bonds may be registrable as to principal alone or both principal and interest and shall be in such form not inconsistent with this joint resolution, and be payable at such place or places, as the Commission may determine. The Commission may repurchase and may reserve the right to redeem all or any of said bonds before maturity at prices not exceeding one hundred and five and accrued interest. The Commission may enter into an agreement with any bank or trust company in the United States as trustee having the power to make such agreement, setting forth the duties of the Commission in respect of the construction, maintenance, operation, repair, and insurance of the bridge; the conservation and application of all funds; the safeguarding of moneys on hand or on deposit; and the rights and remedies of said trustee and the holders of the bonds, restricting the individual right of action of the bondholders as is customary in trust agreements respecting bonds of corporations. Such trust agreement may contain such provision for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper and not inconsistent with the law and also a provision for approval by the original purchasers of the bonds of the employment of consulting engineers and of the security given by bridge contractors and by any bank or trust company in which the proceeds of bonds or of bridge tolls or other moneys of the Commission shall be deposited, and may provide that no contract for construction shall be made without the approval of the consulting engineers. [The bridge constructed under the authority of this joint resolution shall be deemed to be an instrumentality for international commerce authorized by the Government of the United States, and said bridge and the income derived therefrom shall be exempt from all Federal, State, municipal, and local taxation, and said bonds and the interest thereon shall be exempt from all Federal, State, municipal, and local taxation.] Said bonds shall be sold in such manner and at such price as the Commission may determine, such price to be not less than the price at which the interest-yield basis will equal 6 per centum per annum as computed from standard tables of bond values, and the face amount thereof shall be so calculated as to produce, at the price of their sale, the estimated cost of the bridge and its approaches and the land, easements, and appurtenances used in connection therewith. The cost of the bridge shall be deemed to include interest during construction of the bridge and for twenty-four months thereafter, and all engineering, legal, architectural, traffic surveying, and other expenses incident to the construction of the bridge or property, and incident to the financing thereof, including the cost of acquiring existing franchises, rights, plans, and works of and relating to the bridge, now owned by any person, firm, or corporation, and the cost of purchasing all or any part of the shares of stock of any such corporate owner if in the judgment of the Commission such purchases should be found expedient. If the proceeds of the bonds issued shall exceed the cost as finally determined, the excess shall be placed in the sinking fund hereinafter provided. Prior to the preparation of definitive bonds the Commission may under like restrictions issue temporary bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

This proposed legislation merely extends the times for commencing and completing the construction of a bridge across the Niagara River, at or near the city of Niagara Falls, N. Y., and the city of Niagara Falls, Canada, which was authorized to be built by the Niagara Falls Bridge Commission by an act of Congress approved June 16, 1938 (52 Stat. 767). This extension of time is necessary in order to comply with an act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906 (34 Stat. 84).

On May 15, 1939, your committee reported H. R. 6109, a bill entitled "An Act to extend the times for commencing and completing the construction of a bridge across the Niagara River at or near the city of Niagara Falls, New York."

On June 20, 1939, the President submitted a veto message (H. Doc. 348, 76th Cong., 1st sess.), as follows:

To the House of Representatives:

I return herewith, without my approval, H. R. 6109, a bill entitled "An Act to extend the times for commencing and completing the construction of a bridge across the Niagara River at or near the city of Niagara Falls, N. Y.”

The act of June 16, 1938 (Public, No. 117, 75th Cong.), authorizing the construction of this bridge, provided, in section 4 thereof, that "The bridge constructed under the authority of this joint resolution shall be deemed to be an instrumentality for international commerce authorized by the Government of the United States, and said bridge and the income derived therefrom shall be exempt from all Federal, State, municipal, and local taxation, and said bonds and the interest thereon shall be exempt from all Federal, State, municipal, and local taxation." Previous to the enactment of the act of June 16, 1938, and subsequent thereto, I have withheld my approval of a number of bills authorizing the construction of bridges where such bills contained tax-exemption provisions similar to those contained in the act of June 16, 1938, because I could find no compelling reason for relieving such bridges of such taxation. In approving the act of June 16, 1938, its tax-exemption provisions were overlooked. I propose to correct this oversight by withholding my approval of H. R. 6109.

I am not opposed to legislation authorizing the construction of the Niagara Falls bridge, and if a bill should be enacted to accomplish this purpose, without containing tax-exemption provisions, I would be glad to give it my approval.

I am especially mindful, as I am certain the Congress is also, that the trend of public opinion and of legislative action is toward the ending of all tax-exempt features in the issuance of future securities of any nature, public or private. FRANKLIN D. ROOSEVELT.

THE WHITE HOUSE, June 20, 1939. This legislation merely complies with the suggestion as outlined in the President's veto message printed above.

О

CHAIM WAKERMAN OR HYMAN WAKERMAN

JUNE 30, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. MACIEJEWSKI, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany H. R. 3148]

The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 3148) for the relief of Chaim Wakerman or Hyman Wakerman, having considered the same, report it back to the House without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of this bill is to record the lawful admission for permanent residence of this alien.

GENERAL INFORMATION

There is no actual fraud connected with the issuance of the visa. There appeared in support of this bill a representative from the office of Congressman Buckley, and also an attorney representing the alien.

There was also present a representative of the Department of Labor with the files of the Department in the case.

The facts in the case as presented to the committee at the hearing are, briefly, as follows:

The father of the alien Wakerman came to the United States legally and became a citizen. After he received his citizenship, he made application to bring in his wife and family on a nonquota visa.

At that time, in 1929, the alien was 20 years of age, and, therefore, entitled to come to the United States as the minor unmarried son of an American citizen.

This young man was engaged to be married to a girl in his native country, Poland, and after he had received his visa legally, and the day before he was to embark for the United States, he was told by his

sweetheart that he was to become a father. Thereupon, unknown to his parents, he married his fiancée and sailed for the United States. By reason of the fact that he was a minor when his father became a citizen, he was granted citizenship as an unmarried, minor child. Soon after attaining his majority, he applied as an American citizen for a passport and returned to Poland, and there applied to the visa officer for a visa for his wife and baby.

Upon a showing as being an American citizen, he was granted visas and returned to the United States and has remained here ever since. It became known to the Department that this alien had married before embarking as an unmarried minor and he is, therefore, deportable.

His father has since died and he is the support of his wife and mother and his child.

The committee, after full consideration of the circumstances in the case, believe that leniency should be extended and, therefore, report the bill favorably.

There was filed with the committee numerous letters of endorsements as to the good character of the alien. There is also attached a letter from the Department of Labor setting forth the case.

DEPARTMENT OF LABOR,

IMMIGRATION AND NATURALIZATION SERVICE,
Washington, May 19, 1939.

Hon. SAMUEL DICKSTEIN, M. C.,
Chairman, House Committee on Immigration,

House of Representatives, Washington, D. C.

MY DEAR CONGRESSMAN DICKSTEIN: Pursuant to the promise made by Mr. Shaughnessy on May 17, the following facts are submitted with reference to the case of Chaim or Hyman Wakerman or Wakermann, in whose behalf H. R. 3148 is now pending before your committee.

The above-named alien is a 30-year-old, married, native of Poland, alleged citizen of the United States, Hebrew race, salesman by occupation, who last arrived in the United States on the S. S. Normandie on August 30, 1937, at the port of New York, and was discharged as a United States citizen.

Wakerman's claim to citizenship rests upon the theory that as he was admitted to the United States while yet a minor, for permanent residence, and subsequent to the naturalization of his father, he might assume the status of citizenship by derivation under the terms of section 5 of the act of March 2, 1907 (34 Stat. 1229, U. S. C., title 8, sec. 8), which provides: "A child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization or resumption of American citizenship by the parent, where such naturalization or resumption takes place during the minority of such child. The citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States."

Unless the subject was lawfully admitted to the United States for permanent residence he did not begin to reside permanently in the United States and therefore, notwithstanding that he was a minor and his father was a naturalized citizen, he did not derive citizenship as claimed. United States v. Tod (C. C. A., 2d, 1924), (297 F. 385, certiorari dismissed 267 U. S. 607); U. S. v. Rodgers (C. C. A. 3d, 1911), 185 F. 334).

The subject's father, Louis Wakerman, a resident of the United States, was naturalized in the United States District Court, Eastern District, Brooklyn, N. Y., upon his petition No. 64,655 June 2, 1927, and was issued certificate of citizenship No. 465,956. On his petition pursuant to section 9 of the Immigration Act of 1924 (43 Stat. 157, U. S. C., t. 8, sec. 209), showing his naturalization and his desire to have his son, the subject of these proceedings, accorded a nonquota status pursuant to section 4 (a) of the same act (U. S. C., t. 8, sec. 204 (a)), the petition was approved and nonquota status authorized for the subject. The Secretary of State was duly informed and in turn the American consul in Warsaw was authorized to issue a nonquota immigration visa. On April 24, 1929, the