The CHAIRMAN. I think it would be well to put in the report of the committee on State affairs of the National Republican Club of New York, which deals entirely with the cost of alien defectives. the alien insane in the State of New York and the desire of that State to collect from the United States $17,000,000 for their expense. Mr. Box. Are you putting the whole of that pamphlet in? The CHAIRMAN. It is not a pamphlet.

Mr. Box. We had that same matter up once before, and it was elim inated on reconsideration.

Mr. RAKER. This is another matter. This is not a pamphlet; it is from the Republican Club.

Mr. SABATH. It is the same matter in which the State of New York seeks to recover from the United States $17,000,000 under an agree ment entered into between the State of New York and the Federal Government, whereby the Federal Government should collect a hea: tax and turn it over, or a portion of it, to the State of New York. Mr. WILSON. If that is a claim, why should it not go to the Committee on Claims?

The CHAIRMAN. I wish to insert it because it is much more concis than a pamphlet and more appropriate than the statement of D: Spencer L. Dawes. It carries this statement :

On June 30, 1923, there were on the books of the State hospitals for the Insane 41.302 patients, of whom 10.440 are aliens Thus, over 25 per cent of the total population of the civil State hospitals are aliens.

Do not confuse foreign born with aliens. This refers to alier population. In another place it refers to the alien population of New York as different from the foreign-born population.

Mr. RAKER. This ought to go in the record for the purpose of showing that the enforcement of the law necessitates putting pro visions in this bill that will remedy that con lition.

The CHAIRMAN. This is a matter that I think is of particular in portance, inasmuch as there has been an effort to combat the state ments of Docter Laughlin. It also states that 95 per cent of the pop ulation of insane asylums in New York are allers-not foreign bort or naturalized, but allers—that the population of New York by tcensus of 192) was 11385AST, of which 1911. Were allens at. 199,476 were described as unknown, some of whom may have bet aliens. It appeared further from the census that one-tenth of the

stion of New York in 122) were allens. The statement sap that it may be assumed that the same percentage exists t la-that is that aliens form the tenth of the population of New York-and aliens are 13 per cent of the prolatile of asylums 7 New York, a ratio of one-tenth against

The statement referred to

BANNE At de warm of the

REPORT OF THE COMMITTEE ON STATE AFFAIRS OF THE NATIONAL REPUBLICAN CLUB, The committee on State affairs, pursuant to a resolution adopted by the club at its December meeting, has investigated and considered the facts relating to the cost to the State of New York of caring for its alien insane in State institutions, and herewith submits its report and recommendations.

While some of the figures submitted relate to the fiscal year ending in 1922 as being the last published data, and the population of the State taken as comparison is from the census of 1920, this is not important, because the percentages given are substantially the same as they have been for several years and the percentages as regards the population would vary little.

On June 30, 1923 there were on the books of the State hospitals for the insane 41,302 patients, of whom 10,440 were aliens. Thus over 25 per cent of the total population of the civil State hospitals are aliens. During the last 10 years the percentage of aliens has not been below 25 per cent and has been as high as 29 per cent.

The population of the State of New York by the census of 1920 was 10,385,227. The census shows that of this number 1,011,120 were aliens; 129,466 were given as unknown, some of whom may have been aliens. From these figures it appears that approximately one-tenth of the population of the State in 1920 were aliens. It may be fairly assumed that the same percentage exists to-day.

Inasmuch as the aliens constitute 25 per cent of the insane patients of our civil State hospitals and only constitute one-tenth of the population, it is seen that the aliens have two and one-half times their percentage of population in our civil State hospitals for insane.

At the interstate conference on immigration held in New York City on October 24, 1923, Dr. Horatio M. Pollock, statistician of the State hospital commission, stated that it cost the State of New York for the fiscal year of 1922 (ending June 30, 1922) $4,657,423 to care for insane aliens in its State hospitals and for the fiscal year ending June 30. 1923, $4,386,621. He further stated that the average period of hospital residence of each alien was practically 10 years, and that it cost approximately $425 year to care for each patient.

At this same conference, Dr. C. Floyd Haviland, chairman of the New York State Hospital Commission, said that it was costing New York State $4,500,000 annually for the care and maintenance of alien insane.

The State architect estimates the present value of the State hospitals and equipment as representing a replacement value above $200,000,000. While the precise application of the funds provided for by the $50,000,000 bond issue voted at the last election has not been determined, it is estimated by those familiar with the situation that probably at least three-fourths of those funds will be used for buildings and equipment in connection with the insane. Applying the percentage of 25 per cent aliens, we have property already held by the State valued at over $50,000,000, and plans calling for a percentaage expenditure of between $9,000,000 and $10,000,000 for reconstruction and equipment applicable to aliens. There is also the item of interest on bonds issued for this purpose running into large figures.

An important phase of the subject under consideration is that of deportation of aliens who have become public charge.

Deportations of insane aliens can only be made in the case of aliens who have entered the country in violation of the law or who have become public charges from causes arising prior to entry.

Because New York City is the largest port of entry and so many of the aliens remain in the State, especially in the city of New York, New York is by far the largest sufferer from the burden of caring for insane aliens. The State has not the slightest power as to what aliens shall be admitted within its borders. Neither has it the right or power of removing aliens who become public charges. The State can not deport alien insane, when deportable, unless they consent, which is very difficult ordinarily to secure. The Federal Government alone has that power.

The procedure of deportation is for the State authorities to issue a certificate covering the case and upon this certificate a warrant of arrest and an order for deportation by the Department of Labor are issued at Washington. The issuance of a certificate is the State's request for relief, but it is practically helpless, except as the Federal Government may enforce the provisions of the 78952-24-SER 1A-56

immigration law. The Federal Government has been very lax in this enforcement.

Warrants of arrest for deportation are now frequently canceled at Washington, and often the Federal Government, without giving to the New York State officer who took the steps leading to the issuance of the warrant an opportunity to be heard, cancels a warrant. Once the warrant is canceled the alien can never be deported, even though he is a public charge at that partle ular time. At the interstate conference on immigration last October it was agreed that warrants ought not to be canceled without a hearing, and that warrants of arrest ought to be issued from the commissioner of immigration at the port of entry and not from Washington, as at present.

At this immigration conference, Dr. Spences L. Dawes, medical examiner of the New York State Hospital Commission, made the following statement: "At one time the State of New York maintained an official like a health officer who said who should and who should not enter the State of New York, and a head tax of 50 cents was charged. This was sufficient to have provided for the care and maintenance of deportable aliens in our State institutions without cost to the State. The Federal Government persuaded New York State to give up the head tax, the understanding being that the Federal Government should provide and care for these people. As a matter of fact, they immediately raised that head tax to $4; after a little while they raised it to $8. At the same time the Federal Government did pay New York State, and I presume did pay other States as well, for these aliens from the time that they were proved to be deportable aliens; later they decided against this and decided to pay from the time that the warrant of arrest was served; later they decided to pay from the time the warrant of deportation was served, usually a matter of two or three days-so that if we have an alien for four years, eleven and a half months, and succeed in getting him out before the deportation period is up, the Federal Government has taken care of him for three days."

The Federal Government over a long period of years has failed to meet its obligations to the State of New York for the support and care of deportable aliens. At the request of the attorney general, the State hospital commission in July, 1921, began an investigation of the amount due the State of New York from the United States for the care and maintenance of insane aliens. The data, especially prior to 1912, was far from complete, but there were secured individual schedules for 31,861 patients showing unpaid balances due the State of New York from the United States from 1882 to August 1, 1921, aggregating $17,447,616.71.

A summary statement of the individual claims was submitted to the attorney general of the State and he has applied to Congress for authority to present the matter to the United States Court of Claims. So far Congress has failed to take action.

The New York State Hospital Commission has annually been issuing certificates to the Federal Government as to deportable aliens in the State of New York. However, the Federal immigration authorities, doubtless through lack of funds for sufficient number of employees. have continuously failed in taking the proper proceedings to deport many of these deportable aliens, so that there has constantly been a large number, sometimes running into the hundreds, of deportable aliens cared for in our State hospitals, who, had there been efficient and reasonably quick action on the part of the Federal authorities. would have been deported and the State of New York saved many thousands of dollars.

The Federal Government does not ask the State's permission when these aliens are allowed to come into our State. The powers indiscriminately used by the Federal authorities in admitting excludable aliens to the country, and very largely that means into the State of New York, have created a condition imposing a heavy financial burden on the State of New York.

To summarize in a general but not an absolutely complete way, the expense to New York State for insane aliens is:

1. For care and maintenance, approximately $4,500,000 annually.

2. A claim up to August 1, 1921, against the Federal Government for $17,447.616.71, and an additional claim for many thousands of dollars, to say the least, for the period since August 1, 1921, due the State for care of deportable aliens.

3. Buildings and equipment held by the State, on a percentage basis, having a replacement value of over $50,000,000.

4. The State under the recently approved $50,000,000 bond issue to expend on a percentage basis, between $9,000,000 and $10,000,000 for new construction and equipment.

These are the plain available figures. They do not take into consideration the social problems which emanate from the existing condition, nor many outgrowing items of expense in various direcitons connected therewith. These figures give a general idea of what it is costing the taxpayers of the State. As a matter of interest on the general question of immigration, and bearing directly on the subject under consideration, attention is called to another statement by Doctor Dawes :

"For the fiscal year ending June 30, 1922, there were admitted under bond to the United States at Ellis Island, 4,724 defective aliens who were excluded under the immigration law. This means that a bond was given, frequently with a false surety, which can never be prosecuted. The records of the Federal Government show that 95 per cent of those bonds are violated; these cases are spread all over the United States. They land in New York Statethe board of charities takes care of them, the commission for mental defectives, etc.; they get to the State of Washington, to Illinois; they were admitted mandatorily. Washingon, D .C., said they should be admitted.

"During the same year 2,712 defective aliens were allowed to enter without a bond; Ellis Island said they must not come in, they were defective. Of 12,976 other aliens found to belong to the excluded classes by medical officers at Ellis Island, 12,305 were permitted to enter by direct order from Washington. Nearly 20,000 in all of the mandatorily excluded classes were permitted to enter the United States during the year."

It is officially stated that thousands of aliens admited temporarily under bond by the Federal Government have become public charges of the State. Another item of importance is that the Federal law provides that alien seamen are deportable only within three years, and must have a special board of inquiry before a warrant can be asked for.

The situation in a nutshell is:

1. That the Federal Government has all the power of admitting aliens. It has been and is now admitting many excludable aliens, and to this, very largely, is attributable the serious situation which exists.

2. That a large number of aliens are being improperly admitted into the State of New York, and without any desire on the part of the State they are remaining there. Many of them become public charges and cause a heavy burden of expense to fall on the taxpayers of the State.

3. That the Federal Government is failing in a large degree to enforce the law as to deporting those aliens who are a public charge, and which the State authorities have proven to the Federal Government are legally deportable, and who are thus a burden to the taxpayers of the State.

All this results in the taxpayers of the State of New York being heavily burdened with enormous bills of expense because the Federal Government is not providing proper safeguards against the admission of certain immigrants, and because it is failing to such an extent in deporting deportable aliens, and because it is failing to meet its obligations to the State of New York toward the care of such deportable aliens.

The purpose of the committee is to call attention to a most serious consequence of the conditions attendant upon the admission of aliens to the United States by way of Ellis Island. Thousands of immigrants who are not admissible, by ineffective and lax enforcement of the law, are admitted and many of these unlawfully admitted immigrants later become insane or in other ways become a public charge. The result has been to throw the burden of their support upon the State of New York and in a much lesser degree upon other States to which they migrate. An adequate and competent medical examination and inspection at Ellis Island, or in some way before entry, would in a very large proportion of the cases detect the symptoms or facts making the immigrant inadmissible and cause his exclusion. In this way the State of New York and other States would be saved to a large degree the tremendous subsequent cost of the support of the insane alien, and, in many cases, of his deportation.

More important than the exact quota for any particular nation is that there shall be proper provision of law to stop the entry of these excludable aliens. Very largely the provisions of the present immigration law provide that they shall not be admitted, but the administrative provisions and the methods adopted by the Federal Government in preventing them from enter

ing fall far short of meeting the situation. The result is that thousands of these excludable aliens who should never be allowed to put foot in this country enter and by the thousands later become insane or other public charges.

It is high time that the State of New York, which is the greatest sufferer by reason of this condition, as well as the entire country, should vigorously insist upon the enactment of an immigration law not only defining what aliens shall not be admitted, but also providing for effective administration and methods, particularly along the line of competent medical inspection and examination. The welfare and the rights of the State and of the Nation should be conserved and neither the greed of steamship companies nor the desire of properly excludable aliens should be allowed longer to sweep over or around our immigration safeguards.

Not only should the Federal Government and its responsible officers see that this condition is stopped, but the governor, attorney general, and the Legislature of the State of New York should energetically take such action as is possible on behalf of the State to secure effective action from the Federal Government.

Your committee recommends as follows:

1. That the Federal Government (a) through Congress by the enactment of law and the appropriation of sufficient funds, and through its proper officers in the adoption of methods and regulations, provide for and secure an adequate and competent medical examination of immigrants before entry, and a more efficient and rigid enforcement of the immigration law, particularly as regards the exclusion of excludable aliens and the deportation, without delay, of aliens legally shown by the authorities of the State of New York to be deportable.

(b) Reimburse the State of New York for the care and maintenance of alien public charges for which the Federal Government is obligated and responsible.

2. That the Members of Congress cooperate in granting permission for New York State to submit to the Federal Court of Claims its claim against the United States for $17,447,616.71, or such larger sum as the State may claim to be due from the United States for the care and maintenance of insane aliens in its State hospitals.

3. That Congress amend the immigration law so that it will provide (a) that as a prerequisite to the grant of a visé by an American consul, the emigrant shall present a medical certificate on a blank provided by the Commissioner General of Immigration, embodying family and personal history, and certifying that the emigrant is not of the excluded classes, and made by a physician in employ of the transportation company which would bring him to the United States; providing a fine based on the cost of transportation, not less than three times such cost and leaving in the law the provisions of sections 9 and 19 of the present law, except as thus modified.

(b) Regarding warrants of arrest, that they shall be issued upon the order of the commissioner of immigration of the district in which the alien is a public charge.

(c) Regarding cancellation of warrants of arrest, that the Secretary of Labor, or such other officer as shall have the power to cancel such warrants, shall give due notice, with an opportunity to be heard, either in person or by letter, to the department or officer issuing the certificate, before a warrant, either of arrest or of deportation, is canceled.

(d) Regarding time of deportation, that an alien subject to deportation, proved to be a public charge, may be deported at any time when deportation proceedings have been commenced within five years after entry and that for the purpose of the law the "commencement of proceedings" shall be the request for a verification of landing by a responsible officer of any State.

(e) Regarding alien seamen, that they shall be admitted and deported under the same conditions as other aliens, not only as to time in the United States but as to hearings.

(f) Regarding stowaways, that there shall be no time limit as to deportation when they are public charges.

(g) Regarding geographically excluded aliens, that they, excepting those specifically exempted, may be deported at any time and without verification of landing when they are public charges.

(h) Regarding admission under bond, providing that no aliens belonging to the class of mandatorily excludable aliens suffering from "idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority,