(The act referred to is as follows:)

[PUBLIC NO. 262-66тH CONGRESS.]

(H. R. 11224.]

AN ACT To amend the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and si nilar classes," approved October 16, 1918.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes," approved October 16, 1918, is amended to read as follows:

"That the following aliens shall be excluded from admission into the United States:

'(a) Aliens who are anarchists;

(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches, opposition to all organized government;

"(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) 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, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage:

"(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter, advising, advocating, or teaching, opposition to all organized government, or advising, advocating or teaching: (1) the overthrow by force or violence of the Government of the United States or of all forms of law, or (2) 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, or (3) the unlawful damage, injury or destruction of property, or (4) sabotage;

"(e) Aliens who are members of or affiliated with any organization, association, society, or group, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the charaeter described in subdivision (d).

"For the purpose of this section: (1) the giving, loaning, or promising of money or any thing of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning, or promising of money or any thing of value to any organization, association, society, or group, of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation."

Approved, June 5, 1920.

The CHAIRMAN, So, as a matter of fact, the consuls do make use of section 3 of the immigration law of 1917?

Mr. DOUGHTEN. Yes.

The CHAIRMAN. In refusing these aliens or in giving them that information?

Mr. DOUGHTEN. Not in refusing.

The CHAIRMAN. I had a case called to my attention as to how this law would work, and under the visé law. I am told that an employee

of one of the consular offices in England embezzled £7 and was discharged and perhaps arrested.

Mr. DOUGHTEN. At London.

The CHAIRMAN. And his family made restitution. Later he decided to leave England for the United States and made application for visé to the passport and was informed by the consular officer that he should not attempt to enter the United States, that he had committed an act involving moral turpitude; that the consular officer would have to report the facts, and upon his reaching the port of entry he would be denied admission.

Mr. DOUGHTEN. I remember the case.

The CHAIRMAN. The young man said that he could get to the gates of the United States; that he could get through. When he reached Ellis Island he was properly rejected and turned back, the consular officer not having had the right to refuse a visé for that act involving moral turpitude. When this young man got back to England he caused to be printed in all the newspapers there statements describing Ellis Island as a black hole of Calcutta, denouncing the United States, and giving those people reason to believe that he did not want to come here at all.

Mr. DOUGHTEN. Yes.

The CHAIRMAN. With a provision of this kind, the consular officer, instead of telling him he was not likely to be admitted, would say: "You can not have a quota certificate," and that burden would not be landed on the doorstep of the United States.

Mr. DOUGHTEN. That is true. I know one case of that sort makes a bad impression in the press and is to be avoided, but under the present law we have not the power to refuse a visé to such a person.

The CHAIRMAN. A law of this kind that put greater power in the hands of the consul, with the right to reject and the necessity for making some inquiry, would strengthen the laws intended to keep persons of bad political beliefs and character out of the United States. Mr. DOUGHTEN. It would.

Mr. RAKER. But under the present passport law the consular officer has the right under the treaties to refuse or grant these passports to any party making the application which on its face is all right, and if he finds out it is not, he can reject.

Mr. DOUGHTEN. Yes.

Mr. RAKER. And if there are certain facts for which he can not reject it, he can report that to the immigration officer.

Mr. DOUGHTEN. That is right.

Mr. RAKER. But if we take the provision suggested, which is not in the bill, that would permit the consular officer to absolutely have the power of rejecting or admitting a man to start to the United States. He himself would be the sole arbiter, would he not?

Mr. DOUGHTEN. He would.

Mr. RAKER. Without any treaty or law giving the consular officer that power?

Mr. DOUGHTEN. That is correct.

Mr. FREE. What are these treaty provisions that are referred to here?

Mr. DOUGHTEN. I do not know of any particular treaty provisions in regard to this.

Mr. PORTER. What treaty is there with any country that prohibits consular officers from determining whether or not a man shall enter the United States?

Mr. DOUGHTEN. There is no treaty that I know of.

Mr. PORTER. I thought not.

The CHAIRMAN. As to this question under the modified quota, which is now law, the President by proclamation may withdraw this visé requirement at any time?

Mr. DOUGHTON. That is true.

The CHAIRMAN. Would it in your opinion be possible for the President, if we should pass a quota certificate law, with no mention of passports in it as to whether visé for immigrants should or should not be required-would the President, in your opinion, have the right to exempt certain classes of immigrants from the visé requirements?

Mr. DOUGHTEN. In my opinion, the President has the right at any time to exempt aliens.

The CHAIRMAN. All or any.

Mr. DOUGHTEN. While it shall remain in force.

Mr. FREE. The question comes back to the difference between what we are putting in this act and the passport law.

Mr. SABATH. We have a stronger provision in the act than the passport provision.

Mr. FREE. We have no discretion in the immigration law and they have.

Mr. DOUGHTEN. The law reads that it shall until otherwise ordered by the President or Congress be unlawful for the following persons to be admitted, and then it provides for the various classes.

Mr. FREE. Does the law as modified now apply to departures? Mr. DOUGHTEN. No, sir.

Mr. FREE. So the clause you have just read does not fit the situation.

Mr. DOUGHTEN. That clause covers all the remaining ones.

Mr. FREE. Will you state in a few words what the law as modified and covered in the present law in regard to passports and visés is? Mr. DOUGHTEN. The present law is that it shall be unlawful for them to enter the United States. "No alien shall receive permission to depart from or enter the United States."

Mr. RAKER. I can not understand why we should amend the passport law. I can not conceive why they should take it away. Mr. SABATH. That was a war measure.

Mr. RAKER. The idea of trying to monkey with the passport law that has been on the statute books, where the United States can keep a record of those that are viséed, reports made by the steamship companies, giving the benefit to the immigration officer, and the world knows the practice is not sound. Why we should monkey with it and try to put it into somebody else's hands that has no control is beyond my conception.

The CHAIRMAN. Whether we do or do not monkey, if that is a proper word, with the passport law, we should have the information to enable us to handle the question that will be brought up in the House. We want the information carefully and in detail, and we want the law presented to us in its modified and effective form.

Mr. DOUGHTEN. Suppose I read this in full:

Be it enacted, etc., 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—

(a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions, as the President shall prescribe

I might say that the President did prescribe by Executive order designating the Secretary of State to make such regulations as he may require.

That is the gist of the law or the Executive order under which we act. That is the point.

Mr. FREE. Have you the Executive order?

Mr. DOUGHTEN. Yes.

Mr. FREE. May we have that?

Mr. RAKER. And the rules and regulations made under it.

Mr. DOUGHTEN. The fourth paragraph of the Executive order reads as follows:

I hereby designate the Secretary of State as the official who shall grant, or in whose name shall be granted, permission to aliens to depart from or enter the United States; I reaffirm sections 25, 26, and 27 of the Executive order of October 12, 1917, vesting in the Secretary of State the administration of the provisions of section 3, subsection (b), of the trading with the enemy act; I transfer to the Secretary of State the executive administration of regulations 9 and 10 of the President's proclamation of April 6, 1917, of regulation 15 of the President's proclamation of November 16, 1917, and of regulations 1 and 2 of the President's proclamation of December 11, 1917, and the executive administration of the aforesaid regulations as extended by the President's proclamation of April 19, 1918. The rules and regulations made by the Secretary of the Treasury as authorized by Title II, section 1, of the espionage act approved June 15, 1917, and by the Executive order of December 3, 1917, shall be superseded by this proclamation and the rules and regulations promulgated in pursuance hereof in so far as they are inconsistent therewith.

I hereby direct all departments of the Government to cooperate with the Secretary of State in the execution of his duties under this proclamation and the rules and regulations promulgated in pursuance hereof. They shall upon his request make available to him for that purpose the services of their respective officials and agents. The Secretary of the Treasury, the Secretary of War, the Attorney General, the Secretary of the Navy, the Secretary of Commerce, and the Secretary of Labor shall, at the request of the Secretary of State, each appoint a representative to render to the Secretary of State, or his representative, such assistance and advice as he may desire respecting the administration of this proclamation and of the rules and regulations aforesaid.

Mr. PORTER. What is the date of the proclamation?
Mr. DOUGHTEN. August 8, 1918.

Mr. PORTER. That law was repealed by the peace resolution? ̧ ́
Mr. DOUGHTEN. I believe not. I think that was one of the last.
Mr. PORTER. It provided that in case of war. Now, the war is

over.

Mr. DOUGHTEN. Yes.

Mr. PORTER. What action has Congress taken to reenact that into law since the war ended?

Mr. DOUGHTEN. There was a bill signed by the President on March 3, and it has been decided by the Secretary that it did away with the war control. The Attorney General held that the act was still in force until the President or Congress should act to repeal it.

The CHAIRMAN. Is it clear to you from reading the proclamation that the President might modify the visé law in so far as it might apply to the immigrant class of aliens?

Mr. DOUGHTEN. I think, unquestionably, he could do away with it altogether, whether or not he could partially do away with it, although actually that has been done in the case of the Canadians.

The CHAIRMAN. He has modified the law in regard to a certain class of immigrants.

Mr. DOUGHTEN. Certain classes have had Executive orders, Cubans, and in the case of Santo Domingo and Haiti certain classes have been exempted.

The CHAIRMAN. They have been exempted by Executive order. Mr. DOUGHTEN. By Executive order, so it appears that he has the power to modify the law.

The CHAIRMAN. What is the situation in regard to viséing passports of Russians coming to the United States?

Mr. DOUGHTEN. Of course, we have no representation in Russia. The applications of Russians are taken at one of the offices of the border consuls, at the nearest consul they can get to, at Reval, Riga, Kovno, Warsaw, Bucharest, or Constantinople, or Harbin on the eastern side. We are very reasonable in that, the first one they can get to, the nearest to their home, or the first border consul.

The CHAIRMAN. What does the Russian have in his possession in lieu of a passport of his government?

Mr. DOUGHTEN. Perhaps Mr. Huddle can speak of that. He has recently returned from Warsaw and has handled that.

Mr. FREE. I have not understood yet the discretion in the consul to refuse a visé—that is, it has not been read to me in the law or regulation yet. This refers back to certain Executive orders. What were those Executive orders? I would like to run this out and see just what authority the consul has.

Mr. DOUGHTEN. Under the reasonable rules and regulations and orders which the President shall prescribe.

Mr. FREE. What are they?

Mr. DOUGHTEN. Those are the present regulations under which we act. The President delegated that power to draw up such regulations.

Mr. FREE. To the Secretary of State.

Mr. DOUGHTEN. Yes.

Mr. FREE. What regulations are provided by the Secretary of State?

Mr. DOUGHTEN. The Secretary of State prepared regulations under which consular officers should act. For instance, if a Pole wants to come to this country, and does not get his visé in Poland but proceeds to France he can not get one there until he has had one year's residence. He must have been there long enough for the consul to have some knowledge of his activities.

Mr. FREE. I understand that those regulations have been made. Have you those regulations?

Mr. DOUGHTEN. I have those regulations. They are of a confidential nature.

Mr. PORTER. Perhaps I can throw light on the matter, because your mind and mine are about the same. After the passage of this bill, I had a talk with Mr. Carr, Director of the Consular Service.