GERALD M. POLLACK OCTOBER 2, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. REES, of Kansas, from the Committee on Immigration and Naturalization, submitted the following REPORT [To accompany H. R. 10389] The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 10389) for the relief of Gerald M. Pollack, having considered the same report it back with an amendment and recommend that the bill as amended do pass. The amendment is as follows: In line 7, after the first word "residence" strike out all the language thereafter. PURPOSE OF THE BILL The bill as amended would record the alien as having entered the United States for permanent residence as of July 4, 1932. The amendment strikes out the following language: "Upon the enactment of this Act, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the nonpreference category of the quota during the current quota year." The reason for striking out the same is that there is no quota from Canada. GENERAL INFORMATION There is no fraud in this case. The alien is a Canadian by birth. His mother having died, his father brought him to an aunt in Boston, Mass., on July 4, 1932. The alien was then a child of 13 years. Since that time he has made his home with his aunt, has gone to school and grew up thinking he was legally admitted to the United States. Very recently he made application to join the military forces of the United States and was refused because he was a citizen of Canada. H. Repts., 76-3, vol. 641 The alien is now passed 21 years of age and the bill was introduced for his relief by Congressman Tinkham in whose congressional district he has resided since coming to the United States. Congressman Tinkham appeared and also the alien appeared before the committee. There was also a representative from the Department of Justice who stated that the statements of the alien were accurate. The committee is of the opinion that in all the circumstances the alien should be given consideration and therefore the bill is favorably reported. There is also attached and made a part of this report the affidavit of the alien setting forth more fully the facts. There is also attached an affidavit from the alien's employers, testifying as to his good character and stating that if he enlists in the military service that his position in their employ will be kept for him after he has finished such military service. SUFFOLK, 88: UNITED STATES OF AMERICA, COMMONWEALTH OF MASSACHUSETTS, August 30, 1940. Now comes Gerald Pollack and, being duly sworn, does on his oath depose and say that he was born in the city of Montreal in the Province of Quebec and Dominion of Canada on the 15th day of October 1918; that he is the son of Samuel Pollack and his wife, Lillian Pollack, now deceased; that on the 4th day of July 1932, he entered the United States of America at Newport, Vt., at the age of 14 in company with his father, the aforesaid Samuel Pollack, on a temporary visit to his aunt, Mrs. Bessie Gaminsky, a resident of Boston, Mass.; that his mother, the aforesaid Lillian Pollack, had deceased at Montreal on or about the 21st day of July 1928; that during said visit it was decided between his father and his aforesaid aunt to leave him at said Boston in the custody of said aunt for the purpose of completing his education; that through ignorance on the part of his father and aforesaid aunt, no effort was made to obtain visa for his permanent admission into the United States for the purpose of residence; that because of his birth in the Dominion of Canada, as aforesaid, he was not at that time subject to the immigration quota and would have been entitled to such visa in view of the fact that proper arrangements for his support in order to satisfy the immigration authorities could have been made had his father and aforesaid aunt not been ignorant of the requirements of the law; that ever since his said entry he has resided in the United States with his aforesaid aunt at Boston and for 4 years attended the Boston Roxbury Memorial High School for boys at Roxbury, from which institution he graduated in June of 1935; that since his graduation from high school he has been employed as an assistant buyer by the firm of Markson Bros., chain jewelry and clothing-store operators, with headquarters at 100 Summer Street in said Boston; that hitherto he has always been under the impression that he was legally admitted to the United States and only learned of the illegality of his aforesaid entry while soliciting information for the purpose of enabling him to enter the military service of the United States; that he is anxious to enlist in the military service of the United States since he has been educated in this country as aforesaid and regards the United States of America as his home; that if his aforesaid entry were declared legal he would voluntarily enlist forthwith in the military service of the United States. SUFFOLK, 88: GERALD M. POLLACK. AUGUST 30, 1940. COMMONWEALTH OF MASSACHUSETTS Then personally appeared before me the aforesaid Gerald Pollack, to me personally known, and made oath to the truth of the aforegoing, before me. GEORGE L. RABB, Notary Public. [SEAL] SUFFOLK, 88: UNITED STATES OF AMERICA, COMMONWEALTH OF MASSACHUSETTS, September 25, 1940. Now comes Robert T. Markson and being sworn does on oath depose and say that he is the secretary of Markson Bros., a corporation duly organized by law and having its usual place of business in the County of Suffolk aforesaid; that said corporation operates retail jewelry and clothing stores in the States of Massachusetts, New Hampshire, Maine, and Connecticut and maintains its headquarters at Boston aforesaid; that Gerald M. Pollack, residing at 15 Park View Street, Roxbury, Mass., for whose relief the bill captioned H. R. 10389 was introduced in the House of Representatives in the United States, now is and for 3 years last past has been employed by said corporation at its aforesaid headquarters in the capacity of assistant buyer; that said Gerald M. Pollack has during his said employment been an honest, trustworthy, capable, and energetic employee of said corporation and is now undergoing a course of training for an executive position in the organization conducted by said corporation; that your deponent is authorized by said corporation to state that it intends to keep him in its employ, and therefore desires the enactment of said legislation; that said corporation is fully cognizant of said Gerald M. Pollack's desire to enter the military or naval service of the United States, and if his entry is legalized by the enactment of said bill, and if he should thereafter enter such service, it will at all times keep his said position in its organization open and available to him for such time as his enlistment in said service may entail. ROBERT T. MARKSON. Then personally appeared before me Robert T. Markson to me known and subscribed to the truth of the foregoing, before me. [SEAL] RAYMOND GINZBERG, Notary Public. DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Hon. SAMUEL DICKSTEIN, Chairman, House Committee on Immigration, House of Representatives, Washington, D. C. MY DEAR MR. CONGRESSMAN: Under date of September 9, the clerk of your committee requested a report on H. R. 10389, a bill for the relief of the alien Gerald M. Pollack. An investigation has been directed and as soon as a report has been received our views on this bill will be submitted to you. Sincerely yours, LEMUEL B. SCHOFIELD, Special Assistant to the Attorney General. O EXTENDING THE CLASSIFIED CIVIL SERVICE OF THE UNITED STATES OCTOBER 2, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. RAMSPECK, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H. R. 960] The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 960), extending the classified civil service of the United States, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its amendments numbered 4, 8, 11, 12, 24, 30, and 32. That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 5, 6, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, and 31, and agree to the same. Amendment numbered 3: That the House recede from its disagreement to the amendment of the Senate numbered 3, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney; and the Senate agree to the same. Amendment numbered 7: That the House recede from its disagreement to the amendment of the Senate numbered 7, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: And provided further, That the Civil Service Commission may require the submission of fingerprints of applicants for |