It appears from the file of the Immigration and Naturalization Service of this Department that the beneficiary of this bill was born in Beckenham, Kent, England, on June 15, 1913, and that he is a citizen of Great Britain. Mr. Malpas entered the United States at the port of San Pedro, Calif., on May 2, 1945, and was lawfully admitted as a temporary visitor to the United States for a period of 1 year. He was one of several British evacuees from the Philippine Islands destined to Great Britain, their transportation to be paid by the British Government. Following his admission to the United States, Mr. Malpas accepted employment with the F. T. Andrews Co., San Francisco, Calif., as an accountant. He made an effort to legalize his residence in this country by making application for voluntary departure and preexamination with the view of proceeding to Canada and obtaining a visa to enter the United States. He submitted with his application a photostatic copy of a letter from the Canadian Department of Mines and Resources, Bureau of Immigration, granting him permission to enter Canada. He later entered the California Sanitorium at Belmont, Calif., in August 1946 to receive extended treatments for tuberculosis and remained until March 1947. He now lives at 15 Herman Street, San Francisco, Calif., and is receiving treatments for tuberculosis from Dr. S. M. Farber, San Francisco, Calif.

Due to his tubercular condition, the alien has not been permanently employed since August 1946, with the exception of a period of 3 months during the incometax rush in 1949. His employers, Peat, Marwick, Mitchell & Co., an accounting firm, stated that during the time he worked for them he earned $90 a week; that his work was of excellent quality, and that his condition did not affect the output of his work as an accountant. His former employers, F. T. Andrews & Co., say they will give him permanent employment after his recovery. It appears from all reports that he is a person of excellent character.

The quota of Great Britain to which the subject is chargeable is open and the beneficiary of this bill would have little difficulty in obtaining an immigration visa. However, he is mandatorily excludable from the United States under section 3 of the Immigration Act of 1917 as a person who is afflicted with tuberculosis. He has no close family ties in the United States at this time, and the record in his case does not disclose any impelling circumstances to justify granting him an exemption from the usual requirements of the immigration laws. Accordingly, the Department of Justice is unable to recommend the enactment of the bill.

Yours sincerely,

PEYTON FORD,
The Assistant to the Attorney General.

Mr. Havenner, the author of the bill, and a representative of the Veterans of Foreign Wars appeared before a subcommittee of the Committee on the Judiciary and urged the enactment of the measure, pointing out to the fact that the beneficiary's tubercular condition appears to be improving and that the case has been diagnosed recently as arrested tuberculosis, making the beneficiary harmless. He is employed as a public accountant by a San Francisco accounting firm and part time by the Veterans of Foreign Wars.

Having considered the merits of the case, the committee is of the opinion that H. R. 1038 should be enacted, and it accordingly so recommends its enactment.

ETHEL ROTH

JUNE 22, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. CHELF, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 1447)

The Committee on the Judiciary, to whom was referred the bill (H. R. 1447) for the relief of Ethel Roth, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to permit Miss Ethel Roth, born in Hungary, 74 years old, to return. to the United States where she resided for 50 years since 1886 until 1936.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter from the assistant to the Attorney General, to the chairman of the committee, which letter reads as follows:

Hon. EMANUEL CELLER,

MAY 13, 1949.

Chairman, Committee on the Judiciary, House of Representatives,

Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 1447) "For the relief of Ethel Roth."

H. R. 1447 provides that in the administration of the immigration laws, Ethel Roth, a Hungarian national residing in Canada, shall, upon application at a port of entry into the United States, be admitted for permanent residence as a returning immigrant without an immigration visa. provided she meets all other requirements of the immigration laws.

It appears from the file of the Immigration and Naturalization Service of this Department which is meager and based on facts furnished by the alien's niece and nephew that Miss Roth was born on March 9, 1874 near Budapest, Hungary. Her first entry into the United States was in 1886 or 1888, at which time she was admitted for permanent residence with her mother and two sisters There has

been, however, no documentary proof of this admission submitted by the alien. The mother died, one sister married and moved to Canada and the other sister still resides in the United States. The alien also has a brother who is a citizen of the United States and lives in this country. In 1936 Miss Roth moved to Canada to care for her married sister who was quite ill. Both her sister and brother-in-law subsequently died and she remained in Canada from November 1947 to date, to settle their affairs and now desires to return to the United States to live permanently.

The American Vice Consul at Quebec, Canada, has taken the position that even should Miss Roth produce documentary evidence of her lawful entry in 1886 or 1888, such a protracted sojourn as continuous residence in Canada for 12 years could not be possibly interpreted as rendering her a temporary visitor and furnishing a basis for favorable consideration of her request to enter the United States as a returning resident alien under section 4 (b) of the Immigration Act of 1924. This section provides nonquota status for "an immigrant previously lawfully admitted to the United States. who is returning from a temporary visit abroad."

There is nothing in the files of this Department which would reflect anything of a detrimental nature so far as the alien is concerned or which indicates that she has conducted herself other than as a person of good moral character. The Hungarian quota to which Miss Roth is chargeable is oversubscribed and a visa will not, therefore, be readily obtainable. However, the facts in Miss Roth's case are not deemed to be of such a nature as to justify considering this alien for preference over the many worthy aliens in other countries who are waiting their turn for quota numbers, and who would make equally as good citizens. Accordingly, this Department is unable to recommend the enactment of this legislation. Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General.

Mr. Boggs of Delaware, the author of the bill, and Mr. and Mrs. Oscar J. Nemesh of Harrington, Del., the nephew and niece respectively of the alien, appeared before a subcommittee of the Committee on the Judiciary and submitted additional information which is quoted below in excerpts:

Mr. and Mrs. Oscar J. Nemesh of Harrington, Delaware, on behalf of their aunt, Miss Ethel Roth, are requesting authority for Miss Roth to reenter the United States from Canada.

The basis of this request is under the authority or tha provision of the law with which you are familiar and which reads as follows:

"Aliens returning after a temporary absence to an unrelinquished United States domicle of seven consecutive years may be admitted in the discretion of the Attorney General, and under such conditions as he may prescribe-"

I am enclosing a copy of a letter from Mr. and Mrs. Nemesh addressed to me which sets forth the facts in this case. This letter, as you will note, indicates definitely that Miss Roth's domicile was in the United States for not only even consecutive years, but reached a total of some fifty consecutive years and that she only eft the United States on a mission of mercy to care for sick relatives and with full intention of returning to the United States. She has been away only temporarily even though the stay was an extended one under the circumstances. In behalf of Mr. and Mrs. Nemesh who are constituents of mine and whom I have known for a considerable period of time, I would like to say that they are substantial, highly regarded citizens of their community and of the State of Delaware. Mr. Nemesh is a veteran of the United States Army of World War I and served as civilian soldier in World War II having been a district director in the Aircraft Warning Service and aircraft recognition instructor. He also holds the status of United States Army Air Force Civilian Reserve. In addition, he is a farmer near Harrington, Del. His wife, Mrs. Ruth W. Nemesh, has been a school teacher in Delaware schools for a continuous period of 21 years and was a teacher in the schools of Pennsylvania for 13 years preceding that.

We are hereby requesting your help and assistance in order to secure proper authority for the reentry into the United States from Canada of our aunt, Miss Ethel Roth. Miss Roth was born on March 9, 1874, near Budapest, Hungary. I do not know what else I could say that would speak more highly of the caliber of these people than the points I have just mentioned above;

*

J. CALEB BOGGS, Member of Congress.

She came to the United States in 1886 and lived in the United States until October 12, 1936. Miss Roth originally entered the United States along with her mother and two sisters. The entry into the United States was proper and legal under existing law of that time. The mother and her three daughters (including Miss Roth) lived in the United States until the mother died in about 1908. One of these sisters of Miss Roth married and moved to Canada to live. The other sister is still living and resides in Philadelphia, Pa, and is 79 years old. In 1936 Miss Roth's sister who had moved to Canada with her husband became ill and needed the care and attention which Miss Roth could give; and for that purpose Miss Roth went to Canada and took care of her sister until her death After her sister's death, Miss Roth stayed on to take care of her sister's husband, who was elderly and had suffered two strokes. Since his death, which was last November, Miss Roth has now completed the affairs of the family and wishes to return to her home in the United States where, as you will note from the dates mentioned above, she resided for over a period of 50 years.

It was never her intention to relinquish her domicile in the United States and her trip to Canada, while an extended one, could have been for just a brief time. However, in undertaking the responsibility to nurse and assist her relatives, she was unable to actually determine the time which would be involved. As time went on she did not fee! inclined to give up the responsibility which she had undertaken-even though it was her continuous desire to return to the United States at the very earliest opportunity

Miss Roth's brother subsequently came to the United States and has been naturalized and is a citizen of the United States. Miss Roth's sister who presently resides in Philadelphia is a citizen of the United States also. Miss Roth, however, never applied for citizenship papers and never married. It was not that she did not consider herself an American citizen, but the necessity for applying for those papers had never been properly impressed upon her even though she fully considered herself an American citizen and was so treated by everyone. including her church and other associates

Miss Roth, even at her elderly age, is not an indigent person and has funds to adequately provide for herself so that she will not ever become a public charge and, furthermore, her niece and nephew (we, who make this request) vouch and will undertake full responsibility for her. providing for her a home and other necessities in her old age.

It may be further stated that Miss Roth has an unquestionable record of good character and loyalty to the United States of America, and her reputation has never been reflected upon.

OSCAR J. NEMESH.

RUTH W. NEMESH