Speech #640070003

Mr. Chairman. I move to strike out the last word of the amendment for the purpose of calling the attention of the gentleman from Alabama to the fact that he and I. as members of the Immigration Commission. .when. we gave the matter full consideration came to precisely the same conclusion that the gentleman from Illinois now reaches. On pagez 32 of volume 1 of the Report of the Immigration Commission the gentleman and I said: All hearings before boards are required to be separate and apart from the public. but a complete permanent record of the proceedings. including all testimony produced. Is kept. The decision of any two members of the board shall prevail. but either the alien or any dissenting member of the board may take an appeal to the Secretary of Commerce and Labor. and the taking of such appeal shall operate to stay any action in regard to final. disposal. of. the case until it has been passed upon by the Secretary. At all the. important ports the boards. of special. inquiry are composed of immigrant inspectors. who generally are without judicial or legal training. This. together with the. fact that they are selected: by the commissioners of immigration at the ports where they serve. tends to Impair the judicial character of the board and to influence its members. in a greater or less degree to reflect in their decisions the* attitude of the commissioner In determining the cases. The character of their decisions is indicated somewhat. by the fact that nearly 50 per cent. of the cases appealed are reversed by the Secretary of Commerce and Labor. whose decision under the law must be based solely upon the evidence adduced before the board. This record of reversals on appeal suggests: that their decisions which are not reviewed may be equally wrong. In justice to the immigrant and to the country as. well the character of these boards should be improved. They should be composed. of men whose ability and training fit them for. the judicial functions performed. and the provision compelling their bearings to be separate and apart from the public should be repealed. I think the gentleman and I were right. and we followed up that in the same set of conclusions on page 46 by making certain recommendations. We not only put it in our conclusions but in our recommendations. as follows: To strengthen the certainty of just and humane decisions of doubtful cases at ports of entry It is recommended.: That section 25 of the Immigration act. of 1907 be amended to provide that boards of special Inquiry should be appointed by the Secretary of Commerce and Labor. and that they should. be composed of men whose ability and training qualify them for the performance of judicial functions . that the provisions compelling their hearings to be separate and apart from the public should be repealed. and that the office of an additional Assistant Secretary of Commerce and Labor to assist In reviewing such appeals be created.