relatives or friends a fee, gift, or compensation for his services in excess of the above rate, except in the manner provided, or who shall deprive an alien of any part of his chattels or effects in lieu of, or as security for, said fee, will, upon reasonable proof of such misconduct, and after having been allowed a fair opportunity to answer the charge, be disbarred by the Department (to which a full report of the matter shall be made) from practicing at any immigration station of the United States. The names and addresses of attorneys or other persons so disbarred shall be conspicuously posted at the immigration station where the misconduct occurred and their names recorded in the office of the Commissioner-General of Immigration.

Rule 19. Notice of sailings. The master, agent, owner, or consignee of any vessel on which aliens are brought to the United States shall, at least twenty-four hours in advance thereof, notify the commissioner of immigration or officer in charge of the intended time of sailing of such vessel, in order that such officer may place on board the vessel every alien brought thereon who has been finally refused a landing.

Rule 20. Admissions under bond.- If, in following the provisions of Rule 6 hereof relating to appeals, the board of special inquiry reaches the conclusion that an alien in whose case a medical certificate for some physical defect, other than tuberculosis or a loathsome or dangerous contagious disease, has been rendered is excludable solely because such certified physical defect is, in the board's opinion, " of a nature which may affect the ability of such alien to earn a living," or render him liable to become a public charge, but that such alien is otherwise admissible, and, after notice of his right to do so, the alien signifies (within the time specified by Rule 5 hereof) an intention to apply for admission under bond, the board shall not enter an excluding decision against the alien as in other cases, but shall make a special finding of fact in the premises and report the same, including the certificate of the medical examiner, to the immigration officer in charge, who shall forward the report, together with his recommendation, to the Secretary of Commerce and Labor, through the Commissioner-General of Immigration. (See secs. 10 and 26 and Rule 6.)

If, in the exercise of the discretion conferred by law, the Secretary decides to admit the alien, a bond will be required in an amount which in no case shall be less than five hundred dollars. The sureties thereto shall be parties of known and ascertained responsibility and approved by the commissioner of immigration or immigration officer in charge. The bond shall be executed in duplicate on forms supplied by the Bureau, but shall not be accepted until landing of the alien under bond is authorized by the Department.

If, within a reasonable time, not to exceed thirty days, after the receipt of the Department's authority for the landing of an alien under bond, there is not forthcoming bond with acceptable sureties, that fact, and all others that may have a bearing upon the matter, shall be reported to the Department, with request for instructions; and if in any such case the former decision of the Department is reversed, the alien shall then be formally rejected by the board.

Rule 21. Japanese and Korean laborers.— The following rule is promulgated for the purpose of giving effect to an Executive order of the President issued on March 14, 1907, reading:

Whereas, by the act entitled "An act to regulate the immigration of aliens into the United States," approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone;

And Whereas, upon sufficient evidence produced before me by the Department of Commerce and Labor, I am satisfied that passports issued by the Government of Japan to citizens of that country or Korea and who are laborers, skilled or unskilled, to go to Mexico, to Canada and to Hawaii, are being used for the purpose of enabling the holders thereof to come to the cotinental territory of the United States to the detriment of labor conditions therein;

I hereby order that such citizens of Japan or Korea, to wit: Japanese or Korean laborers, skilled and unskilled, who have received passports to go to Mexico, Canada or Hawaii, and come there from, be refused permission to enter the continental territory of the United States.

It is further ordered that the Secretary of Commerce and Labor be, and he bereby is, directed to take, through the Bureau of Immigration and Naturalization, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect.

(a) Aliens from Japan and Korea are subject to the general immigration laws.

(b) Every Japanese or Korean laborer, skilled or unskilled, applying for admission at a seaport or at a land-border port of the United States and having in his possession a passport issued by the Government of Japan, entitling him to proceed only to Mexico, Canada, or Hawaii, shall be refused admission.

(c) If a Japanese or Korean laborer applies for admission and presents no passport, it shall be presumed (1) that he did not possess when he departed from Japan or Korea a passport entitling him to come to the United States, and (2) that he did possess at that time a passport limited to Mexico, Canada or Hawaii.

(d) If a Japanese or Korean alien applies for admission and presents a passport entitling him to enter the United States or one which is not limited to Mexico, Canada, or Hawaii, he shall be admitted, if it appears that he does not belong to any of the classes of aliens excluded by general immigration laws.

(e) If a Japanese or Korean alien applies for admission and presents a passport limited to Mexico, Canada, or Hawii, and claims that he is not a laborer, either skilled or unskilled, reasonable proof of this claim shall be required in order to permit him to enter the United States.

(f) When a Japanese or Korean alien is rejected as being a skilled or unskilled laborer holding a passport limited to Mexico, Canada, or Hawaii, he shall be allowed the right of appeal to the Secretary of Commerce and Labor under the same conditions as attach to aliens rejected under the general immigration laws.

(g) If a Japanese or Korean skilled or unskilled laborer is found in the continental territory of the United States without having been duly admitted upon inspection, the procedure employed under the general immigration laws for the arrest and hearing of aliens who have entered the United States surreptitiously shall be observed, to the end that the right of such alien Vol. III 14.

to be and remain in the United States may be determined; and if it shall appear that such alien falls within the class excluded by the foregoing Executive order, and has entered the United States since the 14th of March, 1907, the said alien shall be deported according to the provisions of sections 20, 21 and 35 of the act of Congress approved February 20, 1907.

(h) In case any Japanese or Korean is detained or denied admission by virtue of the foregoing Executive order, he shall, in addition to being informed of his right of appeal to the Secretary of Commerce and Labor, be advised that he may communicate by telegraph or otherwise with any diplomatic or consular officer of his Government, and shall be afforded opportunities for so doing.

(i) The officials of the Department charged with the enforcement of the immigration laws are instructed that in the execution of this rule scrupulous care shall be taken to see that the courtesy and consideration which the Department requires in the case of all foreigners, of whatever nationality, are shown to those affected by this rule. All officers of this Department are hereby warned that no discrimination will be tolerated, and that those coming under this rule must be shown every courtesy and consideration to which the citizens of most favored nations are entitled when they come to the United States.

(j) For practical, administrative purposes, the term “laborer, skilled and unskilled," within the meaning of the Executive order of March 14, 1907, shall be taken to refer primarily to persons whose work is essentially physical, or, at least, manual, as farm laborers, street laborers, factory hands, contractors' men, stable men, freight handlers, stevedores, miners, and the like; and to persons whose work is less physical, but still manual, and who may be highly skilled, as carpenters, stone masons, tile setters, painters, blacksmiths, mechanics, tailors, printers, and the like; but shall not be taken to refer to persons whose work is neither distinctively manual nor mechanical, but rather professional, artistic, mercantile, or clerical, as pharmacists, draftsmen, photographers, designers, salesmen, bookkeepers, stenographers, copyists, and the like. The foregoing definition is subject to change, and will not preclude the Secretary of Commerce and Labor

from deciding each individual case which comes to him by way of appeal in accordance with the particular facts and circumstances thereof.

(k) Passports presented by Japanese and Koreans shall be plainly indorsed, in indelible ink, by the officer admitting or rejecting the applicant, in such a manner as to show the fact and date of admission or rejection, the name of the officer being signed to such indorsement after which the passport shall be returned to the person by whom presented.

RULE 22. In consideration of the necessities of commerce and navigation, it has been held that foreign seamen arriving at the ports of the United States, and landing therein in the pursuit of their calling, are not ordinarily within the operation of the immigration act (23 Op. Atty. Gen., 521; 207 U. S., 120). But in order that this exemption shall not avail to permit the introduction into the United States of aliens excluded therefrom by the said act, it is necessary to observe the following distinctions between foreigners who are seamen and other aliens:

A seaman is any person employed to serve in any capacity on board any vessel plying between foreign ports and ports of the United States, whose occupation consists in following the sea, and who lands in the United States with no intention of remaining, and not otherwise than on shore leave, or on the business of his vessel, or for the purpose of reshipping.

Aliens, members of the crew of vessels engaged in the coastwise trade of the United States, are aliens within the meaning of the immigration act and subject to its provisions (Ops. Solr., June 14, 1907, and Sept. 16, 1907).

Aliens, though members of the crew of vessels engaged in the foreign trade, if their employment terminates at the end of the Voyage to the United States, or if discharged in a port of the United States, are to be treated as seamen only if it appears that they intend to reship on a vessel bound to a foreign port, or to depart from the country within a reasonable time.

Aliens, though members of the crew of vessels engaged in the foreign trade, if they desert their ship, shall, until the contrary is shown, be deemed to have abandoned their calling, and to be no longer seamen, within the meaning of this rule.