CORNELL UNIVERSITY LIBRARY THE CHARLES WILLIAM WASON COLLECTION ON CHINA AND THE CHINESE DEPARTMENT OF LABOR BUREAU OF IMMIGRATION * ' TREATY, LAWS, AND RULES GOVERNING THE ADMISSION OF CHINESE RULES APPROVED JANUARY 24, 1914 WASHINGTON GOVERNMENT PRINTING OFFICE 1914 (TV TREATY CONCERNING THE IMMIGRATION OF CHINESE. TREATY BETWEEN THE UNITED STATES AND CHINA, CONCERNING IMMIGRATION.! (22 Stat., 826.) By the President of the United States of America, vemffir^isso- A PROCLAMATION. Whereas a Treaty between the United States of America and China, for the modification of the existing treaties between the two countries, by providing for the future regulation of Chinese immigration into the United States, was concluded and signed at Peking in the English and . Chinese languages, on the serenteenth day of November in the year of our Lord one thousand eight hundred and eighty, the original of the English text of which Treaty is word for word as follows: Whereas, in the eighth year of Hsien Feng, Anno Preamble of; Domini 1858, a treaty of peace and friendship was con- cluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed: — and Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the em- barrassments consequent upon such immigration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit : — Now, therefore, the President of the United States of p^^j^^^^Xry America has appointed James B. Angell, of Michigan, "^s°*'^*'°s- 'Concluded November 17, 1880; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications ex- changed July 19, 1881; proclaimed October 5, 1881. 3 4 TBEATY OF 1880. Commissioners' John F Swift, of California, and William Henry Tres- Plenipotentiary" ' , i. ,. i ■ \~i • • t>i • , negotiating. cot, of South Caroluia as his Commissioners rlempoten- tiaryj and His Imperial Majesty, the Emperor of China, has appointed Pao Chiin, a member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipo- tentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following arti- cles in modification. Article I. Chinese la- Whenever in the opinion of the Government of the borers, limita^ ^^ . p ,~ii . i i tion and auspen- United States the commg or Chinese laborers to the sion of immigra- , . . , , . „ tion of. United States, or their residence therem, aflfects or threatens to affect the interests of that country, or to en- danger the good order of the said country or of any local- ity within the territory thereof, the Government of China agrees that the Government of the United States may regulate, hmit, or suspend such coining or residence, but may not absolutely prohibit it.' The Umitation or sus- pension shall be reasonable, and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Leg- islation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regu- lation, limitation, or suspension of immigration, and im- migrants shall not be subject to personal maltreatment or abuse. Article II. jec'te^Tn 'the Chinese subjects, whether proceeding to the United bnited states- States as teachers, students, merchants, or from curiosity, » together with their body and household servants, and Frivitegl^^SiV'^ Chinese laborers who are now m the United States shall be allowed to go and come of their own free will and ac- cord, and shall be accorded all the rights, privileges, im- munities, and exemptions which are accorded to the citi- zens and subjects of the most favored nation. ' Affected by various provisions of law prohibiting the admission of Chinese laborers to the United States. TREATY OP 1880. Article III. If Chinese laborers, or Chinese of any other class, ,5^^'°^ ^?^j now either permanently or temporarily residing in theJJgatmenf'Tn'd territory of the United States, meet with illtreatment atP"^"*^^^'"- the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. Article IV. The high contracting powers having agreed upon thejjo^'^"™ legisia.- foregoing articles, whenever the Government of the United States shall adopt legislative measures in accord- ance therewith, such measures will be communicated to ^j^^^^^^, ^^°J the Government of China. If the measures as enacted '"'^'' "'■ are found to work hardship upon the subjects of China, the Chinese minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him; and the Chinese Foreign Ofl&ce may also bring the matter to the notice of the United States minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result. In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be ex- changed at Peking within one year from date of its execution. Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsil, sixth year, tenth moon, fifteenth day. James B. AnGELL. [seal.] signatures. John F. Swift. [seal.] Wm. Henry Trescot. [seal.] Pao Chun. [seal.] Li Hungtsao. [seal.] And whereas the said Treaty has been duly ratified on both parts and the respective ratifications were ex- changed at Peking on the 19th day of July 1881: Now, therefore, be it known that I, Chester A. Arthur, President of the United States of America have caused Proclamation. TREATY OP 1880. the said Treaty to be made public to the end that the same and every article and clause thereof may be ob- served and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in Washington this fifth day of October in the year of our Lord one thousand eight hundred and eighty- one, and of the Independence of the United States the one hundred and sixth. [seal.] CHESTER A. ARTHUR. By the President: James G. Blaine, Secretary of State. LAWS RELATING TO THE ADMISSION OF CHINESE. Preamble. ACT OF MAY 6, 1882, AS AMENDED AND ADDED TO BY ACT OF JULY 5, 1884.' (22 Stat., p. 58; 23 Stat., p. 115.) AN ACT To amend an act entitled: "An act to execute certain treaty stipulations relating to Chinese, approved May sixth, eighteen hundred and eighty-two. " Be it enacted iy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That section one of the act entitled "An act to exe- cute certain treaty stipulations relating to Chinese, " ap- proved May sixth, eighteen hundred and eighty-two, is. hereby amended so as to read as follows : "Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this coun- try endangers the good order of certain localities within the territory thereof; Therefore "Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- iled, That from and after the passage of this act, and „^^t^^^^oTsS'- untn the expiration of ten years next after the passage of Plare®*^ '^ *™ this act, the coming of Chinese laborers to the United States be, and the same is hereby suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States. " Section two of said act is hereby amended so as to read as follows: "Sec. 2. That the master of any vessel who shall know- ingly bring within the United States on such vessel, and ' The act of May 6, 1882, as amended and added to by the act of July 5, 1884, was continued in force for an additional period of ten years from May 5, 1892, by the act of May 5, 1892 (27 Stat., p. 25); and was, with all laws on this subject in force on April 29, 1902, reenacted, extended, and continued without modification, limi- tation, or condition by the act of April 29, 1902 (32 Stat., p. 176), as amended by the act of April 27, 1904 (33 Stat., p. 428). 7 8 ACT OF 1882-1884. land, or attempt to land, or permit to be landed any Chi- nese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on conviction bimySa^rrf thereof, shall be punished by a fine of not more than five vessel tor bring- jjy^jjpgjj dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year. " Section three of said act is hereby amended so as to read as follows: to^orof'^idm" "Sec. 3. That the two foregoing sections shall not ap- laborers; pjy ^q Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sec- tions apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall pro- duce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this -exception inggction mentioned: nor shall the two foregoing sections Javor of vessel in ' t -l • -l ^ distress. apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided: That all Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port."* * * * » *■ Persons other "Sec. 6. That in Order to the faithful execution of the than laborers— . . - , . ,~n . i ii permission to im- provisious of this act, evcrv Chinese person, other than a migrate and iden- f^ i . i i n • , tiflcation by Chi- laborer, who may be entitled by said treaty or this act to I16S6 or otiior for~ / */ •/ »/ e i gn govern- come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Govern- ment, or of such other foreign government of which at —how identified the time such Chiuese person shall be a subject, in each tifloate. case to be evidenced by a certificate issued by such Gov- ernment, which certificate shall be in the English lan- ' Sections 4 and 5 have been superseded by the act of September 13, 1888, and are therefore omitted. If needed for reference in historical way or in connection with proBecutions, see earlier editions of this pamphlet, or 23 Stat., 115. ACT OF 1882-1884. 9 guage, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of residence of the person -to whom the certificate is issued, and that such person is entitled by this act to come within the United States.' "If the person so applying for a certificate shall be a ^j^„''^°*'»°^-»f^ merchant, said certificate shall, in addition to above '=""^''*'*^ "'i requirements, state the nature, character, and estimated value of the business carried on by him prior to and at the time of his application as aforesaid: Provided, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word ' merchant,' _^j^„^j^^„j hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for home con- sumption or exportation.^ "If the certificate be sought for the purpose of travel ' *i'<''''' of one thousand dollars, or debts of like amount due him and pending settlement.^ The marriage to such wife must have taken place at^^'™',. "' ™"' least a year prior to the apphcation of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the par- ties as man and wife. ' At the time of the passage of this act a proposed treaty with China was under negotiation. As the Chinese Government failed to ratify the treaty, some question arose as to whether this act took effect. Ad- ministrative oflScers held, however, that sees. 5 to 14, excepting sec. 12, did not depend upon the ratification of the treaty, but became operative upon the approval of the act. To remove all possibility of doubt, said sections were reenacted by the acts of 1902 and 1904. ^ See Rule 13 and footnotes thereto. 14 ACT OF 1888. -protSy a n a ^^ *^® right to return be claimed on the ground of prop- of m!st "be^ona ^^^Y '^^ ^^ debts, it must appear that the property is bona °''*' fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and imsettled, nSi°S'insufl?*^d ^ot promissory notes or other similar acknowledg- cient; meuts of ascertained habihty. -identification Sec. 7. That a Chinese person claiming the right to be permitted to leave the United States and return thereto on any of the grounds stated in the foregoing section, shall apply to the Chinese inspector in charge of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said inspector a full statement descriptive of his fam- ily, or property, or debts, as the case may be, and shall furnish to said inspector such proofs of the facts entitling i^'^IS'pf JsCTiS ^i™ to return as shall be required by the rules and regula- i.lter"""'' "' tions prescribed from time to time by the Secretary of Labor,' and for any false swearing in relation thereto he shall incur the penalties of perjury. He shall also permit the Chinese inspector in charge to take a full description of his person, which description the inspector shall retain and mark with a number. caKr- "''''*" ^'^ if tbe said inspector, after hearing the proofs and investigating all the circumstances of the case, shall de- cide to issue a certificate of return, he shall at such time and place as he may designate, sign and give to the person applying a certificate containing the nimiber of the de- e;1dUi'ceo^{ri^?s^"Pti"'i '*st aforesaid, which shall be the sole evidence shaii'^StetrlSs^.gi^en to such pcrsou of his right to return.^ ferred; If thig last-named certificate be transferred, it shall be- come void, and the person to whom it was given shall for- feit his right to return to the United States. The right to return under the said certificate shall be ^J^Si^ionS'f'in limited to one year; but it may be extended for an addi- case of sickness; tional period, not to exceed a year, in cases where, by rea- son of sickness or other cause of disabiUty beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and inves- tigated by the consular representative of the United States at the port or place from which such laborer departs for ' By the act of February 14, 1903 (32 Stat., p. 828), the authority and power with respect to the enforcement of the exclusion laws thereto- fore vested in the Secretary of the Treasury were transferred to the Secretary of Commerce and Labor and by the act of March 4 1913 to the Secretaiy of Labor; hence this change and other similar changes in the wording of this reproduction of the several acts. ' For procedure, see Rule 13, ACT OF 1888. 15 the United States, and certified by such representative of Return certm- O fl ff A ^^ 6x1i6nfiiOIl the United States to the satisfaction of the Chinese in- of in case of siok- . . 1 ■, , 1 /~ii • ness— by U. S. specter m charge at the port where such Chinese person consular officer; shall seek to land in the United States, such certificate to be delivered by said representative to the master of the vessel on which he departs for the United States.' And no Chinese laborer shall be permitted to re-enter ^'jfadP^gliono® the United States without producing to the proper officer J^J^^'^gi* if °/g^ in charge at the port of such entry the return certificate p*'''®'^- herein required.^ A Chinese laborer possessing a certifi- cate under this section shall be admitted to the United States only at the port from which he departed therefrom, and no Chinese person, except Chinese diplomatic or con- sular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Fran- po"^"'™*'?. cisco, Portland, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of Labor. Sec. 8. That the Secretary of Labor shall be, and he g^^^^f^U.^'* j""!: hereby is, authorized and empowered to make and pre-^''*"^'^^'"^'^^' scribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein men-- tioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said articles. And he is hereby further authorized and empowered to rartiloa^'™ "' prescribe the form and substance of certificates to be issued to Chinese laborers under and in pursuance of the provisions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issuing the same, and he may require the deposit, as a part of ^^"togrl^hsf "' such record, of the photograph of the party to whom any such certificate shall be issued. Sec. 9. That the master of any vessel who shall know- TioSn'^lif '^t ingly bring within the United States on such vessel, and s^iJ- ^"' °"'^'" land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention 'See Rule 14. " If laborer departs and returns without such certificate, he is sub- ject to deportation, 120 Fed., 989; 21 Op. Atty. Gen., 424; 23 Op. Atty. Gen., 619, IB ACT OF 1888. TioiS?*Sf'^of the provisions of this act, shall be deemed guilty of a b^^terof vee- jjjiademeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion of the court.' -exception « Sec. 10. That the foregoing section shall not apply to vessel in distress o o , . or touching at the case of any m.aster whose vessel shall come within the jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voyage to any foreign port or place. But Chinese laborers or persons on such vessel shall not be permitted to land, except in case of necessity, and must depart with the vessel on leaving port. —for forgery of Sec. 11. That any person who shall knowingly and certificate. , i i i , . ^ r ^i ■j.j. falsely alter or substitute any name tor tne name written in any certificate herein required, or forge such certifi- cate, or knowingly utter any forged or fraudulent cer- tificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars and imprisoned in a penitentiary for a term of not more than five years. ***** Arrest and de- Seo. 13.^ That any Chinese person, or person of Chinese pOTtation o - jjggggjj^^^ found Unlawfully in the United States, or its Territories, may be arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner ' of any United States court, returnable before any justice, judge, or commissioner of a United States court, or be- fore any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in the United States, such person ' See secB. 10 and 11, act of 1882-1884 and footnotes. ' The validity of this section is discussed in 47 Fed., 431, 433, 878; 50 Fed., 271; 55 Fed., 58. 3 Commissioners may decide questions of citizenship, 186 U. S., 193, 200; but a certificate issued by them is not of itself evidence of adjudi- cation, 193 U. S., 65, 78; 119 Fed., 786; 161 Fed., 211; 174 Fed., 70; 21 Op. Atty. Gen., 581. A claim of citizenship resjvdicata based upon a commissioner's decision must be proved by introducing in evidence the complete original record or a certified complete copy thereof. (Id.) ACT OF 1888. 17 shall be removed from the United States to the country -i"?'' a°.i- . ,i nese. dcsccnt arrested under the provisions or this act or the acts hereby extended shall be adjudged to be imlawfully within the United States unless such person shall estab- Ush, by affirmative proof ' to the satisfaction of such jus- tice, judge, or commissioner, his lawful right to remain in the United States.* Imprisonment Sec. 4. That any such Chinese person or person of Chi- of convicted Chi- V , , i ■ i i -i ij.ii nese. nese descent convicted and adjudged to be not lawfully entitled to be or remain in the United States shall be im- iThe act of October 1, 1888 (25 Stat., p. 504), was repealed by the Treaty of 1894, 21 Op. Atty. Gen., 68; hence its omission from this pamphlet. ^ Burden on Chinese to show he is entitled to be deported elsewhere than China, 125 Fed., 627. See also 47 Fed., 305; 116 Fed., 612; 20 Op.Atty. Gen., 171. 3 Burden of proof on arrested Chinese, 149 U. S., 698; 180 U. S.,486; 186 U. S., 193, 200; 193 U. S., 65, 76 and 517; 54 Fed., 334; 57 Fed., 206; 86 Fed., 896; 105 Fed., 188; 111 Fed., 899; 113 Fed., 898; 118 Fed., 442; 125 Fed., 627; 133 Fed., 45; 145 Fed., 791; 146 Fed., 343, 146 Fed., 670; 156 Fed., 247; 161 Fed., 211; 185 Fed., 838; also on those applying for admission, 125 Fed., 641; 185 Fed., 838. * For procedure of arrest and deportation see Bule 23. ACT OF 1892. 19 prisoned at hard labor for a period of not exceeding one year and thereafter removed from the United States, as hereinbefore provided.' Sec. 5. That after the passage of this act, on an s^W^^- o^^^nf ^^hl cation to any judge or court of the United States in the ^^^'^^ promptly- first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to whom that privilege has been denied, no bail shall be allowed, and -*'*'' ™t allowed 1 T • 1 n 1 under. such application shall be heard and determined promptly without unnecessary delay .^ Sec. 6. = And it shall be the duty of all Chinese laborers triSon ""y^^t within the limits of the United States at tjie time of the'i"'"''' passage of this act, and who are entitled to remain in the United States, to apply to the collector of internal rev- enue of their respective districts, within one year after the passage of this act, for a certificate of residence, and any Chinese laborer within the limits of the United States who shall neglect, fail, or refuse to comply with the provisions of this act, or who, after one year from the passage hereof, shall be found within the jurisdiction of the United States without such certificate of residence, —penalty for fail- shall be deemed and adjudged to be unlawfully within '^^p""^**''"'' the United States, and may be arrested by any United States customs official, collector of internal revenue, or his deputies. United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as hereinbefore provided, unless he shall establish clearly -excuses tor laii- to the satisfaction of said judge that by reason of acci- dent, sickness or other unavoidable cause, he has been unable to procure his certificate, and to the satisfaction of the court, and by at least one credible white witness, that he was a resident of the United States at the time of the passage of this act; and if upon the hearing it shall jj^||'g<|;^°'=^jjj'j^''- appear that he is so entitled to a certificate, it shall be°'' granted upon his paying the cost. Should it appear that said Chinaman had procured a~'j^=^°^t™,<|,|'/^: certificate which has been lost or destroyed, he shall be^"^**™"^"- ' This provision is void; see 163 U. S., 228. " Since the passage of the act of 1894 (28 Stat., pp. 372, 390, reenacted in sec. 25 of Immigration Act), the decision of administrative officers, after proper hearing, is final; 189 U. S., 86; 198 U. S., 253; 208 U. S., 8; 223 U. S., 673; 168 Fed., 479. Bail not permitted in case of appeal from decision on writ, 65 Fed., 788. ^ Amended by act of November 3, 1893; see next page. 20 ACT or 1892. detained and judgment suspended a reasonable time to enable ^im to procure a duplicate from the officer grant- ing it, and in such cases the cost of said arrest and trial shall be in the discretion of the court. ^^reons^MUa- ^^j j^jjy. djiaese person, other than a Chinese laborer, "™°'- having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge.* trat?on'*^f'*re^ Sec. 6. [as amended by section 1 of the act of Novem- auired. Y)eT 3, 1893]. And it shall be the duty of all Chinese laborers within the limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts within six months after the passage of this act for a cer- tificate of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, or re- fuse to comply with the provisions of this act and the act to which this is an amendment, or who, after the expira- tion of said six months, shall be found within the juris- Penaity for fail- diction of the United States without such certificate of ure — residence, shall be deemed and adjudged to be unlawfully po^Sn^'' "^^ within the United States, and may be arrested by any United States customs official, collector of internal rev- enue or his deputies. United States marshal or his depu- ties, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this for fan- js an amendment, unless he shall estabUsh clearly to the satisfaction of said judge that by reason of accident, sick- ness, or other imavoidable cause he has been unable to procure his certificate, and to the satisfaction of said United States judge, and by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety- two; and if, upon the hearing, it shall appear that he is Residence cer-so entitled to a certificate, it shall be granted upon his tiflcate, granting; •.■,,■, paying the cost.- — loss of and pro- Should it appear that said Chinaman had procured a flcateiniiea. certificate which has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a dupUcate from the officer grant- ' These r^istiation provisions are constitutional, 149 U. S., 698. R^istration under either act is sufficient, 110 Fed., 154. *See 70 Fed., 318, and 152 Fed., 157; also Rule 20. — excuses ure. ACT OF 1892. 21 ing it/ and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese jjj^*j^5™J^,j°^^^«g'' person, other than a Chinese laborer, having a right to be registration of; and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge; and that no proceedings for a vio-^g^^^'e/^^t lation of the provisions of said section six of said act of '■ subject to deportation for failure or refusal to comply with the act to which this is an amendment shall be de- ported from the United States as in said act and in this act provided, upon any appropriate proceedings now pending or which may be hereafter instituted. Sec. 7. That immediately after the passage of this act gecrefa^y^ofTe the Secretary of the Treasury shall make such rules ^^^1"'' *° '^"^' and regulations as may be necessary for the efficient execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable col-— a^' so blank / ^ forms. lectors of internal revenue to issue the certificates re- quired hereby, and make such provisions that certificates may be procured in localities convenient to the appli- cants. Such certificates shall be issued without charge^ to the ceruflcates of applicant, and shall contain the name, age, local residence tents; and occupation of the applicant, and such other descrip- tion of the applicant as shall be prescribed by the Secretary of the Treasury, and a duplicate thereof —duplicates of; shall be filed in the office of the collector of internal revenue for the district within which such Chinaman makes application. Sec. 8. That any person who shall knowingly and -forgery of. falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely per- sonate any person named in such certificate, shall be ■ See Rule 21. ' It waa provided by joint resolution of December 7, 1893 (28 Stat., p. 575) that no fee or other compensation should be charged in connec- tion with the registration. 22 ACTS OF 1892 AND 1893. guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars or imprisoned in the penitentiary for a term of not more than five years. *p !fj 3p *P ^ Approved, May 5, 1892. fined defined. ACT OF NOVEMBER 3, 1893. (28 Stat., p. 7.) AN ACT To amend an act entitled "An act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety- two. [Section 1 reenacted, with amendments, section 6 of the act of May 5, 1892, and the amended section is printed with the act of May 5, 1892, ante.] Laborer" de- Sec. 2. The words "laborer" or "laborers," wherever used in this act, or in the act to which this is an amend- ment, shall be construed to mean both skilled and un- skilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in taking, drying, or otherwise preservii^ shell or other fish for home consumption or exportation.' ^Merchant" The term "merchant," as employed herein and in the acts of which this is amendatory, shall have the follow- ing meaning and none other : A merchant is a person en- gaged in buying and selling merchandise, at a fixed place of business, which business is conducted in his name,^ and who during the time he claims to be engaged as a mer- chant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant. Domicaedmer- Where an application is made by a Chinaman for en- — evidence to es- trancc into the United States on the ground that he was tabllsh former i ■ xi • j i i i n status of. formerly engaged m tnis country as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such business as hereinbefore defined for at least one year before his de- parture from the United States, and that during such 1 £a6o!-a-«.— Who are: 21 Fed., 785; 57 Fed., 591; 59 Fed., 561; 66 Fed., 953 and 955; 83 Fed., 143; 86 Fed., 303; 87 Fed., 312; 93 Fed., 797; 97 Fed., 576; 100 Fed., 609; 105 Fed., 188; 116 Fed., 614; 137 Fed., 875; 184 Fed., 685; 1 Dist. Ct. Hawaii, 104. Who aie not: 76 Fed., 450; 94 Fed., 831; 145 Fed., 801. 2 Name need not appear in firm name, but must appear in books and partnership articles: 62 Fed., 914; 94 Fed., 831. See also 193 U. S., 517, 521. ACTS or 1893, 1898, AND 1900. 23 year he was not engaged in the performance of any manual labor, except such as was necessary in the con- duct of his business as such merchant, and in default of such proof shall be refused landing.^ Such order of deportation shall be executed by the Deportation— ^ .... . execution of order United States marshal of the district within which such"'; order is made,' and he shall execute the same with all con- venient dispatch; and pending the execution of such order —bail not allowed such Chinese person shall remain in the custody of the United States marshal, and shall not be admitted to bail. The certificate herein provided for shall contain the certificate of ^ residence to con- photograph of the applicant, together with his name local ^f^\_ photo- residence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the office of the United States collector of internal revenue of the district in which such Chinaman makes application. Such photographs in duplicate shall be furnished by ^m^shed^'la'du! each applicant in such form as may be prescribed by the p''"^'^- Secretary of the Treasury. Approved, November 3, 1893.^ JOINT RESOLTTTION OF JULY 7, 1898. (30 Stat., p. 751.) * * * There shall be no further immigration of, Hawaiian is- " lands — Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the^t^f^'unfte*^ laws of the United States; and no Chinese, by reason of ®'**^^'''''™- anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. ACT OF APRIL 30, 1900. (31 Stat., pp. 141-161.) AN ACT To provide a government for the Territory of Hawaii. Sec. 4. That all persons who were citizens of the Re- — oitizensiiip in; public of Hawaii on August twelfth, eighteen hundred ' Domiciled merchants. — For who are not, see footnote 1, page 22. For procedure concerning, see Rule 15. Do not need "Sec. 6" cer- tificate: 144 U. S., 47. Absence for six years does not change status, interest in store in United States having continued: 52 Fed., 203. For admission of wives and children of,, see Rule 9. " Amended by Sundry Civil Appropriation Act .of June 23, 1913, p. 32, post. ' The Treaty of December 8, 1894 (28 SUt., p. 1210), was denounced by China in 1904 and expired under such denunciation in December of that year; hence its omissionite.,. 24 ACTS OF 1900 AND 1901. ^Htajraiian la- j^^ ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. * H: * * * -j^irtr»tion of Sec. 101. That Chinese in the Hawaiian Islands when ChiOMe in; , , this act takes effect may within one year thereafter obtain certificates of residence as required by "An Act to pro- hibit the coming of Chinese persons into the United States," approved May fifth, eighteien hundred and ninety-two, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the com- ing of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be imlawfully in the United States if found therein without -no Chinese la- such Certificates : Provided, however, That no Chinese borer to enter nd from, laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands. ***** Approved, April 30, 1900. ACT OF rmSTE 6, 1900. (31 Stat., pp. 588-611.) AN ACT Making appropriations for sundry civU expenses of the Crov- emment for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. * * * and hereafter the Commissioner General of G^r»i of immi- Immigration, in addition to his other duties, shall have ^r'°cwn^°ex- charge of the administration of the Chinese exclusion law elusion aws. ^^^ ^j ^j^^ various acts regulating immigration into the United States, its Territories, and the District of Colum- bia, under the supervision and direction of the Secretary of Labor. ***** Approved, June 6, 1900. ACT OF MABCH 3, 1901. (31 Stat., p. 1093.) AN ACT Supplementary to an act entitled "An Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, and fixing the compensa- tion of commissioners in such cases. Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assembled, That it shall be lawful for the district attorney of ACTS OF 1901, AND 1902-1904. 25 the district in which any Chinese person may be arrested ^^'^"'J^'^g^j**^ for being found unlawfully within the United States, or^fSJj ^^5™- having unlawfully entered the United States, to desig-^*gj{^g^,^g''j'™™ nate the United States commissioner within such district before whom such Chinese person shall be taken for a hearing. Sec. 2. That a United States commissioner shall be en- titled to receive a fee of five dollars for hearing and de- united states . . .. . i-i commi ssloners' cidmg a case ansmg under the Chinese-exclusion laws. '»es. Sec. 3. That no warrant of arrest for violations of the Chinese-exclusion laws shall be issued by the United States port"oon— ** ^^ commissioners excepting upon the sworn complaint of a|^ai^^''^y'"'be United States district attorney, assistant United States '"*'**• district attorney, collector, deputy collector, or inspector of customs, immigration inspector. United States mar- shal, or deputy United States marshal, or Chinese in- spector, unless the issuing of such warrant of arrest shall first be approved or requested in writing by the United States district attorney of the district in which issued. Sec. 4. That this act shall take effect immediately. Approved, March 3, 1901. ACT OF APRIL 29, 1902, AS AMENDED AND BEEN ACTED BY SECTION 5 OF THE DEFICIENCY ACT OF APBIL 27, 1904.1 (32 Stat., part 1, p. 176; 33 Stat., pp. 394^28.) AN ACT To prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent. Section 1 . All laws in force on the twenty-ninth day of April, nineteen himdred and two, regulating, sus- ^J^J^™[jJJ,^^ pending, or prohibiting the coming of Chinese persons *'""■ or persons of Chinese descent into the United States, and the residence of such persons therein, including sections five, six, seven, eight, nine, ten, eleven, thir- teen, and fourteen of the Act entitled "An Act to pro- hibit the coming of Chinese laborers into the United States," approved September thirteenth, eighteen hun- jg^ot^^s^^tj^ia, dred and eighty-eight, be, and the same are hereby, reenacted, extended, and continued, without modifica- ' For explanation of effect of these acts, see 142 Fed., 128. 26 ACT OF 1902-1904. tion, limitation, or condition; and said laws shall also apply to the island territory under the jurisdiction of the United States, and prohibit the immigration of Chinese siS"ws''alMy^*^°''®^' ^ot citizens of the United States, from such to Chinese In; jgland territory to the mainland territory of the United States, whether in such island territory at the time of cession or not, and from one portion of the island terri- •tory of the United States to another portion of said -transit pennit- jgjg^jjjj territory:' Provided, however, That said laws shall not apply to the transit of Chinese laborers from one island to another island of the same group; and any islands within the jurisdiction of any State or the district of Alaska shall be considered a part of the mainland under this section. Kecro.ao-''oV"™: Sec. 2. That the Secretary of Labor ^- is hereby au- iior lo prcs(riin;|-jjQj.j2ed and empowered to make and prescribe, and from time to time to change, such rules and regulations not inconsistent with the laws of the land as he may deem necessary and proper to execute the provisions r4!?^.""'''''°'"'of this Act and of the Acts hereby extended and con- tinued and of the treaty of December eighth, eighteen hundred and ninety-four, between the United States and China, and with the approval of the President to appoint such agents as he may deem necessary for the efl&cient execution of said treaty and said Acts, ad^^i'ssion^of Skc. 3. That nothing in the provisions of this Act or aliens to take part ^jjy other Act shall be construed to prevent, hinder, or restrict any foreign exhibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of any foreign nation, of any concession or privilege from any fair or exposition authorized by Act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, natives of their respective foreign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits or of preparing for installing or conducting any business authorized or permitted under or by virtue of or pertain- ing to any concession or privilege which may have been ' See Rule 11. 2 By the act of February 14, 1903, entitled "An act to establish the Department of Commerce and Labor" (32 Stat. p. 825), the Commis- sioner General of Immigration, the Bureau of Immigration, and the Immigration Service were transferred from, the Treasury Department to the Department of Commerce and Labor, and by the act of March 4, 1913, to the Department of Labor. ACT OF 1907. 27 or may be granted by any said fair or exposition in con- nection with. such, exposition, under such rules and regu- lations as the Secretary of Labor may prescribe, both as to the admission and return of such person or persons. Seo. 4. That it shall be the duty of every Chinese la- Philippine la- borer, other than a citizen, rightfully in, and entitled to remain in, any of the insular territory of the United States (Hawaii excepted) at the time of the passage of ■ this act, to obtain within one year thereafter a certifi- cate of residence in the insular territory wherein he re- sides, which certificate shall entitle him to residence therein, and upon failure to obtain such certificate as herein provided he shall be deported from such insular territory: and the Philippine Commission is authorized —registration oj 1 • 1 11 1 • ■ • Cliineseiu. and required to make all regulations and provisions nec- essary for the enforcement of this section in the Philip- pine Islands, including the form and substance of the cer- tificate of residence so that the same shall clearly and sufficiently identify the holder thereof and enable ofiicials to prevent fraud in the transfer of the same: Provided, Tiowever, That if said Philippine Commission shall find that it is impossible to complete the registration herein provided for within one year from the passage of this act, said commission is hereby authorized and empow- ered to extend the time for such registration for a further period not exceeding one year. Approved, April 29, 1902. ACT OP FEBRUARY 20, 1907.' (34 Stat., part 1, pp. 898, 906.) AN ACT To regulate the immigration of aliens into the United States. Sec. 2.2 That the following classes of aliens shall be <,i^^^' " •* ^ ^"i"^" r. i ■ .2 twenty and twenty-one ot this act/ ***** Deportation- Sec. 20. That any ahen who shall enter the United dfente^Midpubfic States in violation of law, and such as become public charges, charges from causes existing prior to landing, shaJl, upon the warrant of the Secretary of Labor, be taken into custody and deported to the country whence he came at any time within three years after the date of his entry -how expense of, into the United States. Such deportation, including one- ome. j^^^ ^^ ^^^ entire cost of removal to the port of deporta- tion, shall be at the expense of the contractor, procurer, or other person by whom the alien was unlawfully in- duced to enter the United States, or, if that can not be done, then the cost of removal to the port of deportation shall be at the expense of the "immigrant fund" provided for in section one of this act, and the deportation from such port shall be at the expense of the owner or owners of such vessel or transportation line by which such aliens respectively came : ^ Provided, That pending the final dis- posal of the case of any alien so taken into custody he may ^?e™e(iafieMm^ ^^ released under a bond in the penalty of not less than five hundred dollars with security approved by the Secre- tary of Labor, conditioned that such alien shall be pro- duced when required for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States.^ teoJir ""'''"* Sec. 21. That in case the Secretary of Labor shall be satisfied that an ahen has been foimd in the United States in violation of this act, or that an ahen is subject to deportation under the provisions of this act or of any ' For method of reporting to collectors of customs cases in which request has been made for the institution of prosecutions which may result in the collection of fines or penalties, see Department of Com- merce and Labor Circular No. 75 o£ May 10, 1905. ^ See Rule 22, Immigration Rules of Nov. 15, 1911. ' See subdivision 5, Rule 22, Immigration Rules of Nov. 15, 1911. ACT OF IQOT. 31 law of the United States,' lie shall cause such alien Deportation- within the period of three years after landing or entry ~P™|'fy^||™|{ therein to be taken into custody and returned to the J^'^^p"''' ""^ ^a^- country whence he came, as provided by section twenty of this act,^ and a failure or refusal on the part of the masters, agents, owners, or consignees of vessels io-^^^^^^^^^^^. comply with the order of the Secretary of Labor to take on board, guard safely, and return to the country whence he came any alien ordered to be deported under the pro- visions of this act shall be punished by the imposition of the penalties prescribed in section nineteen of this act:'' Provided, That when in the opinion of the Secretary of Labor the mental or physical condition of such alien is such as to require personal care and attendance, he may employ a suitable person for that purpose, who shall ac- company such alien to his or her fipal destination, and the expense incident to such service shall be defrayed in like manner.* Sec. 25. * * * Provided, That in every case where ds1onby"fdmin- T • ijjj! J • • • ± xi_ TT 'x 1 istrative oiBcers an ahen is excluded from admission into the United anai. States, under any law or treaty now existing or hereafter made, the decision of the appropriate immigration offi- cers, if adverse to the admission of such aJien, shall be /final, unless reversed on appeal to the Secretary of Labor. * * * Jp JjC Sp n* T" Sec. 35. That the deportation of aliens arrested ^nS'ports?'^"' within the United States after entry and found to be il- legally therein, provided for in this act, shall be to the ' When the act of 1907 waa passed, all prior acts and parts of acts, including the acts of 1903, w^e repealed (see section 43 thereof), and the only other "law of the United States" left in existence under which an alien could be deported was the exclusion laws. Therefore, Chinese aliens found in the United States in violation of the exclusion laws are subject to deportation under this section. Indeed, as section 35, post, "requires deporation to the trans-Pacific ports from which such aliens embarked for the United States, it is rather hard to say that" this section (21) "has not the Chinese specially in mind" (223 U. S., 67, 70). 2 See rule 22, Immigration Rules of Nov. 15, 1911. 3 For method of reporting to collectors of customs cases in which request has been made for the institution of prosecutions which may result in the collection of fines or penalties, see Department of Com- merce and Labor Circular No. 75 of May 10, 1905. * For procedure for providing attendant, see Rule 23, Immigration Rules of Nov. 15, 1911. 32 ACTS OF 1912 AND 1913, Deportation- trans-Atlantic or trans-Pacific ports from which said aliens embarked for the United States; or, if such em- barkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. i tt ■ -oi aliens enter- gj,^, 3g q^at all aliens who shall enter the United mg nniawfoiiy. ^^^^^ g^cept at the seaports thereof, or at such place or places as the Secretary of Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this act: * Provided, That be^dir'^^^m nothing contained in this section shall affect the powra land borders, conferred by section thirty-two of this act upon the Commissioner General of Immigration to prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico. ***** Approved, February 20, 1907. ACT OF ATTGTTST 24, 1912. (37 Stat., 417, 476.) n^tenliSS iSd * * * Provided, That all charges for maintenaooe "p^u^ts*?*^'*or return of Chinese persons applying for admission to the United States shall hereafter be paid or reimbursed to the United States by the person, company, partner- ship, or corporation bringing such Chinese to a port of the United States as applicants for admission. Approved, August 24, 1912. ACT OP JXTNE 23, 1913. (38 Stat., .) cutof°tr"taTf * * * Provided, That from and after July first, deportation nineteen hundred and thirteen, alt Chinese persons or- dered deported under judicial writs shall be delivered by the marshal of the district or his deputy into the custody of any officer designated for that purpose by the Secre- tary of Labor, for conveyance to the frontier or seaboard ' See Rule 22, Immigration Rules of Nov. 15, 1911. ACTS OF 1912 AND 1913. 33 for deportation in the same manner as aliens deported under the immigration laws. Approved, June 23, 1913. ACT APPROVED OCTOBER 22, 1913. AN ACT Making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and thirteen, and for other purposes. * * * » « Whenever aliens arriving at any port of the United (jefe^S"^^®^ "' States are temporarHy removed from a vessel in accord- - transportation ^ . y companies to ance with the provisions of section sixteen of the immi- pay- gration act approved February twentieth, nineteen hun- dred and seven, the transportation lines which brought them and the masters, owners, agents, and consignees of the vessel on which they arrive shall pay all expenses of such removal and all expenses arising during subsequent detention pending decision of the eligibility of such aliens to enter the United States and until they are either allowed to land or returned to the care of the line or to the vessel which brought them, and such expenses shall include those of maintenance, medical treatment in hos- pital or elsewhere, burial in the event of death, and charges for transfer to the vessel in the event of deporta- tion, excepting only where such expenses arise under the terms of any of the provisos of section nineteen of the said immigration act; and aliens shall not be temporarily removed from any vessel unless the master, owner, agent, or consignee thereof shall guarantee in a manner pre- scribed by and to the satisfaction of the Secretary of Labor that said expenses will be paid. Approved, October 22, 1913. 21892°— 14 3 EXECUTIVE ORDER OF THE GOVERNOR OF THE PHILIPPINE ISLANDS. Government of the Philippine Islands, Executive Bukeau, Manilia, P. I., Septemher 23, 1904. Executive ObdeeI No. 38. J land^'"'''"' ^^ Whereas the Department of Commerce and Labor of atgowraor or^" the United States has, imder date of July twenty-seventh, nineteen hundred and three, issued a certain rule to regu- late the admission of Chinese persons from the Philippine Islands into the mainland territory of the United States and into the insular possessions of the United States other than the Philippine Islands, which said rule is as follows: [Since the issuance of this order the rule mentioned has been amended ; reference should therefore be had to Rule 11, p. 47.] ***** And whereas it is the desire of the government of the Philippine Islands to aflford to such eUgible Chinese per- sons, residents of these islands, as desire to depart out of the same for other parts or possessions of the United States, the privilege so to do and to give evidence of such governing depar- permission and of the status of each person so permitted tare from andad- . ,, •,ii •,i i./-n- mission toofChi-in the maimer now required by law m the case of Umnese nese of exempt , . , , . i classes. persous departmg out of a foreign country as nearly as may be: Now, therefore, * * * Tjjg collector of customs for the Philippme Islands is hereby designated to grant such permission in the name of the government of the Philippine Islands to all such Chinese persons as shall have duly established to his satisfaction their eUgibiUty under the law to enter the mainland territory of the United States or any other of its insular possessions. This permission, and the prima facie establishment of the facts showing eligibility, shall be evidenced by a certificate signed and approved by him in analogy to the certificate required by section six of the act of Congress ol 34 OEDEK OF THE GOVERN OE OF THE PHILIPPINE ISLANDS. 35 July fifth, eighteen hundred and eighty-four, and referred to in the rule above cited. It is further ordered that in the case of Chinese persons coining from the other insular possessions of the United States to the Philippine Islands, bearing certificates issued in pursuance of the rule above mentioned, they shall be accorded at the ports of the Philippine Islands the same rights of entry as they would have did they come pos- sessed of similar certificates issued by a foreign Gov- ernment. Luke E. Wright, Oivil Governor. RULES GOVERNING THE ADMISSION OF CHINESE.^ The following rules, issued in pursuance of the fore- going treaty and laws governing the admission of Chmese, are hereby promulgated for the guidance of immigration officials and others concerned. These rules supersede all previously issued rules and regulations, also all circulars of instructions regarding the enforcement of the Chinese exclusion laws inconsistent herewith: Portsofentry- RxTLE 1. No Chinese person, other than a Chinese diplomatic or consular officer and attendants, shall be permitted to enter the United States elsewhere than at -general; the ports of San Francisco, Cal. ; Portland, Oreg.; Bos- ton, Mass; New York, N. Y.; New Orleans, La.; Port Townsend and Seattle, Wash.; Honolulu, Hawaii; San Juan and Ponce, P. E.; San Diego, Cal.; and Tampa, Fla. : ^ Provided, however, That Chinese seeking admission or readmission to the United States from the Orient through Canada shall be examined under both the —Canadian; immigration and Chinese-exclusion laws at Vancouver, B. C, those there found admissible to be furnished with a certificate of identity, on which they shall he —Canadian bor- permitted to cross the Canadian boundary, on iden- tification, at Svmias, Wash.; Portal, N. Dak.; Noyes, Minn.;' Detroit, Mich.; Buffalo, N. Y.; Malone, N. Y.; Eichford, Vt.; Lowelltown, Me; or Vanceboro, Me.; and Chinese seeking admission, or readmission without having been preinvestigated, from Canada shaE -entry through be permitted to apply for examination to the United States immigration officials at Vancouver, B. C; Winni- peg, Manitoba; or Montreal, Quebec, those there found ' For laws and rules applying to the cases of aliens in general (includ- ing Chinese), see the pamphlet entitled "Immigration Laws, Rules ol Nov. 15, 1911." For rules regarding the collection of statistics concerning aliens in general and Chinese, see same pamphlet, seventh edition. These rules are not enforced in the Philippine Islands by officers oi the Department of Labor, the act of Feb . 6, 1905 (33 Stat. , pp. 689-692), prescribing that the United States immigration laws shall be adminis- tered in said islands by the officers of the general government thereoi. '' Sec. 7, act of Sept. 13, 1888. 86 RtTLES GOVERNING THE ADMISSION OF CHINESE. 37 admissible to be fumished with a certificate of identity i'or<» of entry- and permitted to cross the Canadian boundary on identi- fication at the boundary ports above mentioned, or at Island Pond, Vt., St. Albans, Vt., Eouses Point, N. Y., Suspension Bridge, N. Y., and Port Huron, Mich.; and Chinese seeking readmission from Canada and holding a return certificate issued after preinvestigation in accord- ance with Eule 13, 15, or 16, shall be permitted to reenter -jj'j.«;;jlg t^^^y through any one of the said border ports upon identifica- Canada, tion at Vancouver, B. C; Winnipeg, Manitoba; or Mont- real, Quebec, as the rightful holder of the return certifi- cate, and the surrendering of such certificate. Rule 2. Only those Chinese persons who are expressly ^j^^^^i^^"''* declared by the treaty and laws relating to the exclusion ^°ly *^°^^Pf^ of Chinese to be admissible shall be allowed to enter the admissible; United States, and those only upon compliance with the requirements of said treaty and laws and of rules issued thereunder.^ The admissible classes, therefore, are— Ustof. teachers; students; travelers for curiosity or pleasure; and merchants,' and their lawful wives and minor chil- dren,' oflB.cials of the Chinese Government, together with their body and household servants; Chinese persons holding the return certificate prescribed by Rules 13, 15, and 16; those seeking in good faith to pass through the country to foreign territory, as provided in Rules 17 and 18; persons whose physical condition necessitates imme- diate hospital treatment;* Chinese persons shown to have been born in the United States,^ and the wives ° and children^ of such Chinese American citizens; and sea- men as provided in Rule 7. ' 22 Op. Atty. Gen., 130, 132, 133; 57 Fed., 591; 116 Fed., 614. ^ Sec. 6, act July 5, 1884, and Art. II of Treaty; but department haa held that bankers are to be regarded as "merchants," and editors as "teachers." For definition of "merchant," see act of 1893 and foot- notes; for definition of "student," Rule 8. " 176 U. S., 459. But relatives other than wives and minor children of exempts are not admissible, 4 Treasury Decisions, 315; and widows and their minor children are not admissible, Dept. C. & L. Decs. Nos. 23 and 35. ■* See Immigration Rule 19. ' 169 U. S., 649, but convincing evidence should be required — 140 U. S., 417. ' Are admitted, not as citizens, but as the wives of citizens — 170 Fed., 566; 225 U. S., 460. ' Sec. 1993 R. S., and sec. 6, act of Mar. 2, 1907 (34 Stat., 1228). 88 EULES GOVEKNING THE ADMISSION OF CHINESE. Examinationof RuLE 3.' Chinese aliens shall be examined as to their ^^or ^dmiB^ right to admission to the United States under the pro- °"'°" visions of the law regulating immigration as well as under the laws relating to the exclusion of Chinese.^' As the immigration act relates to aliens in general, the status of -under immigra- Chinese applying for admission must /rs< be determined ttenCwLsef '*' in accordance with the terms of that law and of the rules drawn in pursuance thereof; then, if found admissible under such law and rules, their status under the Chinese- exclusion laws and rules shall be determined. In order to avoid inconvenience, delay, or annoyance to Chinese applicants arising through misimderstanding, and in the interest of good administration, examination imder both -to be conducted sets of laws and rules shall be made, in the order stated, In^f ^^'^ "'only at the ports named and in the manner specified in Rule 1 hereof. -to be conducted RuLE 4. (a) Upou the arrival of Chinese persons at promptly; ^^^ inspection port mentioned in Rule 1, they shall be examined touching their right to admission, and those proving such right shall be promptly landed:* Provided, -sailors in tor- That nothing contained in these niles shall be construed emptfrom; to authorize the boarding of vessels of foreign navies arriving at ports of the United States for the purpose of enforcing the provisions of the Chinese-exclusion laws. —to be separate (J) The Said examination shall be separate and apart the puMo; from the public, in the presence of Government ofl&cials and such other persons only as the officer in chaise shaD —witnesses to be permit. All witnesses appearing on behaJf of any appli- ^ ■ cant shall be fully heard.* Appeal— Rule 5. (a) If upon the conclusion of the hearing the Chinese applicant is adjudged to be inadmissible, he ^tetoVSoalsliaU be advised of his right to appeal to the Secretary fledofrightto; of Labor by a notice m the Chinese language. If the rejected applicant elects to appeal, written notice thereof ' For instructions regarding spelling of Chinese names see Bureaa Circular No. 12, dated Feb. 16, 1905. = 24 Op. Atty. Gen., 706; 161 Fed., 627, and 163 Fed., 1021; 164 Fed., 506; 170 Fed., 566; 174 Fed., 674; 176 Fed., 933 and 998; 183 Fed., 260; 223 U. S., 67. ' Burden of proof is upon applicant to show admissibility— 125 Fed., 641; 185 Fed., 838. See also footnote to sec. 3, act of 1892. As to responsibility of transportation companies for Chinese aliens temporarily landed, see extract from sundry civil act of Aug. 24, 1912, p. 32, ante; for regulations regarding hospital treatment, Immigration Rule 19. * 194 U. S., 161, 170; 198 U. S., 253, 263; 208 U. S., 8, 13; 190 Fed., 897. RULES GOVERNING THE ADMISSION OP CHINESE. 39 must be served on the officer in charge within five days, _fl^***d7ys gi. exclusive of Sundays and legal holidays, after rejection. {^„^^„{?' ^""s (6) Applicant's counsel shall be permitted, after j^^S«|„*^ be notice of appeal has been duly filed, to examine the """d of; record upon which the excluding decision is based, and may be loaned a copy of the transcript of testimony contained therein. If there is a consular officer oi-cuinese <»nsui to be advised con- China at the port where exammation is held, he alsoceming; shall be notified in writing that the said Chinese appli- cant has been refused a landing, an4 shall be permitted to examine the record. The word "record" as used in this paragraph shall not be construed to include memo- randa of comment or letters of transmittal unless they contain evidence additional to that in the record proper. (c) The notice of appeal shall act as a stay upon the ^"^"■^^^^^^"^ disposal of the appUcant imtil a final decision is rendered ''"'^ lodays; by the Secretary of Labor; and, within ten days after the excluding decision is rendered, unless further delay is required to investigate and report upon new evidence, the complete record of the case, together with such briefs, affidavits, and statements as are to be considered in con- nection therewith, shall be forwarded to the Secretary of Labor by the officer in charge at the port of arrival, accompanied by his views thereon in writing. If, on -additional evi- appeal, evidence in addition to that brought out at the on°to be"tovMtt hearing is submitted, it shall be made the subject of^* ^' prompt investigation by the officer in charge and be ac- companied by his report.* (d) Additional time for the preparation of cases will r-a See footnotes to sec. 6, act of July 5, 1884. 46 BULES GOVEENING THE ADMISSION OP CHINESE. China — Continued. "Sec.e,"certifl- Jq countries foreign to China — ^ffl^rs desig- Austroha — Chinese consul general, Melbourne. "* ""^ '' Austria-Hungary — Chinese minis ter or chai^fi d'affaires, Vienna. Belgium — Chinese minister or charg6 d'affaires, Brussels. Canada — Chinese consul general, Ottawa, and Chinese consul, Vancouver. Cuba — Chinese minister or charge d'affaires, Habana. England — Chinese minister or charg6 d'affaires, London. France — Chinese minister or charg6 d'affaires, Paris. Germany — Chinese minister or charge d'affaires, Berlin. Hawaii — Chinese consul, Honolulu. India — Chinese consul, Rangoon, Burma. Italy — Chinese minister or charg4 d'affaires, Rome. Japan — Chinese minister or charg6 d'affaires, Tokyo; Chinese consul general, Yokohama. Korea — Chinese consul general, Seoul. Mexico — Chinese minister or charge d'affaires, Mexico City. Netherlands — Chinese minister or charg6 d'affaires. The Hague. Peru — Chinese minister or charg6 d'affaires, Lima. Philippine Islands — Chinese consul general, Manila. Portugal — Chinese minister or charg6 d'affaires, Lisbon. Russia — Chinese minister or charg6 d'affaires, St. Petersburg. Siberia — Chinese commercial agent, Vladivostok. Spain — Chinese minister or charge d'affaires, Madrid. Straits Settlements — Chinese consul general, Singapore. Transvaal — Chinese consul general, Johannes- burg. Cuba: Chief of immigration department. Dutch Guiana. (See Surinam.) Dutch East Indies: Directeur van Justitie, Batavia. BULES GOVEBNING THE ADMISSION OF CHINESE. 47 German protectorate of Kiautscliou: Commissioner for "Sec.6»certifl- Chinese affairs to the Government, civil commissioner -offlcera desig- or Oberrichter. ' nated to issue. Guatemala: Minister of foreign affairs or subsecretary of state. Hongkong: Registrar general. India: Chief secretary to the government of Burma. Jamaica: Deputy inspector general of police. Japan: Governor of any fu (district) or ken (prefecture). Hokkaido — Governor general. Formosa — Chief of prefecture having jurisdiction. Macau, Portuguese province of: Secretary general. Mexico: Department for foreign affairs. Philippine Islands: Collector of customs. Society Islainds: Commissioner of police of the munici- pahty of Papeete, Tahiti. Straits Settlements: Colonial secretary. Federated Malay States — Colonial secretary, federal secretary, or secretary for Chinese affairs. Surinam (Dutch Guiana): Government's secretary, or secretary ad interim at Paramaribo. Trinidad: Governor. Venezuela: Mayors of cities or governors of provinces. Rule 11. (a) Chinese persons of the exempt classes i°^'ar f*™- who are citizens of other insular territory of the United 7-*pp'J'^*A?S "' *' laws to Cnjnese States than the Territory of Hawaii shall, if they de- of ejem^t classes , . . , residing in; Sire to go from such msular territory to the mainland or from one insular territory to another, comply with the terms of section 6 of the act approved July 5, 1884. The certificate prescribed by said section shall be granted -F™*ig^j^g^?J- by officers designated for that purpose' by the chief execu- tives of said insular territories, and the duties thereby imposed upon United States diplomatic and consular officers in foreign countries in relation to Chinese persons of the said classes shall be discharged by the officers in charge of the enforcement of the Chinese-exclusion acts at the ports, respectively, from which any members of such excepted classes intend to depart from any insular territory of the United States:' Provided, Tiowever, That the privilege of transit shall be extended to all persons other than laborers, as provided in Rule 18. (b) As all persons who were citizens of the Republic of _f|;^^'^7ion „, Hawaii on August 12, 1898, are citizens of the United "*"'^°^ "'■ 1 Sec. 1, act of 1902-1904. 48 RULES GOVEENING THE ADMISSION OF CHINESE. Hawau- States,^ persons of the Chinese race cl aim i n g such status may be admitted at either mainland or insular ports of entry upon producing evidence sufficient to establish such claim. Citizens of the Chinese Republic of the ^s«.7°clrtifL- exempt classes residing in Hawaii must obtain certificates catesin. ^^.^^ ^j^q representative of their own Government (the Chinese consul, Honolulu), and such certificates must be visaed by the inspector in charge of the inxmigration service in said islands instead of by a diplomatic or consular officer. —^'"'uaSf!?*^ (^) '^^ governor of the Philippine Islands haviag, by Ite'to" '*^*^" executive order No. 38, of September 23^ 1904, designated the collector of customs, Manila, to issue to Chinese citi- zens of those islands the certificate provided by section 6 of the act of July 6, 1884, and it being impracticable to require that such certificates shall be visaed, officers at "s^^6" Mrtifi- ports of entry for Chinese wiQ regard certificates issued "^ " to such Phihppiue citizens in the same manner as certifi- cates issued by officials of foreign countries and vis6ed by American diplomatic or consular officers. Certificates issued by the Chinese consxil general, Manila, to citizens of the Chinese Republic residing in the Philippines v?ill be visaed by the collector of customs at Manila, and when so visaed will be accorded the usual consideration. tamoOTmcate^ RuLE 12. (a) The laborer's rctum certificate, provided by section 7 of the act of September 13, 1888, shall be sued; issued Only to such Chinese persons as have been duly registered under the provisions of the act of May 5, 1892, or the act of November 3, 1893, and present a certificate issued thereunder, or such as have established before a court of competent jurisdiction the lawfulness of their residence in the United States and present a certified copy of the court's decision, or such as otherwise estab- hsh before the immigration official to whom application for the return certificate is made that they are lawfully within the United Statefe.^ ^^h^*to°be°if- (^) Chinese laborers applying for such certificate shall sued; Y)e required to furnish the testimony of not less than two credible witnesses, who have had opportimity to know the circumstances to which they testify, that one of the grounds specified by the section of law above mentioned actually exists. ' Sec. 4, act of Apr. 30, 1900; 23 Op. Atty. Gen., 345 and 509. ^ 193 U. S., 517; 71 Fed., 680; 115 Fed., 412; 128 Fed., 319 and 522; 139 Fed., 56; 148 Fed., 926. RULES GOVEBNING THE ADMISSION OP CHINESE. 49 RtiLE 13. (a) Any Chiaese laborer claiming the right Laborer's re- to leave and return to the United States in accordance ^P^'oaWo^™-' with sections 5 to 7 of the act of September 13, 1888 * shall make written application to the immigration officer located nearest to his place of residence for pre- investigation of his claim, such application to be pre- pared in triplicate on Form No. 432, furnished by said immigration officer, and to be filed at least thirty days-*" ^e aed so prior to the date of proposed departure. pMhire;" °^^ (5) Such applicant shall deposit with said officer a certificate of registration,^ or a certified copy of a de- cision of a court of competent iurisdiction showing that~**™'™^"**''7 1-1 p n • -1 1 • ,T -r-r ■ ■. ^ ° or parole evl- he IS lawluUy resident m the United States/ or shall sub- denoerequiredin; mit to such officer parole evidence showing that he was lawfully admitted to and has maintained a lawful status while resident within the United States, and such appli- cant shall make on oath before the officer in writing a full statement descriptive of his family or property or debts,* as the case may be, and giving his name, height, local residence, occupation and distinguishing marks, if any, and naming the port at which he expects to depart from the United States, which shall be one of those desig- nated in Eule 1 . (c) To each of the three copies of said appHcation there —photo to be at- shall be attached a photograph of the applicant printed from the same negative. (d) The officer to whom such application is submitted —investigation of v 11 1 j-T. -L. -J.- i J.1 allegations made snail make a thorough examination as to the accuracy m; of the descriptive statement, whether the accompanying photograph is that of the person described in the certifi- cate or certified copy of court record and statement, and whether appHcant's height and descriptive physical marks are accurately given, and (unless similar action has been taken at so recent a date as to give assurance of the gen- uineness of the papers) shall transmit the certificate ' If a laborer leaves without the return certificate, he can not law- fully reenter; and it he reenters, he is subject to deportation — 120 Fed., 899; 21 Op. Atty. Gen., 424; 23 Op. Atty. Gen., 619. ^ Registration certificate under either the act of 1892 or the act of 1893 is sufficient— 110 Fed., 154. ^ In this connection see Bureau circular letter of Jan. 8, 1914, No. 53560-225. *An open book account is a "debt pending settlement," 24 Op. Atty. Gen., 637. The Department has held in several cases that money deposited in bank to there remain until laborer's return is "property." 21892°— 14— 4 50 BULBS GOVEENING THE ADMISSION OF CHINESE. Laborer's re- of residence to the Commissioner General of Immigrar appucationtor — tion for comparison with the record thereof in his office, in respect not only to name and date therein, but in all other particiilars, or the certified copy of court record to the clerk of the court by whom issued for verification, -investigation of Said officer shall also examine* the applicant, such wit- ^legations ™»'i«jjggggg ^g j^g jjjay produce, and such other witnesses as may be necessary, causing their testimony to be tran- scribed in duplicate. "When an applicant holding a cer- tificate of residence and his witnesses live at a distance -accepting affl-from an immigration station, Form No. 432 may be exe- orai testimony; cuted before any officer authorized to administer oaths and the testimony of the witnesses furnished in affidavit form, said executed form and affidavits to be forwarded to the officer in charge of the district, accompanied by applicant's certificate of residence. The remaining provi- sions of the rule shall then be observed so far as applicable. -disposition of, (g) Upou Completing the investigation said officer shall, and of evidence ^ ' r r a -o .,, concerning; after writmg his Signature across the margm of the pho- tograph attached to each copy of the application, forward the original and triplicate of the application, the certifi- cate or certified copy of court record, two transcripts of the testimony, and his report of his investigation of the case, to the immigration official in charge at the port of proposed departure. If applicant proposes to cross the boimdary at a Canadian border port and embark at Van- couver, the papers shall be forwarded to the inspector in charge, Vancouver. If he proposes to make a visit to Canada merely, the papers shall be forwarded to the in- spector in charge, Vancouver, if the border port of de- parture is Sumas; to the inspector in charge, Winnipeg, if the border port is Portal or Noyes ; to the commissioner of immigration, Montreal, if the border port is Detroit, Buffalo, Malone, Richford, LoweUtown, or Vanceboro. if) The official in charge at the port of departure shall, upon the receipt of the papers named in the preceding paragraph, return to the officer from whom received the don" o'SVi'pUrate t^plicate copy of the application, placmg thereon a state- o': ment as to whether or not he is satisfied, on the evidence presented, to indorse the application favorably. not^ed^f '?on*- ^^ ^^ *^® event an unfavorable response is received rersi^of^fgw ot*^°"^ *^® officor in charge at the port, the investigating appeal; officer shall notify the applicant thereof, advising him ' For instructions regarding spelling of Chinese names, see Bureau Circular No. 12, dated Feb. 16, 1905. BULES GOVERNING THE ADMISSIOlT OE CHINESE. 51 that such decision is not final, but that he may appeal to Laborer's re- the Commissioner General of Immigration from the ad- »pS*«'«o^''or^' verse decision.' If a favorable pesponse is received, the investigating officer shall deliver to the applicant the duplicate copy of the application, with instructions to exchange it at the office of the immigration officer in charge at the port of departure for the original thereof. The triplicate retiu-ned from the port of proposed depart- r*"^??^"'™ "' t. ,,. /.I r r f auplicateand ure and the duplicate copy oi the report and of the tran- t"p™ate of; script of testimony shall be placed on file in the office of the mspector in charge of the district (or subdistrict, as the local practice may require) in which the applicant has resided. (h) Upon the arrival of the applicant at the port of -concerting ong- 1 i 1 ii . ■• 11 . » ■■ 1 ,. inal of, into a re- departure and the presentation by hun of the duplicate t™o certificate; of the appUcation, such dupUcate shall be placed on file, and the original, with the indorsement of approval ap- pearing thereon filled out and signed, and with the sig- nature and seal of the officer in charge placed over the margin of the photograph, shall be deUvered to the appli- cant for use upon his return. At the time of departure -obtaining for- apphcant's address in the country to which he is going h&t^'*'^ °' shall be secured for use in case it should become neces- sary to correspond with him; and the applicant must be clearly advised that upon his return to the port of de- parture there must still exist the statutory ground for his readnussion. (i) On the return of the apphcant the original appUca- tion shall be compared with the dupKcate on file, and with the person presenting it, and if the officer in charge is satisfied of the identitv of such person, and nothing has— identification . 1 • 1 T T 1 -J and readmission occurred during his absence to discredit the evidence of holder; taken on the preinvestigation, he shall be promptly admitted without further examination or investigation, except to ascertain from applicant whether the statutory ground for admission still exists. The original applica- tion shall then be placed in the files, and the applicant's-finai^^.dfeposi- registration certificate or certified copy of court ^^♦'orda^^rctamofdoc^ shall be returned to him, unless he voluntarily surrenders dence. 'Counsel may examine the appeal records in these cases and be loaned a copy thereof in the same manner as that provided with respect to appeals from excluding decisions. See par. (5), Rule 5. Cases of this kind may be reopened for the same reasons, in the same manner, and with the same effect as cases of applicants for admission. See par, (e), Rule 5. 52 EXILES GOVEENING THE ADMISSION OF CHINESE. such paper as a condition precedent to the procurement of a certificate of identity/ and in the latter event a notation describing by number or otherwise the sur- rendered paper shall be placed on the certificate of identity. tvi^g?"i veT- Rule 14. Whenever a Chinese laborer holding a return -united states Certificate is detained by his sickness or by other disability to'cMtify regard- beyond his control for a time in excess of one year after "'^'' the date of his departure from the United States, the facts shall be fully reported to and investigated by the consular representative of the United States at the port or place from which such laborer departs for the United States, and such consular representative shall certify, to the satisfaction of the officer in charge at the port of return, which must be the port from which such laborer departed, that he has fully investigated the state- ments of such laborer and believes that he was unavoid- ably detained for the time specified and for the reason -consular .„offl- stated, such Certificate to be delivered by such consular csr's certifier 1^ concerning, to be representative to the master of the vessel on which the ter of vessel. Chinese laborer departs for the United States and by the master deUvered to the officer in charge at the port of return.^ Exempt's re- RtrLE 15. (a) Any Chinese merchant,^ teacher, or application for— 'student resident in the United States who desires to go abroad temporarily * may, in order to avoid delay in se- curing admission upon return to one of the ports named in Rule 1 hereof, make written application to the immigra- tion officer located nearest to Ms place of residence for preinvestigation of his claim of being a merchant, or teacher, or student within the meaning of the law, such application to be prepared in triplicate on Form No. 431, —to be fiiedfurnished by said immigration officer, and to be filed at parture; least thirty days prior to the date of proposed departure. (6) To each of the three copies of said application there —photo to be at- shall be attached a photograph of the applicant printed tached to, and ^ . j ^, , iT i n • , t names of .wit- from the same negative; and there shall be furnished taf^ therein the names and addresses of two (or more) credible witnesses other than Chinese who are able and willing 1 See Rule 19, par. (i). 2 Sec. 7, act of 1888. 3 For definition of "merchant," see act of 1893 and footnotes. * The department has held that the wives and minw children of these classes are entitled also to the benefit of the rule. EULES GOVERNING THE" ADMISSION OP CHINESE. 53 to testify of their own knowledge that for at least one Exempt's re- year immediately preceding the date of proposed depart- ^^PP^'^attonfor-' ure the applicant has been engaged exclusively in the pursuit named by him. (c) The officer to whom said application is made shall -investigation ot examine the applicant, such witnesses as he may produce, f^tnd onepiwy and such other witnesses as may be necessary,* causing °''^'^*'*''°°°' their testimony to be transcribed in duplicate, and shall take such other steps as may be necessary and proper to determine whether the applicant's claim is true.^ (d) Upon completing the investigation said officer -disposition of, shall, after writing his signature across the margin of the c?nce?^J?^^™* photograph attached to each copy of the application, for- ward the original and triplicate of the application, two transcripts of the testimony, and his report of his inves- tigation of the case, to the immigration official in charge at the port of proposed departure. If applicant pro- poses to cross the boundary at a Canadian border port and embark at Vancouver, the papers shall be forwarded to the inspector in charge, Vancouver. If he proposes to make a visit to Canada merely, the papers shall be forwarded to the inspector in charge, Vancouver, if the border port of departure is Sumas; to the inspector in charge, Winnipeg, if the border port is Portal or Noyes; to the commissioner of immigration, Montreal, if the border port is Detroit, Buffalo, Malone, Richford, Lowell- town, or Vanceboro. (e) The official in charge at the port of departure shall, upon the receipt of the papers named in the preceding paragraph, return to the officer from whom received the tripUcate copy of the application, placing thereon a state- -^^"t^Sj^g'n^^; ment as to whether or not he is satisfied, on the evidence "'; presented, to indorse the application favorably. (/) In the event an unfavorable response is received from the officer in charge at the port, the investigating^ officer shall no tifv the applicant thereof, advising him that no^^ed of con- ,,. «ii 11 lil, elusion, and, if such decision is not final, but that he may appeal mere- adverse, of right ' For instructions regarding spelling of Chinese names, see Bureau Cir- cular No. 12, dated Feb. 16, 1905. ^ The applicant should be carefully examined regarding the legality of his residence and his claims verified. If it is shown by the evidence submitted or adduced that he is unlawfully within the United States, his application should of course be denied. , of appeal; 54 EULEb GOVEENING THE ADMISSION OF CHINESE. Exempt's re- from to the Commissioner General of Immigration,' or appucatfonto-'may, if he so desires, depart from the coimtry, relying upon his ability to produce further and more satisfac- -disposition oftory evidence on his return. If a favorable response is wlufteoft ° "^received the_ investigating oflScer shall deliver to the ap- plicant the duplicate copy of the application, with in- structions to exchange it at the office of the immigration officer in charge at the port of departure for the original thereof. The triplicate returned from the port of pro- posed departure and the duplicate copy of the report, of the transcript of testimony, and of documentary proofs shall be placed on file in the office of the inspector in charge of the district (or subdistrict, as the local practice may require) in which the applicant has resided. i^^°oM?to°'re- (?) Upon the arrival of the applicant at the port of de- tum certificate; p^pture and the presentation by him of the duplicate of the application, such duplicate shall be placed on file, and the original, with the indorsement of approval appealing thereon filled out and signed, and with the signature and seal of the officer in charge placed over the margin of the photograph, shall be delivered to the applicant for use ^**ad^lss'TfUpon his return. At time of departm-e applicant's ad- hmer, dress in the country to which he is going shall be secured for use in case it should become necessary to correspond with him, and he must be clearly advised that upon his return there must still exist the statutory ground for his readmission. ^d'^^iUtoS Qi) On the return of the applicant the original appli- of holder; catiou shaU be compared with the duplicate on file, and with the person presenting it, and if the officer in charge is satisfied of the identity of such person, and nothing has occurred during his absence to discredit the evidence taken on the preinvestigation, he shaU be promptly ad- mitted without further examination or investigation, except to ascertain from applicant whether the statutory groimd for admission still exists. The original applica- tion shall then be placed in the files. —reason for and ,... mi . i • i i . .-i character of regu- {i) ixus rulc IS adopted as a pnvilege, not a reguire- ' ment, apd precludes no one from deferring the submission of his proofs and the determination of his claimed status ' Counsel may examine the appeal records in these cases and he loaned a copy thereof in the same manner as that provided with respect to appeals from excluding decisions. See par. (6), Rule 5. Cases of this kind may be reopened for the same reasons, in the same manner, and with the same effect as cases of applicants for admisaioii. See par. (e). Rule 5. EULES GOVEENING THE ADMISSION Of CHINESE. 55 (primarily by an officer in charge at a port and finaUy, on Exempt's re- appeal, by the Secretary) until application is made for re-a"pUcationfa?-' entry, nor from leaving the country notwithstanding an adverse decision on an application submitted under this rule and again advancing his claim on returning to a port of the United States, with the privilege of appeal if then rejected. (j) Chinese applying for ^reinvestigation under the terms of this rule, or for admission without having taken advantage of the rule, on the ground of having been domi-^>:j^™7 ^„^{. oiled in the United States as merchants, shall be required app^yin"^'^^^"^ to establish to a reasonable certainty that they are actu-'""**™'^'™- ally owners of the business claimed or members of the firm owning such business, with proofs of the amounts actually paid for their respective interests and the times at which such payments were made. In no case should the claim of mercantile status be allowed unless inspec- tion of the alleged mercantile establishment shows a hona fide capital and stock, the latter commensurate with the former and with the number of partners claimed.^ Rule 16. (a) Any Chinese person residing in the Native's retum , , " certificate, appli- Umted States and claiming that, by reason of birth in^at'on'of- this country, he is lawfully entitled to so reside in, and to depart from and return to, the United States, who desires to go abroad temporarily, may, in order to avoid delay in securing admission upon return to one of the ports of entry named in Rule 1 hereof, make written application to the immigration officer located nearest to his place of residence for preinvestigation of his said claim, such application to be prepared in triplicate on Form No. 430, furnished by said immigration officer, and to be^'^^a^l ^tl^ filed at least thirty days prior to the date of proposed ^^p"*""' departure. (6) To each of the three copies of said application there ^J^t»Jf "o »*" shall be attached a photograph of the applicant printed from the same negative. (c) The officer to whom said application is made shall j^^v^tj^tta of obtain from the applicant such documentary proofs ^ in "■' duplicate of his claim as he may possess, and shall take all necessary steps (by correspondence with appropriate Gov- ernment officials) to ascertain whether such documents are ' 61 Fed., 641. For further references see footnote 1, p. 22. "As to method of proving prior adjudication by court or commis- sioner, see Bureau circular letters of Nov. 5 and 14, 1912, and Jan. 8, 1914, No. 53560-225. 56 KULES GOVEBNING THE ADMISSION OF CHINESE. Native's return genuine and relate to the applicant; and shall examine ^ionfor-*^^ the applicant, such witnesses as he may produce, and such other witnesses as may be necessary,* causing their testi- — producing wit- monv to be transcribed in duplicate : Provided, That the nesses concern- •' , , . . . ing; applicant shall produce all of his witnesses at a time and place agreed upon, and no further witnesses will be examined nor additional evidence considered at his request unless it is clearly shown that its previous pro- duction was impossible. It is not permissible to incur traveling expenses in preinvestigating alleged natives. —disposition of, (d) Upon Completing the investigation Said officcr shsll, concerning; after Writing his signature across the margin of the pho- tograph attached to each copy of the application, for- ward the original and triplicate of the application, the documentary proofs, two transcripts of the testimony, and his report of his investigation of the case, to the immigra- tion ofl&cial in charge at the port of proposed departure. If applicant proposes to cross the boundary at a Canadian border port and embark at Vancouver, the papers shall be forwarded to the inspector in charge, Vancouver. If he proposes to make a visit to Canada merely, the papers shall be forwarded to the inspector in charge, Vancouver, if the border port of departure is Sumas; to the inspector in charge, Winnipeg, if the border port is Portal or Noyes; to the commissioner of immigration, Montreal, if the bor- der port is Detroit, Buffalo, Malone, Richford, Lowell- town, or Vanceboro. —noting conciu- (e) The of&cial in charge at the port of departure shall, sion on triplicate • . f .1, j • xIl i- of; upon the receipt of the papers named m the precedmg paragraph, return to the officer from whom received the triplicate copy of the application, placing thereon a state- ment as to whether or not he is satisfied, on the evidence presented, to indorse the application favorably. M^tS'ed *^f 'con- ^f> ^ *^® event an unfavorable response is received ad^S°e bright from the officer in charge at the port, the investigatmg of appeal; officer shall notify the applicant thereof, advising him that such decision is not final, but that he may appeal therefrom to the Commissioner General of Immigration,^ ' For instructions regarding spelling of Chinese names, see Bureau Circular No. 12, dated Feb. 16, 1905. 2 Counsel may examine the appeal records in these cases and be loaned a copy thereof in the same manner as that provided with respect to appeals from excluding decisions. See par. (6), Rule 5. Cases of this kind may be reopened for the same reasons, in the same maimer, and with the .'lame effect as cases of appUcaJits for admissioii. See par. (c), Rule 5. RULES GOVEBNING THE ADMISSION OF CHINESE. 57 or may, if he so desires, depart from the country, relying Native's return upon his ability to produce further and more satisfactory ^^w^fcr-^^^"' evidence on his return. If a favorable response is re- ceived, the investigating officer shall deliver to the appli- cant the duplicate copy of the application, with instruc- -disposition of tions to exchange it at the office of the immigration officer wp?iJat?ot? *'"' in charge at the port of departure for the original thereof. The triplicate returned from the port of proposed de- parture and the duplicate copy of the report, of the trans- cript of testimony, and of documentary proofs shall be placed on file in the office of the inspector in charge of the district (or subdistrict, as the local practice may require) in which the applicant has resided. {g) Upon the arrival of the applicant at the port of r-conyertingorig- departure and the presentation by him of the duplicate Srtiflrate/^*"™ of the application, such duplicate shall be placed on file, and the original, with the indorsement of approval ap- pearing thereon filled out and signed, and with the signa- ture and seal of the officer in charge placed over the margin of the photograph, shall be delivered to the appli- cant for use upon his return. At the time of departure -^''^t^™™? '<"•- ■■; ^ eign address ot appucants address m the country to which he is going "^"Mer; shall be secured, for use in case it should become necessary to correspond .with him. Qi) On the return of the applicant the original appli-— identification 1-11 IT /^i and readmission cation shall be compared with the duplicate on tile, and of holder; with the person presenting it, and if the officer in charge is satisfied of the identity of such person, and nothing has occurred during his absence to discredit the evidence taken on the preinvestigation, he shall be promptly ad- mitted without further examination or investigation. The original application shall then be placed in the files for safekeeping and possible future use by the applicant should he again leave the United States. (i) This rule furnishes a convenient method to be fol-^^^^^erofreTu*^ lowed by Chinese residents of the United States claim- i^^uon concern- ing American citizenship who are desirous of depart- ing from the country with assurance of prompt re- admission on return. Compliance with its terms is a privilege, not a requirement. It precludes no one from deferring the submission of his proofs and the determination of his claimed status (primarily by an officer in charge at a port and finally, on appeal, by the Secretary) imtil application is made for reentry, nor from leaving the country notwithstanding an adverse 58 KULES GOVERNING THE ADMISSION OF CHINESE. decision on an application submitted under this rule and again advancing his claim on returning to a port of the United States, with the privilege of appeal if then rejected. Transit of la- j{,xjLE 17. CMucse laborers shall not be granted the ments^ privilege of transit through the United States to foreign territory Lf afflicted with tuberculosis or a loathsome or dangerous contagious disease, nor, in any event, unless they comply vidth the following requirements; and if such a person is found, in the judgment of the officer in charge at the port of arrival, to be seeking the privilege of transit with an ulterior purpose of gaining unlawful access to the United States, he shall be refused permis- sion to land:' r^bllho™'''"'^' (a) The applicant shall produce to the officer in charge at the port of arrival a prepaid ticket across the whole territory of the United States, land or water, intended to be traversed (and to his alleged foreign destination according to the manifest of the vessel on which he —other evidence; arrives), and such other reasonable proof as may be required to satisfy the said officer that a bona fde transit only is intended and that the applicant has not the ulte- rior purpose of gaining access to the United States in violation of law; and such ticket and evidence must be so stamped or marked and da.ted by the said officer as to prevent their use a second time. No such applicant shall be considered as intending in good faith to make such transit only if he has already, on the same arrival, made application for and been denied admission to the United States. tTmed^tor depart^ (^) The applicant, or some responsible person in his ™'' behalf, or the transportation company whose through ticket he holds, shall furnish to the said officer in charge a good and sufficient bond in the penal sum of $500, con- ditioned for applicant's continuous transit through and actual departure from the United States within a rea- sonable time, not exceeding twenty days from the date said privilege is grafted; but the said bond shall not be required of any such applicant who remains on ship- board or who is transferred from one vessel to another vessel in a United States port, for transit through the water territory of the United States, unless the vessel on which applicant departs is to touch at another port of the United States on the way to its foreign destination. • 185 U. S., 296, 301-305; 111 Fed., 998. BULES GOVERNING THE ADMISSION OP CHINESE. 59 (c) The applicant shall furnish to said officer in charge Transit of la. iTiii "irr* borers, require- to be taken as directed by said officer, a photograph of ™*°'^- himself in triplicate, together with such information as may be required. (d) The ofl&cer in chaise at the port of arrival shall -action of off i- prepare a descriptive list, to which one of the photographs ""^ ''™™™'°s, required by paragraph (c) shall be attached, for file in his office, containing as to each Chinese laborer applying for the privilege of transit the followiag information: Name, age, sex, last place of residence, and the data referred to therein required for his identification. Toir^^^'^pt'^e the said descriptive list there shall be attached a dated and signed statement by the said officer in charge that applicant has compHed with all the provisions hereof, and that, being assured of applicant's good faith, the privil^e of transit under bond has been accorded him. (e) Two copies of the descriptive list required by— copies of do- paragraph (d) shall be prepared by the officer ia chaise on detached blanks corresponding in form with the said descriptive list, to each of which shall be attached one of the photographs required by paragraph (c) , and upon both of said photographs, as well as on the one attached to said list, shall be stamped the seal of the said officer m chaise, so placed as not to cover any part of the face. One of said copies shall be forwarded by the first mail after it is prepared to the officer in charge at the intended port of exit and the remaining one shall be given to the conductor of the train, or to the captain of the vessel, by which the Chinese laborer to whom they relate is carried, for delivery to the said officer at the port of exit. _ ^^^^^^ ,„ , if) One of the copies described in paragraph (e) shall caSceuatton of be retained by the officer in chaige at the port of exit, for his files, and the other, after an indorsement has been made thereon, duly signed and dated, to the effect that the Chinese laborer named therein has been identified and . has departed from the United States, shall be mailed to the officer by whom it was prepared, and its receipt by him, duly executed as herein required, shall be Jiis authority for cancellation of the bond given on behalf of the Chinese laborer. Transit of ex- RuLE 18. No Chinese person who shall satisfy the offi-^^Jf Masses- ' cer m charge that he is other than a laborer (although not suppHed with the certificate provided for by section 6 of the act of July 5, 1884), shall be required to comply 60 KULES GOVEBNINO THE ADMISSION OP CHINESE. Transit of ox- -^th SO much of the provisions of Rule 17 as requires empt masses- ^^jj^^^ pcrsons seeking the privil^e of transit to submit -photographs^jj^otosraphs of themselves and to be measured. If, and measure- f o tr , ,^ • sj. i. • ^ ments not re-j^owever, any such Chinese person, alter navmg been '^™^" admitted to pass in transit through the United States, be found therein at the expiration of twenty days from the date of such admission, he shall be deemed to be in the United States in violation of law and shall be de- ported, certiflcate of RuLE 19.^ (o) With a view to affording a proper and iSd'chtaeM- efficient means of identification to Chinese persons, or persons of Chinese descent, admitted or readmitted to the United States upon proof of their status as members of the classes specifically exempted from the excluding provisions of the Chinese-exclusion laws, or upon proof -towhomissued; that they are lawfully resident laborers or citizens of the United States by birth therein, a certificate of identity shall hereafter be issued by the officer in charge at the port of entry to each such person admitted or readmitted to this country by him who may apply for the same; the instructions hereinafter given to be carefully observed in — one only to one iggy^g such Certificates: Provided, That only one such person; o ^ z^n • certfficate shall be issued to any one Chinese person, except that duplicates may be furnished of those un- avoidably lost or destroyed, under the terms of paragraph (g) of this rule, the method to be followed with a view to preventing a violation of this proviso being described in paragraph (A) hereof. iS'^Sft™?" (^) "^^^ certificates are printed from engraved plates, numbered consecutively, and bound in books containing 50 each, an original and a duplicate of each number being furnished, arranged the latter above the former for con- venience in copying from one to the other, and perfo- rated to permit of easy detachment from the book and from each other. -manner of is5u- (g) In issuing Said certfficates care shall be exercised to have the original and the duplicate correspond in every detail. All blank spaces remaining after writing in the data required to complete the identification of the person to whom the certfficate is issued shall be covered by ruled lines, so as to prevent the insertion of any additional word or words without detection, and the seal of the ' For particulars regarding the registration of Chinese horn in the Hawaiian Islands and the granting of certificates of identity to sttch persons, see Bureau Circular No. 23, dated Jan. 14, 1908. RULES GOVERNING THE ADMISSION OP CHINESE. 61 issuing officer should be impressed across the margin of certificate or the photograph near the center of the certificate. mitted^chtaese-^ {d) These certificates being issued as an accommodation -p ^ o t o g r aphs to Chinese persons, such persons as may apply for same shall be required to furnish two suitable unmounted pho- tographs of themselves, printed from a negative that has not been retouched, representing the subject with- out hat, fuU front view, showing both ears, measuring 1^ inches from top of head to point of chin. The photo- graph shall be attached to the certificate with great care to insure permanency and prevent warping. The height shall be carefully taken and inserted in feet and inches, and in recording phjrsical marks and peculiarities those which are the most prominent and the least likely to be obliterated by lapse of time shall be selected. In record- ing the status as of which admitted, the address to which proceeding shall be given, if possible. (e) These certificates, as shown on their face, are issued J^^ofg^tuahm^ to Chinese of the exempt classes for their protection and ^'^^^ ^^' °' identification only so long as such persons shall retain tkeir exempt status, and are not transferrable. Therefore, when such a certificate is found by an inspector in the pos- session of a person to whom issued as an exempt, engaged in the performance of manual labor, or of a person to whom it does not relate as shown by a comparison of such person with the photograph and personal description ap- pearing thereon, or if at any time it should develop that such certificate has been obtained by fraud, the certificate shall be taken up and forwarded to the Bureau of Immi- gration, with report of the circumstances, for decision whether it shall be canceled. if) The duplicates of the certificates shaU be forwarded -^"p""***' "'■ to the Bureau of Immigration promptly upon the issu- ance of the originals, in order that such duplicates may be safely iUed for future reference. _ . ^^ .^ ig) If such a certificate of identification shall be un-ioJt?^"' avoidably lost or destroyed at any tune, a certificate in lieu thereof will be issued by the Bureau of Immigra- tion upon the applicant's furnishing satisfactory proof of the unavoidable loss or destruction of such certificate, of his identity as the person to whom it was originally issued, and of his exempt status. -limitation or Qi) The certificate of identity when issued to Chinese „g™i™g p™"- . ^ . .11 ^""^ '"' recording be questioned concermng material details^ with respect ?'^.'"*"'*p¥».^ to Eaembers of their f amiUes, and as to whether they are "i^^es. acquainted with any Chinese born in the United States, and a record made of their testimony; a notation^ then to be written upon the certificate of residence, certificate of identity, or other paper presented by witness as docu- mentary evidence of his status, such notation to show name of station of the inspector and the office number of the ease under investigation. Thus ofiicers subsequently examining the same witness will become aware of the availability for comparison of the previously given tes- timony. , RtTLE 24. To insure the identification of Chinese Arrests- arrested within the United States, the following instruc- tions shall be observed with respect to the photographing ftf such Chinese, the expense thereof to be borne by the^^««'^p"^'p|=; ^gropriation "Expenses of regulating immigration " identmcation- (Chiaese). (») Every Chinese person arrested under the exclusion IftffiES by an immigration or other oflicial will be photo- graphed immediately upon the consummation of the-^?^^aphs m arrest, the photograph to be prepared in triplicate and ijupt isetouched nor mounted, one copy to be attached to the United States court or commissioner's docket, one to be furnished the oflacer in charge of the district in which the arrest occurs, and the other to be attached (iii the event that dieportation is finally ordered) to the writ •if deportation. ' This notation ehouH be written across some of the printing or witing on the certificate, so it can not be easily erased. , ' Such as name, age, place of birth, and residence, etc. 21892°— 13 5 66 RULES GOVERNING THE ADMISSION OF CHINESE. Arrcste- (6) When arrests occur at stations the officers of which are supplied with photographers' apparatus, the photo- — when photo- graphs will be made by such officers ; when in other local- ly other thanities, the immigration officers will have the photographs made by local photographers at the least possible expense compatible with a proper performance of the work, bills therefor to be rendered on the blank vouchers supplied for rendering accounts. — ptot^ph to (c) The copy of the photograph attached to the docket docket; of the court or comimissioner should be permanently af- fixed thereto and in such manner as to render as remote as possible the chance of any change or substitution being made, -to offlM record; (^) rpj^^ ^^p^ furnished the officer in charge of the dis- trict will be placed in his office records, together with a short history of the case to which it relates, being filed in such manner as to furnish a comprehensive record that can be readily referred to when needed at ^ny future time, ta^"""'^" («) The copy attached to the writ in case of deporta- tion should be affixed permanently thererto, and in such manner as to prevent the substitution of some other photograph therefor,' the objects of its use being to afford a means of identifying the alien,- as the person referred to in the writ, and to supply the immigration official at the port of deportation with a means of identi- fying the person delivered on board the vessel as such person. Deportation— EuLE 25. The appropriation "Expenses of regulating dent to; immigration" should be charged with the expense of deporting Chinese aliens arrested under the immigration law (unless the transportation company is responsible for a part of such expense), and with the following ex- penses connected with the deportation of Chinese under the Chinese-exclusion laws. (a) The cost of maintenance of Chinese persons who are taken into custody up to and including the date upon which warrant issued by a United States judge or com- missioner is received by the marshal.^ '■ The best method of obtaining this result is to impress the court or commissioner's seal over the edge of the photograph in such a way as not to mar or' deface the features represented thereby. ^ Eegaxdiag cost of photographing, see Rule 24. RULES GOVERNING THE ADMISSION OF CHINESE. ft? (h) The cost of maintenance of such. Chinese, com- deportation— mencing with the date writ of deportation is first received ^™* *": by the marshal, and in case of appeal, cost of mainte- nance up to the date of such appeal, and from the date of receipt by the marshal of the cotu-t's orders dismissing the appeal. (c) The cost of deportation, including railroad and steamship fares of prisoners and marshal or deputy, authorized expenses for guard hire, and maintenance en route. Upon receiving writs of deportation marshals should at — mstnictions t» 1 •.i 1 ^ . . ^ United States once make written report to the Commissioner General ™*rsi»ai» «>»- ■ . T-v ceming; of Immigration, Department of Labor, Washington, D. C, giving names of the Chinese, where confined in jaU, and when the period of appeal provided by section 13 of the act approved September 13, 1888, will expire. Instruc- tions will then be issued as to the route to be followed, number of guards to be employed, and to whom accounts are to be presented or forwarded for settlement. {d) Pursuant to the provisions of the act approved June j^^'^g^^'™'* 23, 1913,* any officer of the United States Immigration s^fiot; Service, Department of Labor, who may be detailed for that purpose by the Commissioner General of Immigra- tion, is designated to accept custody of Chinese persons who may be ordered deported under judicial writs. Im- migration officers to whom such Chinese are delivered by United States marshals shall give the latter a proper receipt showing such delivery and, for completion of the court records, shall also make return of the original writ in each case showing final disposition of the person named therein. . (e) In cases where United States marshals are requested n^JST^chL^ to make deUvery of Chinese for deportation at some point ^.^.^p"'*^ °^- requiring travel to reach there, actual and necessary ex- penses win be iallowed under the travel regulations of the Department of Labor. Government requests for trans- portation (Department of Labor) will, when practicable, be furnished to marshals by officers of the Immigration Service for the procurement of tickets required to accom- plish delivery of Chinese deportees to designated points. Guard lure (when authorized) and personal expenses of such guards wiQ be classed as "traveli ng expenses" of ' For said provision, see p. 32, ante. 68 BULBS GOVEKNING THE ADMISSION OF CHINBSB. DeporteUon- jjjg marshal or deputy making such desliveries, aod laust —charge^ Inci- -^ , , -, , dent thereto; \,q supported by appropriate receipts as sub,TQi»cheTs. -accounts tor (/ ) The accoimts of jailers, sheriffs, or other ojB&cers for «jb8istence, etc. gybsistencc fumishcd to Chinese persons and which may properly be payable from the appropriation "Expenses of regulating immigration" shall be rendered on Form 573 of the Department of Labor and transmitted by the mar- shal, after approval by him, to the commissioner of immi- gration or inspector in charge of the immigration district whence each such Qiinese person was ordered deported, for record and transmission to the department for settle- ment, accompanied by Form 421, duly certified. A like method of transmission shall be followed in the case of vouchers on Form 571, for traveling expenses. ^"J^"^ " KuLE 26. Under the authority conferred by section 7 of the act approved February 14, 1903, entitled "An act toai^tf*""""* *** establish the Department of Commerce and Laboir," and the act approved March 4, 1913, entitled "An act to estabhsh a Department of Labor," the authority, power, and jurisdiction in relation to the exclusion of Chinese persons and persons of Chinese descent vested fey law in collectors of customs are conferred upon and vested in officers in charge of districts (or inspectors acting under their direction) as follows, such officers being imder the control of the Commissioner General of Immi^^tian, and, pursuant to the said authority, the Chinese and immi- grant inspectors in the United States Immi^ation S^vice are hereby designated to exercise the powers of arrest conferred upon United States customs offiiciak and col- lectors of internal revenue and their deputies, by section 6 of the act approved May 5, 1892 (27 Stat., p. 25), as amended by section 1 of the act approved November 3, 1893 (28 Stat., p. 7). BULES GOVERNING THE ADMISSION OF CHINESE. 69 Dist. No. Title ol ofiBcer. Location of head- quarters. Extent of districts. Commissioner of im- mteration. .do. Chinese inspector in charge. Commissioner of im- migration. Inspector in charge . . . ....do.- Commissioner of im- migration. Inspebtor in charge . . .do. ...do.... ...do...- ...do.... ...do.... .do. Commissioner of im- migration. Inspector ia charge . . . Commissioner of im- migration. Inspector in charge . . - do Commissioner of im- migration. Inspector in charge. . - Supervising inspector . Montreal, P. Q. ada. Boston, Mass... Can- New New EUis Island, York Harbor. 17 State Street, York,N. Y. Philadelphia Immi- gration Station, Gloucester City, N. J. Baltimore, Md Norfolk, Va Jacksonville, Fla. New Orleans, La. Galveston, Tex . . Cleveland, Ohio. Chicago, III Minneapolis, Mi nn . St. Louis, Mo Denver, Colo Helena, Mont . Seattle, Wash. Portland, Oreg San Francisco, Cal . Pittsburgh, Pa Ketchikan, Alaska . San Juan, P. E Honolulu, Hawaii. . El Paso, Tex Canadian border and Canadian seaports.i New England States, including port of Boston and siibports of Portland and New Bedford. New York and New Jersey; immigration matters only. New York and New Jersey; Chinese matters only. Eastern Pennsylvania and Delaware; port of Phil- adelphia and substations of Chester and Wil- mington. Maryland and District of Columbia; port of Balti- more and subports of Annapolis and Washing- ton. Virginia and North Carolina; port of Norfolk and subports of Newport News and Wilmington. Georgia, Florida, Alabama, and South Carolina; port of Jacksonville and subports of Savannah, Brunswick, Tampa, Miami, Key West, Pensa- cola, Mobile, and Charleston. Louisiana, Mississippi, Arkansas, and Tennessee; port of Now Orleans and subports of Gultport and Pascagoula. The port of Galveston and subports of Port Arthur and Corpus Christi, Tex. The territory bounded on the north and east by the Louisiana-Texas border and the Gulf of Mexico; on the west by the westerly boundaries of the following counties in Texas: Shelby, Nacogdoches, Angelma, Polk, San Jacinto, Montgomery, Harris, Fort Bend, Wharton, Jackson, Victoria, Refugio, San Patri- cio, and Nueces; and on the south by the south- erly boundary of Nueces County, Tex. Ohio and Kentucky; substations at Toledo and Cincinnati. Illinois, Indiana, Michigan, and Wisconsm. Minnesota and North and South Dakota. Missouri, Iowa, Kansas, and Oklahoma. Colorado, Wyoming, Nebraska, and Utah; sub- station at Salt Lake City. Montana and Idaho; substation at Havre, Mont. Wasliington; port of Seattle and subports of Ta- coma. Port Townsend, Hoquiam, Everett, and Bellingham; substations, Spokane, Walla Walla, Custer, and Nooksack. ,,...■ Oregon; port of Portland and subport of Astoria. Northern California and Nevada; port of San Francisco; substations, Sacramento and Eureka. Western Pennsylvania and West Virginia. Alaska; port of Ketchikan and substations of Skairway and Nome. , ^ ^ , Porto N,ico; port of San Juan and subports of Ponce and Mayaguez. Territory of Hawaii^ includmg aU ports., Texas, except portion comprismg district No. 9, New Mexico, Arizona, and southern CaUlornia, port of El Paso; subports of Brownsville, Ea|le lass, Laredo, Hidalgo, and Del Eio, Tex^ iJo- gales, Dougla^,-and Naco, Ariz.; and San Diego, & iuanarcampo, and Calexico CaU substo- tioiis of San Antomo, Fort Worth, HIarlmgen, ArSrillo, and Big Springs, Tex.; TucumcarK Alamogordo, Albuquerque, San Marcial, and Doming, N. Mex.; Bowie, Benspn,and Phoena Iriz.; and Los Angeles, Santa Barbara San Luis Obispo, Fresno, Bakersfleld, and Andrade, Cal. 1 See Rule 12, Immigration Rules. A. Caminetti, Commissioner General of Immigration. Approved, January 24, 1914. W. B. Wilson, Secretary. INDEX. Page. Acts o( Congress relating to Chinese immi- gration — May 6, 1882, as amended in 1884 7 September 13, 1888 13 May 5, 1892 18 November 3, 1893 22 July 7, 1898 23 April 30, 1900 23 June 6, 1900 24 March 3, 1901 24 April 29, 1902 25 April 27, 1904 , 25 February 20, 1907 27 August 24, 1912 32 June 23, 1913 32 October22, 1913 33 Admissible classes of Chinese 27, 37 Admission of Chinese, department rules gov- erning 36 Aflirmative proof, applicants for admission must furnish 38 Agents, appointment of, to enforce laws 26 Alaska, immigration into 26 Aliens, excluded classes of 27 Appeal, additional time for perfecting 39 applicant apprised of right to 38 finality of decision of Secretary of Labor on 31,41 habeas corpus proceedings on 19 provision for, from deportation order 17 record, what constitutes 39 regulations concerning 38 time-allowed for perfecting 39 five days allowed for filing notice of 39 Applicants, private examination accorded to . 38 Arrest, of Chinese under immigration act and exclusion laws 64 Assets, laborer may return if he has certain. . 13 Bail, application for writ of habeas corpus does not permit of 19 pending deportation, Chinese may not be released on 23 Birth, evidence to establish 44, 65 Bond, arrested alien, release under 30 laborer in transit must give 58 seaman on shore leave must give 42 student, for temporary admission 43 temporary landing exempts 40 Burden of proof, applicant for admission must bear 38 Certificate, exempfclasses must have 8 expenses of deporting laborer with sec- tion 6 1^29 immigration officers may disprove state- ments of 10 no laborer may reenter without 15 penalties for fraud in use of 10 Certificate, retention of, at port of entry 51 See also Section 6 certificates. Certificate for identification on return, de- parting laborers must secure 15, 48, 49, 63 departing merchants and natives may se- ^■■e 52_66 Certificate of identity for admitted Chinese. . 60 forfeiture of gi limitation of use of. gi value of gj Certificate of residence, Chinese in insular pos- sessions must have 27 laborers required to procure 18 21 6a person not a laborer may procure 20 photograph of laborer to appear on 23 procedure for procuring duplicate 63 Charges incident to deportation 66 Cliild, admission of, of domiciled merchants. . 44 laborer may return if he has a resident. . . 13 China, officers who may issue section 6 certifi- cates to subjects of 4^ Citizenship, Chinese forbidden 12 Colonies. See Insular possessions. Commissioners, fees of United States 26 Comnfissioner General of Immigration, ap- peals to, inpretnvestigatedcases... 51,54,56 execution of exclusion laws placed under. 24 fwictions of collectors of internal revenue transferred to 68 Consular officers, exception in favor of Chi- nese 17 refusal to admit Chinese must be certified to Cliinese 39 Consular vis^, certificates mtist bear 9 Country other than China, deportation to 18, 64 Court record as evidence of lawful residence . . 16, 48,49,65 Criminals, registration not permitted to 21 Debts, laborer may return if there is due him 81,000 in 13 Decision, unless appealed immigration officers will give final 31 Department of Labor, reference to act estab- lishing the 26 Departure, readmission must be at port of. . . 15, 51,54,67 Deportation, certificates of residence neces- sary to avoid 18,19 Chinese held for, not to be imprisoned ... 19 expense of , by whom borne 12, 17, 30, 41, 66 issuing of order of 30, 66 regulations concerning 64, 66 statutory procedure for 11, 17, 30 Diplomatic officers, law does not apply to. 12, 17, 36 Disability, certification to delays in return caused by 14, 52 District attorneys, duties of 25 Districts, immigration 69 71 72 INDEX. Duplicates, issuance of, certificates of resi- dence 63 certificates of identity CO Entry of Chinese, by land 13 by water 13 Examination, at port 38 residents, preinvestigation of statue. . 49, 53, 55 residents, status unlaiown 64, 65 Evidence for admission, "Section 6" certifi- cates shall be sole 10 .Exceptions for vessels in distress 8 Exceptions to laws, for men admitted for ex- positions 26 Excluded classes of aliens 27 Exclusion laws, Commissioner General of Im- migration to enforce 24 no time limit on 25 Exempt classes , must have certificates 8, 20 officials, list of, who issue certificates to. 45 return certificates for 52 temporary landing under bond 40 certificate of identity for 60 transit of 59 what constitute 4, 10, 37 Exempt from examination, Chinese on vessels of foreign navies 38 Expensesofdeportation, liability for. 12,17,32,41,66 Expositions, admission of Chinese to take part in 26 Fees, United States commissioners entitled to , 25 Pelons, registration denied 21 Fines, fraud in uttering certificates punish- able by imprisonment and 10, 16, 21 persons who bring laborers into United States, subject to 7, 11, 13, 15 Foreign navies, Chinese on vessels of 38 i'oreign tax, deportation to China to avoid. . 18 Forgery of certificate, penalty for 10, 16, 21 Fraud, certificates procured by 10, 16, 21 Habeas corpus, apphcation for writ of 19 Hawaii, admission of Chinese citizens of 47 Chinese immigration laws extended to. . . 23 officers who may issue certificates to Chi- nese in 48 registered laborers in, not permitted to enter United States 23 Identification, maimer of 8, 19, 23, 49, 52, 5S. 60 certificates of 00 Immigration laws apply to Chinese 27, Imprisonment of debarred Chinese, law for, declared void lasular possessions, exclusion laws apply te 25-27, exclusion laws permit transit in regvUations governing migration of Chinese from transit from and between laborers, certificate of identity for 60 conditions for transit of 47 58 definition of term 12, 22 description of departing and returning. . . 49 exception in favor of resident 8 exclusion of, under laws of 1882 and 1884 . . 7 | 36, i 47,48 26,47 47,48 47 Page. Laborers, law regulating return of 13 limitation and suspension of immigration of 4 preinvestigationof status 40 Laborers, procedure for registration of resi- dent 62 readmission of returning ._. 48, 49 record of departing and returning 49, 51 registration of Hawaiian 134 registration of resident 18-23 Laborer's return certificate, evidence on which to issue 48, 49 law of 14 procedure for procuring 49 Land, entry of Chinese by u Legislation, treaty provides for 5 Limitation, exclusion laws relieved of 25 Loss of certificate 20,63 Mainland, definition of the term 26 Marriage, conditions of laborer's, entitling him to readmission 13 Masters, duties of, with regard to deportation of Chinese 41 iiabiUty of, for carrying excluded classes. 8, 11,29 penalty for violations by 17, 29 sworn list of passengers to be furnished by 10 Merchant, admission of wife and children of domiciled '. 44 certificates tor 8, 20, 62, 60 definition of the term 22 no restrictions on immigration of 4 preinvestigation of status of. 52 status prior to departure of domiciled 52 testimony required to establish status as former „ 22, 52 Matives of United States not excluded 37 admission of wives and children of 44 preinvestigation of status of S5 value of "commissioner's" certificates held by 16 Naturalization, Chinese, forbidden 12 Notice of sailing, masters must give 41 Officers, before whom deportation proceed- ings may be brought 16 OflJcials, Ust of. Who issue certificates to ex- empts 45 Officers in charge, description and location of. 69 Overtime certificates, consular ofiicers te certify to 14, 52 Parent, laborer may return if he has a resi- dent 13 Passengers, masters to furnish sworn list of. . . 10 Penalty, laborers bionght into United States under 7, H, 16 unlawful landing of Ghitfese under 11 use of fraudulent certificates under... 10,16,21 violation not specified under 13 violation on part of master under 15 Period of exclusion 7, 18, 25 Philippines, administration of immigration laws in 34, 88, 47, 48 officers who may issue certificates to Chinese in 46, 47 INDEX. 73 Page. Flulippines, registration ol Chinese in 27 Photograph, application for return certifi- cates must contain 49, 52, 55 certificate of identity must contain 61 laborer in transit must furnish a 59 must be furnished with applications for duplicate certificates 63 officers authorized to order 65 to be attached to writ of deportation and court docket 65 Fort, departure and readmission must be at same 15,51,54,67 Ports, Chinese may be admitted only through certain 15,32,36 Privileges, Chinese subjects in United States. 5 Promissory notes, readmission will not be granted on evidence of indebtedness shown by 14 Proof, Chinese claiming right to be in United States must show affirmative 18, 64 Chinese claiming right to enter United States must show affirmative 38 Property, laborer may return if he has certain . 13 Railway company, expense of transportation to be borne by 12,17,32,41,66 Readmission, port of departure must be tliat of 15,51,54,57 Record, applicant's attorney and Chinese con- sul allowed to examine 39 Reentry of laborers, certificates providing for . 13, 49 Registration, acts concerning 18, 22, 23, 25 fees not collectible for 21 jurisdiction over 62 laborers in Hawaii and Flulippines must submit to 23, 25 one certificate of , sufficient 49 resident laborer's 18, 22 return to laborers of certificate of 51 Record on appeal, what constitutes 39 Reopening decided cases 40, 51, 54, 56 Reports, statistical, immigration officers to make 36 Resident laborer, certificate to contain photo- graph of 23 certificates required of, in islands 23, 26 exception of 8 no fees for registration of 21 one registration sufficient for 49 registration of 18, 22 Return certificate, evidence on which to issue 13,49,52,55 issue of 13,49,52,55 persons entitled to 49, 52, 55 Returning, exempts, readmission of 64 laborers, readmission of. 51 natives, readmission of 67 Rnlea, admission of Chinese under certain ... 36 enforcement of immigration laws under certain 36 power formaking 15, 21 Seamen, bond required for Chinese 42 Chinese, arelaborers 41 Secretary of Labor, appeals to 38 Section 6 (act July 5, 1884) , certificates for es- empts g Sickness, certification for delays in relijrn caused by j^ 52 delay in procurmg certificate of residence "J»6to 19,20 extra time aUowed a Chinese laborer on account of 14 5^ State ofilcers, authority of, in deportation cases j2 Steamship company, expense of deportation to be borne by 4 [ Student, definition of 42 certificates of identity for go immigration of 4 return certificates for 52 "Section 6" certificates for 8 temporary landing under bond a Subjects of China, rights in United States of . . 4 Sworn lists of passengers, masters to furnish. . 19 penalty for refusal to furnish. 11 Tax, deportation to China to avoid 18 method of coUocting head SS Teachers, immigration of 4 certificates of identity for 68 return certificates for 58 "Section 6" certificates for 8 Temporary landing under bond 40 Ticket, laborer in transit must have prepaid . . 68 Time limitation, exclusion laws relieved of . , 25 Tourists, immigration of 4 certificates of identity for W "Seccion6" certificates for 8 Transit, conditions for laborer's 58 exempt classes in 69 insular possessions 26,47 Transportation company, expenses of de- portation to be borne by 41 Travelers, immigration of 4 certificates of identity tor 60 "Section 6" certificates for 8 Treatment of Chinese subjects in United States 4 Treaty of 1880, text of the... S United States attorneys to designate United States conunissioners before whom Chinese to be tried 25 Unlawful landing, penalty for assisting in. . . II Vancouver, Chinese coming from Orient through Canada shall be examined at . . 36 Vessel, exception in favor of, in distress 8 master of, liable for infractions of laws... 8 violations punishable by forfeiture of 11 Visd, certificates must liave consular » Warrant for arrest, rules for issuance of 64 Wife, admission of , of exempt or native 44 laborer may retumifhehasaresident... 13 Witnesses, examination of 38,65 Writ of deportation, identification by the. ... 66 Writ of habeas corpus, bail not aUowed on. . . 19 only conditions under which aUowed. . . . 19, 93 o JV 6873.A2"1914™''">' """"'^ ^'*1llriimlllllIlimiiite,,aS''e™i"9 the ad 3 1924 023 463 833 '-.■v--r '.^-^ .-/■•• ,m •-: ■ ^?' ■■■".>■'■■ -^vTa ..\ K •■ ■ - i ,>■■,.. -^ !^..';. ^. ,,''1- ."w • " ' > J --J STBDfl 1^..,