and contingent expenses of governors, chiefs, assistant chiefs, secretaries, interpreters, and mining trustees of the tribes at salaries at the rate heretofore paid, and one attorney each for the Choctaw, Chickasaw, and Creek Tribes employed under contract approved by the President, under existing law: And provided further, That the Secretary of the Interior is hereby empowered, during the fiscal year ending June 30, 1923, to expend funds of the Choctaw, Chickasaw, Creek and Seminole Nations available for school purposes under existing law for such repairs, improvements, or new buildings as he may deem essential for the proper conduct of the several schools of said tribes."

§ 4240. (Act March 3, 1901, c. 832, § 3.) Condemnation of allotted lands for public purposes under laws of States, etc.

Permission to construct telephone ter Power Co. (C. C. A. Idaho) 281 lines. See Swendig v. Washington Wa- F. 900.

§ 4240a. (Act Feb. 14, 1920, c. 75, § 1.) Fee to cover expense of sale of Indian allotments, or leases of tribal or allotted lands.

Hereafter in the sale of all Indian allotments, or in leases, or assignment of leases, covering tribal or allotted lands for mineral, farming, grazing, business or other purposes, or in the sale of timber thereon, the Secretary of the Interior be, and he is hereby, authorized and directed, under such regulations as he may prescribe, to charge a reasonable fee for the work incident to the sale, leasing, or assigning of such lands, or in the sale of the timber, or in the administration of Indian forests, to be paid by vendees, lessees, or assignees, or from the proceeds of sales, the amounts coilected to be covered into the Treasury as miscellaneous receipts. (41 Stat. 415.)

This is a provision of the Indian appropriation act for the fiscal year 1921, cited above.

§ 4240b. (Act Feb. 14, 1920, c. 75, § 1.). Sale of certain abandoned buildings on lands belonging to Indian tribes.

That the Secretary of the Interior is hereby authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this Act shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law. (41 Stat. 415.)

This is a part of the Indian appropriation act for the fiscal year 1921, Icited above.

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TITLE XXIX-IMMIGRATION

CHAPTER A-REGULATION AND RESTRICTION. OF IMMIGRATION IN GENERAL

§ 4243a. (Act March 4, 1911, c. 285, § 1.) Disposition of moneys paid for expenses of detained aliens.

From and after July first, nineteen hundred and eleven, all moneys paid into the Treasury to reimburse the Immigration Service for expenses of detained aliens paid from the appropriation for expenses of regulating immigration, shall be credited to the appropriation for the expenses of regulating immigration for the fiscal year in which the expenses were incurred. (36 Stat. 1442.)

This section is a provision of the sundry civil appropriation act for the year 1912, cited above.

§ 4244. [Repealed.]

See § 42894b, post, and notes thereunder.

§ 4245. (Act Feb. 26, 1885, c. 164, § 2.) Contracts for labor or service of aliens, made previous to migration or importation, void.

Contract labor and acts relating thereto.-See Whittingslow v. Thomas (Mass.) 129 N. E. 386.

The word "laborer," as used in the contract labor provisions of Immigration Acts, is limited to manual laborers, and neither a bookkeeper in a bank

§ 4247. [Repealed.]

nor a clerk in a steamship office is within the prohibition. U. S. v. Union Bank of Canada (C. C. A. N. Y.) 262 F. 91.

Cited without definite application, Tatsukichi Kuwabara v. U. S. (C. C. A. Hawaii) 260 F. 104.

See Ex parte Szumrak (D. C. Mich.) 278 F. 803; post, §§ 42894 bb, 42891⁄4b (3), and notes thereunder.

§ 4248. [Repealed.]

See U. S. v. Union Bank of Canada (C. C. A. N. Y.) 262 F. 91; U. S. v. International Silver Co. (C. C. A.

§ 4249. [Superseded.]

See U. S. v. International Silver Co. (D. C. Conn.) 255 F. 694; post, §§

§ 4250. [Repealed.]

See U. S. v. International Silver Co. (C. C. A. Conn.) 271 F. 925, revers

§ 4254. [Repealed.]

See W. & C. T. Jones S. S. Corporation v. Hamilton (D. C. Va.) 255 F.

§ 4268. [Repealed.]

See Hee Fuk Yuen v. White (C. C. A. Cal.) 273 F. 10, certiorari denied Pang Hing v. White, 42 S. Ct. 51, 257

Conn.) 271 F. 925, reversing judgment (D. C.) 255 F. 694; post, § 42894c, and notes thereunder.

42894b, 42894c, and notes thereunder.

ing judgment (D. C.) 255 F. 694; post, § 42894c, and notes thereunder.

799; post, § 42894e, and notes thereunder.

U. S. 639, 66 L. Ed. 411; post, § 42894j.

§ 4269. [Repealed.]

See Jung Back Sing v. White (C. C. A. Cal.) 257 F. 416; Tama Miyake v. U. S. (C. C. A. Hawaii) 257 F. 732; Ex parte Mitchell (D. C. N. Y.) 256 F.

229; Ex parte Lum You (D. C. Cal.) 262 F. 451; post, § 42894jj, and notes thereunder.

§ 4271. (Act Aug. 18, 1894, c. 301, § 1.) Commissioners of immigration; appointment.

Cited without definite application,
Yee Won v. White (C. C. A. Cal.) 258
F. 792.

§ 4274. [Repealed.]

See Mayo v. U. S. (C. C. A. La.) 256
F. 839; post, § 42894 ii.

§ 4277. [Repealed.]

See Jeong Quey How v. White (C. C. A. Cal.) 258 F. 618; post, §§ 42894ii, 42894 P.

§ 4283a. (Act June 5, 1920, c. 235, § 1.) Commissioner of Immigration at New Orleans; compensation.

The limitation specified in the Act approved August 1, 1914 (Thirty-eighth Statutes, page 666), upon the compensation of the Commissioner of Immigration at the port of New Orleans, Louisiana, is hereby removed. (41 Stat. 936.)

This section is a provision of the sundry civil appropriation act for the fiscal year 1921, cited above.

§ 428914a. (Act Feb. 5, 1917, c. 29, § 1.) Definitions; enforcement of act in Philippines.

See U. S. v. Wong Lai (C. C. A. Hawaii) 270 F. 57; Franco v. Seas Shipping Corporation (D. C. Md.) 272 F. 542.

Validity. In view of article 2 of the Treaty with Japan of March 21, 1895, providing that the stipulations of such treaty shall not affect the laws, ordinances, and regulations of either country regarding the immigration of laborers, there is no conflict between such treaty and this act. Ex parte Gin Kato (D. C. Wash.) 270 F. 343.

Congress has the right to exclude or deport aliens, in its discretion, as an inherent right of sovereignty. Id.

Cited without definite application, U. S. v. Butt, 41 S. Ct. 37, 254 U. S. 38, 65 L. Ed. 119; Mototaro Eguchi v. U. S. (C. C. A. Hawaii) 260 F. 144; The O. L. Halenbeck (C. C. A. N. Y.) 260 F. 554; Ng Fung Ho v. White (C. C. A. Cal.) 266 F. 765; Shigezumi v. White (C. C. A. Cal.) 269 F. 258; Mills v. U. S. (C. C. A. Wash.) 273 F. 625; U. S. v. Ko Sai Cheung (C. C. A. Mo.) 281 F. 988; Rousseau v. Weedin (C. C. A. Wash.) 284 F. 565; Pera v. White (C. C. A. Cal.) 284 F. 699; The Santa Elena (D. C. N. Y.) 271 F. 347; Ex parte Szumrak (D. C. Mich.) 278 F. 803.

§ 428914aa. (Act Feb. 5, 1917, c. 29, § 2.) Tax on aliens entering United States; lien of tax on vessels, etc.

Former statute cited.-U. S. v. Nederlandsch-Amerikaansche Stoomvart Maatschappij, 41 S. Ct. 72, 254 U. S.

148, 65 L. Ed. 193; Akira Ono v. U. S. (C. C. A. Cal.) 267 F. 359.

§ 428914b. (Act Feb. 5, 1917, c. 29, § 3, as amended, Act June 5, 1920, c. 243.) Aliens excluded; literacy test; skilled labor; exceptions.

The following classes of aliens shall be excluded from admission. into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing

excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all forms of law, or who disbelieve in or are opposed to organized government, or who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property; persons who are members of or affiliated with any organization entertaining and teaching disbelief in or opposition to organized government, or who advocate or teach 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 who advocate or teach the unlawful destruction of property; prostitutes, or persons coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who directly or indirectly procure or attempt to procure or import prostitutes or persons for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons hereinafter called contract laborers, who have been induced, assisted, encouraged, or solicited to migrate to this country by offers or promises of employment, whether such offers or promises are true or false, or in consequence of agreements, oral, written or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; persons who have come in consequence of advertisements for laborers printed, pub-. lished, or distributed in a foreign country; persons likely to become a public charge; persons who have been deported under any of the provisions of this Act, and who may again seek admission within one year from the date of such deportation, unless prior to their reembarkation at a foreign port or their attempt to be admitted from foreign contiguous territory the Secretary of Labor shall have consented to their reapplying for admission; persons whose tickets or passage is paid for with the money of another, or who are assisted by others to come, unless it is affirmatively and satisfactorily shown that such persons do not belong to one of the foregoing excluded classes; persons whose ticket or passage is paid for by any corporation, association, society, municipality, or foreign Government, either directly or indirectly; stowaways, except that any such stowaway, if otherwise admissible, may be admitted in the discretion of the Secretary of Labor; all children under sixteen years of age, unaccompanied by or not coming to one or both of their parents, except that any such children may, in the discretion of the Secretary of Labor, be admitted if in his opinion they are not likely to become a public charge and are otherwise eligible; unless otherwise provided for by existing treaties, persons who are natives of islands not possessed by the United States adjacent to the Continent of Asia, situate south of the twentieth parallel latitude north, west of the one hundred and sixtieth meridian of longitude east from Greenwich, and north of the tenth parallel of latitude south, or who are natives of any country, province, or dependency situate on the Continent of Asia west of the one hundred and tenth meridian of longitude east from Greenwich