JOHN B. BOYLE

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

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

following

REPORT

[To accompany H. R. 2602]

The Committee on the Judiciary, to whom was referred the bill (H. R. 2602) for the relief of John B. Boyle, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass.

The amendment is as follows:

On line 4, after the words "Immigration Act of 1917," add: "as amended (39 Stat. 875-878, 8 U. S. C. 136)".

PURPOSE OF THE BILL

The purpose of the bill is to provide for the admission into the United States of a native and citizen of Canada, 33 years old, notwithstanding the exclusion clauses of the immigration and naturalization laws applicable to persons guilty of crimes involving moral turpitude.

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, dated May 25, 1949, which letter reads as follows:

Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

MAY 25, 1949.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice with respect to the bill (H. R. 2602) for the relief of John B. Boyle, an alien.

The bill would provide that notwithstanding the provisions of the eleventh category of section 3 of the Immigration Act of 1917, which excludes persons guilty

of crimes involving moral turpitude, John B. Boyle, a native of Canada, may be admitted into the United States for permanent residence if he is found otherwise admissible under the provisions of the immigration laws.

The records of the Immigration and Naturalization Service of this Department disclose that the alien is 33 years of age, a native and citizen of Canada, and at present is residing in Montreal with his wife and child. He first entered the United States at Portal, N. Dak., on November 10, 1945, as a student to attend Cornell University at Ithaca, N. Y., under the provisions of the Canadian Veterans Rehabilitation Act. His student permit was extended until August 25, 1947, and since that time he apparently has resided in Canada. While in the United States he married a legally resident alien and a son was born to them in Ithaca, N. Y. On January 25, 1940, the alien was convicted in Regina, Saskatchewan, of stealing a letter from the mails while he was employed in the post office, and was sentenced to imprisonment for 3 years. Upon his release after serving 14 months of his sentence he enlisted in the Royal Canadian Navy where he served honorably for 4 years.

The alien has been unable to obtain an immigration visa due to the fact that he is mandatorily excludable from the United States because of the commission by him of a crime involving moral turpitude (sec. 3, Immigration Act of 1917, 8 U. S. C. 136). The record fails to disclose sufficient reason to justify waiving the general provisions of the immigration law in this case.

Accordingly, this Department is unable to recommend enactment of the bill Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General.

The subcommittee has received numerous affidavits testifying to the good moral record of the beneficiary of this measure and they are hereinafter quoted in full:

ROBERT WATSON, Esq.,

MARTIN J. BRUTON, 2140 ATHOL STREET, Regina, Saskatchewan, July 31, 1948.

Attorney at Law, Tower Building, Washington 5, D. C.

DEAR SIR: Mr. George G. Grant, a resident of this city, has advised me that Mr. John Boyle at present residing in Montreal, is anxious to establish permanent residence in the United States.

I have known this young man since childhood. He is now about 33 years of age, the son of Mr. and Mrs. T. H. Boyle, who bear stainless reputations and are among our most respected citizens. Mr. Boyle and his brother, Mr. J. J. Boyle, own and operate the King's Hotel (one of the first-class hotels of this city). John is one of a family of 8 children, reared by God-fearing parents in a religious atmosphere, all of whom with the one exception, have perfect records and are among the most respected families in the city of Regina.

Having held the position of chief constable of Regina for 31 years and holding office at the time this young man committed the offense recorded against him, I was in a position to judge the terrible shock it proved to his family as well as to many highly respectable citizens of Regina. The whole thing was inexplicable and the offender when taken into custody seemed dazed and did not appear to realize his position. While the offense was considered serious, I was satisfied at the time and am still, that this young man did not realize the seriousness of the offense and had no criminal intent at the time and was truly repentant.

He rendered splendid service in the Canadian Navy during the recent war, is now married and is making a commendable effort to rehabilitate himself and any assistance he may receive from any source will be fully justified. I have no hesitation in recommending him for any position of trust.

I have the honor to be,

Yours very truly,

MARTIN BRUTON.

To Whom It May Concern:

POST OFFICE, Regina, June 21, 1948.

Mr. John B. Boyle was a member of the post office staff from April 1937 until January 1940 and had an excellent record.

He was pa

Before he left, a letter was found in his possession. Our postal laws are very stringent, and he was charged with appropriating this letter of small value. He had to plead guilty although no evidence was taken in court. roled. The post office lost nothing and this law has since been amended. Yours truly.

LEO LABEEN,

Postmaster.

To Whom It May Concern:

ST. IGNATIUS CHURCH, Winnipeg, Manitoba, June 18th, 1948.

I am interested in the career of Mr. John Boyle of Regina, Saskatchewan. This interest dates from the days of his studies at Campion College where I was a member of the faculty and later, rector. I have followed his progress with keen interest, especially during his splendid service in the Royal Canadian Navy during the war years and later during his studies at Cornell University where, I understand, he brought credit upon himself and on his old school. As a matter of fact. I have kept in touch with him as far as possible and it give me the utmost pleasure that he is successful in his chosen career.

I understand that he contemplates transferring to the United States. Obviously, a Canadian cannot help regretting the exodus of so many of our best young men, but under the circumstances of a wider scope and opportunity of a career in hotel work in the United States of America, I could not advise him otherwise. I am quite certain that he will not only be a successful member of that profession but an acquisition for any community in which he and Mrs. Boyle and family may take up residence.

Without hesitation, in fact with great pleasure, I recommend him to your consideration. Any further information needed will be gladly forwarded.

DEAR SIR: Mr. G. G. Grant has brought to my attention that Mr. John Boyle, formerly of the city of Regina, is anxious to establish residence in the United States, in order to qualify as an American citizen.

I have been intimately acquainted with this family for many years, and it is a pleasure for me to certify to the fact that they enjoy a fine and honorable reputation. As citizens and members of this city community they are outstanding. I am well acquainted with the offense of which John Boyle, then only a young chap, was convicted. In my opinion, it was to a very large extent only a boyish prank, and it was so considered more or less by everybody. The boy has amply atoned for this lapse. He had a fine record during the recent war, was a good student at Cornell from where he graduated, and in every respect has since been a credit to his fine family. In my opinion, the boy should be treated accordingly, and I for one, would unhesitatingly recommend him for trust and consideration. I have the honor to be,

Yours faithfully,

J. M. UHRICH, M. D., Lieutenant Governor of Saskatchewan.

After having considered the merits of this measure, the committee is of the opinion that H. R. 2602 should be enacted and it accordingly 80 recommends its enactment.

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