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opportunity to work, than to admit one of those unruly agitators who can not only read and write, but delights in arousing by inflammatory speech the illiterate and peacefully inclined to discontent." Those classes which we ought to exclude, he claimed, should be legislated against directly.

Sections of the bill declaring it a crime for an alien regularly to come into the United States for the purpose of obtaining work from private parties, President Cleveland declared, were "illiberal, narrow, and un-American," and, besides, he said, the residents of these border States and Territories "have separate and especial interests which in many cases make an interchange of labor between their people and their alien neighbors most important, frequently with the advantage largely in favor of our citizens."

On March 3, 1897, the House passed the bill over the President's veto by a vote of 193 to 37, but no action was taken in the Senate, and considering the close vote by which the conference report was adopted by the Senate it is very doubtful whether it could have been passed over the veto.

In the Fifty-fifth Congress the bill which President Cleveland vetoed was again introduced and passed the Senate by a vote of 45 to 28, but the House of Representatives refused to consider it by a vote of 103 to 101.

INVESTIGATIONS BY THE INDUSTRIAL COMMISSION.

By an act of June 18, 1898, the Industrial Commission was created. Section 2 of this act provided:

That it shall be the duty of this commission to investigate questions pertaining to immigration, and to report to Congress and to suggest such legislation as it may deem best upon these subjects.

The final report of this commission containing recommendations relative to immigration legislation was submitted to Congress on February 20, 1902, and shortly afterwards a bill was introduced in the House which was substantially in accord with the recommendations made. The principal object of the bill was to codify in concise form all immigration legislation before enacted, from the act of March 3, 1875, to the act of 1894, and to arrange the legislation in regular order and sequence according to the various specific subjects dealt with in the bill.

When the Industrial Commission bill was before the House, an amendment was added providing for the exclusion of all persons over 15 who were unable to read the English language or some other language, excepting the wife, children under 18 years of age, and parents and grandparents of admissible immigrants. This amendment was adopted in the House by a vote of 86 to 7. With the addition of the literacy test provision the bill passed the House May 27, 1902, practically as introduced, but the Senate did not act upon it until the following session. Besides eliminating the educational test and raising the head tax from $1 to $2, the Senate added provisions making it unlawful for any person to assist in the unlawful entry or naturalization of alien anarchists. These amendments were accepted by the House. Before the final passage of the bill a provision was added providing that no alien, even if belonging in the excluded

classes, should be deported if liable to execution for a religious offense in the country from which he came, but this provision was eliminated in conference. The bill was approved by the President March 3, 1903.

From the act of March 3, 1903, until the act of February 20, 1907, no laws of general importance affecting immigration were enacted by Congress. On February 14, 1903, the Department of Commerce and Labor was established and the Commissioner-General of Immigration was placed under the jurisdiction and supervision of that department. By the law of June 29, 1906, providing for a uniform rule for the naturalization of aliens, the designation of the Bureau of Immigration was changed to the Bureau of Immigration and Naturalization, and it was charged with the administration of the new naturalization law.

The agitation of the immigration question was continued, however, and at each session of Congress several bills proposing restrictions or a stricter supervision of immigration were introduced. In the Fifty-eighth Congress a bill was introduced which proposed to limit the number of aliens from any one nation allowed to enter the United States in any one fiscal year to 80,000, but no action was taken upon it.

THE IMMIGRATION LAW OF 1907.

In the first session of the Fifty-ninth Congress, following the popular demand for the further regulation of alien immigration, several bills were introduced and bills were passed by both the Senate and House, but were not finally enacted into law until the second session of that Congress. A bill introduced by Senator Dillingham, of Vermont, which provided for some important administrative changes in the immigration act of 1903, was reported from the Senate committee March 29, 1906. This bill, as reported, proposed several changes in the law. The head tax on immigrants was increased from $2 to $5; imbeciles, feeble-minded persons, unaccompanied children under 17 years of age, and persons "who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect being of a nature which may affect the ability of such aliens to earn a living," were added to the excluded classes; the provision of existing law excluding prostitutes was amended to also exclude "women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; " steamship companies were required to furnish lists of outgoing passengers; and the creation of a division of distribution in the Bureau of Immigration was authorized.

In the Senate the bill was amended by the insertion of a literacy test which provided for the exclusion from the United States of— all persons over sixteen years of age and physically capable of reading who can not read the English language or some other language; but an admissible immigrant or a person now in or hereafter admitted to this country may bring in or send for his wife, his children under eighteen years of age, and his parents or grandparents over fifty years of age, if they are otherwise admissible, whether they are so able to read or not.

a 32 Stat., pt. 1, p. 1213.

The bill as amended passed the Senate May 23, 1906, and in the House was referred to the Committee on Immigration and Naturalization. This committee recommended the substitution of a House bill which, however, did not differ materially from that of the Senate. The head tax provision was the same and the additions to the excluded classes practically so; a literacy test similar to that of the Senate was also included. The bill as originally reported by the House committee also provided for the exclusion of every adult male who had not $25 in his possession, and every female alien and every male alien under 16 years not possessed of $15, provided that $50 in the possession of the head of a family would be considered a sufficient amount for all members of such family, except grown sons.

In a subsequent bill and report,' presented June 11, 1906, however, the money qualification feature was omitted. The reports of the House committee were accompanied by a minority report, signed by two members of the committee, Mr. Bennet and Mr. Ruppert, both of New York, in which the increased head tax and the educational test provisions were disagreed to. In the House of Representatives the bill was amended by striking out the increased head-tax provision and the provision for a literacy test, by inserting a section creating the Immigration Commission, and by adopting the so-called Littauer amendment, which provided as follows:

That an immigrant who proves that he is seeking admission to this country solely to avoid prosecution or punishment on religious or political grounds, for an offense of a political character, or prosecution involving danger of punishment, or danger to life or limb on account of religious belief, shall not be deported because of want of means or the probability of his being unable to earn a livelihood.

In conference between the two Houses the Senate receded from its provision relative to a literacy test; the House receded from the Littauer amendment; the head-tax provision was compromised by fixing the amount at $4, instead of $5 as provided by the Senate and $2 as provided by the House; the House amendment creating the Immigration Commission was agreed to with an amendment, which provided that the Commission should consist of three Senators, three Members of the House of Representatives, and three persons to be appointed by the President of the United States, instead of two Senators, three Members of the House, and two citizen members, as was provided in the House amendment. The section creating the Commission was further amended in conference by the addition of the following provision:

* the President of the United States is also authorized, in the name of the Government of the United States, to call, in his discretion, an international conference, to assemble at such point as may be agreed upon, or to send special commissioners to any foreign country, for the purpose of regulating by international agreement, subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States; of providing for the mental, moral, and physical examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign governments in their own territories to prevent the evasion of the laws of the United States

59th Cong., 1st sess., H. R. 17941 (H. Rept. No. 3021).
59th Cong., 1st sess., H. R. 18673 (H. Rept. No. 363).

governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such immigration.

The conferees also added a new section (sec. 42) to the bill amending section 1 of the passenger act of 1882 relative to air space allotted to steerage passengers, and amended section 1 of the immigration bill under consideration by inserting the following provision:

That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, the President may refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such other country or from such insular possessions or from the Canal Zone.

Later this provision of law was utilized for the purpose of excluding Japanese and Korean laborers from the United States. This bill was approved February 20, 1907, and is the present law upon the subject.

LEGISLATION FOR THE SUPPRESSION OF THE WHITE-SLAVE TRAFFIC.

By the act of March 26, 1910, sections 2 and 3 of the immigration law of February 20, 1907, were amended to more effectively prevent the importation of women and girls for immoral purposes and their control by importers and others after admission to the United States. These amendments followed recommendations of the Immigration Commission contained in a report of the Commission on the importation and harboring of women for immoral purposes.

By the act of March 26 the following were added to the classes excluded by section 2 of the immigration act: "Persons who are sup-ported by or receive in full or in part the proceeds of prostitution." Under the terms of the act of 1907 "women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose," and also "persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose," were specifically excluded from the United States. Under that law, however, there was no specific provision for the exclusion of that particularly reprehensible class of persons referred to in the act of March 26, 1910. By the amendment of section 3 of the law of 1907 additional means were provided for the punishment and deportation of aliens who in any way profited or derived benefit from the proceeds of prostitution.

The agitation of the white-slave traffic in Congress also resulted in the enactment of a law prohibiting the transportation of persons from one State to another for purposes of prostitution.

"See Steerage Legislation, 1819-1908. Reports of the Immigration Commission, vol. 39. (S. Doc. No. 661, 61st Cong., 3d sess.)

b34 Stat., pt. 1, p. 898.

See pp. 731-744.

d See Importation and Harboring of Women for Immoral Purposes. Reports of the Immigration Commission, vol. 37. (S. Doc. No. 196, 61st Cong., 2d sess.) e Public act No. 277, 61st Cong., 2d sess., approved June 25, 1910. 744-747 of this volume.

See pp.

CHINESE LEGISLATION.

In the early fifties, when the Chinese first came to California in any considerable numbers, it is said that the people of San Francisco regarded "with admiration and pride" these "picturesque and fartraveling immigrants." The movement developed rapidly and supplied cheap labor for the construction of railways. It appears that there was little objection to their coming at that time, but later when they entered the mines and became successful competitors of white men and women in other lines of work, an opposition to their immigration arose which has since continued. This opposition was soon expressed in state laws for the suppression of such immigration. In 1853 a law taxing all foreign miners was enacted in California, but in practice such tax was collected only from the Chinese. In 1855 California imposed a tax of $55 upon every Chinese immigrant, and in 1858 a law was passed prohibiting all Chinese or Mongolians from entering the State, unless driven on shore by weather or some accident, in which case it was provided they should be immediately sent out of the country. In 1862 another act was passed providing for a head tax of $2.50 upon all arriving Mongolians 18 years of age or over, unless they were engaged in the production and manufacture of sugar, rice, coffee, or tea. These different state laws were declared unconstitutional by the supreme court of California. In the same manner the cities of the Pacific coast passed ordinances directly or indirectly affecting the Chinese. Notwithstanding adverse decisions of the state courts California persisted in attempts to repress Chinese immigation, but finally all such attempts were rendered futile by the decision of the United States Supreme Court that the regulation of immigration was a subject for national rather than state legislation. Even before this decision, however, California appealed to Congress for national legislation to stop Chinese immigration.

The first consideration given to Chinese immigration in Congress resulted in the law of 1862 prohibiting the coolie trade, which has been referred to as the first attempt of Congress to regulate immigration. All debates in Congress and reports on the subject, however, show that the question of the importation of Chinese coolies into the United States was not considered, the only purpose of the act being to prevent American vessels from carrying on this coolie or slave trade, especially between China and the West Indies, although to some extent it was also carried on with South American ports.

THE BURLINGAME TREATY.

Although political relations of the United States with China date back to the year 1844, the first treaty in which emigration from one country to the other was considered was the Burlingame treaty, proclaimed July 28, 1868. Sections 5 and 6 of that treaty state the position of the United States respecting the rights of Chinese in this country. The inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migra

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