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the decision of the Secretary of Commerce and Labor final, was
Williams, 203 Fed. 151. Where there has been no conviction “the act contemplates an explicit and voluntary admission.'' Ibid. Such was held to be a telegram proved to have been sent by the alien order ing the commission of a crime. Ibid. Perjury, evasive' testimony and a refusal to answer questions upon the subject are not equivalent to an admission. Ibid.
Evidence at the trial which resulted in the conviction cannot be considered. U. S. ex rel. Mylrus v. Uhl, C. C. A., 210 Fed. 860. Nor evidence that he is depraved. Ibid.
"Polygamists, or persons who practice polygamy or believe in or advocate 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 forms of law, or who disbelieve in or are opposed to organized government or who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocate or teach the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who advocate or teach the unlawful destruction of property; U. S. ex rel. Turner v. Williams, 194 U. S. 279, 24 Sup. Ct. 719, 48 L. ed. 979;
Ex parte Callow, 240 Fed. 212; U. S. ex rel. Rakico v. Uhl, C. C. A., 266 Fed. 646; prostitutes, or persons coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who directly or indirectly procure or attempt to procure or import prostitutes or persons for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons hereinafter called contract laborers, who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises of employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; persons who have come in consequence of advertisements for laborers printed, published, or distributed in a foreign country; persons likely to become a public charge.”
“This clause excluding aliens on the ground likely to become a public charge has been shifted from its position in section 2 of the immigration act of 1907 to its present position in section 3 of this act in order to indicate the intention of Congress that aliens shall be excluded upon said ground for economic as well as other reasons and with a view to overcoming the decision of the Supreme Court in Gegiow v. Uhl, 239 U. S. 3 (Senate Rept. 352, 64th Cong., 1st sess.). See Rule 17 regarding landing under bond.”
See U. S. ex rel. Pazos v. Redfern, 180 Fed. 500; Greenwood v. Frick, C. C. A., 233 Fed. 629; U. S. ex rel. Cavanaugh v. Howe, 235 Fed. 990; Ex parte Callow, 240 Fed. 212; U. S. ex rel. Goldberg v. Wil liams, 204 Fed. 828.
An alien cannot be excluded solely because of the labor conditions in the place to which he is going. Gegiow v. Uhl, 239 U. S. 3.
The offer of a bond conditioned that the alien shall not become a public charge does not justify the court in setting aside such a decision. U. S. ex rel. Kutas v. Williams, 204 Fed. 847.
“Persons who have been deported under any of the provisions of this act, and who may again seek ad. mission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be admitted from foreign contiguous territory the Secretary of Labor shall have consented to their re. applying for admission; persons whose tickets or passage is paid for with the money of another, or who are assisted by others to come, un less it is affirmatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes; persons whose ticket or passage is paid for by any corporation, association, society, municipality, or foreign Government, either directly or indirectly; stowaways, except that any such stowaway, if otherwise admissible, may be admitted in the discretion of the Secretary of Labor; all children under sixteen years of age, un
any such children may, in the discretion of the Secretary of Labor, be admitted if in his opinion they are not likely to become a public charge and are otherwise eligible; unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the continent of Asia, situate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of longitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province, or dependency situate on the continent of Asia west of the one hundred and tenth meridian of longitude east from Greenwich and east of the fiftieth meridian of longitude east from Greenwich and south of the fiftieth parallel of latitude north, except that portion of said territory situate between the fiftieth and the sixty-fourth meridians of longitude east from Greenwich and that twentyfourth and thirty-eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering the United States shall be admitted to the United States. The provision next foregoing, however, shall not apply to persons of the following status or occupations: Government officers, ministers, or religious teachers, missionaries, lawyers, physicians, chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleas. ure, nor to their legal wives or their children under sixteen years of age
or both of their parents, except that
subsequently may apply for admission to the United States, but such persons or their legal wives or foreign born children who fail to maintain in the United States a status or occupation placing them within the excepted classes shall be deemed to be in the United States contrary to law, and shall be subject to deportation as provided in section nineteen of this Act.
"That after three months from the passage of this Act, in addition to the aliens who are by law now excluded from admission into the United States, the following persons shall also be excluded from admission thereto, to-wit:
"All aliens over sixteen years of age, physically capable of reading, who can not read the English lan guage or some other language or dialect, including Hebrew or Yiddish: Provided, That any admissible alien or any alien heretofore or hereafter legally admitted, or any citizen of the United States, may bring in or send for his father or grandfather over fifty-five years of age, his wife, his mother, his grandmother, or his unmarried or widowed daughter, if otherwise ad. missible, whether such relative can read or not; and such relative shall be permitted to enter. That for the purpose of ascertaining whether aliens can read the immigrant inspectors shall be furnished with slips of uniform size, prepared under the direction of the Secretary of Labor, each containing not less than thirty words in ordinary use, print. ed in plainly legible type in some one of the various languages or dia lects of immigrants. Each alien may designate the particular lan
guage or dialect in which he desires the examination to be made, and shall be required to read the words printed on the slip in such language or dialect. That the following classes of persons shall be exempt from the operation of the illiteracy test, to-wit: All aliens who shall prove to the satisfaction of the proper immigration officer or to the Secretary of Labor that they are seeking admission to the United States to avoid religious persecution in the country of their last permanent residence, whether such persecution be evidenced by overt acts or by laws or governmental regulations that discriminate against the alien or the race to which he belongs because of his religious faith; all aliens who have been lawfully admitted to the United States and who have resided therein continuously for five years and who return to the United States within six months from the date of their departure therefrom; all aliens in transit through the United States; all aliens who have been lawfully admitted to the United States and who later shall go intransit from one part of the United States to another through foreign contiguous territory: Provided, That nothing in this act shall exclude, if otherwise admissible, persons convicted, or who admit the commission, or who teach or advocate the commission, of an offense purely political: Provided further, That the provisions of this act, relating to the pay. nients for tickets or passage by any corporation, association, soéiety, 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: Provided further, That skilled labor, if otherwise admissible, may be imported if labor of like kind unemployed can not be found in this country, and the ques. tion of the necessity of importing such skilled labor in any particular instance may be determined by the Secretary of Labor upon the application of any person interested, such application to be made before such importation, and such determination by the Secretary of Labor to be reached after a full hearing and an investigation into the facts of the case: Provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed as domestic servants."'
See Zakonaite v. Wolf, 226 U. S. 272. For the sufficiency of a return that the petitioner was held under a decree of deportation as an alien prostitute, see Stretton v. Rudy, C. C. A., 176 Fed. 727.
“Provided further, That whenever the President shall be satisfied that passports issued by any foreign Gov. ernment to its citizens or subjects 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 holder to come to the continental territory of the United States to the detri
ment of labor conditions therein, the President shall refuse to permit such citizens or subjects of the country issuing such passports to enter the continental territory of the United States from such other country or from such insular possession or from the Canal Zone: Provided further, That aliens returning after a temporary absence to an unrelinquished United States domicile of seven consecutive years may be admitted in the discretion of the Secretary of Labor, and under such conditions as he may prescribe: Provided fur. ther, That nothing in the contractlabor or reading-test provisions of this act shall be construed to prevent, hinder, or restrict any alien exhibitor, or holder of concession or privilege for any fair or exposi. tion authorized by act of Congress, from bringing into the United States, under contract, such otherwise admissible alien mechanics, artisans, agents, or other employees, natives of his country as may be necessary for installing or conducting his exhibit or for preparing for installing or conducting any business authorized or permitted under any concession or privilege which may have been or may be granted by any such fair or exposition in connection therewith, under such rules and regulations as the Commissioner General of Immigration, with the approval of the Secretary of Labor, may prescribe both, as to the admission and return of such persons. Provided further, That the Commissioner General of Immigration with the approval of the Secretary of Labor shall issue rules and prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of otherwise inadmissible aliens applying for temporary admission: Provided further, That nothing in this act shall be construed to apply to accredited of ficials of foreign Governments, nor to their suites, families, or guests."
held to be constitutional.2 Such act deprived the court of the power to determine by the writ of habeas corpus, whether the Chinese immigrants belonged to one of the excluded classes.3 It was held by a divided court that the courts had then no power to determine, by the writ of habeas corpus, whether the Chinese excluded from admission was a citizen of the United States, and that the decision of administrative authorities upon the subject, when affirmed upon an appeal to the Secretary, was conclusive.
The immigrant has a right to lave his appeal decided by the
2 U. S. v. Ju Toy, 198 U. S. 253, 49. L. ed. 1040; criticised Harv. L. Rev. xix, 61; Fok Yung Yo v. U. S., 185 U. S. 296, 46 L. ed. 917; Cf. Lee Gon Yung v. U. S., 185 U. S. 306, 46 L. ed. 921; Lee Lung v. Patterson, 186 U. S. 168, 46 L. ed. 1108; Zakonaite v. Wolf, 226 U. S. 272, 57 L. ed. 218; $ 12 of the Act of Sept. 13, 1888, 25 St. at L. 476, provided: "The collector shall in person decide all questions in dispute with regard to the right of any Chinese passenger to enter the United States, and his decision shall be subject to review by the Secretary of the Treasury, and not otherwise." This, if it ever became effective, seems to be no longer in force. See Act of April 27, 1904, ch. 1630, 85, 33 St. at L. 428, Comp. St. $ 4337, note, and note to § 4306. The re.
moval of Chinamen, who are not • within the classes subsequently de
scribed as subject to deportation by the order of the Secretary of Labor is after arrest upon a warrant issued by a United States Judge or Commissioner under a judgment subject to an appeal to a District Court of the United States. Act of Sept. 13, 1888, 25 St. at L. 476, $ 13, Comp. St. $ 4313. Act of April 27, 1904, ch. 1630, $5, 33 St. at. L. 428, Comp. St. $ 4337. The practice thereunder and upon such appeal is described infra § 694.
3U. S. v. Ju Toy, 198 U. S. 253, 49 L. ed. 1040; U. S. v. Wong Chow, C. C. A., 108 Fed. 376. Cf. Li Sing v. U. S., 180 U. S. 486, 45 L. ed. 634; Lem Moon Sing y. U. S., 158 U. S. 538, 39 L. ed. 1082; Re Way Tai, 96 Fed. 484; Re Ota, 96 Fed. 487; Re Lea, 126 Fed. 234; U. S. ex rel. Turner v. Williams, 126 Fed. 253; U. S. v. Sing Tuck, 194 U. S. 161, 48 L. ed. 917. For the former rule see Ekiu v. U. S., 142 U. S. 651, 35 L. ed. 1146; Fong Yue Ting v. U. S., 149 U. S. 698, 37 L. ed. 905.
4U. S. v. Ju Toy, 198 U. S. 253, 49 L. ed. 1040; criticised Harv. L. Rev., XIX, 61; Wong Sang v. U. S., C. C. A., 144 Fed. 968; affirming 143 Fed. 147.