United States armed forces. The act referred to, however, expired on December 28, 1948.

The files of the Immigration and Naturalization Service of this Department disclose that Toshie Okutomi is a native and citizen of Japan, approximately 21 years of age, and of the Japanese race. She presently resides in Tokyo, Japan, where she is employed as bookkeeper by a Japanese concern. Mr. Orren J. Lucht of Mora, Minn., who considers her to be his common-law wife, has stated that he met her in Tokyo in 1947 when he was stationed there with the United States occupation forces, and that they resided together in a common-law relationship. He also stated that Miss Okutomi was only 9 years of age when her mother died and that her father died in 1948 in a Russian prison camp in Siberia.

Mr. Lucht, a native-born citizen of the United States, is about 22 years of age and enjoys a good reputation in the community in which he lives. He is employed on his father's farm and is apparently financially able to support Miss Okutomi if she is permitted to come to this country. Mr. Lucht has stated that there are no obstacles which would prevent their marriage upon her arrival in this country. Ings much as Miss Okutomi is of a race ineligible for naturalization in the United States, she is inadmissible for permanent residence (8 U. S. C. 213 (c)) and, because her common-law relationship with Mr. Lucht is not recognized as a valid marriage under Japanese law, she was not admissible under the provisions of the so-called Brides Act (8 U. S. C. 232 et seq., 8 U. S. C. Supp. 1, sec. 237).

Whether, under the circumstances in this case, the general provision of the immigration laws should be waived presents a question of legislative policy concerning which this Department prefers not to make any recommendation. If the bill is to receive favorable consideration, however, it is suggested that it be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

"That in the administration of the immigration and naturalization laws, the provisions of section 13 (c) of the Immigration Act of 1924, as amended, which excludes from admission to the United States for permanent residence persons who are ineligible to citizenship, shall not apply to Miss Toshie Okutomi, a native and citizen of Japan, presently residing in Tokyo, Japan, and that if otherwise admissible under the immigration laws she shall be granted admission to the United States for permanent residence upon application hereafter filed."

Yours sincerely,

PETER CAMPBELL BROWN, Acting the Assistant to the Attorney General.

The files also contain the following quoted letter addressed to the chairman of the Senate Committee on the Judiciary, from the sponsor of the bill, Senator Edward J. Thye, under date of March 11. 1949: UNITED STATES SENATE, Washington, D. C., March 11, 1949.

Hon. PAT MCCARRAN,

Chairman, Committee on the Judiciary,

United States Senate, Washington 25, D. C.

DEAR SENATOR MCCARRAN: In conformity with the request of the Subcommittee on Immigration and Naturalization I am submitting herewith affidavits in duplicate offered by Mr. Orren J. Lucht, Route 1, Mora, Minn., as sponsor in the case of Toshie Okutomi, whose legal entrance into the United States would be authorized by S. 980.

The purpose of S. 980 is to permit Toshie Okutomi, a Japanese national, to join her fiancé, Mr. Lucht, in the United States for the purpose of marriage and permanent residence in this country. While in the service of the United States Army in Japan, Mr. Lucht became acquainted with this Japanese girl, and they entered into a relationship of man and wife, although no marriage ceremony was performed because of the establishment of a dead line on such marriages between our servicemen and Japanese girls on August 22, 1947. After his return to the United States in February 1948, Mr. Lucht sought to bring his fiancée to this country under the act to expedite admission of alien spouses of citizen members of the armed forces, but has not been able to do so because of the existing immigration laws and the fact that their common-law marriage is not recognized. Mr. Lucht himself is a young man of 21 who is farming in Kanabec County. Minn. His father is chairman of the county board of commissioners in that county, and the young man has an excellent reputation. I have letters of recommendation warmly commending him as a substantial and responsible citizen.

from such persons as Hon. Robert W. Nyquist, county attorney of Kanabec County, and Mr. Frank P. Powers, president of the Kanabec State Bank at Mora. I also have a letter of commendation concerning his military service, written by Capt. Byron B. King, provost marshal of the Fourth Replacement Depot, A. P. O. 703, San Francisco, Calif.

After considerable investigation, it is my belief that this young man will carry out fully his sponsorship of Toshie Okutomi, that their marriage will be consummated if she is enabled to come to the United States, and that the financial responsibility of Mr. Lucht is ample assurance that the young woman will not become a public charge. Indeed, I feel confident that she would develop into a desirable and useful citizen.

I respectfully urge the committee to approve S. 980 for early action in the Senate. I shall be glad to furnish additional information if needed.

Sincerely yours,

EDWARD J. THYE,
United States Senator.

On May 11, 1949, the House Committee on the Judiciary recommended to the House the passage of H. R. 2252, a bill introduced by Representative Marshall, for the relief of the same individual.

Appearing before a subcommittee of the House Committee on the Judiciary Committee, Mr. Marshall urged the enactment of his measure and submitted the following statement:

Mr. Lucht was honorably discharged from the Army on February 20, 1948. As soon as he reached his home, he made inquiry as to how he could get Miss Okutomi admitted to this country. He wrote the immigration office at San Francisco and at St. Paul, Minn. They advised him to write the American consul at Yokohama. The American consul told him to write the Commissioner Because of the fact that of Immigration and Naturalization at Philadelphia. there was some question of the legality of common-law marriage in Japan, they Mr. Lucht engaged an attorney who were unable to give him a definite answer. On June 3, wrote to former Congressman Harold Knutson and asked his help. 1948, Mr. Knutson advised the attorney and Mr. Lucht that because of the common-law marriage question Miss Okutomi was not eligible for admission Mr. Knutson later advised Mr. Lucht he would introunder the GI Brides Act.

duce a bill to permit the entry of the young lady during the Eighty-first Congress. After November 2, 1948. Mr. Lucht asked my assistance in introducing a bill so that Miss Okutomi could enter this country.

Miss Okutomi is 21 years of age, a high-school graduate. She can speak and write English. At present she is working as a bookkeeper for a firm in Tokyo, Japan. Her mother died when she was 9 years old, and her father in 1948.

Mr. Lucht is presently farming with his father near Mora, in Karabec County. Minn. As his parents are getting along in years, they will, no doubt, be willing Mr. Lucht is to turn over the operation of the farm to the son in a short time.

ready to guarantee that the young lady will not become a public charge if she is admitted to this country. Mr. Lucht is 22 years old today. He has a very good reputation in his community. He wishes to marry the young lady formally immediately on her arrival in this country.

In view of the fact that this young man has tried to get the young lady admitted to this country since his discharge from the Army, I am certain he is sincere. I see no reason why the young lady should be barred because of racial differences. I would appreciate favorable consideration of the bill by this committee.

FRED MARSHALL.

On May 17, 1949, H. R. 2252, providing unconditionally for the entry of Miss Toshie Okutemi, was recommitted and the committee reports now S. 980, which makes her permanent residence in the United States conditioned upon her marriage to Mr. Orren J. Lucht.

The committee, after having considered all the facts in th's case, is of the opinion that S. 980 should be enacted, and it accordingly recommends that the bill do pass.

SOO HOO YET TUCK

JUNE 29, 1949.-Committed to the Committee of the Whole House and ordered to be printe

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

following

REPORT

[To accompany H. R. 1979)

The Committee on the Judiciary, to whom was referred the bill (H. R. 1979) for the relief of Soo Hoo Yet Tuck, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That in the administration of the immigration and naturalization laws, the alien Soo Hoo Yet Tuck, the Chinese minor son of Soo Hou You Toy, a citizen of the United States and an honorably discharged veteran of World War II, shall be deemed to be a nonquota immigrant, if otherwise admissible into the United States.

PURPOSE OF THE BILL

The purpose of the bill is to facilitate the admission of the Chineseborn son of a naturalized citizen of the United States and an honorably discharged veteran of World War II. The amendment is to avoid a precedent of issuing an immigration visa by legislative enactment.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General, dated June 7, 1949, to the chairman of the Committee, which letter reads as follows:

Hon. EMANUEL CELLER,

JUNE 7, 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. 1979) for the relief of Soo Hoo Yet Tuck.

The bill would provide that in the administration of the immigration laws the alien Soo Hoo Yet Tuck, the Chinese minor son of Soo Hou You Toy, a citizen of the United States, shall be admitted to the United States for permanent residence upon application hereafter filed and without presenting an immigration visa or other travel documents. It would also direct the Secretary of State, to instruct the quota-control officer to deduct one number from the Chinese quota for the first year such quota is available.

It would appear from the file of the Immigration and Naturalization Service of this Department that the beneficiary of this bill is alleged to be the son of Soo Hoo Yui Toi, also known as Soo Hou You Toy, and that he is presently residing at Sin Hon village, Yin Ping district, China. The alleged father, a native of China, was admitted to the United States at Seattle, Wash., on August 28, 1931, as the citizen son of a native-born United States citizen. At the time of his entry Soo Hoo Yui Toi stated that he had one son, Yut Ot, 4 years old, living in China. When he was questioned recently regarding his son, he stated that his son, Soo Hoo Yot Ock, was born in China on August 24, 1928, that his wife had died in 1941 and that Soo Hoo Yot Ock (the beneficiary of this bill) is his only child.

Since his father is a veteran of World War II, Soo Hoo Yet Tuck, or Soo Hoo Yot Ock, tried to enter the United States under Public Law 271, Seventy-ninth Congress which exempted alien spouses and alien children of veterans of World War II, who are United States citizens, from the physical, mental, and documental requirements of any of the immigration laws or regulations, Executive orders, or Presidential proclamations issued thereunder. This law expired December 28, 1948. His first application was timely but incomplete. There seemed some confusion as to identity, two names having been used. Essential information requested by the American consulate general, Canton, China, despite the fact it was mailed to the consulate general on November 3, 1948, did not reach him until two days after the expiration of Public Law 271. The alleged father had contacted the State Department on several occasions prior to the expiration of Public Law 271. He notified both the American consul and the Department of State that his son is known as "Yut Ot in village and Yet Tuck in city" but that the two names related to the same person and that this was a common practice of the Chinese.

The records disclose that the father Soo Hoo Yai Toi enlisted in the United States Army on February 7, 1942, and was honorably discharged by reason of disability (tuberculosis) on April 24, 1943. He stated that he is receiving compensation of $41.40 per month from the United States Government and that he is part owner of a laundry from which he derives an income of from $30 to $40 a week. He further stated that his son is single and that he has been sending him about $300 American money each year and feels that he can adequately care for him if he is permitted to come to the United States. The Chinese quota to which the alien son would be chargeable is oversubscribed and an immigration visa may not be readily obtained.

Whether under the circumstances in this case the immigration law should be waived presents a question of legislative policy concerning which the Department of Justice prefers to make no recommendation.

Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General

Mr. Goodwin, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary and urged the enactment of the bill, submitting the following additional information:

H. R. 1979, for the relief of Soo Hoo Yet Tuck, provides that in the administration of the immigration laws the alien, Soo Hoo Yet Tuck, the Chinese minor son of Soo Hoo You Toy, a citizen of the United States shall be admitted to the United States for permanent residence and without presenting an immigration visa or other travel documents. It would also direct the Secretary of State to instruct the quota-control officer to deduct one number from the Chinese quota for the first year such quota is available.

In May 1948 proceedings for the entry of Soo Hoo Yet Tuck were begun under Public Law 271, Seventy-ninth Congress, which exempted alien spouses and their children of veterans of World War II, who are United States citizens, from the physical, mental, and documental requirements of any of the immigration laws or regulations, Executive orders, or Presidental proclamations issued thereunder.