the board's opinion an outside investigation is necessary, action may be postponed pending investigation by officers of the Immigration Service detailed for the purpose. Decision of the applicant's admissibility shall be deferred meanwhile, and the expenses of detention shall be borne in the manner prescribed in section 15.

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.

States has a treaty affecting immigration as lies between the specified meridians and parallels, and no others;

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(b) Those of the status or occupations specifically enumerated in the exception to the geographical exclusion clause of section 3.

SUBD. 3. Proof of exemptions.-Natives of the geographically defined territory who claim exemption on the ground that they are of a status or occupation mentioned in the exceptions to the geographical excluding clause shall present in support of such a claim evidence procured in the place of their domicile showing what their status or occupation has been during at least the two preceeding years. Such evidence must be of a convincing nature, and its authenticity shall be attested by the consular officer of the United States located nearest such place of domicile. Proof that an applicant is the wife, or the child under 16 years of age, of a person belonging to the classes exempted by reason of status or occupation may be in any form preferred or convenient, but must be of a convincing character.

Rule 9. ALIENS IN TRANSIT.2

SUBDIVISION 1. Examination under law.-Every alien seeking a landing for the purpose of proceeding directly through the United States to a foreign country shall be examined, and, if found to be a member of any one of the excluded classes (except illiterates), shall be refused permission to land, in the same manner as though he intended to remain in the United States. Cases where a refusal of the privilege would entail exceptional hardship may be reported to the bureau for a special ruling.

SUBD. 2. Illiterates.-(a) Aliens in transit across the United States are exempted "from the operation of the illiteracy test" (sec. 3)not necessarily from examination under the test. If such aliens arrive at a seaport of the United States traveling in groups, or are grouped by the transportation companies after arrival at such a port, their examination under the law shall not include subjecting them to the illiteracy test, provided an arrangement of the kind hereinafter specified is made between the transportation company by which brought and the connecting transportation line or lines, under which such transit aliens will be accompanied through and out of the United States by an immigration official. Unless transit aliens other than those just described are obviously literate, they shall be subjected to the illiteracy test; and if it is thereby found that they are illiterate within the meaning of such test, they shall not be granted the transit privilege unless they are attached to groups of transits passing through the country in the manner specified or an arrangement of substantially similar character is made in individual

cases.

(b) Groups of transit aliens, made up in the manner above indicated, shall be permitted, if otherwise admissible, to travel through the United States, whether literate or illiterate, provided the trans

1 The treaty, laws, and rules governing the admission of Chinese are published in a separate departmental pamphlet.

2 The transit of Chinese is regulated by Rule 17 of the Chinese Rules of May 1, 1917. 3 Often somewhat different considerations enter into the decision of transit cases than exist in cases of applicants for admission. For instance, aliens who might be deemed inadmissible to the United States as likely to become public charges or physically defective might nevertheless be acceptable to the immigration officials of Canada, and therefore with propriety might be allowed to proceed in transit to that country.

4 On account of aliens found to be literate, who are granted the transit privilege without being grouped in the manner described in this rule, deposit of head tax is required. (See subd. 1 (b) and subd. 2, Rule 1).

portation company by which they are brought to a port of the United States arranges with the transportation company or companies by which they are to be transported through and out of the United States that the aliens shall be under sufficient surveillance during the entire time that they are within the limits of the United States to insure that they will not leave the train, vessel, or other vehicle of conveyance during such time, such surveillance to include the conveying with the transit aliens of one immigration official for each group of 60 or less aliens. The transportation companies shall furnish transportation to the immigration official who accompanies each group, and shall pay all expenses incident to the travel, both ways, to which the inspector shall be put. In no instance shall the inspector personally collect money from the aliens themselves, but he shall look to the interested transportation companies or to the parties interested in the movement of the aliens for the payment of all of these expenses. The immigration officials in charge and steamship and railway lines shall cooperate to the fullest extent practicable in the grouping of the transit aliens, and each group accompanied shall contain a reasonable number of persons, all attendant circumstances considered.1

Rule 10. SEAMEN.

SUBDIVISION 1. Who are seamen.-(a) "The term 'seaman' as used in this act shall include every person signed on the ship's articles and employed in any capacity on board any vessel arriving in the United States from any foreign port or place" (sec. 1). In the seamen sections (secs. 31-36) the terms "member of the crew," "alien employed on board," "alien seaman," and "alien employee are used as synonymous with the word "seaman" as defined in the act. Wherever such words or terms are used in this rule or in the immigration act they shall have the meaning above given. Only aliens who come within such definition shall be treated in the special manner herein specified. The cases of all others shall be handled in accordance with the general requirements of the immigration act and of other immigration rules herewith promulgated or in accordance with the treaty, laws, and rules governing the admission of Chinese. (b) "Arriving in the United States from any foreign port or place" means arriving in the "United States, and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone," from any port or place in a foreign country, in the Canal Zone, or in any insular possession of the United States (secs. 1, 19, and 31-36 of the immigration act; sec. 1 of the Chineseexclusion act of April 29, 1902, as amended by sec. 5 of the deficiency act of April 27, 1904) or, in cases of Chinese persons or persons of Chinese descent, in the Territory of Hawaii (last mentioned act and joint resolution of July 7, 1898). In the expression "reship foreign" and similar expressions used in this rule, the word "foreign" includes the insular possessions and the Canal Zone in all cases and also Hawaii in Chinese cases.

SUBD. 2. Collection of head tax.-(a) The head tax shall be collected on "alien seamen regularly admitted as provided in this act." (Sec. 2.) If the seaman shall be discharged in a United States port

1 On account of aliens in transit through the United States under this arrangement the deposit of head tax is not required. (See subd. 3 (g), Rule 1.)

by the master or any other officer of the vessel "bringing such alien to the United States," and thereupon shall be regularly admitted, the tax shall be paid by the "master, agent, owner, or consignee of the vessel" or "transportation line" responsible under section 2.

(b) If the seaman lands without being discharged and voluntarily applies to the immigration officials for examination, or is apprehended after entering without inspection and examined, and as a consequence of either examination is admitted, the seaman shall be required to pay the tax himself as a condition precedent to his regular admission. But the same exception that applies to alien passengers from the insular possessions shall apply to cases arising hereunder.1

(c) "Regularly admitted" means admitted with intention not to reship foreign and in accordance with the terms of this rule.

SUBD. 3. Listing, registering, and identifying.-(a) Arriving and departing seamen shall be listed on the blank forms provided for that purpose by the department, in accordance with the terms of section 36. When an arriving seaman is a workaway" a notation to that effect should be made upon the list.

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(b) Clearance shall not be granted any vessel until the lists required by section 36 have been furnished, and not then unless notice of liability to the administrative fine prescribed by said section or to that prescribed by section 35 having been served, the deposit specified in Rule 28 (subd. 2) has been made.

(c) The notice required by section 36 to be furnished regarding any alien who may have "illegally landed" while the vessel has been in port should consist of a letter reporting the fact and giving the name, nationality, and description of the alien and "any information within the knowledge of the master or officers of the ship or transportation line "likely to lead to his apprehension." "Illegally landed" means landed in any manner other than that prescribed in this rule.

(d) When a vessel calls at several United States ports the list of arriving seamen required by section 36 shall be delivered to the immigration official in charge at the port of arrival, who will give his receipt therefor to the master; the report of the illegal landings required by said section shall be made to the immigration official in charge at the port of arrival or call where the illegal landing occurs; and the list of departing, deserted, and landed seamen required by said section shall be delivered to the immigration official in charge at the final port of call, i. e., the port from which the vessel departs sailing foreign. The immigration official in charge at any port of call or final clearance foreign shall promptly notify the immigration official in charge at the port of initial entry (where the incoming crew list is filed) of any and all changes occurring in the crew of any vessel subsequent to departure from such initial port of arrival; and such report shall be filed with the crew list to which it refers.

(e) A card register of arriving seamen shall be prepared and kept in the following manner: Masters or other officers of vessels in the foreign trade shall furnish each alien seaman in their employ with

1 See subd. 3 (i) and subd. 4, Rule 1.

2 Form 680 for arriving; Form 689 for departing.
3 Form 689.