SEC. 22. That in case the Secretary of the
Treasury shall be satisfied that an alien has
been found in the United States in violation
of this Act he shall cause such alien, within
the period of three years after landing or entry
therein, to be taken into custody and returned
to the country whence he came, as provided in
section twenty-one of this Act, or, if that can
not be so done, at the expense of the immigrant
fund provided for in section one of this Act;
and neglect or refusal on the part of the mas-
ters, agents, owners, or consignees of vessels
to comply with the order of the Secretary of
the Treasury to take on board, guard safely,
and return to the country whence he came any
alien ordered to be deported under the provi-
sions of this section shall be punished by the
imposition of the penalties prescribed in sec-
tion twenty of this Act.

SEC. 23. That the Commissioner-General of
Immigration, in addition to such other duties
as may by law be assigned to him, shall, un-
der the direction of the Secretary of the Treas-
ury, have charge of the administration of all
laws relating to the immigration of aliens into
the United States, and shall have the control,
direction, and supervision of all officers,
clerks, and employees appointed thereunder.
He shall establish such rules and regulations,
prescribe such forms of bonds, reports, entries,
and other papers, and shall issue from time to
time such instructions, not inconsistent with
law, as he shall deem best calculated for car-
rying out the provisions of this Act and for
protecting the United States and aliens mi-
grating thereto from fraud and loss, and shall
have authority to enter into contracts for the

Part of act of October 19, 1888.

That the act approved February twenty-
third, eighteen hundred and eighty-seven, en-
titled "An act to amend an act to prohibit the
importation and immigration of foreigners and
aliens under contract or agreement to perform
labor in the United States, its Territories, and
the District of Columbia," be, and the same is
hereby, so amended as to authorize the Secre-
tary of the Treasury, in case that he shall be
satisfied that an immigrant has been allowed
to land contrary to the prohibition of that law,
to cause such immigrant, within the period of
one year after landing or entry, to be taken
into custody and returned to the country from
whence he came, at the expense of the owner
of the importing vessel; or, if he entered from
an adjoining country, at the expense of the
person previously contracting for the services.

Section 7, act of March 3, 1891.

SEC. 7. That the office of superintendent of
immigration is hereby created and estab-
lished, and the President, by and with the
advice and consent of the Senate, is author-
ized and directed to appoint such officer, whose
salary shall be four thousand dollars per an-
num, payable monthly. The superintendent
of immigration shall be an officer in the Treas-
ury Department, under the control and super-
vision of the Secretary of the Treasury, to
whom he shall make annual reports in writing
of the transactions of his office, together with
such special reports, in writing, as the Secre-
tary of the Treasury shall require. The Sec-
retary shall provide the superintendent with
a suitably furnished office in the city of Wash-

departure from the United States designated by the Commissioner-General of Immigration.

SEC. 22. That in case the Secretary of the
Treasury shall be satisfied that an alien has
been found in the United States in violation
of this Act he shall cause such alien, within
the period of three years after landing or entry
therein, to be taken into custody and returned
to the country whence he came, as provided in
section twenty-one of this Act, or, if that can
not be so done, at the expense of the immigrant
fund provided for in section one of this Act;
and neglect or refusal on the part of the mas-
ters, agents, owners, or consignees of vessels
to comply with the order of the Secretary of
the Treasury to take on board, guard safely,
and return to the country whence he came any
alien ordered to be deported under the provi-
sions of this section shall be punished by the
imposition of the penalties prescribed in sec-
tion twenty of this Act.

SEC. 23. That the Commissioner-General of
Immigration, in addition to such other duties
as may by law be assigned to him, shall, un-
der the direction of the Secretary of the Treas-
ury, have charge of the administration of all
laws relating to the immigration of aliens into
the United States, and shall have the control,
direction, and supervision of all officers,
clerks, and employees appointed thereunder.
He shall establish such rules and regulations,
prescribe such forms of bonds, reports, entries,
and other papers, and shall issue from time to
time such instructions, not inconsistent with
law, as he shall deem best calculated for car-
rying out the provisions of this Act and for
protecting the United States and aliens mi-
grating thereto from fraud and loss, and shall
have authority to enter into contracts for the

ficial status of such commissioners heretofore
appointed. Immigration officers shall have
power to administer oaths and to take and
consider testimony touching the right of any
alien to enter the United States, and, where
such action may be necessary, to make a writ-
ten record of such testimony, and any person
to whom such an oath has been administered
under the provisions of this Act who shall
knowingly or willfully give false testimony or
swear to any false statement in any way affect-
ing or in relation to the right of any alien to
admission to the United States shall be deemed
guilty of perjury and be punished as provided
by section fifty-three hundred and ninety-two,
United States Revised Statutes. The decision
of any such officer, if favorable to the admis-
sion of any alien, shall be subject to challenge
by any other immigration officer, and such
challenge shall operate to take the alien whose
right to land is so challenged before a board
of special inquiry for its investigation. Every
alien who may not appear to the examining
immigrant inspector at the port of arrival to
be clearly and beyond a doubt entitled to land
shall be detained for examination in relation
thereto by a board of special inquiry.

SEC. 26. That such boards of special inquiry
shall be appointed by the commissioners of
immigration at the various ports of arrival as
may be necessary for the prompt determina-
tion of all cases of aliens detained at such
ports under the provisions of law. Such
boards shall consist of three members, who
shall be selected from such of the immigrant
officials in the service as the Commissioner-
General of Immigration, with the approval of
the Secretary of the Treasury, shall from time
to time designate as qualified to serve on such
boards: Provided, That at ports where there
are fewer than three immigrant inspectors,

of such aliens to enter the United States, all heretofore appointed. Immigration officers of which shall be entered of record.

Part of section 5, act of March 3, 1893.
SEC. 5. That it shall be the duty of every
inspector of arriving alien immigrants to de-
tain for a special inquiry, under section one
of the immigration act of March third, eight-
een hundred and ninety-one, every person
who may not appear to him to be clearly and
beyond doubt entitled to admission.

Part of section 5, act of March 3, 1893.

All special inquiries shall be conducted by
not less than four officials acting as inspectors,
to be designated in writing by the Secretary of
the Treasury or the superintendent of immi-
gration, for conducting special inquiries; and
no immigrant shall be admitted on special
inquiry except after a favorable decision made
by at least three of said inspectors; and any
decision to admit shall be subject to appeal by
any dissenting inspector to the superintendent
of immigration, whose action shall be subject
to review by the Secretary of the Treasury, as

shall have power to administer oaths and to
take and consider testimony touching the right
of any alien to enter the United States, and,
where such action may be necessary, to make
a written record of such testimony; and any
person to whom such an oath has been administered
under the provisions of this Act who shall give
false testimony in relation to the right of an alien
to admission to the United States, shall be deemed
guilty of perjury and be punished as provided by
section fifty-three hundred and ninety-two, United
States Revised Statutes. The decision of any
such officer, if favorable to the admission of
any alien, shall be subject to challenge by any
other immigration officer, and such challenge
shall operate to take the alien whose right to
land is so challenged before [the] a board of
special inquiry for its investigation. Every
alien who may not appear to the examining
immigrant inspector at the port of arrival to
be clearly and beyond a doubt entitled to land
shall be detained for examination in relation
thereto by a board of special inquiry.

SEC. 26. Such Boards of Special Inquiry shall be
appointed by the Commissioners of Immigration
at the various ports of arrival as may be necessary
for the prompt determination of all cases of aliens
detained at such ports under the provisions of law.
Such boards shall consist of three members who
shall be selected from such of the immigrant of-
ficials in the service as the Commissioner-General
of Immigration, with the approval of the Secre-
tary of the Treasury, shall from time to time
designate as qualified to serve on such boards;
provided that at ports where there are fewer than
three immigrant inspectors, the Secretary of the
Treasury, upon recommendation of the Commis-

the Secretary of the Treasury, upon recommendation of the Commissioner-General of Immigration, may designate other United States officials for service on such boards of special inquiry. Such boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or be deported, and in all cases the burden shall be on the alien to show clearly and beyond a doubt that he is entitled to land. All hearings before boards shall be separate and apart from the public, but the said boards shall keep complete permanent records of their proceedings and of all such testimony as may be produced before them; and the decision of any two members of a board shall prevail and be final, but either the alien or any dissenting member of said board may appeal, through the commissioner of immigration at the port of arrival and the Commissioner-General of Immigration, to the Secretary of the Treasury, whose decision shall then be final, and the taking of such appeal shall operate to stay any action in regard to the final disposal of the alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision: * Provided, That nothing in this section or in this Act shall be construed to prevent the Secretary of the Treasury from arranging from time to time, and it shall be his duty so to arrange, in accordance with existing contracts with railroad and steamship lines in foreign contiguous territory, or in accordance with such contracts as he may enter into in the future with such or other transportation lines, for the oxamination and payment of head tax of aliens landing in ports in said foreign contiguous territory and destined for the United States, such examina

sioner-General of Immigration, may designate
other United States officials for service on such
boards of special inquiry. Such boards shall
have authority to determine whether an alien who
has been duly held shall be allowed to land or be
deported, and in all cases the burden shall be on
the alien to show clearly and beyond a doubt that
he is entitled to land. All hearings before boards
shall be separate and apart from the public, but
the said boards shall keep complete permanent
records of their proceedings and of all such testi-
mony as may be produced before them; and the
decision of any two members of a board shall pre-
vail and be final, but either the alien or any dis-
senting member of said board may appeal through
the Commissioner of Immigration at the port of
arrival and the Commissioner-General of Immi-
gration to the Secretary of the Treasury, whose
decision shall then be final; and the taking of such
appeal shall operate to stay any action in regard
to the final disposal of the alien whose case is so
appealed until the receipt by the Commissioner of
Immigration at the port of arrival of such deci-
sion.

* [NOTE.-This provision is contained in section 33 following both of this and of the proposed bill.]