Sec. 32. Entrance of Aliens by Railroads, 174. 33. Construction of Term United States "— Aliens from Conal Zone, 174 34. Commissioner of Immigration at New Orleans, La., 174. 35. Ports of Deportation, 175. 36. Deportation unless Entering at Seaports Canada and Mexico Borders, 175. 37. Families of Aliens, Having Contagious Diseases — Temporary Detention -Admission, 175 38. Anarchists, etc., Prohibited Entry - Enforcement - Penalty for Assisting Illegal Entries, 175. 39. Foint Commission on Immigration - Powers, Duties, etc. - ReportExpenses -International Conference May Be Called - Subjects for Consideration, 176. 40. Bureau of Immigration and Naturalization - Information Division Created Duties, etc.- Agents of States, etc., 176. 41. Foreign Officials, etc., 177; 42. Immigrant Passengers-Accommodations for - On Steamships - Limita- Children, etc. In Effect Jan. 1, 1909, 177.. 43. Repeal Provisions Chinese Exclusion, etc., 178. 44. EffectExceptions, 178. Act of March 4, 1909, Ch. 299, 178. Sec. 1. Head Tax, etc., to Be Covered into the Treasury, 178. Act of March 4, 1909, Ch. 305, 179. List of Aliens Not Required on Vessels for Canada and Mexico, 179. CROSS-REFERENCES. Estimates Required, see ESTIMATES, APPROPRIATIONS, AND REPORTS. Bureau of Immigration and Naturalization, see NATURALIZATION. 66 An Act To regulate the immigration of aliens into the United States. [Act of Feb. 20, 1907, ch. 1134, 34 Stat. L. 898.] [SEC. 1.] [Head tax on entry of aliens increased payment to constitute immigrant fund"-use of lien on vessels, etc., for tax aliens exempted payments by railroads - limit of fund arrivals from insular possessions-exclusion of aliens detrimental to labor conditions.] That there shall be levied, collected, and paid a tax of four dollars for every alien entering the United States. The said tax shall be paid to the collector of customs of the port or customs, district to which said alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States. The money thus collected, together with all fines and rentals collected under the laws regulating the immigration of aliens into the United States, shall be paid into the Treasury of the United States, and shall constitute a permanent appropriation to be called the "immigrant fund," to be used under the direction of the Secretary of Commerce and Labor to defray the expense of regulating the immigration of aliens into the United States under said laws, including the contract labor laws, the cost of reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees appointed to enforce said laws. The tax imposed by this section shall be a lien upon the vessel, or F. S. A. Supp. -11 161 other vehicle of carriage or transportation bringing such aliens to the United States, and shall be a debt in favor of the United States against the owner or owners of such vessel, or other vehicle, and the payment of such tax may be enforced by any legal or equitable remedy. That the said tax shall not be levied upon aliens who shall enter the United States after an uninterrupted residence of at least one year, immediately preceding such entrance, in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, nor upon otherwise admissible residents of any possession of the United States, nor upon aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory: Provided, That the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of Commerce and Labor, by agreement with transportation lines, as provided in section thirty-two of this Act, may arrange in some other manner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory: Provided further, That if in any fiscal year the amount of money collected under the provisions of this section shall exceed two million five hundred thousand dollars, the excess above that amount shall not be added to the "immigrant fund:" Provided further, That the provisions of this section shall not apply to aliens arriving in Guam, Porto Rico, or Hawaii; but if any such alien, not having become a citizen of the United States, shall later arrive at any port or place of the United States on the North American Continent the provisions of this section shall apply: Provided further, That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, the President may refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such other country or from such insular possessions or from the Canal Zone. [34 Stat. L. 898.] Head tax and immigration receipts to be covered into Treasury, see provision from the Act of March 4, 1909, ch. 299, infra, p. 178. The rules of the commissioner-general of immigration are to be designed to carry this Act into practical effect; he can make no rule contrary to the spirit of the law, and much less can he add to it any provisions excluding aliens. The twenty-first rule of the commis sioner goes beyond the authority of the Act in excluding Japanese and Koreans who are without passports. U. S. v. Hemet, 156 Fed. 285. Japanese laborers who arrive as seamen and are without passports vouchsafing their entry into the United States are not subject to deportation under the last proviso of this section. U. S. v. Hemet, 156 Fed. 285. SEC. 2. [Classes excluded admission, extended-defective persons-contract laborers exceptions — political offenses — aliens in transit — skilled labor-professional servants.] That the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feebleminded persons, epileptics, insane persons, and persons who have been insane within five years previous; persons who have had two or more attacks of insanity at any time previously; paupers; persons likely to become a public charge; professional beggars; persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who admit their belief in the practice of polygamy, anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all government, or of all forms of law, or the assassination of public officials; prostitutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose; persons hereinafter called contract laborers, who have been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to migrate as above described; any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes, and that said. ticket or passage was not paid for by any corporation, association, society, municipality, or foreign government, either directly or indirectly; all children under sixteen years of age, unaccompanied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such regulations as he may from time to time prescribe: Provided, That nothing in this Act shall exclude, if otherwise admissible, persons convicted of an offense purely political, not involving moral turpitude: Provided further, That the provisions of this section relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: And provided further, That skilled labor may be imported if labor of like kind unemployed can not be found in this country: And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants. [34 Stat. L. 898.] See notes under secs. 21, 28, 43, infra. SEC. 3. [Importing women for prostitution, etc., forbidden — punishment deportation.] That the importation into the United States of any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, is hereby forbidden; and whoever shall, directly or indirectly, import, or attempt to import, into the United States, any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, or whoever shall hold or attempt to hold any alien woman or girl for any such purpose in pursuance of such illegal importation, or whoever shall keep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl, within three years after she shall have entered the United States, shall, in every such case, be deemed guilty of a felony, and on conviction thereof be imprisoned not more than five years and pay a fine of not more than five thousand dollars; and any alien woman or girl who shall be found an inmate of a house of prostitution or practicing prostitution, at any time within three years after she shall have entered the United States, shall be deemed to be unlawfully within the United States and shall be deported as provided by sections twenty and twenty-one of this Act. [34 Stat. L. 899.] 66 Interpretation. The words or for any other immoral purpose " in the above section are broad enough to include the case of one who imports an alien woman into the United States with intent that she shall live with him as his concubine; and an indictment omitting any averment as to prostitution eo nomine, but alleging an importation for the purpose of living in concubinage with the importer, is sufficient to charge an offense under the statute. U. S. v. Bitty, (1908) 208 U. S. 393, reversing (1907) 155 Fed. 938. Validity as to maintenance of prostitutes. In so far as this provision assumes to constitute it an offense to keep an alien in a house of prostitution it is unconstitutional. Congress has no power to punish such acts, the jurisdiction thereover being solely with the states by virtue of the reservation of the police power to them. Keller v. U. S., 213 U. S. 138, 29 Sup. Ct. Rep. 470. This was an indictment for a violation of the part of the above section which relates to "whoever shall keep, maintain," etc., "in any house or other place, for the purpose of prostitution 營 66 # any alien woman." It was urged that Congress had power to enact this provision because of its relation to and effect upon the importation and exclusion of aliens. To this the court, per Mr. Justice Brewer, said: The act charged is only one included in the great mass of personal dealings with aliens. It is her own character and conduct which determine the question of exclusion or removal. The acts of others may be evidence of her business and character. But it does not follow * that Congress has the power to punish those SEC. 4. [Importing contract labor a misdemeanor.] That it shall be a misdemeanor for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to assist or encourage the importation or migration of any contract laborer or contract laborers into the United States, unless such contract laborer or contract laborers are exempted under the terms of the last two provisos contained in section two of this Act. [34 Stat. L. 900.] The word "misdemeanor" in the above section, which was substituted for a provision in the corresponding section of the former Act that similar actions should be "unlawful," imports a crime, and defines an offense for conspiracy to commit which an indictment will lie under R. S. sec. 5440, notwithstanding the fact that no punishment for the completed crime itself is provided within the limits of the Act. U. S. v. Tsokas, (1908) 163 Fed. 129. SEC. 5. [Penalty for violations - suits by informer.] That for every violation of any of the provisions of section four of this Act the persons, partnership, company, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien And it shall be the thus promised labor or service of any kind as aforesaid. duty of the district attorney of the proper district to prosecute every such suit when brought by the United States. [34 Stat. L. 900.] SEC. 6. [Advertising abroad for labor immigration a misdemeanor - offers of states, etc., excepted.] That it shall be unlawful and be deemed a violation of section four of this Act to assist or encourage the importation or migration of any alien by promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coming under promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apply to States or Territories, the District of Columbia, or places subject to the jurisdiction of the United States advertising the inducements they offer for immigration thereto, respectively. [34 Stat. L. 900.] SEC. 7. [Soliciting by vessel owners, etc., forbidden - penalties.] That no transportation company or owner or owners of vessels, or others engaged in transporting aliens into the United States, shall, directly or indirectly, either by writing, printing, or oral representation, solicit, invite, or encourage the immigration of any aliens into the United States, but this shall not be held to prevent transportation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein; and for a violation of this provision, any such transportation. company, and any such owner or owners of vessels, and all others engaged in transporting aliens into the United States, and the agents by them employed, shall be severally subjected to the penalties imposed by section five of this Act. [34 Stat. L. 900.] SEC. 8. [Punishment for illegally landing aliens, etc.] That any person including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding one thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so landed or brought in or attempted to be landed or brought in. [34 Stat. L. 900.] SEC. 9. [Exclusion for certain physical disabilities fines for violation clearance refused-bond.] That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien subject to any of the following disabilities: Idiots, imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examination at such time, such person or transportation company, or the master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum |