The figures classifying the insane as of June 30, 1922. shed further light on the problem. At that time the State was maintaining 40,891 insane persons. Of these, 23,165, or 56.7 per cent, were native born and 17,726, or 43.3 per cent. were foreign born. In this last category 7,328 were naturalized foreigners, making 17.9 per cent of the total, and 10,398 were aliens, amounting to 25.4 per cent of the total.

More than 10,000 persons, most of whom never contributed a cent to the support of the State while they were at liberty and many of whom presumably never intended to, as they took no steps to acquire citizenship, have been sup ported by the people of New York for 10 years, the period of residence of the average insane inmate of a State hospital. Not New York State alone, but all of the States of the Union, through their agent, the Federal Government, admitted these aliens in New York, after giving them a clean bill of health at the port of entry, and then, when the immigrants developed defects, they washed their hands of all responsibility and left New York to pay the bill.

NEW YORK SUFFERS THE MOST.

The same thing occurs, it is true, in the half dozen other States through whose ports considerable numbers of immigrants enter the Nation, but in none of them is the situation with respect to defectives so aggravated as here. None of them has so many aliens in its institutions and none of them pays so much for the privilege of sheltering these alien unfortunates.

In reckoning the cost to the people of New York of their anomalous posi tion, two other factors besides the maintenance charges for the alien insane must be taken into account. The first is the increase in hospital construction charges properly traceable to the necessity of having to house the unnaturalized inmates. This is difficult to estimate accurately, as exact data is lacking. It is significant, however, that the excess of patients over the estimated capacity of State hospitals in 1921 was 21 per cent and in 1922, 23.4 per cent. In the first of these years the percentage of aliens among the patients was 25.8 and in the second 25.4. If, therefore, the total number of patients in these two years had been diminished by the number of aliens included, it seems to follow that the existing plants would have accommodated all the State's insane, and that no further construction would have been required.

In 1921 there was spent $2,648,563 and in 1922 $2,471,736 for construction and permanent betterments on behalf of the State hospital system. Some of this money went to such work as the installation of new heating plants, which would have been necessary whether or not the hospital population had increased. Making a liberal allowance for this, however, it seems reasonable to assert that in addition to the $4,000,000 a year that the people of New York paid during the past three years for the alien insane, there should be charged at least $1,500,000 in indirect costs for plant additions.

HOSPITALS OVERCROWDED.

Another phase of this same thing, of course, is that if the State were able to get rid of the mental defectives who owe allegiance to another country, the serious condition in regard to overcrowding that now prevails in its hospitals would be automatically relieved, and that without the additional expenditures of a penny. Just how serious this condition is at present is shown by Manhattan Hospital's roster, where about 7,000 are carried when the estimated capacity is about 5,000.

The other factor is that these 10,000 alien guests have never, unless they happened to own real estate, paid any taxes to the State. Paying aliens constitute only 0.07 per cent of the total insane and only 3 per cent of the total paying patients, who in turn are only 9 per cent of all the insane.

"It has been considered a sound economic policy, in the interest of the public demands, that the taxpayers of the United States shall be saved the expense of maintaining the indigent of other countries whose indigency is in no sense chargeable to conditions existing here," declared the Commissioner General of Immigration in his 1914 report.

If this is sound public policy for the United States, why is it not equally sound public policy for the State of New York?

WASHINGTON REFUSES HELP.

Leaving the equities of the case entirely aside for the moment, the fundamental reason for the existence of the problem of the alien insane is the helpless position of New York and the other States, under the present law, as to the admission and expulsion of immigrants. The State has no jurisdiction over immigration, other than that incident to the exercise of its police powers, and has neither the right to prevent undesirable aliens from coming within its borders nor the authority to remove them therefrom once they have entered. The power to regulate immigration is vested in the Federal Government alone. Washington refuses to give the authorities at the immigration station a personnel large enough to examine incoming foreigners for mental disorders. Washington refuses to help the State take care of such of them as may prove to be defectives, and Washington refuses either to let the State send home the alien insane or to cooperate with the State by sending them home itself.

Officials connected with the Immigration Service have complained for years that the task of picking out mental defectives from the vast heterogeneous mass of the immigrants is, under present conditions, practically impossible. Immigrants are inspected as they pass before the medical officers in a long line, they point out, and there is no individual examination unless glaring signs of physical or mental disability are observed.

RESULTS OF SUPERFICIAL TESTS.

The insufficiency of such rapid superficial inspections is shown by the fact that while in 1904 only one alien out of 27,000 was denied admission by reason of insanity, in 1914, with gradually increased facilities, the records of such exclusions was a fraction over 4 out of every 27,000. Yet Congress has for years refused to grant appropriations sufficient to provide a staff numerous enough to sift every insane person out of the tide of immigration, and the representatives in Congress of New York, apparently, have either not realized just what it cost their constituents to be unprotected from the alien insane or else have been powerless to insist that this first and elementary step of protection be taken.

Washington used at one time to reimburse the State for the care of the alien insane from the day they became public charges and were admitted to State hospitals. Then it cut down that assistance by ruling that the cost would be borne by the Government only for the period following the issuance of a warrant of arrest, and then only in case the warrant was followed by an order of deportation. As a warrant was not issued until full investigation had shown that an alien victim of insanity was deportable, it followed that a long time often elapsed between the date the patient was admitted to the State hospital and the time the warrant was issued, during which period the State had to support him.

Next, maintenance charges were allowed only from the date of service of warrant, so that, as it was usually only a few days between the time the warrant was issued and the alien deported in any case, the Government's responsibility was cut practically to nothing.

WASHINGTON WITHDRAWS HELP.

Finally, in December, 1913, the Secretary of Labor declared that maintenance bills for the care of alien public charges would no longer be paid by the Government, "owing to the fact that Congress has not sufficiently provided for the maintenance and upkeep of the Immigration Service, and vigorous retrenchment is necessary." The Government has pursued that policy of retrenchment ever since at the expense of the taxpayers of New York State. The State, as has been shown, can not send home the alien insane, unless they consent to the step, a thing which is very difficult to bring about, and its only recourse is to get the Government to deport them. This is done by the issuance of warrants of arrest and orders for deportation by the Department of Labor upon receipt of certificate covering the case from the State authorities. A certificate is the State's plea for relief. The amount of attention the Government pays to the State's plea is shown by the fact that last year 283 certificates were issued and 172 alien insane were deported by the Immigration Service. The records show that this is not unusual, but that for 10

years back only 60 per cent of the certificates have been honored. The remaining 40 per cent of the deportable cases, of course, have either had to stay on at the expense of the State or, by their consent, to be repatriated at the expense of the State or of their friends.

The Federal Government, having thus taken complete charge of the whole matter and then "passed the buck" to the State. further complicated matters by legislating that no alien shall be deported if he has been in this country five years. This is an arbitrary period, which was increased from three years in 1914, and deportations within this time 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 existing prior to landing.

CHANGES DEEMED IMPERATIVE.

Immigration authorities and the State's alienists agree that the first thing to be done to cut off the flow of alien insane into the State hospitals is for the United States to exclude more rigidly insane and mentally defective immigrants at the time of their arrival. Since the Federal Government insists that it alone shall control immigration, it is contended that it is "up to" the Government to employ more trained alienists at the ports of entry.

The second measure proposed is that the United States, which forces the States to accept its word that an immigrant is free from all blemish, should pay for that immigrant's support if its diagnosis of his mentality should later prove to be incorrect.

The State government is convinced that this should be so. More than a year ago an investigation was started among the records of the State hospitals to ascertain how much New York has paid for the maintenance of alien insane patients since 1882. That investigation is now complete. Between 25,000 and 30.000 applications for reimbursement were filed, and the total owed by the United States to New York for this care of people who are properly the Nation's wards was estimated at about $17,400,000 for that period, together with about $50,000 for the period before 1882, when records of citizenship of patients were not always carefully kept. The attorney general of New York now plans to have a bill introduced into Congress, so convinced is he of the justice of the State's claim against the Nation, which would refer the payment of this amount to the State of New York to the adjudication of the Court of Claims. This will be done at an early date.

Next, a more active policy is necessary on the part of the Federal authority in deporting alien insane for whom certificates of deportability have been issued by the State officials. At present, the State complains, practically the whole burden of proving that an alien should be deported, and even his identity, is thrust upon the State. Since many deportable aliens are public charges through the inability or failure of the Federal Government to determine their condition upon arrival, it is added, the Government's frequent unwillingness to cooperate with the State in showing that any alien should be sent home and its frequent unwillingness to accept the State's evidence as to deportability, which is shown by canceling certificates, indicates indifference to the rights of the State and to the unnecessary burden on the taxpayers.

Furthermore, *ose familiar with the subject say, logically considered, to secure deportation from this country of an insane alien the immigration act should require the proof of but two things, insanity and foreign citizenship. Neither the causation of the alien's insanity nor his financial ability should enter into the question.

Mr. SIEGAL. I move that all members be allowed to insert anything from newspaper that they care to insert bearing on the subject.

Mr. CABLE. I move that the motion be tabled. Let us have a vote on the question.

(The vote resulted in the affirmative.)

Mr. RAKER. You, Mr. Chairman, stated that later we would make an investigation in regard to the examination of the alien insane, etc. Will that investigation go into the question of exam'nation of aliens at the different ports of entry?

The CHAIRMAN. Yes, sir.

Mr. RAKER. I would draw Dr. Dawes's attention to hearings had before this committee on January 11, 1921, on February 9, 1921, and also the report of the Secretary of Labor for 1922 on this matter we have been discussing.

Mr. SIEGEL. I hope the doctor will get the statistics concerning the alien sailors and the number of aliens that have come from other States to New York and been committed there in our hospitals.

Doctor DAWES. I have called a conference of nine States, including the States of Washington and California, for the discuss.on of the question of alien insane. I hope to get from this conference interesting and relevant information for us at a hearing before your committee at some time in the future. In closing and before thanking you for your courtesy as I do, I desire to state that I am here, not as an individual, but as a State officer with all the support which that implies.

The CHAIRMAN. If there are no further questions, we will thank Doctor Dawes for coming and excuse him.

STATEMENT OF JEREMIAH J. HURLEY, SPECIAL REPRESENTA-
TIVE SEAMEN'S WORK, BUREAU OF IMMIGRATION.

The CHAIRMAN. Mr. Hurley, I understand you are in charge of the handling of alien seamen in the immigration service?

Mr. HURLEY. All over the country, under, of course, the supervision of the Secretary of Labor and the Commissioner General of Immigration.

The CHAIRMAN. Is your office under the Commissioner General of Immigration?

Mr. HURLEY. Yes, sir; under the Commissioner General.

The CHAIRMAN. This committee is wrestling with some provisions designed to give the Secretary of Labor power to exercise supervision over alien seamen. It has been proposed that alien seamen properly coming to the United States on ships be given a status exempting them from provisions that apply to the ordinary immigrant by a certificate. Further, that the Secretary of Labor be authorized by provisions in this proposed act to place sailors under bond, in the discretion of the Secretary. Would a provision of that kind, in your opinion, be satisfactory?

Mr. HURLEY. I have not familiarized myself with the bill. I have been absent. from the city on other business.

The CHAIRMAN. Is it necessary, in your opinion, to have some provision of that kind for the protection of the United States?

Mr. HURLEY. Yes. sir; we have to have some protection if we are going to do our country justice.

Mr. RAKER. Tell us what is the matter with the present law.

Mr. HURLEY. The present law does not cover the whole situation. first place, just read section 32. It says:

In the

That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regulating the immigration of aliens and employed on board any vessel arriving in the United States from any foreign port or place shall be permitted to land in the United States except temporarily for medical treatment, or pursuant to regulations prescribed by the Secretary of Labor providing for the ultimate removal or deportation of such alien from the United States, and the negligent failure of the owner, agent, consignee, or master of such vessel to detain on board any such alien after notice in writing by the immigration officer in charge at the port of arrival, and to deport such alien, if required by such immigration officer or by the Secretary of Labor, shall render such owner, agent, consignee, or master liable to a penalty not exceeding $1.000, for which sum the said vessel shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense."

A vessel may arrive at the port of New York, say, with 500 aliens aboard, but the phrase "after notice in writing by the immigration officer in charge at the port of arrival" shifts the burden to the Government's shoulders. We have to board the vessel and serve a written notice on the master. Our men have to board the vessel and serve a written notice, and, perhaps, take the case into court.

The CHAIRMAN. When you say "our men you mean the immigrant inspectors?

Mr. HURLEY. Yes.

The CHAIRMAN. You say that the immigration officer in charge at the port of arrival has to serve a written notice on the master of a vessel?

Mr. HURLEY. Yes; absolutely, and the courts have so held. Failure to serve that written notice leaves the master free to let his crew go shore. It should be amended.

The CHAIRMAN. The sailors must be detained until the representative of the Government, the immigrant inspectors, have had an opportunity to make the examination?

Mr HURLEY. Yes.

Mr. SABATH. If what some of your gentlemen claim be true, that they pay as much as $1,500 or $1,800 to bring in one Japanese or one Chinaman, the fine of $1.000 against the vessel is not heavy enough?

The CHAIRMAN. That is a fine for another matter.

Mr. SABATH. A master could bring in 300 or 400 or a 1,000 and pay a fine of only, say, $5,000 therefor, and he would be making lots of money.

Mr. SIEGEL. That fine of $1,000 should apply to each person illegally brought here. If a master brought 30 aliens in illegally he should be fined $30,000.

Mr. HURLEY. The Federal court at Houston, Tex., held that it was only one offense to bring in a number of inadmissible aliens at one time.

Mr. Box. What judge was that-Judge Burns?

Mr. HURLEY, I do not remember. We had a case of, I believe, 10 aliens brought in by a vessel, but the court held that the fine should be $1,000 rather than $10,000. Recently I was detailed to make a special investigation, and I have my report here and will read from it my remarks concerning the bonding of Chinese seamen. This report was made October 11, 1922, when I was in San Francisco. It is confidential, but I will read a part of it if the committee desires to hear me.

The CHAIRMAN. Go ahead.

Mr. HURLEY. These are statistics furnished by the law officer. During August-September, 1921, number bonded, 224; number bonds canceled, 112; number breached, 112; amount collected, $56,000; percentage, 50.

The CHAIRMAN. In what length of time?

Mr. HURLEY. That covers August and September, 1921.

Continuing, October-November-December, 1921: Number bonded, 237; number bonds canceled, 195; number breached, 42; amount collected, $21,000; percentage, 18.

January-February-March, 1922: Number bonded, 78; bonds canceled, 54; number breached, 24; amount collected, $12,000; percentage, 30.

April-May-June, 1922: Number bonded, 147; bonds canceled, 129; number breached, 14 (4 bonds were pending at end of period); amount collected, $7,000; percentage, 10.

These figures are for San Francisco alone concerning Chinese. The total amount collected is $96,000.

The CHAIRMAN. That is about $500 apiece?

Mr. HURLEY. Yes, sir; the total number breached is 192, and the total amount collected is $96.000.

Mr. RAKER. And ordinarily these would pay between $1,500 and $2,000 to get in illegally?

Mr. HURLEY. During the months of August and September, 1921, when amended rule 7 of the Chinese rules was first put into operation, it will be noted that 50 per cent of the seamen landed temporarily forfeited bonds. In the last months of the period the percentage has dropped to about 10.

The CHAIRMAN. Each breach represents a Chinaman illegally in the United States?

Mr. HURLEY. Yes, sir; they disappear in the community and travel all over the country.

The CHAIRMAN. He is not deportable after three years?

Mr. HURLEY. Section 34 puts the period at three years.

Mr. RAKER. In addition to the question of remaining in the United States when he gets here, he is prepared and in shape to procure a certificate to prove that he has been here all the time.

Mr. HURLEY. I am not familiar with the Chinaman's certificate of residence. Unfortunately, or fortunately, I might say for myself, I have not had a great deal to do with Chinese seamen.

The CHAIRMAN. Have you statistics from other boards?
Mr. HURLEY. Yes.

Mr. RAKER. After he lands, your part of the work is done?
Mr. HURLEY. No; I am interested in the arrest of seamen.