quiry is virtually forced to "base" its decision upon that certificate, the reason being that whether or not an alien is so affected is purely a matter of medical science and not such a matter as to which a board of laymen can be expected to reach an intelligent conclusion.

Where the medical certificate states that an alien is affected with any mental defect or physical defect (other than those just named), either of which defects is of a nature that might affect the ability of the alien to earn a living or make him likely to become a public charge, or when the medical certificate states that the alien has been insane within five years previously, or has had two or more attacks of insanity at any time previously, the question to be determined is a practical one, quite as much as a medical one, and boards of special inquiry should not only receive and carefully consider the certificate of the medical officer, but should likewise consider all the facts and surrounding circumstances of the case, and from the case as whole reach their own conclusion as to whether the defect is of a nature which may, considering all the circumstances of the case, affect his ability to earn a living or render him likely to become a public charge, or whether the alien has actually been afflicted in the past.

If the defect for which certified is physical, not mental, and, on consideration of the whole case, the board's decision is that such physical defect is one which may affect his ability to earn a living or render him likely to become a public charge, and the alien is otherwise admissible, he should be given an opportunity to make application for landing under bond in accordance with Rule 20.

If, on the other hand, the board's conclusion is that the defect is not'of such a nature as to affect the ability of the alien to earn a living or render him likely to become a public charge, considering all the facts surrounding his case, and that the alien is otherwise admissible, the board should land the alien unconditionally; or, if the board's conclusion is that the alien should be rejected, not solely because of the certificate but on the basis of all the facts and circumstances, the alien should be rejected and advised of his right to appeal in the usual manner.

To summarize so much of the foregoing as relates to the distinction between appeals and applications for admission under bond:

When a board concludes that an alien is "liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis or a loathsome or dangerous contagious disease," and such conclusion is not based solely upon the medical certificate, the board should render a decision, from which decision the alien has the right of appeal.

But when the board reaches such conclusion upon the basis solely of the medical certificate, no decision should be rendered, but the alien should be given an opportunity to apply for admission under bond in accordance with Rule 20.

RULE 7. Appeals, procedure.- Notice of appeal shall act as a stay of all proceedings until a final decision is rendered by the Secretary; and, within forty-eight hours after the filing of such notice, the complete record of the case shall be forwarded to the Commissioner-General of Immigration by the immigration officer in charge at the port of arrival, accompanied by his views thereon in writing; but on such appeal of any case to the Secretary no evidence will be considered which has not already been passed upon in said case by a board of special inquiry at the original hearing, or upon a rehearing if so ordered. (See section 25.) If, to prevent a miscarriage of justice, additional time is granted to the friends or counsel of an appealing alien, the said immigration officer may require the deposit of a sum of money sufficient to defray the cost of maintaining appellant during the additional time thus allowed.

RULE 8. Appeals, procedure.-The commissioner of immigration or the immigration officer in charge at the port of landing shall enter of record the name of every alien found upon examination to be within any of the prohibited classes, with a statement of the decision in each case; and if such decision be appealed from immediately upon the receipt from the Department of its conclusions thereupon the alien shall be landed or deported in accordance with such conclusion. If a landing is refused on appeal, the master, agent, consignee, or owner of the vessel by which the said alien arrived shall be notified by the commissioner or officer in

charge, and advised that the alien will be placed aboard the vessel of the line involved next sailing, for deportation. The commissioner or officer in charge at a port of entry where a detention station is located may, immediately upon exclusion, place debarred aliens on board the vessel by which they are to be deported, if in his judgment such action is necessary to prevent congestion or danger of contagion in such station. (See Rule 5.)

RULE 9. Medical examination.- Officers of the United States Public Health and Marine-Hospital Service (or, if such officers are not available, civil surgeons of not less than four years professional experience) are required by section 17 of the Immigration Act to make a physical and mental examination of all arriving aliens, and to certify for the information of immigration officers any and all physical and mental defects or diseases observed by them. Every officer of such Service detailed for this duty shall, subject to the instructions of the Surgeon-General of the Public Health and Marine-Hospital Service, be under the direction of the immigration officer in charge of the port to which he may be detailed.

The certificate of the medical officer shall state the physical or mental defect or disease observed, specifying the name by which it is known in common speech as well as the name by which it is known in medicine; and the certificate shall also state:

(a) Where an alien is certified as having been insane within five years previous, or as having had two or more attacks of insanity at any time previously, how the previous existence of the malady has been ascertained (section 2);

(b) Where an alien is certified as being afflicted with a loathsome or dangerous contagious disease, that the disease named is in fact a loathsome or dangerous contagious disease, and is or is not of a quarantinable nature (sections 2, 19);

(c) Where an alien is certified as having a mental or physical defect of a nature which may affect his ability to earn a living, or as being likely to become a public charge by reason of any mental or physical disability, the bearing of such mental or physical shortcoming upon the customary occupation of the alien and upon his general capacity for useful employment, whether such defect is of a temporary or permanent nature, and whether the

deficiency of the alien has been corrected by artificial or educational means (sections 2, 10, 26);

(d) Where an alien is certified for permission to land for medical treatment in any hospital of the United States, or where it is certified that the health or safety of an insane alien would be unduly imperiled by immediate deportation, that the alien is not suffering from tuberculosis or from a loathsome or dangerous contagious disease of a nonquarantinable nature, and the probable duration of the alien's detention in hospital, asylum, or elsewhere (section 19);

(e) Where an alien is certified as being helpless from sickness, mental or physical disability, or infancy, whether such alien requires the protection or guardianship of an attendant (sections 11, 21);

(f) Where the wife or minor children of an alien who has declared his intention to become a citizen are certified as being affected with any contagious disorder, whether such disorder is a loathsome or a dangerous one, the probable length of time needed to determine whether the disorder will be easily curable, and whether they can be permitted to land without danger to other persons (section 37); and

(g) Where an alien is certified as being an idiot, imbecile, epileptic, or afflicted with tuberculosis or with a loathsome or dangerous contagious disease, whether the alien was so afflicted at the time of foreign embarkation, whether the existence of the disease or disability might have been detected by means of a competent medical examination at such time, how the previous condition of the alien has been ascertained, and the ground for believing that it might have been detected by a competent examination.

RULE 10. Landing for hospital treatment.—(a) Where an alien has been excluded by decision of a board of special inquiry and the order for the return of the alien has been suspended, or where an alien is held, pending the determination of his case, by order of court, to await transportation, on account of his health, because his testimony is required in the prosecution of offenders against the act, or for some other cause, an application may be made, accompanied by the certificate of the medical examiner, tə

the Secretary of Commerce and Labor for permission to allow the landing of the alien for hospital treatment or other appropriate care or attention.

(b) Such an application will be granted as of course where it is certified by the medical examiner that the health or safety of an insane alien would be unduly imperiled by immediate deportation, or where it is manifest to the commissioner of immigration, or the immigration officer in charge that the condition of the alien requires immediate hospital treatment. In such cases, pending the decision of the Secretary, hospital treatment or other appropriate care or attention shall be immediately afforded.

(c) In all other cases the application will not be granted unless it clearly appears from the report of the commissioner of immigration, or the immigration officer in charge, or from other evidence accompanying the application, that such a course is necessary to met the ends of justice and humanity.

(d) Applications to land for medical treatment in a hospital of the United States by the "express permission" of the Secretary, made by or on behalf of aliens certified to be suffering from tuberculosis or from a loathsome or dangerous contagious disease (sec. 19), must be accompanied by a certificate of a Public Health and Marine-Hospital surgeon showing the exact character and extent of the malady with which the alien is suffering and estimating the duration of the treatment that will be required to effect a cure. The alien making the application, or the person making it in his behalf, shall deposit with the commissioner of immigration, or inspector in charge, a sum of money sufficient to cover the cost of affording the alien treatment for the period of time estimated in the above-mentioned certificate (and give satisfactory assurances that further deposit will be remitted if needed), if such estimated period does not exceed sixty days; and, in the event the estimate is for more than said time, a deposit shall be made sufficient to cover treatment for sixty days, and satisfactory assurances given that at least fifteen days prior to the expiration of said period a further deposit will be made sufficient to cover cost of treatment for thirty days additional and a remittance of a similar amount fifteen days prior to the expiration of the period covered by this deposit, and so on until the alien is cured and allowed to proceed,