Speech #590159283

That upon the certificate of a medical officer of the United States Public Health and MarineHospital Service to the effect that a rejected alien is helpless from sickness. mental or physical disability. or infancy. if such alien is accompanied by another alien whosd protection or guardianship is required by such rejected alien. such accompanying alien may also be excluded. and the master. agent. owner. or consignee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. SEC. 12. That upon the arrival of any alien by water at any port within the United States it shall be the duty of the master or commnding officer of the steamer. sailing. or other vessel having said alien on board to deliver to time immigration officers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel. which shall. in answer to questions at the top of said lists. state as to each alien the full name. age. and sex. whether married or single. the calling or occupation. whether able to read or write. the nationality. the race. the last residence: the name and address of the nearest relative in the country from which the alien came. the seaport for landing in the United States. the final destination. if any. beyond the port of landing. whether having a ticket through to such final destination. whether the alien has paid his own passage or whether it has been paid by any other person or by any corporation. society. municipality. or government. and if so. by whom. whether in possession of fifty dollars. and if less. how much. whether going to join a relative or friend. and if so. what relative or friend. and his or her name and complete address. whether ever before in the United States. and if so. when and where. whether ever in prison or alnshouse or an institution or hospital for the care and treatment of the insane or supported by charity. whether a polygamist. whether an anarchist. whether coming by reason of any offer. solicitation. promise. or agreement. express or implied. to perform labor in the United States. and what is the aliens condition of health. mental and physical. and whether deformed or crippled. and if so. for how long and from what cause. that it shall further be the duty of the master or commanding officer of every vessel taking alien passengers out of the United States. from any port thereof. to file before departure therefrom with the collector of customs of such port a complete list of all such alien passengers taken on board. Such list shall contain the name. age. sex. nationality. residence in the United States. occupation. and the time of last arrival of every such alien in the United States. and no master of any such vessel shall be granted clearance papers for his vessel until he has deposited such list or lists with the collector of customs at the port of departure and made oath that they are full and complete as to the name and other information herein required concerning each alien taken on board his vessel. and any neglect or omission to comply with the requirements of this section shall be punishable as provided in section fifteen of this act. That the collector of customs with whom any such list has been deposited in accordance with the provisions of this section shall promptly notify the CommissionerGeneral of Immigration that such list has been deposited with him as provided. and shall make such further disposition thereof as may be required by regulations to be issued by the CommissionerGeneral of Immigration with the approval of the Secretary of Commerce and Labor: Provided. That in the case of vessels making regular trips to ports of the United States the CommissionerGeneral of Immigration. with the approval of the Secretary of Commerce and Labor. may. when expedient. arrange for the delivery. of such lists of outgoing aliens at a later date: Provided further. That it shall be the duty of the master or commanding officer of any vessel sailing from ports in the Philippine Islands. Guam. Porto Rico. or Hawaii to any port of the United States on the North Anmerican Continent to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation. giving the names of all aliens on board said vessel. SEC. 13. That all aliens arriving by water at the ports of the United States shall be listed in convenient groups. and no one list or manifest shall contain more than thirty names. To each alien or head of a family shall be given a ticket on which shall be written his name. a number or letter designating the list in -which his name. and so forth. is contained. and his number on said list. for convenience of identification on arrival. Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer. or the first or second below him in command. taken before an immigration officer at the port of arrival..to the effect that he has caused the surgeon of said vessel sailing therewith to make a physical and oral examination of each of said aliens. and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is an idiot. or imbecile. or a feebleminded person. or insane person. or a pauper. or is likely to become a public charge. or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease. or is a person who has been convicted of or who admits having comimitted a felony or other crime or misdemeanor involving moral turpitude. or is a polygamist. or one admitting belief in the practice of polygamy. or an anarchist.. or under promise or agreement. express or implied. to perform labor in the United States. or a prostitute. or a woman or girl coming to the United States for the purpose of prostitution or for any other immoral purpose. and that also. according to the best of his knowledge and belief. the information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect. SEC. 14. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests and make oath or affirmation in like manner before an immigration officer at the port of arrival. stating his professional experience and qualifications as a physician and surgeon. and that he has made a personal examination of each of the said aliens named therein. and that the said list or manifest. according to the best of his knowledge and belief. is full. correct. and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens. the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessel. SEC. 15. That in the case of the failure of the master or commanding officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof. as required in sections twelve. thirteen. and fourteen of this act. he shall pay to the collector of customs at the port of arrival the sum of ten dollars for each alien concerning whom the above information is not contained in any list as aforesaid: Providcd. That in the case of failure without good cause to deliver the list of passengers required by section twelve of this act from the master or conmuanding officer of every vessel taking alien passengers out of the United States. the penalty shall be paid to the collector of customs at the port of departure and smll be a fine of ten dollars for each alien not included in said list. but in no case shall the aggregate fine exceed one hundred dollars. SEC. 16. That upon the receipt by the immigration officers at any port of arrival of the lists or manifests of incoming aliens provided for in sections twelve. thirteen. and fourteen of this act. it shall be the duty of said officers to go or to send competent assistants to the vessel to which said lists or manifests refer and there inspect all such aliens. or said immigration officers may order a temporary removal of such aliens for examination at a designated time and place. but such temporary removal shall not be considered a landing. nor shall it relieve the transportation lines. masters. agents. owners. or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which. in case such aliens remain on beard. would. under the provisions of this act. bind the said transportation lines. masters. agents. owners. or consignees: Provided. That where a suitable building is used for the detention and examination of aliens the immigration officials shall there take charge of such aliens. and the transportation companies. masters. agents. owners. and consignees of the vessels bringing suci aliens shall be relieved of the responsibility for their detention thereafter until the return of such aliens to their care. SEC. 17. That the physical and mental examination of all arriving aliens shall be made by medical officers of the United States Public Health and MarineHospital Service. who shall have had at least two years experience in the practice of their profession since receiving the degree of doctor of medicine and who shall certify for the information of the immigration officers and the boards of special inquiry hereinafter provided for. any and all physical and mental defects or diseases observed by said medical officers in any such alien. or. should medical officers of the United States Public Health and MarineHospital Service be not available. civil surgeons of not less than four years professional experience may be employed in such emergency for such service. upon such terms as may be prescribed by the ComnissionerGeneral of Immigration under the direction or with the approval of the Secretary of Commerce and Labor. The United States Public Health and MarineHospital Service shall be reimbursed by the immigration service for all expenditures incurred in carrying out the medical inspection of aliens under regulations of the Secretary of Commerce and Labor. SEC. 18. That it shall be the duty of the owners. officers. or agents of any vessel or transportation line. other than those railway lines which may enter into a contract as provided in section thirtytwo of this act. bringing an alien to the United States to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers. and the negligent failure of any such owner. officer. or agent to comply with the foregoing requirements shall be deemed a misdemeanor and be punished by a fine in each case of not less than one hundred nor more than one thousand dollars or by imprisonment for a term not exceeding one year. or by both such fine and imprisonment . and every such alien so landed shall be deemed to be unlawfully in the United States and shall be deported as provided in sections twenty and twentyone of this act. SEc. 19. That all aliens brought to this country in violation of law shall. if practicable. be immediately sent back to the country whence they respectively came on the vessels bringing them. The cost of their maintenance while on land. as well as tie expense of the return of such aliens. shall be borne by the owner or owners of the vessels on which they respectively came. and if any master. person in charge. agent. owner. or consignee of any such vessel shall refuse to receive back on board thereof. or on board of any other vessel owned or operated by the same interests. such aliens. or shall fail to detain them thereon. or shall refuse or fail to return them to the foreign port from which they came. or to pay the cost of their maintenance while on land. or shall make any charge for the return of any such alien. or shall take any security from him for the payment of such charge. such master. person in charge. agent. owner. or consignee shall be deemed guilty of a misdemeanor and shall. on conviction. be punished by a fine of not less than three hundred dollars for each and every such offense. and no vessel shall have clearance from any port of the United States while any such fine is unpaid: Provided. That the CommissionerGeneral of Immigration. with the approval of the Secretary of Commerce and Labor. may suspend. upon conditions to be prescribed by the CommissionerGeneral of Immigration. the deportation of any alien found to have come in violation of any provision of this act. if. in his judgment. the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provision of this act: Provided. That the cost ofmaintenance of any person so detained resulting from such suspension of deportation shall be paid from the " imigrant fund." but no alien certified. as provided in section seventeen of this act. to be suffering from tuberculosis or from a loathsome or dangerous contagious disease other than one.of quarantinable nature shall be permitted to land for medical treatment thereof in any hospital in the United States. unless with the express permission of the Secretary of Commerce and Labor: Provided. That upon the certificate of a medical officer of t he United States Public Health and MarineHospital Service to the effect that the health or safety of an insane alien would be unduly imperiled by immediate deportation. such alien may. at the expense of the "immigrant fund." be held for treatment until such time as such alien may. in the opinion of such medical officer. be safely deported. SEC. 20. That any alien who shall enter the United States in violation of law. and such as become public charges from causes existing prior to landing. shall. upon the warrant of the Secretary of Commerce and Labor. be taken into custody and deported to the country whence he came at any time within three years after the date of his entry into the United States. Such deportation. including onehalf of the entire cost of removal to the port of deportation. shall be at the expense of the contractor. procurer. or other person by whom the alien was. unlawfully induced to enter the United States. or. if that can not be done. then the cost of removal to the port of deportation shall be at the expense of the " immigrant fund " provided for in section one of this act. and the deportation from such port shall be at the expense of the owner or owners of such vessel or transportation line by which such aliens respectively came: Provided. That pending the final disposal of the case of any alien so taken into custody. he may be released under a bond in the penalty of not less than five hundred dollars. with security approved by the Secretary of Commerce and Labor. conditioned that such alien shall be produced when required for a hearing or hearings in regard to the charge upon which lie has been taken into custody. and for deportation if he shall be found to be unlawfully within the United States. SEC. 21. That in case the Secretary of Commerce and Labor shall be satisfied that an alien has been found in the United States in violation of this act. or that an alien is subject to deportation under the provisions of this act or of any law of the United States. he shall cause such alien within the period of three years after landing or entry therein to be taken into custody and returned to the country whence he came. as provided by section twenty of this act. and a failure or refusal on the part of the masters. agents. owners. or. consignees of vessels to comply with the order of the Secretary of Commerce and Labor to take on board. guard safely. and return to the country whence he came any alien ordered to be deported under the provisions of this act shall be punished by the imposition of the penalties prescribed in section nineteen of this act: Provided. That when in the opinion of the Secretary of Commerce and Labor the mental or physical condition of such alien is such as to require personal care and attendance. he may employ a suitable person for that purpose. who shall accompany such alien to his or her final destination. and the expense incident to such service shall be defrayed in like manner. SEc. 22. That the CommissionerGeneral of Immigration. in addition to such other duties as may by law be assigned to him. shall. under the direction of the Secretary of Commerce and Labor. have charge of the administration of all laws relating to the immigration of aliens into the United States. and shall have the control. direction. and supervision of all officers. clerks. and employees appointed thereunder. He shall establish such rules and regulations. prescribe such forms of bond. reports. entries. and other papers. and shall issue from time to time such instructions. not inconsistent with law. as lie shall deem best calculated for carrying out the provisions of this act and for protecting the United States and aliens migrating thereto from fraud and loss. and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid. all under the direction or with the approval of the Secretary of Commerce and Labor. And it shall be the duty of the CommissionerGeneral of Immigration to detail officers of the immigration service from time to time as may be necessary. in his judgment. to secure information as to the number of aliens detained in the penal. reformatory. and charitable institutions (public and private) of the several States and Territories. the District of Columbia. and other territory of the United States. and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become public charges: Provided. That the CommissionerGeneral of Immigration may. with the approval of the Secretary of Commerce and Labor. whenever in his judgment such action may be necessary to accomplish the purposes of this act. detail immigration officers. and also surgeons. in accordance with the provisions of section seventeen. for service in foreign countries. Sic. 23. That theduties of the commissioners of immigration shall be of an administrative character. to be prescribed in detail by regulations prepared under the direction or with the approval of the Secretary of Commerce and Labor. SEC. 24. That immigrant inspectors and other immigration officers. clerks. and employees shall hereafter be appointed and their compensation fixed and raised or decreased from time to time by the Secretary of Commerce and Labor. upon the recommendation of the CommissionerGeneral of Immigration and in accordance with the provisions of the civilservice act of January sixteenth. eighteen hundred and eightythree: Provided. That said Secretary. in the enforcement of that portion of this act which excludes contract laborers. may employ. without reference to the provisions of the said civilservice act. or to the various acts relative to the compilation of the official register. such persons as he may deem advisable and from time to time fix. raise. or decrease their compensation. He may draw from the " immigrant fund" annually fifty thousand dollars. or as much thereof as may be necessary. to be expended for the salaries and expenses of persons so employed and for expenses incident to such employment. and the accounting officers of the Treasury shall pass to the credit of the proper disbursing officer expenditures from said sum without itemized account whenever the Secretary of Commerce and Labor certifies that an itemized account would not be for the best interests of the Government: Providcd farther. That nothing herein contained shall be construed to alter the mode of appointing commissioners of immigration at the several ports of the United States as provided by the sundry civil appropriation act approved August eighteenth. eighteen hundred and ninetyfour. or the official status of such commissioners heretofore appointed. Immigration officers shall have power to administer oaths and to take and consider evidence touching the right of any alien to enter the United States. and. where such action may be necessary. to make a written record of such evidence. and any person to whom such an oath has been administered under the provisions of this act who shall knowingly or willfully give false evidence or swear to any false statement in any way affecting or in relation to the right of any alien to admission to tie United States shall be deemed guilty of perjury and be punished as provided by section fiftythree hundred and ninetytwo. United States Revised Statutes. The decision of any such officer. if favorable to the admission of any alien. shall be subject to challenge by any other immigration officer. and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investigation. Every alien who may not appear to the examining immigrant inspector at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board of special inquiry. SEc. 25. That such boards of special inquiry shall be appointed by the commissioner of immigration at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such ports under the provisions of law. Each board shall consist of three members. who shall be selected from such of the immigrant officials in the service as the CommissionerGeneral of Immigration. with the approval of the Secretary of Commerce and Labor. shall from time to time designate as qualified to serve on such boards: Providcd. That at ports where there are fewer than three fillmigrant inspectors the Secretary of Commerce and Labor. upon the recommendation of the CommissionerGeneral of Immigration. may designate other United States officials for service on such boards of special inquiry. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or shall be deported. All hearings before boards shall be separate and apart from the public. but the said boards shall keep a complete. permanent record of their proceedings and of all such testimony as may be produced before them. and the decision of any two members of a board shall prevail. but either the alien or any dissenting member of tle said board may appeal. through the commissioner of immigra: tion at the port of arrival and the CommissionerGeneral of Immigration to the Secretary of Commerce and Labor. and the taking of such appeal shall operate to stay any action in regard to the final disposal of any alien whose case is so appealed .until the receipt by the commissioner of immigration at the port of arrival of such decision. which shall be rendered solely upon the evidence adduced before the board of special inquiry: Provided. That in every case where an alien is excluded from admission into the United States. under any law or treaty now existing or hereafter made. the decision of the appropriate inmigration officers. if adverse to the admission of such alien. shall be final. unless reversed on appeal to the Secretary of Commerce and Labor. but nothing in this section shall be construed to admit of any appeal in the case of an alien rejected as provided for in section ten of this act. SEC. 26.