SEC. 6. [Hospital facilities at Corpus Christi, Texas — emergency fund created for hospital purposes.] The Secretary of the Treasury is hereby authorized, if in his judgment the same will be for the best interests of the Government from the standpoint of cost, location, and of the emergency needs of the Public Health Service, to purchase the site, buildings, and hospital facilities and appurtenances, at Corpus Christi, Texas, known as General Hospital Numbered 15, and for such purpose the sum of $150,000 is hereby authorized.

The sum of $1,500,000 is hereby authorized to be held as an emergency fund for the purchase of land and the erection thereon of buildings or for the purchase of land and buildings, and the remodeling thereof, suitable for hospital and sanatoria purposes, which the Secretary of the Treasury is hereby authorized to select and locate for the uses of the United States Public Health Service, if in his judgment the emergency requires it. [40 Stat. L. 1303 as amended by 41 Stat. L. 45.]

The second paragraph of this section was amended to read as above by the "Third Deficiency Appropriation Act" of July 11, 1919, ch. 6.

SEC. 7. [Appropriations for specific hospital projects.] By the construction of new hospitals and sanatoria, to include the necessary buildings with their appropriate mechanical and other equipment and approach work, including roads leading thereto, for the accommodation of patients, officers, nurses, attendants, storage, laundries, vehicles, and live stock on sites now owned by the Government, or on new sites to be acquired by purchase or otherwise, at the places hereinafter named: Provided, That if the Secretary of the Treasury shall make a finding that any hospital project hereinafter specifically authorized is not to the best interest of the Government from the standpoint of cost, location, and of the emergency needs of the Public Health Service, he is hereby authorized to reject such project or projects and to locate, construct, or acquire hospitals at such other locations as would best subserve the interest of the Government and the emergency needs of the Public Health Service within the limits of cost of such authorization.

a. At Cook County, Illinois, by taking over the land and executing the contract for the construction thereon of hospital buildings specified therein of a certain. proposed contract executed by the Shank Company, August thirty-first, nineteen hundred and eighteen, and in accordance with such contract and the plans and specifications, identified in connection therewith August thirty-first, nineteen hundred and eighteen, by the signature and initials of Brigadier General R. C. Marshall, junior, Construction Division, Quartermaster Department, United States Army, by Lieutenant Colonel C. C. Wright, and the Shank Company, by George H. Shank, president, at the cost stated therein, namely $2,500,000, with such changes in said plans and specifications as may be required by the Secretary of the Treasury to adapt said specified buildings to the needs and purposes of the Public Health Service, at a total limit of cost not to exceed $3,000,000.

b. In carrying the foregoing authorization into effect, the Secretary of the Treasury is authorized to execute the contract with The Shank Company herein before specified, with such verbal changes as are made necessary by a change in the contracting officers, and to assume all obligations in said contract contained, and to purchase materials and labor in the open market, or otherwise, and to employ laborers and mechanics for the construction of such buildings and their equipment as in his judgment shall best meet the public exigencies, within the limits of cost herein authorized.

c. At Dawson Springs, Kentucky, on land to be acquired by gift, the necessary buildings for a sanatorium having a capacity of not less than five hundred beds. The sum of $1,500,000 is hereby authorized for the construction of such sanatorium.

d. The sum of $900,000 is hereby authorized for the construction, including site, of a hospital plant complete at Norfolk, Virginia.

e. The sum of $550,000 is hereby authorized for the construction, on land owned by the Government, on a site to be selected by the Secretary of the Treasury with the approval of the President, of a hospital plant complete in the District of Columbia or vicinity.

f. The sum of $190,000 is hereby authorized for additional hospital accommodations, including such minor alteration in and remodeling of existing and authorized buildings as may be necessary to economically adapt them to the additional accommodations herein authorized for the Marine Hospital at Stapleton, Staten Island, New York, the sum appropriated for additions to the said hospital by the Act approved March twenty-eighth, nineteen hundred and eighteen, is authorized to be expended in full without the construction of psychiatric units. [40 Stat. L. 1303.]

SEC. 8. [Construction work authority of Secretary of Treasury as to contracts.] In carrying the foregoing authorization into effect, all new construction work herein authorized shall, as far as feasible, be of fire resisting character, and the Secretary of the Treasury is authorized to enter into contracts for the construction, equipment, and so forth, of such buildings on Government owned lands, or lands acquired for such purpose, to purchase materials and labor in the open market, or otherwise, and to employ laborers and mechanics for the construction of such buildings and their equipment as in his judgment shall best meet the public exigencies, within the limits of cost herein authorized. [40 Stat. L. 1304.]

SEC. 9. [Appropriations for carrying out purposes of Act.] For the purpose of carrying the foregoing authorization into effect, there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be immediately available and remain available until expended, the sum of $8,840,000, and for furniture and equipment not otherwise provided for, the sum of $210,000; in all, $9,050,000. [40 Stat. L. 1304.]

SEC. 10. [Technical and clerical services — employment — traveling expenses - printing — supervision of work.] And the Secretary of the Treasury is hereby authorized, in his discretion, to employ, for service within or without the District of Columbia, without regard to civil-service laws, rules, and regulations, and to pay from the sums hereby authorized and appropriated for construction purposes, at customary rates of compensation, such additional technical and clerical services as may be necessary, exclusively to aid in the preparation of the drawings and specifications for the above-named objects and supervision of the execution thereof, for traveling expenses, and printing incident thereto, at a total limit of cost for such additional technical and clerical services and traveling expenses, and so forth, of not exceeding $210,000 of the above-named limit of cost. All of the above-mentioned work shall be under the direction and supervision of the Surgeon General of the Public Health Service, subject to the approval of the Secretary of the Treasury. [40 Stat. L. 1304.]

SEC. 11. [Additional appropriation out of unappropriated moneys.] There is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for necessary personnel, including regular and reserve commissioned officers of the Public Health Service and clerical help in the District of Columbia and elsewhere, and maintenance, hospital supplies and equipment, leases, fuel, lights, and water, and freight, transportation, and travel, and reasonable burial expenses (not exceeding $100 for any patient dying in hospital), $785,333 for the fiscal year ending June thirtieth, nineteen hundred and nineteen. [40 Stat. L. 1305.]

[SEC. 1.]

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[Marine Hospitals admission of persons for study.] That there may be admitted into said hospitals for study persons with infectious or other diseases affecting the public health, and not to exceed ten cases in any one hospital at one time. [41 Stat. L. 175.]

This is from the Sundry Civil Appropriation Act of July 19, 1919, ch. 24.

This paragraph follows an appropriation for marine hospitals to which the words "said hospitals" refer. Identical paragraphs have appeared in previous Sundry Civil Appropriation Acts.

IMMIGRATION

Act of Oct. 16, 1918, ch. 186, 71.

Sec. 1. Alien Members of Anarchistic and Similar Classes

2. Deportation, 72.

3. Return or Attempted Return - Punishment, 73.

Res. of Oct. 19, 1918, No. 44, ch. 190, 73.

Exclusion, 71.

Aliens in Military or Naval Service-Readmission into United States, 73.

Act of Nov. 10, 1919, ch. 104, 74.

Sec. 1. Entry of Aliens Regulations by President

ments Forgery, etc., 74.

2. Penalties and Forfeitures, 74.

Passports - False State

An Act To exclude and expel from the United States aliens who are members of the anarchistic and similar classes.

[Act of Oct. 16, 1918, ch. 186, 40 Stat. L. 1012.]

[SEC. 1.] [Alien members of anarchistic and similar classes - exclusion.] That aliens who are anarchists; aliens who believe in or advocate the overthrow by force or violence of the Government of the United States or of all forms of law; aliens who disbelieve in or are opposed to all organized government; aliens who advocate or teach the assassination of public officials; aliens who advocate or teach the unlawful destruction of property; aliens who are members of or affiliated with any organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States or of all forms of law, or that entertains or teaches disbelief in or opposition to all

organized government, or that advocates the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or that advocates or teaches the unlawful destruction of property shall be excluded from admission into the United States. [40 Stat. L. 1012.]

The constitutionality of the Act was upheld in Ex p. Pettine, (D. C. Mass. 1919) 259 Fed. 733.

Scope of Act. In Ex p. Pettine, (D. C. Mass. 1919) 259 Fed. 733, the court said: "The act of October 16, 1918 (40 Stat. 1012, c. 186), is comprehensive and emphatic in declaring against all aliens who are anarchists; and, so far as anarchists are concerned, it would seem that no result depends upon varying degrees of anarchy. Indeed, in enumerating the offensive classes, the enactment at once declares generally against aliens who are anarchists, and then, after separating by a semicolon the sweeping declaration against all anarchists from what follows, Congress proceeds to enumerate special classes of offensive aliens, who may or may not be anarchists, such as those who advocate the overthrow of government by force or violence, or who disbelieve in or are opposed to all organized government and who teach assassination of public officials. But these special designations cannot be accepted as in any way detracting from the general enactment against all aliens who are anarchists.

"The act applies itself, not only to aliens who came with offensive theories, but to aliens who have become offensive, and it expressly confers upon the Secretary of Labor authority to take them into custody, and provides for deportation in the manner provided in the Immigration Act of February 5, 1917, and this irrespective of the time of their entry into the United States.

"The point is taken by counsel for the petitioners that they are only philosophical anarchists, who do not teach violence. But this point only goes to the degree of offensiveness, and cannot be accepted as an answer to the authority of the executive branch of the government to deport, because, as said in 194 U. S. 279, 294, 24 Sup. Ct. 719, 724 (48 L. ed. 979): "If the word "anarchist" should be interpreted as including aliens whose anarchistic views are professed as those of political philosophers innocent of evil intent, it would follow that Congress was of opinion that the tendency of the general exploitation of such views is so dangerous to the public weal that aliens who hold and advocate them would be undesirable additions to our population, whether permanently or temporarily, whether many or few, and, in the light of previous decisions, the act even in this aspect would not be unconstitutional.' "The point is also taken that, by treaty between the government of the United States and Italy, Italians stand on a level with native-born citizens, who, it is said, under the right of freedom of speech, may teach anarchistic theories with immunity, and that as a consequence the deportation of alien philosophical anarchists would be in violation of the treaty between the United States and Italy.

66

Passing all discussion as to the right of freedom of speech as not germane to executive proceedings for deportation under the recent acts of Congress, this view cannot be accepted, because, as said in 149 U. S. 698, 720, 13 Sup. Ct. 1016, 1025 (37 L. Ed. 905):

"In our jurisprudence, it is well settled that the provisions of an act of Congress, passed in the exercise of its constitutional authority, on this as on any other subject, if clear and explicit, must be upheld by the courts, even in contravention of express stipulations in an earlier treaty.'

Congress, through the act approved October 16, 1918, having clearly declared against all aliens who are anarchists, the declaration must be accepted as meaning that Congress was of opinion that the presence of alien anarchists is offensive to our society and dangerous to the government, and it must be assumed that the enactment in this respect was based upon the idea that the government possesses the right to determine who shall be members of its community a right which may be exercised by all nations, and a right which may be exercised both in peace and war.

"For further discussion of the acts of Congress and of executive authority, see opinion of Judge Knox of December 9, 1918, in the Southern District of New York, in the Lopez Case; also the recent opinion of the Circuit Court of Appeals for the Second Circuit in the same case (259 Fed. 401) in affirmance thereof."

SEC. 2. [Deportation.] That any alien who, at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter, a member of any one of the classes of aliens enumerated in section one of this Act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the immigration Act of February

fifth, nineteen hundred and seventeen. The provisions of this section shall be applicable to the classes of aliens mentioned in this Act irrespective of the time of their entry into the United States. [40 Stat. L. 1012.]

For Act of Feb. 5, 1917, mentioned in the text, see 1918 Supp. Fed. Stat. Ann. 211.

SEC. 3. [Return or attempted return-punishment.] That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this Act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment for a term of not more than five years; and shall, upon the termination of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the immigration Act of February fifth, nineteen hundred and seventeen. [40 Stat. L. 1012.] For Act of Feb. 5, 1917, see 1918 Supp. Fed. Stat. Ann. 211.

Joint Resolution Authorizing the readmission to the United States of certain aliens who have been conscripted or have volunteered for service with the military forces of the United States or cobelligerent forces.

[Res. of Oct. 19, 1918, No. 44, ch. 190, 40 Stat. L. 1014.]

[Aliens in military or naval service-readmission into United States.] That, notwithstanding the provisions of section three of the immigration Act of February fifth, nineteen hundred and seventeen, excluding from the United States aliens who are likely to become a public charge, or who are physically defective, or who are contract laborers, or who have come in consequence of advertisements for labor printed, published, or distributed in a foreign country, or who are assisted by others to come, or whose ticket or passage is paid for with the money of another or by any corporation, association, society, municipality, or foreign government, or who are stowaways, or who are illiterate, aliens lawfully resident in the United States when heretofore or hereafter enlisted or conscripted for the military or naval service of the United States, or of any one of the nations cobelligerent of the United States in the present war; and aliens lawfully resident in the United States who have enlisted for service with CzechoSlovak, Polish, or other independent forces attached to the United States Army or to the army or navy of any one of the cobelligerents of the United States in the present war, who may during or within one year after the termination of the war apply for readmission to this country, after being honorably discharged or granted furlough abroad by the proper military or naval authorities, or after being rejected on final examination in connection with their enlistment or conscription shall, within two years after the termination of the war, be readmitted; and that any alien of either of the foregoing descriptions who would otherwise. be excluded under said section of the immigration Act on the ground that he is idiotic, imbecile, feeble-minded, epileptic, insane, or has had one or more attacks of insanity, or on the ground that he is afflicted with constitutional psychopathic inferiority, tuberculosis, a loathsome or dangerous contagious disease, or mental defect, shall be readmitted if it is proved that the disability was acquired while the alien was serving in the military or naval forces of the United States or of any one of the nations cobelligerent of the United States in the present war or in an independent force of the kind hereinbefore described, if such alien returns.