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go and to be carried or transported as a passenger upon the line or route of any common carrier or carriers in interstate or foreign commerce, or any Territory or the District of Columbia, shall be deemed guilty of a felony and on conviction thereof shall be pun
& ished by a fine of not more than five thousand dollars, or by imprisonment for a term not exceeding five years, or by both such fine and imprisonment, in the discretion of the court. (36 Stat. 825-826; 18 U. S. C. 399.)
INDUCING INTERSTATE TRANSPORTATION OF WOMAN OR GIRL UNDER
EIGHTEEN YEARS FOR IMMORAL PURPOSES Sec. 4. That any person who shall knowingly persuade, induce, entice, or coerce any woman or girl under the age of eighteen years from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, with the purpose and intent to induce or coerce her, or that she shall be induced or coerced to engage in prostitution or debauchery, or any other immoral practice, and shall in furtherance of such purpose knowingly induce or cause her to go and to be carried or transported as a passenger in interstate commerce upon the line or route of any common carrier or carriers, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment for a term of not exceeding ten years, or by both such fine and imprisonment, in the discretion of the court. (36 Stat. 826; 18 U.S. C. 400.)
JURISDICTION OF PROSECUTIONS
Sec. 5. That any violation of any of the above sections two, three, and four shall be prosecuted in any court having jurisdiction of crimes within the district in which said violation was committed, or from, through, or into which any such woman or girl may have been carried or transported as a passenger in interstate or foreign commerce, or in any Territory or the District of Columbia, contrary to the provisions of any of said sections.12 (38 Stat. 826; 18 U. S. C. 401.)
PREVENTION OF TRANSPORTATION IN FOREIGN COMMERCE OF ALIEN WOMEN AND GIRLS UNDER INTERNATIONAL AGREEMENT; COMMISSIONER OF IMMI. GRATION AND NATURALIZATION DESIGNATED AS AUTHORITY TO RECEIVE INFORMATION; DUTY TO RECEIVE AND KEEP STATEMENTS OF AND PERTAINING TO THEM
Sec. 6. That for the purpose of regulating and preventing the transportation in foreign commerce of alien women and girls for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying out the terms of the agreement 1 or project of arrangement for the suppression of the white-slave traffic, adopted July twenty-fifth, nineteen hundred and two, for submission to their respective governments by the delegates of various powers represented at the Paris conference and confirmed by a formal agreement signed at Paris on May eighteenth, nine
13 For other provisions relating to jurisdiction for prosecution see sec. 25, Act of Feb. 8. 1917, p. 31. u For this agreement see 80 Stat. 1970.
teen hundred and four, and adhered to by the United States on June sixth, nineteen hundred and eight, as shown by the proclamation of the President of the United States, dated June fifteenth, nineteen hundred and eight, the Commissioner of Immigration and Naturalization is hereby designated as the authority of the United States to receive and centralize information concerning the procuration of alien women and girls with a view to their debauchery, and to exercise supervision over such alien women and girls, receive their declarations, establish their identity, and ascertain from them who induced them to leave their native countries, respectively; and it shall be the duty of said Commissioner of Immigration and Naturalization to receive and keep on file in his office the statements and declarations which may be made by such alien women and girls, and those which are hereinafter required pertaining to such alien women and girls engaged in prostitution or debauchery in this country, and to furnish receipts for such statements and declarations provided for in this Act to the persons, respectively, making and filing them.
STATEMENT BY PERSON KEEPING WOMAN OR GIRL FOR IMMORAL PURPOSES;
FAILURE TO FILE; MAKING FALSE STATEMENT; FAILURE TO DISCLOSE FACTS
Every person who shall keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after she shall have entered the United States from any country, party to the said arrangement for the suppression of the white-slave traffic, shall file with the Commissioner of Immigration and Naturalization a statement in writing setting forth the name of such alien woman or girl, the place at which she is kept, and all facts as to the date of her entry into the United States, the port through which she entered, her age, nationality, and parentage, and concerning her procuration to come to this country within the knowledge of such person, and any person who shall fail within thirty days after such person shall commence to keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after she shall have entered the United States from any of the countries, party to the said arrangement for the suppression of the white-slave traffic, to file such statement concerning such alien woman or girl with the Commissioner of Immigration and Naturalization, or who shall knowingly and willfully state falsely or fail to disclose in such statement any fact within his knowledge or belief with reference to the age, nationality, or parentage of any such alien woman or girl, or concerning her procuration to come to this country, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than two thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment, in the discretion of the court. (36 Stat. 827; 18 U.S. C. 402 (2).)
PRESUMPTION OF FAILURE TO FILE STATEMENT; FAILURE TO FURNISH NOT EXCUSED BY ITS INCRIMINATING TENDENCY; IMMUNITY FROM PROSECUTION
In any prosecution brought under this section, if it appear that any such statement required is not on file in the office of the Commissioner of Immigration and Naturalization, the person whose duty it shall be to file such statement shall be presumed to have failed to file said statement, as herein required, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by him, or for the information therein contained, might tend to criminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture under any law of the United States for or on account of any transaction, matter, or thing, concerning which he may truthfully report in such statement, as required by the provisions of this section. (36 Stat. 827; 18 U. S. C. 402 (3).)
"TERRITORY," "PERSON," CONSTRUED; LIABILITY OF PERSONS OR CORPORATIONS FOR ACTS AND OMISSIONS OF OFFICERS, AGENTS
SEO. 7. That the term "Territory," as used in this Act, shall include the District of Alaska, the insular possessions of the United States, and the Canal Zone. The word "person," as used in this Act, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person, acting for or employed by any other person or by any corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such other person, or of such company, corporation, society, or association, as well as that of the person himself. (36 Stat. 827; 18 U. S. C. 403.)
SEC. 8. That this Act shall be known and referred to as the "White-slave traffic Act." (36 Stat. 827; 18 U. S. C. 404.)
AUTHORITY TO ADMINISTER OATHS IN INVESTIGATIONS
SEC. 183. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps or Revenue-Cutter Service, detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Revenue-Cutter Service board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation.13 (36 Stat. 899; 5 U. S. C. 93.)
13 For authority of immigrant inspectors to administer oaths, see sec. 16, Act of Feb. 5, 1917, p. 17.
SUITS UNDER IMMIGRATION AND CONTRACT LABOR LAWS
Act approved March 3, 1911
Sec. 24. The district courts shall have original jurisdiction as follows:
Twenty-second. Of all suits and proceedings arising under any law regulating the immigration of aliens, or under the contract labor laws. (36 Stat. 1091, 1093; 28 U. S. C. 41.) DISPOSITION OF MONEYS RECEIVED OR PAID FOR EXPENSES OF
Act approved March 4, 1911 Seo. 1. * Provided, That from and after July first, nineteen hundred and eleven, all moneys paid into the Treasury to reimburse the Immigration and Naturalization 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; 8 U. S. C. 176.)
Seo. 16. That in the judgment of Congress articles in treaties and conventions of the United States, in so far as they provide for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of the United States in foreign countries, and for the arrest and imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and the Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment and any other treaty provision in conflict with the provisions of this Act, ought to be terminated, and to this end the President be, and he is hereby, requested and directed, within ninety days after the passage of this Act, to give notice to the several Governments, respectively, that so much as hereinbefore described of all such treaties and conventions between the United States and foreign Governments will terminate on the expiration of such periods after notices have been given as may be required in such treaties and conventions. (38 Stat. 1184; 22 U. S. C. 258.)
14 See also Act of March 4, 1909 (35 Stat. 982; 8 U, S. C. 138), p. 67, for disposition of head tax on allens and other moneys covered into the Treasury.
EXPIRATION OF TREATY PROVISIONS
SEC. 17. That upon the expiration after notice of the periods required, respectively, by said treaties and conventions and of one year in the case of the independent State of the Kongo, so much as hereinbefore described in each and every one of said articles shall be deemed and held to have expired and to be of no force and effect, and thereupon section fifty-two hundred and eighty and so much of section four thousand and eighty-one of the Revised Statutes as relates to the arrest or imprisonment of officers and seamen deserting or charged with desertion from merchant vessels of foreign nations in the United States and Territories and possessions thereof, and for the cooperation, aid, and protection of competent legal authorities in effecting such arrest or imprisonment, shall be, and is hereby, repealed. (38 Stat. 1184; 22 U. S. C. 258.)
EFFECTIVE DATE OF THE ACT
SEC. 18. That this Act shall take effect, as to all vessels of the United States, eight months after its passage, and as to foreign vessels twelve months after its passage, except that such parts hereof as are in conflict with articles of any treaty or convention with any foreign nation shall take effect as regards the vessels of such foreign nation on the expiration of the period fixed in the notice of abrogation of the said articles as provided in section sixteen of this Act. (38 Stat. 1185.)
IMMIGRATION ACT OF FEBRUARY 5, 1917
[Act of February 5, 1917 (39 Stat. 874-898), as amended, incorporated on pages 1 to 38.] PREVENTION IN TIME OF WAR OF DEPARTURE FROM OR ENTRY INTO THE UNITED STATES CONTRARY TO THE PUBLIC SAFETY Act approved May 22, 1918, as amended by the Act of June 20, 1941, p. 123. See also Act of March 2, 1921, p. 82, and the Act of June 20, 1941, p. 123.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, When the United States is at war 16 or during the existence of the national emergency proclaimed by the President on May 27, 1941, or as to aliens whenever there exists a state of war between, or among, two or more states, and the President shall find that the interests of the United States require that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation 16 thereof, it shall, until otherwise ordered by the President or Congress, be unlawful—"
16 The provisions relative to requirements of passports and visas continue in force and effect during peace time. See Act of March 2, 1921 (41 Stat. 1217; 22 U. S. C. 227), p. 82. The penal provisions do not so apply.
The Act of Feb. 14, 1944 (Pub. Law 229), p. 127, waives passport or travel document in the nature of a passport Identifying the applicant, in the case of agricultural laborers seeking admission under the provisions of that Act, and provides for a Service Identification card, as described therein.
10 For proclamation of November 14, 1941, see p. 269.
Act of June 21, 1941 (55 Stat. 252). Prior thereto, the first paragraph of sec. 1, Act of May 22, 1918 (40 Stat. 559), read as follows: "That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful"