Speech #640069553

To continue the existing law. which has the word "negligent" inserted before the word "failure." would be a great mistake. I want to read from the report .of the Commissioner General of Immigration in 1911. In 1911 the Commissioner General of Immigration submitted to us the draft of a new immigration law. The wording of section 34 of that draft law has been adopted in a modified form in section 10 of this bill. The wording submitted at that time by the Commissioner General of Immigration made it the " mandatory and unqualified duty of every person. including owners. oflicers." and so forth. to prevent the escape of persons who had no right to land in this country. The Committee on Imnigration two or three years agoI have forgotten exactly whencame to the conclusion that this " mandatory and unqualified " provision recomnended by the Commissioner of Immigration ought not to be adopted. and yet that steps must be taken to prevent beyond peradventure the landing in this country of unauthorized persons. Consequently it was decided to omit the word " negligent " before the word "failure." I am going to read from the report submitted by the Commissioner General of Immigration in 1911. At that time he submitted to Congress the draft of a new immigration bill. Section 34 of the commissioners bill is very like section 10 of this bill which we are considering and substantially the same as section IS of the act of 1907. which endeavors to guard against the unauthorized landing of immigrants. Section 18 of existing law. the act of 1907. carries the word "negligent" before the word " failure." Here is what the commissioner says in this connection: Section 34 is section 18 of the act of 1907 materially strengthened. And it needs to be so strengthened. for various decisions by the courts. especially one by the Supreme Court (197 U.