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increase in fees provided for by the legislation introduced at the last session of Congress, the receipts by the Government from this source should be sufficient to pay the entire cost of the administration of the law, including the employment of examiners by the Department for the purpose of collecting evidence for the use of the United States attorneys in opposing petitions and in instituting proceedings, under the provisions of section 15 of the act, for the cancellation of naturalization certificates illegally and improperly granted, as well as for other necessary uses incident to an effective enforcement of all the provisions of the law.

Upon this last-mentioned subject it does not seem necessary to reiterate what was said a year ago as to the necessity for the appointment and use of examiners. This was admitted at a meeting of a subcommittee of the House Committee on Appropriations, but the recommendation of the Department that a specific appropriation for the purpose indicated should be made was refused, apparently upon the ground that such officers should be under the Department of Justice, since, it was contended, they were concerned with the work of the courts. Upon a reconsideration it is believed the error of this view will be acknowledged, since the collection of evidence, to be used in proceedings before the courts or not as the nature of such evidence may warrant, is of a preliminary character and constitutes no part of the functions of the courts or of their officers. If there were any doubt as to the soundness of this view of a question which is merely one of efficiency and propriety in the distribution of administrative work, it would be set at rest by the express provision contained in section 1 of the naturalization act of June 29, 1906, which declares that "all matters concerning the naturalization of aliens" shall be "under the direction and control of the Secretary of Commerce and Labor."

The distinctive feature of the new law which broadly marks it from all legislation upon the subject of naturalization theretofore passed is the provision authorizing, and requiring so far as may be necessary to prevent violations of the law, the appearance of the Government by counsel in court to oppose the granting of naturalization in any case where the Government is of the opinion that the petitioner has not complied with the law, or is disqualified in any way to become a citizen of the United States. In other respects the law is substantially as it has been for a hundred years, so far as it prescribes the qualifications necessary to become naturalized. The success of the new law therefore depends upon the extent to which the Government can avail itself of this right to appear, and to object if necessary. But it is useless for the Government to enter an appearance unless, before the petition is called for hearing, it has made an investigation and ascertained whether there is any reason for its appearance and

objection. Otherwise, such appearance, despite the right conferred by the act to cross-examine a petitioner and his witnesses, and to introduce evidence, is merely a device which will operate to delay the business of the courts, and in only a few cases and by mere accident would counsel for the Government succeed in disclosing any objection that would satisfy the court that a petitioner should be denied naturalization. It is therefore indispensable to an effective enforcement of the naturalization law that authority be granted the Department to employ the services of examiners.

The report of the Chief of the Division of Naturalization points out the need of other amendatory legislation, such as the right of appeal from the decisions of courts of original jurisdiction in naturalization cases to the United States circuit courts of appeals, the revision of sections 2166 and 2174 of the Revised Statutes, and of legislation in regard to seamen in the Navy and the United States merchant marine, so as to reconcile certain apparent contradictions in that legislation to the provisions of the act of June 29, 1906.

By section 1 of the naturalization act commissioners of immigration and inspectors in charge at ports of entry are required to keep a record of the name, age, occupation, personal description, and various other items, with respect to each alien admitted to the country, so that such data may be available when required by the courts to which application may in future be made by the aliens for naturalization. Unfortunately a number of these items are not included in section 12 of the immigration act requiring steamship companies to furnish detailed manifests regarding aliens brought to United States ports, and therefore a failure to furnish such items is not penalized by section 15 of said act. It is highly important, both to the Government and to aliens who may desire to be naturalized, that the data shall be recorded, and it is recommended that section 12 of the immigration act be so amended as to include each item mentioned in section 1 of the naturalization act.

The official force of the division, as a result of the additional amount of work indicated by the naturalization papers filed during the year in the various courts, has been increased by four clerks, and will require a still further increase during the coming year.

APPENDIX.

ESTIMATE OF NET IMMIGRATION DURING TEN-YEAR PERIOD, 1899 to 1908.

Since July 1, 1907, a record of alien departures has been made by the Bureau of Immigration and Naturalization. Based upon this record the following estimate of the net immigration during the past ten years has been made. Unusual conditions have existed since the recent financial depression. Conditions were normal, however, during July, August, September, and October, 1907. For this reason the ratio of alien departures during those four months has been used upon which to base estimates of such departures during the previous nine years.

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The calculations in the above table are arrived at in the following manner: Alien arrivals.-The total number of alien arrivals of all classes is known except in 1899. The numbers shown under the head of "Accepted immigration" are the regular immigration figures and do not represent the entire alien arrivals; the number of other alien arrivals, except during 1899, are known, however, and are shown under the head of "Other alien arrivals." The sum of the two make the total alien arrivals. For the year 1899 "Other alien arrivals" have been estimated at 45,000.

Alien departures.-From the record of alien departures made from the outward manifests for July, August, September, and October, 1907, it is ascertained that 72.9 per cent of all departures during those months were aliens. By applying this ratio to the departures of all trans-Atlantic passengers, 1899 to 1907 (data regarding which have been taken from the records of the TransAtlantic Passenger Conference), the estimated number of aliens departing for Europe during those years has been ascertained. As 95 per cent of all alien arrivals come from Europe, it is fair to assume that the European departures represent 95 per cent of the total departures. Five per cent has, therefore, been added to the estimated trans-Atlantic alien departures to make the "Total alien departures" as shown. The figures given for 1908 are the actual alien departures shown by outward manifests.

Net immigration.-The difference between the total alien arrivals and the total alien departures represents the estimated net immigration as appears under that heading in the table. The estimated net immigration during the past ten years is shown to be 5,240,300, which is 68 per cent of the accepted immigration for the period.

BUREAU OF CORPORATIONS.

The Bureau of Corporations has continued its work of investigation of industrial interstate corporations and the publication of important facts relating thereto. It has continued to prepare, as the result of these investigations, reports on particular industries, and with the authority of the President has made them public, together with the conclusions of the Commissioner upon the facts set forth.

On May 5, 1908, the Bureau, in response to a joint resolution of Congress dated February 18, 1907, published a report giving the results of the investigation of patents granted to officers or employees of the United States. While this report was somewhat out of the usual line of the Bureau's general work, it served, as was intended, to call the attention of Congress to the conditions under which employees of the Government take out or hold patents on articles in which the Government is interested, and brought out also the fact that the Government is receiving the free benefit of much high inventive ability from its employees through patents taken out by them and practically dedicated to government use.

On August 5, 1907, the Bureau published its third Report on the Petroleum Industry, entitled "Prices and profits." This report dealt with the results of certain methods of the Standard Oil Company. It was the logical sequel of earlier reports, which had set forth the business methods of that company. This last report showed the results of such methods upon the consumers and upon the profits of the Standard Oil Company.

In December, 1907, the Commissioner of Corporations published a statement giving the facts in answer to certain allegations of the Standard Oil Company concerning its conviction at Chicago for accepting concessions over the Chicago and Alton Railroad.

On May 4, 1908, the Bureau published Part I of the Report on Cotton Exchanges, in response to a resolution of the House of Representatives of February 4, 1907. This part dealt with "Methods of establishing grade differences for future contracts," a technical question of interest chiefly to those concerned in the cotton business, but involving matters of great importance to that business.

A few weeks later, on May 29, 1908, the Bureau published Part II of the Report on Cotton Exchanges, which dealt with the "Classification of cotton," and Part III thereof, which dealt with the "Range of grades deliverable on contract," these subjects being related to the general operations on cotton exchanges.

The Bureau has now on hand and unfinished investigations of the tobacco, steel, and lumber industries, inland waterways, the Inter

national Harvester Company, and further investigations of the petroleum industry and the cotton exchanges. It is also engaged in preparing special subject-matters for the use of the National Conservation Commission, recently appointed by the President.

The five years' experience of the Bureau since its creation in dealing with corporate affairs has made it clear that the greatest advance toward corporate reform must come through some general system of publicity. The logical conclusion from the work of the Bureau thus far points to the imperative need of a Federal constructive system for the positive supervision of interstate corporations, to the primary end of securing efficient publicity in corporate affairs. Such publicity must be of the sort that is adapted to the practical requirements of American public opinion. It can not content itself with the mere publication of masses of facts and figures. These alone are not fitted to form the basis of public opinion. The Government must collect such figures, but to make them of any use in this connection it must also summarize and digest them and present them to the public in the shape of brief, reliable, clear conclusions showing important corporate facts. The work of the Bureau of Corporations thus far has been directed to this end, and the results have demonstrated its value. It has been shown in many cases that the mere publication of improper business methods has led to the immediate abandonment of those methods. But the scope of this work and its beneficial results could be greatly extended by the establishment of a general Federal system of supervision of interstate corporations.

Another fact, touched upon in my last report, has been still more clearly demonstrated by the work of the Bureau. It is becoming more and more obvious that the work of the Government in regulating corporations should not be directed at the mere existence of combination itself, as such, but should deal rather with the way in which the combination powers are used, so as to prevent as far as possible the misuse of these great industrial forces. Only such combinations as are formed for wrongful purposes, or such combinations as use their powers for evil, should be brought under the condemnation of the law. It is useless to ignore the operations of the economic law that has brought about the present concentration in business. It is useless to ignore the fact, further, that this concentration is already largely accomplished. Recognizing these facts and principles, we must at least be consistent in our treatment of the subject. To attempt to prohibit all combination and at the same time to regulate combinations is of course inconsistent. If, then, we have found that it is impossible, impracticable, or unwise to prevent, in general, all industrial concentration, the obvious alternative is to regulate it, and especially to regulate and supervise the use of the great commercial and economic powers that it produces and to make

67044-C & L 1908-3

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