« iepriekšējāTurpināt »
than one year's service in grades 3 and 4, respectively: Provided further, That when officers, inspectors, or other employees of the Immigration and Naturalization Service are ordered to perform duty in a foreign country, or transferred from one station to another, in the United States or in a foreign country, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent minor children; their household effects and other personal property, including the expenses for packing, crating, freight, and drayage thereof in accordance with the Act of October 10, 1940 (54 Stat. 1105; 5 U. S. C., sec. 73c-1.)51 The expense of transporting the remains of such officers, inspectors, or other employees who die while in, or in transit to, a foreign country in the discharge of their official duties, to their former homes in this country for interment, and the ordinary and necessary expenses of such interment and preparation for shipment at their posts of duty or at home, are hereby authorized to be paid on the written order of the Attorney General : 52 Provided further, That the appropriation of such sum as may be necessary for the enforcement of this Act is hereby authorized." (39 Stat. 893; 42 Stat. 24; 45 Stat. 954–955; 46 Stat. 1205; 47 Stat. 145; 54 Stat. 574; 8 U.S. C. 109–109a; 56 Stat. 373; 8 U.S. C. 109.) JURISDICTION OF DISTRICT COURTS; DUTIES OF DISTRICT ATTORNEYS;
SETTLEMENT OR DISCONTINUANCE OF SUITS Sec. 25. That the district courts of the United States are hereby invested with full jurisdiction of all causes, civil and criminal, arising under any of the provisions of this Act. That it shall be the duty of the United States district attorney of the proper district to prosecute every such suit when brought by the United States under this Act. Such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with such violation may be found. That no suit or proceeding for a violation of the provisions of this Act shall be settled, compromised, or discontinued without the consent of the court in which it is pending, entered of record, with the reasons therefor. (39 Stat. 893-894; 8 U.S. C. 164.) ®
62 Act of June 20, 1942 (54 Stat. 1105; 8 U. S. C. sec. 730-1). Prior thereto promotions had been liinited to "50 per centum of the force" and household effects, etc. to "ive thousand pounds."
w Act of February 21, 1931 (46 Stat, 1205 ;8 U.S. C. 109). Prior thereto, the fourth proviso of sec. 24, Act of February 5, 1917 (45 Stat. 954), read in part as follows:
That when inspectors or other employees of the Immigration Service are ordered to perform duty in a foreign country, or transferred from one station to another, in a foreign country, they shall be allowed their traveling expenses in accordance with such regulations as the Secretary of Labor may deem advisable, and they may be allowed, within the discretion and under written orders of the Secretary of Labor, the expenses incurred for the transfer of their wives and dependent minor children ; their household effects and other personal property, not exceeding in all äve thousand pounds, including the expenses for packing, crating, freight, and drayage thereof :
* Act of May 29, 1928 (46 Stat. 954 8 U. 8. C. 109a), amended sec. 24, Act of February 8, 1917 (839 Stat. 893
8 U. s.' c. 109), by adding the second paragraph of the section.
For other provisions relating to jurisdiction of prosecutions see sec. 5, Act of June 25, 1910 (36 Stat. 826; 18 U. S. C. 401), p. 71.
DISPOSAL OF PRIVILEGES AT IMMIGRANT STATIONS; PROHIBITION ON
SALE OF LIQUORS SEC. 26. That all exclusive privileges of exchanging money, transporting passengers or baggage, or keeping eating houses, and all other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder, after public competition, notice of such competitive bidding having been made in two newspapers of general circulation for a period of two weeks, subject to such conditions and limitations as the Commissioner of Immigration and Naturalization, under the direction or with the approval of the Attorney General, may prescribe, and all receipts accruing from the disposal of privileges shall be paid into the Treasury of the United States. No such contract shall be awarded to an alien. No intoxicating liquors shall be sold at any such immigration station. (89 Stat. 894; 8 U. S. C. 115.)
LOCAL JURISDICTION OVER IMMIGRANT STATIONS SEO. 27. That for the preservation of the peace and in order that arrests may be made for crimes under the laws of the States and Territories of the United States where the various immigrant stations are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper State and municipal officers charged with the enforcement of such laws, and for the purpose of this section the jurisdiction of such officers and of the local courts shall extend over such stations. (39 Stat. 894; 8 U. S. C. 116.)
AIDING OR ASSISTING CERTAIN ALIENS TO ENTER UNITED STATES; PENALTY
Sec. 28. That any person who knowingly aids or assists any anarchist or any person who believes in or advocates the overthrow by force or violence of the Government of the United States, or who disbelieves in or is opposed to organized government, or all forms of law, or who advocates the assassination of public officials, or who is a member of or affiliated with any organization entertaining or teaching disbelief in or opposition to organized government, or who advocates or teaches 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, to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such anarchist or person aforesaid to enter therein, shall be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or both.56
Any person who knowingly aids or assists any alien who advocates or teaches the unlawful destruction of property to enter the United States shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. (39 Stat. 894; 8 U. S. C. 163.) INTERNATIONAL CONFERENCE FOR REGULATION OF IMMIGRATION OF ALIENS: SPECIAL COMMISSIONERS; EXAMINATION OF ALIENS ABROAD; INTERNATIONAL AGREEMENTS
05 For additional provisions relative to anarchists and similar classes, see Act of Feb. 5, 1917 (sec. 3, p. 3. and sec. 19, p. 22). Act of Oct. 16, 1918, p. 77, Act of May 10, 1920, p. 80, and Title I, Act of June 28, 1940, p. 109.
Sec. 29. That the President of the United States is authorized, in the name of the Government of the United States, to call, in his discretion, an international conference, to assemble at such point as may be agreed upon, or to send special commissioners to any foreign country, for the purpose of regulating by international agreement, subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States; of providing for the mental, moral, and physical examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign Governments in their own territories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such immigration. (39 Stat. 894–895; 8 U. Š. C. 177.) DIVISION OF INFORMATION IN THE IMMIGRATION AND NATURALIZATION
SERVICE; DISTRIBUTION OF ALIENS; STATE AGENTS SEC. 30. That there shall be maintained a division of information in the Immigration and Naturalization Service; and the Attorney General shall provide such clerical and other assistance as may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available sources useful information regarding the resources, products, and physical characteristics of each State and Territory, and shall pubIish such information in different languages and distribute the publications among all admitted aliens at the immigrant stations of the United States and to such other persons as may desire the same. When any State or Territory appoints and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the Commissioner of Immigration and Naturalization, subject to the approval of the Attorney General, have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or Territory to aliens to settle therein. While on duty at any immigrant station such agents shall be subject to all the regulations prescribed by the Commissioner of Immigration and Naturalization, who, with the approval of the Attorney General, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted. (39 Stat. 895; 8 U. S. C. 105.)
SIGNING ALIEN ON SHIP'S ARTICLES WITH INTENT TO PERMIT LANDING
IN VIOLATION OF LAWS; PENALTY Sec. 31. That any person, including the owner, agent, consignee, or master of any vessel arriving in the United States from any foreign port or place, who shall knowingly sign on the ship's articles, or bring to the United States as one of the crew of such vessel, any alien, with intent to permit such alien to land in the United States in violation of the laws and treaties of the United States regulating the immigration of aliens, or who shall falsely and knowingly represent to the immigration authorities at the port of arrival that any such alien is a bona fide member of the crew, shall be liable to a penalty not exceeding $5,000, for which sum the said vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. (39 Stat. 895; 8 U.S. C. 165.)
SEC. 32. [Repealed by section 20 (d) of the Immigration Act of 1924, but shall remain in force as to all vessels, their owners, agents, consignees and masters, and as to all seamen arriving in the United States prior to the enactment of this Act.]" (43 Stat. 165; 8 U.S. C. 167c.) PAYING OFF OR DISCHARGING EXCLUDED ALIENS EMPLOYED ON VESSELS;
LANDING TO ALLOW RESHIPPING SEC. 33. That it shall be unlawful and be deemed a violation of the preceding section to pay off or discharge any alien employed on board any vessel arriving in the United States from any foreign port or place, unless duly admitted pursuant to the laws and treaties of the United States regulating the immigration of aliens: Provided, That in case any such alien intends to reship on board any other vessel bound to any foreign port or place, he shall be allowed to land for the purpose of so reshipping, under such regulations as the Attorney General may prescribe to prevent aliens not admissible under any law, convention, or treaty from remaining permanently in the United States, and may be paid off, discharged, and permitted to remove his effects, anything in such laws or treaties or in this Act to the contrary notwithstanding, provided due notice of such proposed action be given by the master or the seaman himself to the principal immigration and naturalization officer in charge at the port of arrival.7 (39 Stat. 896; 8 U. S. C. 168.)
68 Section 20 (d), Act of May 26, 1924 (43 Stat. 165; 8 U. 8. C. 167c). Prior thereto, section 32, Act of February 5, 1917 (39 Stat. 895), read as follows: "That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regulating the immigration of aliens, and enrployed on board any vessel arriving in the United States from any foreign port or place, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to regulations prescribed by the Secretary of Labor providing for the ultimate removal or deportation of such allen from the United States, and the negligent failure of the owner, agent, consignee, or master of such vessel to detain on board any such alien after notice in writing by the immigration officer in chirge at the port of arrival, and to deport such alien, if required by such immigration oficer or by the Secretary of Labor, shall render such owner, agent, consignee, or master liable to a penalty not exceeding $1,000, for which sum the said vessel shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense.''
57 See Neutrality Act of 1939 approved November 4, 1989, sec. 10 (c) (84 Stat. 9 : 22 U.S. C. 8451-9 (c), p. 106, which supplements section 33, Act of February 6, 1917 (89 Stat. 896;8 U. S. C. 108).
LANDING OF EXCLUDED SEAMEN PROHIBITED; TEMPORARY LANDING;
DEPORTATION WITHIN 8 YEARS SEO. 34. That any alien seaman who shall land in a port of the United States contrary to the provisions of this Act shall be deemed to be unlawfully in the United States, and shall, at any time within three years thereafter, upon the warrant of the Attorney General, be taken into custody and brought before a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deported at the expense of the appropriation for this Act as provided in section twenty of this Act. (89 Stat. 896; 8 U. S. C. 166.) EMPLOYMENT ON PASSENGER VESSELS OF ALIENS AFFLICTED WITH IDIOCY,
ETC.; PENALTY SEC. 38. That it shall be unlawful for any vessel carrying passengers between a port of the United States and a port of a foreign country, upon arrival in the United States, to have on board employed thereon any alien afflicted with idiocy, imbecility, insanity, epilepsy, tuberculosis in any form, or a loathsome or dangerous contagious disease, if it appears to the satisfaction of the Attorney General, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such officer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel and that the existence of such affliction might have been detected by means of a competent medical examination at such time; and for every such alien so afflicted on board any such vessel at the time of arrival the owner, agent, consignee, or master thereof shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $50, and pending departure of the vessel the alien shall be detained and treated in hospital under supervision of immigration and naturalization officials at the expense of the vessel; and no vessel shall be granted clearance pending the determination of the question of the liability to the pay. ment of such fine and while it remains unpaid: Provided, That clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine: Provided further, That such fine may, in the discretion of the Attorney General, be mitigated or remitted.58 (39 Stat. 896; 8 U.S. C. 169.)
LISTS OF ALIENS EMPLOYED ON VESSELS ARRIVING FROM FOREIGN PORTS:
REPORTS OF ALIENS ILLEGALLY LANDED; PENALTY SEO. 36. That upon arrival of any vessel in the United States from any foreign port or place it shall be the duty of the owner, agent, consignee, or master thereof to deliver to the principal immigration and naturalization officer in charge of the port of arrival lists containing the names of all aliens employed on such vessel, stating the positions they respectively hold in the ship's company,
# See Act of December 26, 1920 (41 Stat. 1082; 8 U. S. C. 170), p. 81, relative to treatment in hospital of diseased seamen.