Speech #560080991

Mr. President. look at this provision for a moment. All these matters are apparent as they are investigated: Enforcement of alien contractlabor laws: For the enforcement of the alien contractlabor laws and to prevent the immigration of convicts. lunatics. idiots. and persons liable to become a public charge. from foreign contiguous territory. $150.00O. This is in the nature of an exception: Provided. That one special inspector. whose compensation shall be paid from this appropriation. may bedetailed for dutyin the bureau at Washington. and hereafter the ComnmissionerGeneral of Immigration. in addition to his other duties. shall have charge.of the administration of the Chinese exclusion law and of the various acts regulating immigration into the United States. its Territories. and the District of Columbia. Then followA the committee amendment: Under the supervision and control of the Secretary of the TreasuryI emphasize nowand under such rules and regulations as he shall prescribe for the proper execution of such laws and the investigation and hearing as to the rights of such Chinese and immigrants to admission into the United States. The whole thing is left under the caprice of the Secretary of the Treasury. "under such rules and regulations as he shall prescribe." Suppose he fails to prescribe any rules. suppose he should be of the opinion that the Chineseexclusion act is not a wise public statute. and. therefore. should not be enforced in its fuW1 soirit. and. thus believing. he should refuse to prescribe any rules for its execution or should prescribe rules which would be abortive for that purpose. there is no power in this bill or elsewhere to compel him to perform his duty and execute the Chinese exclusion act in its full spirit and purpose. Then. Mr. President. we transfer a clear. judicial power by this amendment from the judiciary of the United States. and of the States for that matter. to this administrative officer. we transfer the power of "investigation and hearing as to the rights of such Chinese and immigrants to admission into the United States." and there is no apleal from what this officer may determine. If the Secretary of the Treasurylearned always. of course. in financial matters. possibly somewhat weak in his knowledge of jurisprudenceshall see fit. on investigating a given case. to say a given Chinaman is entitled to a residence in this country. that is an end to the controversy. It takes away from the judicialpower of the nation its jurisdiction to inquire into the fact and adjudicate the status of one of these persons whose right to a residence in this country may be questioned.