JULY 30 (legislative day, JULY 27), 1953.—Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 917] The Committee on the Judiciary, to which was referred the bill H. R. 917) for the relief of Luigi Lotito, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to waive the excluding provision of existing law relating to the conviction of a crime involving moral urpitude in behalf of the husband of a lawfully resident alien of the United States. STATEMENT OF FACTS The beneficiary of the bill was born in Italy on January 27, 1888, and is presently residing there. His wife was admitted to the United States for permanent residence on March 23, 1951. She is presently n Italy with her husband. He was convicted in 1909 for the crime of personal voluntary injuries continued with firearms on the person f another to whom he caused sickness for 24 days and on the person of still another to whom he caused a sickness for 28 days and abusive arrying of revolver. Besides his wife, who is a lawful resident of he United States, he has 4 children in this country, 2 of whom are nited States citizens. Without the waiver provided for in the bill, he beneficiary will be unable to join his family in this country. A letter, with attached memorandum, dated June 10, 1952, to the hen chairman of the Committee on the Judiciary of the House of Representatives from the Deputy Attorney General with reference o H. R. 4430, which was a bill introduced in the 82d Congress for he relief of the same alien, reads as follows: JUNE 9, 1952. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 4430) for the relief of Luigi Lotito, an alien. The bill would enable him to gain admission to the United States for permanent residence, notwithstanding the provision of the 11th category of section 3 of the Immigration Act of 1917, as amended, which excludes from admission to the United States aliens who have been convicted of or who admit the commission of a crime involving moral turpitude. There is attached a memorandum prepared by the Immigration and Naturalization Service of this Department setting forth the facts in Mr. Lotito's case. The excluding provisions of the act of February 5, 1917, as amended, were enacted for the protection of the people of the United States. The record in this case fails to present considerations sufficient to warrant exempting the alien from the operation of these provisions. In the absence of complete information concerning the nature of the offense allegedly committed by Mr. Lotito, the Department of Justice is unable to recommend the enactment of this measure. Sincerely, A. DEVITT VANECH, MEMORANDUM OF INFORMATION FROM THE IMMIGRATION AND NATURALIZATION SERVICE FILES RE LUIGI LOTITO, BENEFICIARY OF H. R. 4430 Mr. Lotito was born in Corato, Bari, Italy, on January 27, 1888, and resides in that town. He served in the Italian Army during World War I, and was honorably discharged. Since the First World War, he has been the superintendent of a Catholic Church located in his native city. Mr. Lotito's wife and five of his children reside in Italy. He also has a son in Venezuela and another son and a daughter living in the United States as permanent residents. It appears that the entire family of the alien is desirious of gaining permanent residence in the United States. The alien's wife, Philomena, was issued an immigration visa and was admitted to the United States at the port of New York for permanent residence on March 23, 1951. Because of illness, however, she obtained a reentry permit and returned to Italy on August 1, 1951. It is her desire to return to the United States with her husband, the alien. Mr. Lotito was sentenced on February 28, 1909, at Trani, Italy, to "1 year and 20 days of close confinement for the crime of personal voluntary injuries continued with firearms on the person of Ferrante Cataldo to whom he caused a sickness for 24 days, and on the person of Diaferia Cataldo to whom he caused sickness for 28 days and abusive carrying of revolver * * *" Mr. Lotito's appeal was dismissed February 5, 1909, and the sentence confirmed. The Department of State has informally advised this Service that it does not have any information concerning Mr. Luigi Lotito. The files of this Service do not contain definite information concerning Mr. Lotito's application for an immigration visa or the grounds upon which a visa has been refused. Presumably the alien has been refused a visa on the ground that he is mandatorily excludable from the United States as a person who has been convicted or a crime involving moral turpitude. H. R. 4430 erroneously refers to the Immigration Act of 1947 instead of the Immigration Act of 1917. In addition, its terms are so broad as to permit the alien's admission to the United States regardless of the nature or the number of crimes of which he may have been convicted. If the committee decides that the alien merits favorable consideration, the bill should be amended to read: "That, notwithstanding the provisions of the eleventh category of section 3 of the Immigration Act of February 5, 1917, as amended, insofar as concerns aty act or acts of Luigi Lotito, of which the Department of State or the Department of Justice has notice at the time of the enactment of this Act, the said, Luigi Lotito may be admitted to the United States for permanent residence if he is found otherwise admissible under the provisions of the immigration laws" Representative Katharine P. C. St. George, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary f the House of Representatives and submitted the following informaon in connection with the case: LAW OFFICES, PETER F. SNYDER, ROBERT T. REYNOLDS, on. KATHARINE ST. GEORGE, Washington. D. C. DEAR MRS. ST. GEORGE: Confirming telephone conversation with Mrs. Buist, your office, relative to the bill (H. R. 917) for the relief of Luigi Lotito, introuced by you, permit me to answer two questions which have been asked, as llows: (1) Mrs. Filomino Lotito, wife of Luigi, legally and permanently resident in e United States, departed from the United States bearing reentry permit in 951, then intending to return. However, by reason of difficulties confronting e immigration of her husband, she has permitted the validity of her American entry permit to lapse, and will not return to her American residence unless her sband can be permitted to accompany her. (2) Of the 8 children of Mr. and Mrs. Lotito, 4 are in the United States, 1 mains in Italy permanently, and 3 are intending immigrants eligible to prefence under petitions presently pending in the United States Immigration and aturalization Service. That is to say, the children Maria and Giovanni are lly naturalized citizens of the United States. Nicola and Nunzia are legally sident immigrants and declarants for American citizenship. Anna, Domenico, d Francesco are intending immigrants and beneficiaries of petitions for prefence filed February 24, 1953 Rosa (Ferrari) being an adult and married, mains in Italy and is not intending to immigrate at the present time. As you have been assured heretofore, the citizen children of Mr. and Mrs. tito are willing and able to come to Washington to testify before the committee behalf of the bill, H. R. 917, if it shall be considered necessary that hearing held. The basic fact is that Luigi Lotito has been denied visa because 45 ars ago, when he was aged 20 years, he committed a crime involving moral pitude. You have in hand evidence showing that throughout the intervening ars he has lived a good and respectable life; still he misses the excusing or relievprovision of the Immigration and Nationality Act of 1952 (sec. 212 (a) (9)), that he was not under the age of 18 when this single offense was committed. s by reason of this circumstance that enactment of a special bill is recommended. Respectfully yours, PETER F. SNYDER. The committee, after consideration of all the facts in the case, is of e opinion that the bill (H. R. 917) should be enacted. O JULY 30 (legislative day, JULY 27), 1953.—Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 937] The Committee on the Judiciary, to which was referred the bill H. R. 937) for the relief of the estate of Frank DeNuzzi and Cecelia felnik Burns, having considered the same, reports favorably thereon, ithout amendment and recommends that the bill do pass. PURPOSE The purpose of the proposed legislation is to pay $10,000 to the tate of Frank DeNuzzi, of 103 Mersereau Avenue, Staten Island, . Y., in full settlement of all claims against the United States for e death of said Frank DeNuzzi and all expenses incident thereto stained as the result of an accident involving a United States ldier stationed at Gulfport, Staten Island, N. Y., on June 23, 1943, d $1,500 to Cecelia Melnik, of 1918 Richmond Terrace, Port chmond, Staten Island, N. Y., in full settlement of all her claims ainst the United States for personal injuries and all expenses cident thereto sustained as a result of the same accident. STATEMENT On the evening of June 23, 1943, Frank DeNuzzi, 17 years of age, no resided with his parents, Mr. and Mrs. Pasquale DeNuzzi, at 2 Mersereau Avenue, Staten Island, N. Y., took Cecelia Melnik, 14 ars of age, who resided with her parents at 8 Parish Avenue, Travis, aten Island, for a ride in an automobile. They drove from her |