law, with the privilege of appeal to the Department, which the record showed had not been denied them. From this decision an appeal was taken to the circuit court of appeals, by which a confirmatory decision has been handed down. This, it is thought, is the most important judicial decision in Chinese matters rendered since the Supreme Court's decisions in the Sing Tuck and Ju Toy cases, for it will now be possible to handle promptly and with good effect, and at the same time with absolute justice and the avoidance of long delays and expense to the Chinese, all cases arising immediately on the land boundaries.

By reference to Table 1 (p. 246) it will be seen that during the year 2,800 Chinese have passed through the United States in transit to other countries-1,962 overland and 800 by water. There is no reason to doubt that with these transits, as with the same class in the past, many enter Mexico and other near-by countries with the purpose, often accomplished, of eventually taking up a residence in the United States despite the provisions of law, this country being the El Dorado of the coolie's desire because so many of his friends have returned to the various districts of Kwang Tung Province of China in comparative wealth, or are now prospering in the towns and cities of this country, where they are engaged in the laundry or restaurant business.

Seamen of the Chinese race to the number of approximately 30,000 have entered ports of the United States during the past year, and it has been no small part of the duties of the immigration officials at such ports to guard against their permanent stay in the country. This special feature of the alien seaman question (discussed in its general aspects in subtitle 1 of Title I hereof, p. 106) is doubly important, because both the immigration and exciusion laws are violated by seamen of the Chinese race. While probably it was the expectation of the lawmakers, in the first instance, that under the Chineseexclusion law (secs. 9 and 10, act of September 13, 1888) no seamen of that race should be allowed to enter the ports of this country unless under the most urgent necessity, the practice almost immediately grew and has been continued until the present time, of making no further restrictions in this respect than to require such steamships upe as allow Chinese seamen to go ashore in ports of this country to furnish bond conditioned for their departure; and, while the law imposes a penalty against a master who allows a Chinese laborer to escape into the country, it is difficult, as the statute is drawn, to Pobtain a conviction in such a case, so that the law thus becomes of olittle effect.

When the Secretary of Commerce and Labor was in Hawaii in August last, a petition was presented to him by a number of the leading Chinese of that place who had been born in the islands or had been naturalized as citizens of the kingdom or republic prior to annexation, that they be furnished with an official paper or certificate which would be accepted by the immigration inspectors as conclusive evidence of their right to come and go at will. This quite reasonable request was referred by the Secretary to the Bureau, and the latter suggested a modified application of "rule 59" of the

Chinese-exclusion regulations of May, 1905, since abandoned (quoted in last year's report, p. 178), to the cases of Chinese citizens of Hawaii. The proposal was taken up and discussed with a committee of the Chinese-Americans, with the result that mutually satisfactory arrangements were made for the issuance of a beautifully and effectively engraved certificate, prepared by the Bureau of Engraving and Printing with the highest degree of care on secret process paper, a copy of which is here given.

No.

[Face.]

ORIGINAL.

UNITED STATES OF AMERICA-CERTIFICATE OF IDENTITY-ISSUED IN COMFORMITY WITH A REGULATION OF THE DEPARTMENT OF COMMERCE AND LABOR, ADOPTED JANUARY 14, 1908.

This is to certify that the case of the person named on the reverse side hereof has been adjudicated, satisfactory proof having been submitted and placed on file showing said person to have been born in the Hawaiian Islands or naturalized as a citizen thereof prior to the annexation of said islands to the United States.

This certificate is not transferable, and is granted solely for the identification and protection of said Chinese person so long as his status remains unchanged; to insure the attainment of which object an accurate description of said person is written on the reverse side hereof, and his photographic likeness is attached, with his name written partly across, the number above given perforated through the edge of, and the official seal of the inspector in charge impressed partly over, said photograph.

Thus an embarrassing situation with respect to the enforcement off the exclusion laws in Hawaii has been successfully met, and the plar followed furnishes a valuable illustration of what can be done in the way of a registration that is practically incapable of being made the basis of such fraud and deceit as has been practiced in connection with the registration of Chinese laborers conducted under the acts o 1892 and 1893.

4. CANADIAN AND MEXICAN BORDER CONDITIONS.

The generally satisfactory situation with respect to the enforcement of the Chinese-exclusion laws along the Canadian border, described in the reports of the Bureau for the past several years, has continued and been even more marked during the fiscal year 1908. In accordance with the agreement with the Canadian Pacific Company, all Chinese who seek to enter the United States.

e

regularly through Canada are examined at four designated ports of entry under conditions which make it possible to handle their cases in the same manner as though they were applying for admission at a seaport, and any rejected are promptly returned to the country of origin by the company at its expense. The smuggling of Chinese across the Canadian border was formerly quite extensive and the practice has never been wholly discontinued. In recent years, however, by reason of the $500 head tax charged by Canada on Chinese laborers and because of the good effect produced by the agreement with the Canadian Pacific Company above mentioned, these operations have been greatly reduced. There has been considerable effort during the past year to introduce into Canada, despite the head tax, a supply of Chinese coolies from which to draw from time to time parties to be smuggled into this country. These efforts have been only partially successful, and it is confidently believed that the number of Chinamen actually landed in the United States by these means has been small compared with the operations of several years ago. The Canada-New York line has always been the center of these operations, Buffalo being used as a convenient point at which to effect the entry of those whom it was intended to convey to the interior without allowing them to be apprehended, and Rouses Point and that vicinity being selected as the place at which to enter those with respect to whom coaching and other prearrangements for witnesses, etc., had been made with a view to establish a fictitious claim of American citizenship and not only introduce the Chinamen into the country but insure their continued residence here. In the latter months of the year it became apparent that operations, for some time practically abandoned, had been actively resumed at Buffalo, and steps were immediately taken to strengthen the force of employees and nip the renewal in the bud; this, it is believed, will be successfully accomplished.

The reports of the inspectors in charge of districts contiguous to the Canada border bear out the above assertion that smuggling thereon is not extensive. The report of the inspector in charge of the New York district shows that at Buffalo, after the tightening of the lines at that place, above mentioned, 8 Chinese were apprehended. Also that during the year 67 Chinese submitted to arrest in the vicinity of Rouses Point, which, with 21 such cases pending from the previous year, made a total of 88 cases considered; that of these, 61 of the Chinese were discharged as American citizens and 9 were actually deported, leaving 18 pending at the close of the year. He points out further that these 67 new cases arose during the first half of the year and that no Chinamen have submitted to arrest in northern New York since the success of the Government in the Tom Wah and Chow Chok cases carried by the Department of Justice as tests of the law to the circuit court of appeals upon the special request of the Bureau, which matter is explained in detail under subtitle 2 of this title (p. 253). These decisions will go far toward affording a permanent remedy for the evil which has for so long existed in the northern district of New York and which has been the subject of extended comment in previous reports of the Bureau.

In last year's report (pp. 184-186) quotations were furnished from letters written the Bureau by Inspector Marcus Braun, with the object of emphasizing the seriousness of the Mexican border situation

67044--C & L 1908-17

with respect to the smuggling of Chinese. No one subject has had more attention at the Bureau's hands during the past year than this. The consolidation of the Mexican border from the Gulf of Mexico to the California line under a supervising inspector, stationed at San Antonio, Tex., has made possible a control of the situation not heretofore approached, and the Bureau believes that it is not going too far to say that conditions have been revolutionized, and the smugglers and promoters of Chinese immigration brought to their wits' end to devise new schemes to defeat the law.

A few figures will illustrate this marked improvement. During the fiscal year 1907, 229 Chinese were apprehended in the territory comprising the district above mentioned, while during the past fiscal year 671 have been apprehended. The vicinity of El Paso is the most important part of the district, Juarez on the Mexican side at that point being the headquarters of the smugglers. On that particular portion of the border during the fiscal year 1907, 101 Chinese were apprehended; during the first six months of the past fiscal year, 111 Chinese were taken into custody in said locality, and during the last six months of said fiscal year-that is, after the reorganization and rehabilitation of the force under the supervising inspector had been accomplished-251 Chinese unlawfully entering were arrested. The consolidation of the service under a single head has made it possible to improve the service in many other respects. It is believed that the foundation has been laid for a much more successful handling of Chinese cases in the Federal courts, the delays and apparent miscarriages of justice in times past having been a continual aggravation. Moreover, the officers all along the border are now a part of an entire machine and harmonious cooperation and systematic endeavor are being attained. For these reasons, the Bureau asserts that the past year has witnessed the greatest forward step ever taken toward a successful enforcement of the Chinese-exclusion laws along the Mexican border. For this improvement credit is due to Mr. Frank W. Berkshire, who was inducted into the office of supervising inspector about the first of the fiscal year after a valuable and eminently satisfactory experience as inspector in charge of the New York-New Jersey district. His grasp of the situation and prompt mastery of the details of his large undertaking and the splendid executive ability he has shown are deserving of this public recognition, notwithstanding the fact that in his reports he modestly inclines to place most of the credit upon the shoulders of his subordinates, who do, undoubtedly, constitute a faithful and well-equipped corps of officers.

5. REPORTS OF INSPECTORS IN CHARGE.

In accordance with the regular custom, the inspectors in charge of the various administrative districts into which the territory of the United States is divided for convenience in enforcing the Chineseexclusion laws have submitted to the Bureau reports covering the work accomplished during the past fiscal year. Space will not permit of the insertion of copies or extracts of even the most important of these reports. Those relating to conditions on the Mexican and Canadian borders have been already mentioned under the preceding subtitle hereof. While the various reports do not show that there has been any systematic effort to affirmatively enforce those portions

of the law which relate to expulsion from this country of Chinese not in possession of the statutory evidence of lawful residence, they do show that the other provisions of law relating to the investigation of cases of domiciled merchants and laborers, the furnishing of certificates in lieu of those lost or destroyed, etc., have been carefully observed, and that their enforcement has been generally satisfactory to all concerned, no cause for complaint having arisen during the entire year. The reports from the various border districts and ports of entry confirm the showing of the statistical tables, commented upon in subtitle 2 hereof, that there has been a considerable increase in the number of Chinese seeking to enter the United States-both of those making bona fide claims and those endeavoring to establish claims of a fictitious character—and show that every possible effort has been exerted to enforce the exclusion provisions equably and efficiently.

III. DIVISIOn of inforMATION (ANd distribuTION).

The matters reported and discussed in this title, so far as they have been proper subjects for notice heretofore, have been considered in preceding reports under a subtitle of Title I, designated "Distribution of aliens." During the past year, however, Congress having adopted the recommendation urgently made by the Bureau in several preceding reports, there has been in operation the division established by section 40 of the immigration act of February 20, 1907, going into effect July 1, 1907. A report covering the operations of that division, submitted by the chief thereof, Mr. T. V. Powderly, is accordingly quoted in its entirety. (See pp. 269-278.)

IV. NATURALIZATION.

There is no necessity for any comment by the Bureau on this subject, the report submitted by the Chief of the Division of Naturalization, Mr. Richard K. Campbell, being comprehensive and detailed. Following the plan adopted in the report for the fiscal year 1907, the report made by the said chief of division is quoted in its entirety. (See pp. 279-301.)

V. THE BUREAU AT WASHINGTON.

This title has been devoted in the reports for the past several years to a statement of the work of the Bureau in the sense that it constitutes the headquarters of the Immigration Service. A description of the duties and the year's work of the two special divisions of the Bureau is given elsewhere in this report. For a description of the duties of the Bureau proper, or what might be termed the "Immigration and Chinese Division" of the Bureau, reference may be had to this title in the report for 1906, or to the brochure published in November, 1907, entitled "Organization of the Bureau of Immigration and Naturalization." Here is furnished, as comprehensively as may be with due regard to conciseness, a statement concerning the work actually accomplished during the fiscal year

1908.

It might naturally be supposed that with an enormous decrease in immigration there would be a corresponding decrease in the work