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980. Amending U. S. Code so as to make theft or receipt of stolen mail punishable

as felony.

Corrected print.

1017. Preventing unauthorized acceptance or wearing of foreign decorations by

officers of United States.

1018. Relief of O. E. Hambleton and Harriet E. Hambleton.

1019. Prohibit display of flags of international organizations, etc., in equal or
superior prominence to U. S. flag.

1020. Amending certain titles of United States Code.

1021. Relief of Charles H. Craft.

1022. Providing assistance to schools in critical defense housing areas.

1023. Conveyance to North Carolina of Currituck Beach lighthouse reservation.
1024. Providing for equality of grade, pay, etc., between dental officers of Public
Health Service and of Army.

1025. Emergency professional health training act of 1951.

1026. Increasing salaries of police, firemen, and employees of Board of Education

of D. C.

1027. Transferring Castle Island terminal facility to Massachusetts in exchange

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SEPTEMBER 24 (legislative day, SEPTEMBER 19), 1951.-Ordered to be printed

Mr. McCARRAN, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 1816]

The Committee on the Judiciary, to which was referred the bill (H. R. 1816) for the relief of Shoemon Takano, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to grant the status of permanent residence in the United States to Shoemon Takano. The bill provides for an appropriate quota deduction and for the payment of the required visa fee and head tax.

STATEMENT OF FACTS

The beneficiary of the bill is a 75-year-old native and citizen of Japan who last entered the United States at Honolulu in 1910. He has resided continuously in the United States for over 40 years and he has a wife and three United States citizen children, two of whom served honorably in the Armed Forces of the United States during World War II.

A letter dated April 13, 1951, to the chairman of the Committee on the Judiciary of the House of Representatives from the Deputy Attorney General with reference to the case reads as follows: Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 1816) for the relief of Shoemon Takano, an alien.

The bill would provide that Shoemon Takano, who entered the United States at the port of Honolulu, Hawaii, on July 7, 1910, shall be deemed to have been lawfully admitted to this country for permanent residence as of that date, upon payment of the required visa fee and head tax.

The files of the Immigration and Naturalization Service of this Department disclose that the alien is a native and citizen of Japan, having been born in Fuchon, Japan, on November 25, 1875. He claims to have entered the United States at the port of Honolulu, T. H., on July 6, 1910, without inspection. In June 1249, he made application for a reentry permit for the purpose of visiting his aged mother in Japan and was advised that such permit could not be issued to him on the basis of his 1910 entry. The purpose of this bill is to create a record of lawful admission to the United States in order that he may secure such permit.

The alien testified that he first entered the United States at Honolulu on December 1, 1899, left Hawaii in September of 1906, returned to Japan, proceeded to Peru, and then to Honolulu as indicated. There is no record of his legal admission at Honolulu nor is there any record indicating that he has departed from or returned to the United States since that time. The alien is a retired janitor, receiving an old-age pension in the amount of $28.74 a month and a retirement pension in the amount of $29.30 per month. He resides with his wife and two sons in Waipahu, Oahu.

The files further reveal that the alien has two other sons who were taken to Japan by their mother about 1930 to be educated. He stated that both of these boys died or were killed during the war, one in 1942 and the other in 1943, and that he did not know these sons were in the Japanese Army or that they had been killed until after the war. The two children with whom the alien resides, were drafted into the United States Army during World War II and received honorable discharges therefrom.

Mr. Takano is not deportable under any law of the United States, He is, however, racially inadmissible to the United States for permanent residence under section 13 (c) of the Immigration Act of 1924. In the absence of special or general legislation, if he departs to Japan he cannot be permitted to reenter this country for permanent residence. The ominbus immigration and nationality bills (S. 716 and H. R. 2379) which are now pending in the Congress would, if enacted, made him racially eligible for naturalization (sec. 311) and thus eligible for registry (sec. 249). After being issued a certificate of registry, he would be entitled to make an application for a reentry permit.

Mr. Takano apparently has resided in the United States continuously for over 40 years and has family ties consisting of a wife and two citizen sons who served honorably in the Armed Forces of the United States, during World War II. Whether, under these circumstances, this bill should be enacted presents a question of legislative policy concerning which the Department of Justice prefers to make no recommendation.

Yours sincerely,

PEYTON FORD, Deputy Attorney General.

Delegate Joseph R. Farrington, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary of the House of Representatives and made the following statement in support of the bill:

Mr. Chairman, H. R. 1816 is a bill to give Shoemon Takano permanent residence in the United States. Mr. Takano is 75 years of age and has lived in the Territory of Hawaii since 1906.

Mr. Takano wrote me in April 1950 that he desired to visit his mother who was 102 years of age and living in Japan. Mr. Takano, himself, was 74 years old at that time. While seeking to make arrangements for a trip to Japan he learned that he was ineligible to receive a reentry permit to the United States because of the fact that he has not been able to establish permanent residence here.

Mr. Takano states he was born in Japan on November 25, 1875. He entered Hawaii on December 22, 1899 as an immigrant contract laborer. He returned to Japan on September 10, 1906. The economic condition in Japan was bad at that time and he decided to leave Japan for Peru. He found conditions no better there and so decided to return again to Japan. While en route to Japan from Peru the ship made a stop-over in Honolulu and Mr. Takano missed the ship when it sailed again for Japan. He states this was on July 7, 1910. Shortly after he arrived in Hawaii he obtained a position with the Oahu Sugar Co. and worked for

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