be possible also to impose it where insane immigrants are brought here. The statutes have omitted to provide for a fine in such cases. It should be further possible to impose an administrative fine of $25 or $50 where immigrants are brought here with physical or mental defects (other than those referred to) which will obviously affect their ability to earn a living.

ADMINISTRATIVE CHANGES REQUIRED IN THE LAW.

There are yet other changes which should be made in the machinery of the law to facilitate and render more effective the administration of the present immigration statutes. Most of them are indicated in the draft of a proposed new law attached to the Commissioner General's report, and I urge that Congress adopt them. I emphasized several of them in my last annual report. I will merely say here that our machinery for detecting alien criminals is entirely inadequate and that many such are entering the country every year; also, that the law regarding seamen is in such condition as to permit of the ships' articles being used by unscrupulous persons as a means of evading the immigration law and introducing into the country aliens ineligible thereunder. Officers of the Hellenic Transatlantic Steam Navigation Co. were recently found engaged in thus landing diseased Greeks, but they went about their work in so crude a manner and the evidence was so strong that it was possible to punish them under existing law. Fifteen of them were sent to jail and $41,920 was collected through fines or forfeiture of bail, while the former New York agent of this line is to-day serving a year's sentence in Atlanta prison for his participation in these offenses. The attention of Congress has already been called many times to the necessity for a proper law governing the admission of alien seamen into the United States, and last winter the House Immigration Committee, at the instance of the immigration authorities, reported favorably a bill on this subject, but it has not become a law.

MISSIONARIES AND IMMIGRANT AID SOCIETIES.

In my last two annual reports I wrote at some length concerning abuses perpetrated by persons and organizations pretending to be what they were not, and stated that it was "difficult to find words adequately to express the contempt one must have for persons who would knowingly do such things or allow them to be done." I further pointed out and now repeat that there are at Ellis Island a number of societies "which are conducted in a model way" and of missionaries "whose work is disinterested and excellent." It is unnecessary to add that the Government appreciates highly such work and does whatever it can in reason to further its purposes.

I did not suppose that it would again be necessary to call an Ellis Island missionary to account, but, unfortunately, I was mistaken. Young immigrant servant girls who arrive without relatives are frequently turned over to missionaries conducting proper homes with the understanding that situations shall be promptly found for them where they will be surrounded by good influences. The services of such girls are usually in great demand, and the homes receive many applications for them. The missionary here in question was upon investigation found to have detained such girls at his home an unnecessary length of time, charging them for board and lodging at rates in excess of a dollar a day and placing them eventually at their own expense through an employment agency with persons concerning whom he knew nothing, and he was further found to have made false oral and written reports to the Government concerning all of these matters, including the amount of revenue obtained from these sources. After giving him a full hearing we determined that his presence at Ellis Island was detrimental to the best interests of the immigrants and that it tended to bring into disrepute missionary work in general. We therefore withdrew his privileges.

HOUSE RESOLUTION NO. 166, TO INVESTIGATE ELLIS ISLAND.

The introduction of this resolution was accompanied with statements condemning in unmeasured terms the administration at Ellis Island on grounds, among others, of "cruelty to helpless and unprotected immigrants" and "arbitrary and unnecessarily harsh methods," including improper separation of families (a topic already dealt with in this report). On May 29 a hearing was had at which there appeared some 12 witnesses in support of the resolution, including Mr. Schweppendick, an editor of the Morgen Journal, described by him as "Mr. Hearst's German newspaper" (record of hearings, p. 126); Mr. A. W. Levy, representing the Federation of Jewish Organizations of New York; Messrs. Hoffman, Stahl, Koelble, and Propping, representing certain German-American societies; Mr. Karl Hauser, representing "old American citizenship;" Mr. Joseph Barondess, and two Congressmen from New York City.

This office was afforded an opportunity to reply on July 10 and 11. Every specific complaint (of which there were but few) was then met and shown of record to be without foundation or based on a false or misleading statement of facts (see, for instance, ibid., pp. 58, 59, 76-79, 84-94, 178, and 179). As illustrating the carelessness with which complaints were made, the Schenker case may be cited, where we were charged with improperly deporting a woman and her three young children; but the Rules Committee was not informed that her husband had deserted her and that one of her children was an imbecile (ibid., p. 58). The improper use made before the committee of certain court decisions is dealt with separately in the next section of this report. With such general statements as that of the Trenton editor, who said that an immigrant at Ellis Island "goes through hell; that is the only expression I know of" (ibid., p. 15), it seemed best to deal by explaining to the committee how the work of Ellis Island is really conducted, the care and patience with which cases are heard (many of them presenting questions of great difficulty), the kindly treatment immigrants receive, and the clean condition in which their quarters are kept, notwithstanding so many of them bring filth with them; also, how vigilant the authorities must be to guard against the fraudulent schemes and devices through which it is often sought to introduce immigrants in violation of law.

The charges and complaints were based principally on newspaper articles published in certain German newspapers of the city of New York which for some time past have made it their business to misrepresent and misconstrue the action of the authorities in their difficult and delicate task of administering the laws at Ellis Island. The unreliability of these articles was pointed out to the committee through reference to a number of specific cases concerning which false and sensational reports had been recently published (ibid., pp. 84-94). It was also shown that one of these newspapers had been doing the same thing for two years prior to 1904, when its stories were publicly branded as false (ibid., p. 87). They are still displaying the same kind of "enterprise;" witness, for instance, the recent reports that two immigrants, named Stoltenberg and Oser, were deported for stuttering, the facts being that one was feeble-minded and the other suffering from an organic disease of the spinal cord.

It is perhaps not surprising that the Congressman who introduced the resolution should have been misled by these newspaper articles upon which the record shows that he placed great reliance, and at the end of the second hearing he appeared before the committee and in effect withdrew his charges of maladministration, explaining that Ellis Island required larger appropriations for improvements and a larger force of employces (ibid., pp. 156, 157)—matters to which this office has frequently directed attention. Although the resolution was introduced in May, yet Congress adjourned without its adoption by the committee, and at the time of this writing it is not known what will be done with it. Meanwhile this office is prepared, as it has repeatedly informed the Rules Committee, both orally and in writing, to submit to the most searching investigation and will welcome any that will assist it in its efforts correctly and effectively to execute the law. It is glad also at any time to meet any criticism that is specific and made in good faith with a view to the improvement of the service.

COURT DECISIONS IN THE RAFILOWICH AND BOSNY CASES.

In advocating the passage of the resolution referred to, various branches of the German-American Alliance located in many cities of the United States commented on these decisions as follows:

"We regard the recent decisions and opinions of the United States district judges in reversing the commissioner's ruling and impeaching his interpretation of the immigration act as evidence of the intolerant and narrow spirit in which the commissioner views the immigration problem.

These false comments appear to have originated in New York City, to have been sent broadcast throughout the country, and to have been adopted by a number of persons who were entirely ignorant of the true purport of the decisions and of the fact that they related the one to an alien prostitute, the other to a man and his wife who lived in New York City on the proceeds of the prostitution of others and were thus engaged in a class of "white slavery," the wife, in addition, being herself a prostitute. These three aliens having secured admission in violation of law, the Department arrested them and ordered them deported.

The Rafilowich case concerned a clever alien public prostitute who had been residing in the United States and Canada for seven years and understood English. She was arrested at Buffalo and ordered deported before she was brought to Ellis Island. While awaiting deportation here her attorney raised some question as to the evidence, and to avoid even the remote possibility of error an Ellis Island inspector was by order of the Department sent to Buffalo to make further investigation. Thereafter the

evidence was again carefully reviewed and the case against the girl found to be clearly established. It may be mentioned, incidentally, that she had frequently perjured herself, as where she said "I do not know where Canada is," immediately afterwards admitting that she had worked in Toronto; and where she denied that she was a prostitute, adding shortly thereafter of her own accord, "If you will release me now, I swear by everything that is holy that I will never support myself by prostitution again." Deportation having been again duly ordered, a writ of habeas corpus was then sued out and came on for a hearing before Judge Holt, who in the course of his opinion said:

"In my opinion the entire system under the immigration acts for the investigation of charges against aliens who have been admitted into and have resided for some time in this country is entirely inadequate as a means of ascertaining the truth and preventing injustice, but so long as that system is followed in the proceedings taken the courts under the authorities have no jurisdiction to interfere."

This criticism relates to an act of Congress and does not in the least concern the Ellis Island office. Judge Holt seems to be impatient at the power Congress has seen fit to confer upon the executive authorities rather than upon the courts. His views as to the efficiency of the system to ascertain the truth are contrary to those of the executive authorities, who, to say the least, have experience in these cases and who deport annually over 2,000 persons found in the country in violation of law without any error being called to their attention; nor do his views appear to be shared by the Supreme Court, which has described the executive hearing to be given an alien arrested under this act in these words:

"It is not necessarily an opportunity upon a regular set occasion and according to the form of judicial procedure, but one that will secure the prompt, vigorous action contemplated by Congress and at the same time be appropriate to the nature of the case upon which such officers are required to act." (Japanese Immigrant Case, 189 U. S., 86.)

Judge Holt, while conceding that he was without jurisdiction, nevertheless criticised also the methods adopted in the conduct of some of the examinations at Buffalo, and he also said that upon the record "it is impossible to say whether the woman was guilty or not," although the executive authorities, who were alone competent to decide the case, had found for deportation. Out of deference to the views of the court, though in no way bound by them, the Department before deporting this girl again reviewed the whole case and carefully questioned each inspector concerned in taking the evidence, only to be more fully convinced than before that she was subject to deportation and that the hearing had been conducted within the rules laid down by the Supreme Court. She was thereafter deported, and the correctness of this executive action has not been further questioned.

The Bosny case concerned an alien man and his wife whose actions were so notorious that the police department of New York City twice requested their deportation. Both were engaged in the unlawful and detestable business of receiving the proceeds of prostitution of others, and the Government has in its possession the books showing exactly how such proceeds were divided. In Belgium this couple had been supporting themselves in the same way. In addition the woman was herself a prostitute. Our law says that such aliens shall not remain in the country, and after a hearing the Department ordered their deportation. But they were released by Judge Holt upon a writ of habeas corpus. In his opinion he criticises at length the procedure which the Department after careful consideration and much experience has lawfully adopted in such cases with the object of securing, in the language of the Supreme Court, "the prompt, vigorous action contemplated by Congress," but states that the sole question in the case was whether a certain inspector had "prevented these aliens by undue influence and by intimidation from retaining counsel." The court concluded that he had, and released them. The Department, however, being still satisfied that they were here in flagrant violation of law, soon thereafter rearrested and deported them to Belgium on proof which was overwhelming, and the propriety of this action is not known to have been questioned except by the same German newspaper which supported the charges of cruelty to immigrants and arbitrary methods hereinbefore discussed. This office, as well as the Washington authorities, were of course very much interested to know whether any official had "intimidated" this shrewd, calculating woman who with her husband had been living in New York for several years off the vice of others and who concededly had been duly advised of her right to counsel and stated that she desired none. The court found this couple to be "aliens in humble circumstances who knew nothing of American law or of the practice in deportation cases," but as to these and other questions of fact, including the actions of the inspector, the immigration authorities were after most careful investigation unable to agree with the court, as is more fully shown in a separate memorandum on file, and the inspector remains in the service.

Thus, neither of these court decisions supports in any way the proposition for which they have been cited, and it is to be supposed that the members of the organizations which have expressed false views as to their meaning did so in ignorance of the facts

IMMIGRATION IN GENERAL.

There are many who do not appreciate the fact that the law excludes only manifestly objectionable classes of immigrants, such as idiots, imbeciles, the insane, paupers, persons likely to become public charges, persons with loathsome or dangerous contagious diseases, persons whose physical or mental defects prevent them from earning a living, criminals, procurers, and prostitutes, so that even under a strict execution of the law we can keep out only persons whose presence would be detrimental to any community. Between these on the one hand and the class of immigrants on the other hand who are a real benefit to the country, as so large a number are, there are many who, though able to earn a living, can not in any sense be termed desirable. They are nevertheless admissible under the low requirements of existing law, which makes no provision whatever for selecting desirable immigrants, though there are many reasons why following the example of at least one other country we should take early steps to do this. The new immigration, unlike that of earlier years, proceeds in part from the poorer elements of the countries of southern and eastern Europe and from backward races with customs and institutions widely different from ours and without the capacity of assimilating with our people as did the early immigrants. Many of those coming from these sources have very low standards of living, possess filthy habits, and are of an ignorance which passes belief. Types of the classes referred to representing various alien races and nationalities may be observed in some of the tenement districts of Elizabeth, Orchard, Rivington, and East Houston Streets, New York City. Such immigrants differ widely also from the earlier ones in respect of their occupations and the localities to which they go. Contrary to what was formerly the case, a large proportion are unskilled laborers who go to the manufacturing and mining centers, where the Immigration Commission recently found that there existed an oversupply of unskilled foreign labor. Over three-fifths remain in five Eastern States, while an undue proportion are pouring into the congested areas of our large cities, where they begin their American life among unfavorable surroundings and exposed to many evil influences. They often herd together, forming in effect foreign colonies in which the English language is almost unknown. Miserable economic and sanitary conditions exist in many of these colonies; witness, for instance, in New York City the frequency with which the State factory inspectors are compelled to attach the red "unclean" tag to articles made in shops and factories where aliens are employed, the threatened use of this tag constituting often the best means at their disposal of compelling the maintenance of even a semblance of cleanliness in such places.

Repeatedly the new immigrant obtains his job at the expense of an older employee, who loses his. Certain employers seek new immigrant labor in preference to other and more efficient labor, of which there may be an abundance, because of the willingness of the new immigrants (or "greenies," as they are termed) to work at the outset unduly long hours or at unduly low wages, or both, and perhaps also to pay the foreman or padrone a bonus. Later as they become more proficient and demand higher wages they are discharged and their places filled with immigrants who have arrived more. recently. Experiences of this sort are frequent among immigrant tailors, cap makers, carpenters, painters, bakers, and others. These are matters which have a direct bearing upon the unsanitary conditions that surround the work and lives of so many immigrants of certain classes, especially in the large cities.

Many now come without the intention of settling and send back to Europe annually millions earned here. It is true they give value for what they receive, but the immigrant who in addition remains to help build up the country permanently and invests his savings here is a better type. A large proportion of the insane in the States of New York and Massachusetts are of foreign birth, and in New York City and elsewhere the foreign element is a heavy burden upon the public charities institutions as well as upon many private institutions. In view of the trend of immigration toward the cities, these burdens are more likely to increase than diminish unless our laws are made more stringent in relation both to original admission and to deportation of those who prove to be unfit within a given period after landing.

In the estimation of most impartial observers a certain minority of the new immigration is undesirable from the point of view of the interests of the United States, and this question can not properly be considered from any other point of view. The real issue to-day is whether or not means should be found to keep out this undesirable minority, yet this issue is often successfully confused by interested persons who seek

to make it appear that those who merely advocate further reasonable restrictions are exclusionists and hostile to immigration as a whole. The desirable immigrant will always be welcome, and one of the best ways to secure him is to take stringent measures to keep out those who are undesirable. That enormous benefits have accrued to this country through immigration is a fact which requires no emphasis and which none deny whose views are entitled to any weight, but this is irrelevant upon the point whether to-day we should not curtail somewhat that portion of the immigration which is undesirable. Those opposing all further restriction will usually be found doing so in the interest, not of the United States or of immigration in general, but of some particular class.

It is well for the American people to realize that there are agencies at work to introduce some immigrants for mercenary or humanitarian reasons regardless of whether or not the best interests of the United States demand their presence here. If this country is to open its doors to certain classes of unfortunates, it is difficult to see why we should not do so as to the unfortunates of the world, including those among the Africans and Hindoos. The very suggestion of any such course answers itself. The time has come when it is necessary to put aside false sentimentality in dealing with the question of immigration and to give more consideration to its racial and economic aspects, and in determining what additional immigrants we shall receive to remember that our first duty is to our own country.

The United States commissioner of immigration for Canada, whose headquarters are located at Montreal, has charge of enforcing the immigration and Chinese-exclusion laws along the Canadian border and at Canadian seaports. That there may be no undue interference with free commercial intercourse, it is necessary that, so far as possible, this work shall be performed at the seaports and in the interior towns and cities of Canada rather than at Canadian border points of ingress. This is accomplished by an agreement with the various Canadian railway and steamship lines, under which aliens who are proceeding toward the border with the intention of crossing into the United States are required to obtain at a seaport or at a convenient interior town a permit issued by United States immigration officials after an examination of the applicant. Any alien holding such a permit is promptly passed by the train inspectors at the border. Thus, the detention of trains is avoided.

In its last report the Bureau expressed the belief that the arrangement under which Chinese were then coming to the United States through Canada, viz, across the continent from Vancouver to Halifax and thence to Boston, would be unsatisfactory to all concerned. It will be recalled that this situation was produced by the Bureau's determination to close the Canadian border detention stations, which had been maintained since 1903 by agreement between it and the Canadian Pacific Co.; also that it had offered the Canadian Pacific Co. in lieu of the old arrangement a plan which it regarded as the ideal one for handling the business, under which the Chinese might be examined and detained in quarters to be provided by the company at Vancouver, those found admissible to be permitted to proceed to final destination in the United States, entering through one of the border points of ingress allowed under the old agreement. This offer was declined, the company preferring to try the experiment of bringing its Chinese passengers to Boston via Halifax. The experiment did prove unsatisfactory, as anticipated; and, in April last, a new agreement was signed by the Canadian Pacific Co. and the Commissioner General and approved by the Secretary, whereunder all Chinese coming from the Orient through Canada to the United