SUBD. 7. Report of ship's surgeon or master concerning health of passengers. In addition to making the notations on the manifest specified in subdivision 6, the ship's surgeon (or, if no surgeon sails on the ship, the master) shall furnish to the immigration official in charge at the port of arrival a full report concerning diseases, injuries, births, and deaths developing or occurring during the voyage.1 SUBD. 8. Data concerning cost of transportation.-Transportation companies shall furnish the immigration officers in charge at ports of entry, within two days after request therefor, with the original transportation contracts of all rejected aliens whose cases are covered by the provisions of section 9, such contracts showing the exact amounts paid for transportation from the "initial point of departure" (sec. 9)—which point shall be shown-to the foreign port of embarkation, from the latter to the United States port of arrival, and from the port of arrival to inland point of destination, respectively, and also the amount paid for head tax.

Rule 3. PRIMARY INSPECTION AND DETENTION.

SUBDIVISION 1. Double inspection.-At each of the ports of New York, Boston, Providence, Philadelphia, Baltimore, Key West, New Orleans, Galveston, San Juan, San Francisco, Seattle, Honolulu, Vancouver, Quebec, Halifax, and St. John two immigrant inspectors shall pass upon the case of each arriving alien. The two inspectors to serve together for this purpose shall be designated from day to day by the immigration officials in charge at such ports. The challenging of decisions of one inspector by another shall be continued. At seaports other than those herein enumerated and at the land border ports double inspection shall be maintained whenever feasible.

SUBD. 2. Determination of admissibility, in general.-As to each alien applying to enter the United States, the appropriate immigration officers shall determine, as promptly as in their estimation the circumstances permit, whether or not he is entitled to apply for admission, and, if so, whether or not he is clearly and beyond a doubt entitled to land.

SUBD. 3. Postponement if alien in hospital.-If an alien suffering from a disability which in the opinion of the immigration officials renders it impracticable correctly to apply the immigration law to his case is placed in hospital upon his arrival or pending determination as to his right to land, inspection may be postponed during such disability.

SUBD. 4. Postponement if member of family in hospital.—If in the estimation of the appropriate immigration officers the cases of members of a family are interdependent, and a member is detained in hospital from a disability of the character described in subdivision 2 of this rule, the determination of such cases may be postponed until the member detained in hospital has been discharged therefrom."

1 Form 542.

2 Typical instances hereof are (1) where the afflicted member is a minor or one otherwise dependent, requiring an accompanying alien in the event of deportation, one or the other parent being the proper person to select for such purpose, and the effect of depriving the remaining members of the family of the care of such parent would be to render some or all of them persons likely to become public charges; (2) where the afflicted member is the head of the family and its only breadwinner, and his physical condition, due presumably to temporary causes, is such that he could not travel if either admitted or ordered deported and the cases of the remaining members of the family depend upon the disposition made of his case.

106047-22- -4

SUBD. 5. Immediate determination upon certain conditions.--In cases arising under subdivision 4 of this rule, when the member in hospital is in no manner necessary to the support of the remaining members of the family and presumably is eligible to land provided he recover, such remaining members may be forthwith inspected and, if found eligible, landed upon the deposit (1) of a sum of money (or ticket covering transportation and money) sufficient to defray the expenses of conveying the detained member to final destination, and (2) if for infancy or any other cause he may require an attendant when traveling or in process of deportation, unless satisfactory assurances are given that a proper attendant will be furnished without charge to the Government, of a further sum sufficient to cover the cost of the services and transportation to and fro of such an attendant.

SUBD. 6. Alien's money.-In the absence of a statutory provision no hard and fast rule can be laid down as to the amount of money an alien should have. This is only one element to be considered in each case, but generally he should have enough to provide for his reasonable wants and those of accompanying persons dependent upon him until such time as he is likely to find employment; also, when bound for an interior point, railroad ticket or funds with which to purchase the same.

Rule 4. READING TEST.

SUBDIVISION 1. Who subject thereto and by whom examined.-All aliens over 16 years of age who are physically capable of reading, except as specified in the statute and described in subdivision 5 of this rule, shall be required to demonstrate their ability to read matter printed in plainly legible type and in a language or dialect designated by the alien at the time of examination.

SUBD. 2. General method of applying the reading test.-When applying the reading test, immigration officers shall use the printed and numbered slips supplied by the bureau for that purpose, and a record shall be made upon the manifest or board minutes showing both the class and serial numbers of the slip used in each case and the language or dialect designated by the applicant and actually used in the examination. No two aliens listed upon the same manifest sheet shall be examined at seaports by the use of the same slip. If the examining inspector is unable to speak and understand the language or dialect in which the alien is examined, the services of an interpreter shall be used for interpreting into spoken English as read the printed matter read by the alien, so that the examining inspector may compare such interpretation with the slip of corresponding serial number containing the English translation of the same reading matter.

SUBD. 3. Special method of applying reading test.—In all cases in which, because of lack of the qualified interpreters necessary for the observance of the general method prescribed in subdivision 2 hereof, or because for any other reason it is impracticable to adopt said general method, immigration officers shall use special printed and numbered slips supplied by the bureau, the sentences appearing upon which are instructions to the alien to do several simple acts. The alien's responding or failure to respond properly and in proper order to the instructions will constitute a demonstration of whether

or not he is able to read the prescribed number of words printed upon the slip handed him.

SUBD. 4. Examination by board of special inquiry.-In the event the applicant is subject to the reading test and is unable to satisfy the examining or challenging inspectors of his ability to read matter printed in the designated language or dialect, it shall be the duty of either the examining or the challenging inspectors to detain the applicant for special inquiry and to record upon the manifest and detention cards, for the information of the board, the class and serial numbers of the slip used in the primary examinations. Applicants so detained shall be examined by boards of special inquiry as to their ability to read, in the same manner as aliens detained for special inquiry upon other grounds. The examination shall be conducted as prescribed in subdivisions 1 and 2 of this rule, and the result shall be noted in the recorded minutes.

SUBD. 5. Exemptions.-The following classes of aliens over 16 years of age are exempted by law from the illiteracy test or from the operation" thereof, viz:

(a) Persons who are physically incapable of reading.

(b) Persons of any of the following relationships to United States citizens, admissible aliens, or legally admitted alien residents of the United States, when such persons are sent for or brought in by such citizens, admissible aliens, or admitted aliens: Father, if over 55 years of age; grandfather, if over 55 years of age; wife; mother; grandmother; unmarried daughter; or widowed daughter.

(c) Persons seeking admission to the United States to avoid religious persecution in the country of their last permanent residence. (d) Persons previously residing in the United States who were lawfully admitted, have resided continuously here for five years, and return to the United States within six months from the date of their departure therefrom.

Persons in transit through the United States.1

Persons lawfully admitted and who later go in transit through foreign contiguous territory. The period an alien may remain in foreign contiguous territory while in transit under this exemption shall be limited to 60 days. An alien may leave and enter the United States at the same port and still be in transit within the meaning hereof.

(g) Exhibitors and employees of fairs and expositions authorized by Congress.2

(h) Aliens whose ability to read can be readily and certainly learned or ascertained by any ordinary method approved by the department may be excused from the actual taking of the test.

SUBD. 6. Method of determining right to exemption. All claims to exemption from the operation of the illiteracy provisions of the Immigration Act shall be made the subject of careful inquiry by the examining inspector, who, if he is not convinced that the applicant is entitled to exemption, shall detain him for investigation by a Board of Special Inquiry. In all cases in which the exemption claimed is not fully established before such board, the alien, if illiterate, shall be debarred.

SUBD. 7. Proof of exemption. Clear and convincing proof of claims of exemption from the illiteracy test shall be required in every instance. When relationship by adoption is asserted, nothing less shall be accepted as sufficient proof than a certificate from an official who is shown by a notation placed thereon by a United States diplomatic or consular officer to be in charge of the records involved. The certificate must establish that the claimed adoption occurred while the alien was still a minor and in accordance with the laws of the country where such certificate is issued. When the relationship of husband and wife is asserted, unless the two parties arrive together, so the testimony of each can be taken and compared with that of the other, a certificate of marriage or other convincing proof of the performance of the ceremony shall be exacted.

Rule 5. ACCOMPANYING ALIENS.

SUBDIVISION 1. Rejection.-Under the last proviso to section 18, if an alien who is certified to be helpless from sickness, mental or physical disability, or infancy is accompanied by another, the accompanying alien may be rejected and deported as protector or guardian of the helpless alien.

SUBD. 2. Detention until case of accompanied alien decided.-When in the opinion of the appropriate immigration officials an alien likely to be rejected as helpless under the last proviso of section 18 is accompanied by one or more aliens whose protection or guardianship in the event of alien's rejection will be required, one of such accompanying aliens (preferably a relative or natural guardian) shall be detained and the determination of his case may be postponed pending decision of the case of the alien whom he accompanies.

SUBD. 3. Status after deportation.-If an alien is rejected and deported solely because his protection or guardianship is required by an accompanied alien, he shall not be regarded as belonging to the class excluded by section 3 on the ground that he had been deported previously.1

Rule 6. CHILDREN UNDER 16, UNACCOMPANIED.

SUBDIVISION 1. Special methods of handling cases of.— (a) All children under 16 unaccompanied by either parent shall be held for special inquiry unless a parent already within the United States appears in person with satisfactory evidence of relationship and responsibility. If the board finds (1) that they are strong and healthy, (2) that while abroad they have not been the objects of public charity, (3) that they are going to close relatives who are able and willing to support and properly care for them, (4) that it is the intention of such relatives to send them to day school until they are 16, and (5) that they will not be put at work unsuited to their years, the board may admit. The board shall admit when it is satisfactorily shown that an otherwise admissible child is going to one or both of its parents. Where the board finds the five above-mentioned facts do not

1 See subd. 13, Rule 17.

exist but that the case is otherwise especially meritorious, it shall so report orally or in writing to the officer in charge and defer final action until such officer personally has inspected the child. If in his judgment the child should be admitted, he shall so state to the board (this fact being entered of record), which thereupon may admit. When in the opinion of such officer the child is not clearly admissible, the board shall exclude and give notice of the right of appeal. If thereafter an appeal be filed, the case shall be forwarded with the recommendation either for (1) admission outright, (2) admission on bond or cash deposit, or (3) exclusion.1

(b) At ports where there is no permanent board of special inquiry the immigration official in charge, upon a personal inspection of such children and those accompanying them, may admit, without examination by a board, otherwise admissible unaccompanied children who he is satisfied will not be put at work unsuited to their years, if he is also satisfied beyond a reasonable doubt (1) that the five facts enumerated in the above paragraph exist, or (2) that the child is to attend a designated reputable institution of learning, for which suitable provision has been made in advance, or (3) that the child is merely in transit, and the person by whom accompanied will convey him through and out of the United States, or (4) that the child is to make a temporary visit to close relatives.

SUBD. 2. Status after deportation.-If an alien deported solely on the ground of being "under 16 unaccompanied" reapplies for admission within one year thereafter and is then over 16 or accompanied, he shall not be regarded as belonging to the class excluded by section 3 on the ground of previous deportation.2

Rule 7. STOWAWAYS.

Aliens arriving at seaports of the United States as "stowaways" or alien "stowaways" who arrive as "workaways" shall be held for examination by a board of special inquiry. Unless the board reaches the unanimous conclusion that beyond a doubt the alien, except for being or having been a stowaway, is entitled to land, it shall exclude. Appeal shall be allowed in such a case unless some mandatory reason for exclusion is found to exist.

Rule 8. GEOGRAPHICALLY EXCLUDED ORIENTAL ALIENS.

SUBDIVISION 1. Who are excluded.-Aliens who are natives of the islands or of the territory of the continent of Asia lying between the meridians and parallels specified in section 3 and shown by heavy black lines on the map appended to these rules are excluded from the United States.

SUBD. 2. Exemptions.-These fall into the two following classes: (a) Those "otherwise provided for by existing treaties," which includes natives of so much of any country with which the United

1When a child under 16 is destined to a parent but nevertheless is found inadmissible, rejection should not be upon the ground that the alien is unaccompanied, but upon some statutory ground that substantially exists. See subd. 13, Rule 17.