Speech #680079858

Is it not incumbent upon Congress itself to lay down the reghlations upon which such seamen may enter? Certainly the committee will not chage this body with being incompetent to handle this problem. nor that it is improper for this body to do so. and would delegate tlhis task to the Secretary. I say. gentlemen. that we should state in positive language the conditions under which alien seamen shall be permitted to land. and I deem this absolutely essential from the standpoint of justice to the seamen and especially for the success of the American immigration policy. Mr. Chairnan. I therefore submit the following substitute In place of section 18: (a) Every alien employed on board of any vessel arriving in the United States frbm any place outside thereof shall be examined by an immigrant inspector to determine whether or not (1) he Is a bona fide seaman. and (2) he is an alien of the class described In subdivision (f) section 19 hereof. and by a surgeon of the United States Public Health Service to determine (3) whether or not he is suffering with any of the disabilities or diseases specified in section 85 of the immigration act of 101T. (b) If it is found that such alien is not a bona fide seaman. he shall be regarded as an immigrant. and the various provisions of this act and of the immigration laws applicable to immigrants shall be enforced In his case. From a decision holding such alien not to be a bona fide seaman the alien shall be entitled to appeal to the Secretary. and on the question of his admissibility as an Immigrant he shall be entitled to abpeal to the Secretary except wLere exclusion is based upon grounds nonappealable under the immigration laws. If found Inadmissible such alien shall be deported as a passenger on a vessel other than that by which brought at the expense of the vessel by which brought. and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed." (c) If it is found that such alien Is subject to exclusion under subdivision (f) of section 19 hereof. the inspector shall order the master to hold such alien on board pending the receipt: of further Instructions. (d) If it Is found that. although a bona fide seaman. such alien is afflicted with ainy of the disabilities or diseases specified in section 35 of the immigration act of 1917. disposition shall be made of his case In accordance with the provisions of the act approved December. 1920. entitled "An act to provide for the treatment in hospital of diseased alien seamen." In discussing this substitute amendment I can only touch upon some of the salient points. The provisions of this substitute are positive. concise. and specific in language. There is no question as to the requirements laid down for the admission of seamen into American ports. It prevides ample protection to our country against dangerous and loathsome contagious diseases. Furthermore. it insures justice to our aliep seamen by extending to them the right to appeal to the Secretary from a decision holding them not to be bona fide seamen. Indeed. a very important provision of my substitute is found In section (b) of this amendment. which reads as follows: If found inadmissible such alien seaman shall he deported as passenger on a vessel other than that by which brought. at the expense of the vessel by which broughtAnd so forth. Note particularly these words. " shall be deported on a vessel other than that by which brought." The siguifialance of this provision is that it eliminates the danger of such alien seaman becoming prisoner on the boat oil which lie came il. thus virtually reducing him to a slave. a condition which Congress intended to remedy by the passage of the La Follette Seamens Act. But equally faulty and ineffective in its attempt to further solve this problem (of trying to plug up the flow of uldesirables who penetrate this country under the guise of seamen is section 19 of the proposed bill. I will but very briefly call your attention to some of the important differences between my substitute amendment and section 19 of tie proposed bill. I will first read section 19 as is proposed by the committee in the original bill. and then I will read my substitute for this section. Section 19 of the bill reads: (a) Upon the arrival (after the expiration of four months after the enactment of this act) of any vessel In the United States. it shall be the duty of the owner. agent. charterer. consignee. or master thereof to deliver to the immigration officer in charge at time port: of arrival. in respect of each alien seaman employed on such vessel. a landing card in triplicate. stating the position such alien holds in the ships company. when and where he was shipped or engaged. and whether he Is to be paid off and discharged at the port of arrival. and such other Information as may be by regulations prescribed. and havinj permanently attached thereto a photograph of such alien. (b) If the alien seaman after examination. which examination In all cases shall include a personal physical examination by the medical examiners. Is found to be temporarily admissible to the United States. he shall be permitted to land during the stay of the vessel in port. or temporarily for the purpose of reshipping on board any other vessel bound to a place outside the United States. and the immigration officer shall cause a fingerprint of the alien to be placed upon each copy of the landing card and indorse upon each copy the date and place of arrival. the name of the vessel. and the time during which the landing card shall be valid. Thereupon one copy of the landing card shall be delivered to him by the immigration officer. one copy shall be transmitted forthwith to the Department of Labor under regulations prescrihed under this act. and tie third copy shall be retained In the immigration office at the port of arrival for such length of time as may -be by regulations prescribed. It shall be unlawful for any alien seaman to remain in the United States after the expiration of the validity of his landing card. -r (c) Any alien who has received a landing card under this section and who departs from the United States shall. prior to his departure. surrender such card to the master of the vessel. who shall. before the departure of the vessel. deliver such card to such individual as amy be by regulations prescribed. (d) An alien seaman who departs from the United States temporarily at frequent intervals in the pursuit of his calling may be admitted to the United States under such regulations as may be prescribed without the requirement of a landing card in respect of each entry into the United States. (e) Landing cards shall be printed on distinctive safety paper prepared and Issued under regulations prescribed under this act at the expense of the owner. agent. consignee. charterer. or master of the vessel. The Secretary of Labor. with the cooperation of the Secretary of State. shall provide a means of obtaining blank landing cards outside the United States. (f) The owner. agent. consignee. charterer. or master of any vessel who violates any of the provisions of this sectionshall pay to the collector of customs for the customs district in which the port of arrival Is located the sum of $1.000 for each alien in respect of whom the violation occurs. and no vessel shall be granted clearance pending the determination of the liability to the payment of such fine. or while the fine remains unpaid. except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine. My proposal reads as follows: (a) Upon tle arrival (after the expiration of four months after the enactment of this act) of any vessel in the United States it shall be the duty of the owner. agent. charterer. consignee. or master thereof to deliver to the immigration officer in charge at the port of arrival. in respect of each alien seaman employed on such vessel. a landing card In duplicate containing such seamans name. age. nationality. personal description. and the capacity in which employed. and having permanently attached thereto a photograph of such seaman. (b) If such alien employee is found. upon examination. not to be subject to detention or exclusion under any of the provisions of section 18 hereof he shall be permitted temporarily to land during the stay of the vessel In port or for the purpose of reshipping on board any other vessel bound to a place outside the United States. and the immigration officer shall cause a fingerprint of the alien to be placed upon each copy of the landing card. Thereupon one copy of the landing card shall be delivered to said seaman and the other copy shall le filed in the archives of the immigration office at the port of arrival and properly indexed for future reference. (c) If such a temporarily landed alien seaman remains in the United States without reshipping foreign for a period in excess of 00 days. such circumstance shall constitute prima facie evidence of abandonment of calling and becoming an immigrant. and such alien shall thereupon be taken Into custody by Immigration officials and examined as though he were an immigrant applying for admission. and unless such alien shows either that he has not abandoned his calling. but is still a bona fide seaman. or that lie is in all respects admissible under this act and the Immigration laws. such alien shall be deported in the manner prescribed by sections 19 and 20 of the immigration act of 1917. (d) Landing cards shall be printed on distinctive safety paper prepared and issued under regulations prescribed under this act at the expense of the owner. agent. consignee. charterer. or master of the vessel. The Secretary of Labor. with the cooperation of the Secretary of State. shall provide a means of obtaining blank landing cards outside the United States. (e) All vessels entering ports of the United States manned with crews engaged and taken on at foreign ports shall. when departing from the United States ports. carry a crew of at least equal number. and any such vessel which fails to comply with this requirement shall be refused clearance. (f) No vessel shall enter a port of the United States. except in distress. having on board as at member of the crew any alien who if he were applying for admission to the United States as al immigrant laborer would be subject to exclusion under the Chinese exclusion laws. or under the sixth proviso to section 3 of the immigratioa act of 1917 and rule 7 of the immigration rules of February 1. 1924. or under the clause of section 3 of the immigration act of 1917. excluding by territorial limitations certain natives of Asia and of islands adjacent thereto. except that any ship of the merchant marine of any one of the cotntries. Islands. dependencies. or colonies immigrant laborers coming from which are excluded by the said provisions of law shall be permitted to enter ports of the United States having on board in their crews aliens of said description who are natives of the particular country. island. dependency. or colony to the merchant marine of which such vessel belongs. Any alien seaman brought into a port of the United States in violation of this provision shall le deported either to the place of shipment or to the country of his nativity as a passenger on a vessel other than that on which brought at the expense of the vessel by which brought. and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed. (g) The owner. agent. consignee. charterer. or master of the vessel woo violates any of the provisions of this section shall pay to the collector of customs for the customs district in which the port of arrival Is located the sum of $1.000 for each alien in respect of whom the violation occurs. and no vessel shall be granted clearance pending the determination of the liability to the payment of such fine or while the fine remains unpaid. except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine. In comparing my substitute with the section as provided In the bill. you will note that one provision of my substitute is the requirement of landing cards in duplicate only. This is a great saving in time and money over the committees proposal for landing cards in triplicate which is in no wise essential to the efficient registration of the seamen landing in our ports.