or by imprisonment for not more than one year, or both. For any transportation company other than a railway line to bring idiots, imbeciles, epileptics, or persons suffering with tuberculosis or with a dangerous or contagious disease is unlawful, and if such disease could have been detected at time of embarkation, by means of a competent medical examination, such company shall pay $100 each for every lien so brought. The master or commanding officer of vessels bringing aliens to United States ports are required to furnish to the immigration officers at such ports lists or manifests made at the time and place of embarkation, such manifests to contain the following in regard to each alien: (1) The full name, age, and sex; (2) whether married or single; (3) occupation; (4) whether able to read or write; (5) the nationality; (6) race; (7) last residence; (8) name and address of nearest relative in the country from which the alien came; (9) seaport for landing in the United States; (10) final destination; (11) whether having ticket through to such destination; (12) who paid his passage; (13) whether in possession of $50, and if less, how nuch; (14) whether going to join a relative or friend, and if so, what relative or friend; (15) whether ever before in the United States, and if so, when and where; (16) whether ever in prison, almshouse, or insane asylum; (17) whether a polygamist; (18) whether an anarchist; (19) whether coming by reason of any offer, solicitation, or agreement, express or implied, to perform labor in the United States; (20) and what is the alien's condition of health, and whether crippled or deformed.

Masters or commanding officers of vessels taking alien passengers out of the United States are required to file with collectors of customs at ports of departure lists of all alien passengers taken on board, such lists to contain the following concerning each alien embarked: (1) Name, age, and sex; (2) nationality; (3) residence in the United States; (4) occupation; (5) and time of last arrival in the United States.

The penalty for failure to comply with the law respecting lists or manifests is in both cases a fine of $10 for every alien not so listed. In cases of outgoing vessels the aggregate fine is limited to $100.

It is the duty of immigration officials to go on board each vessel to inspect all aliens upon receipt of the manifests or have them temporarily removed to a proper place for such inspection. Unless the inspector thinks an alien is clearly entitled to land he shall hold him for hearing before board of special inquiry. Such boards of special inquiry are appointed by commissioners of immigration at ports of arrival; each board to consist of three members selected from among such immigrant or other United States officials as the Commissioner General of Imigration, with the approval of the Secretary of Commerce and Labor, shall designate for such service. The decision of any two members prevails. The alien or any dissenting member of the board may appeal to the Secretary of Commerce and Labor through the commissioner and Commissioner General of Immigra tion. No appeal can be taken from their decision, made on the basis of certification by medical officer, in cases of aliens afflicted with tuberculosis or with a loathsome or dangerous contagious disease. Physical and mental examination of all aliens shall be made by

officers of the United States Public Health and Marine-Hospital Service, who have had at least two years' experience in the practice of their profession.

Deportation of aliens unlawfully brought to the United States shall be immediate and at expense of vessel bringing them; cost of detention also to be paid by owner of vessel. The penalty for failure to hold, deport, or maintain is $300 for every offense. Deportation may be suspended if the testimony of a deported alien is needed in the prosecution of offenders against the act. If any alien shall have entered the United States unlawfully and become a public charge from causes existing prior to landing, he may be deported within three years after date of entry. Such deportation and one-half of the entire cost of removal to the port of departure shall be at the expense of the contractor or procurer or other person by whom the alien was induced to enter the United States. If this can not be done, then the expense of removal to the port of departure shall be paid out of the immigration fund, and the further deportation shall be at the expense of transportation company by which the alien came. Further, any alien found in the United States in violation of the act is to be deported within three years after arrival and at the expense of the transportation company bringing him. Deportation must be to transoceanic ports or to the port of departure if the alien is from foreign contiguous territory.

The Commissioner General of Immigration, under direction of the Secretary of Commerce and Labor, is to have charge of the administration of all law relating to the immigration of aliens into the United States. He may enter into contract for the support or relief of such aliens as are in need of public aid. It is his duty to secure from time to time information as to the number of aliens detained in the penal, reformatory, and charitable institutions of the United States. He may, with the approval of the Secretary of Commerce and Labor, detail immigration officers abroad, also surgeons, for service in foreign countries.

The duties of the commissioners of immigration at the several ports are administrative and as prescribed with the approval of the Secretary of Commerce and Labor.

Any alien liable to be excluded because likely to become a public charge or because of physical disability other than tuberculosis or a loathsome or dangerous contagious disease may be admitted, if otherwise admissible, in the discretion of the Secretary of Commerce and Labor, upon the giving of a suitable bond that such alien shall not become a public charge.

Circuit and district courts of the United States are invested with power over all cases arising out of this law. For the preservation of the peace local municipal officers and courts shall have jurisdiction over immigrant stations.

The Commissioner General of Immigration, under direction of the Secretary of Commerce and Labor, shall prescribe regulations for the inspection of aliens along the borders of Canada and Mexico.

To assist an anarchist alien to enter the United States is punished by a fine of not more than $5,000 or by imprisonment of not more than five years or both.

This act establishes a division of information in the Bureau of Immigration, whose duty it is to promote a beneficial distribution of aliens among the States and Territories desiring immigration.

The term " United States " as used in this act means the United States and any waters, territory, or other place subject to the jurisdiction thereof, except the Isthmian Canal Zone.

The "immigrant fund" provided for in section 1 of the act of February 20, 1907, and in previous acts was abolished by a provision of the sundry civil appropriation act of March 4, 1909. Since July 1. 1909, all moneys collected pursuant to the provisions of section 1 have been covered into the Treasury to the credit of miscellaneous receipts, and specific annual appropriations are now made " to defray the expense of regulating the immigration of aliens into the United States,"

LEGISLATION FOR THE SUPPRESSION OF THE WHITE-SLAVE TRAFFIC.

By the act of March 26, 1910, sections 2 and 3 of the immigration law of February 20, 1907, were amended to more effectively prevent the importation of women and girls for immoral purposes and their control by importers and others after admission to the United States. These amendments followed recommendations of the Immigration Commission contained in a report of the Commission on the importation and harboring of women for immoral purposes."

By the act of March 26 the following were added to the classes excluded by section 2 of the immigration act: "Persons who are supported by or receive in full or in part the proceeds of prostitution." Under the terms of the act of 1907 "women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose," and also "persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose," were specifically excluded from the United States. Under that law, however, there was no specific provision for the exclusion of that particularly reprehensible class of persons referred to in the act of March 26, 1910. By the amendment. of section 3 of the law of 1907 additional means were provided for the punishment and deportation of aliens who in any way profited or derived benefit from the proceeds of prostitution.

Section 3 of the immigration act of February 20, 1907, and the same section as amended by the act of March 26, 1910, follows:

Act of February 20, 1907.

SEC. 3. That the importation into the United States of any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, is hereby forbidden; and whoever shall, directly or indirectly, import, or attempt to import, into the United States, any alien woman or girl for the purpose of

Act of March 26, 1910.

SEC. 3. That the importation into the United States of any alien for the purpose of prostitution or for any other immoral purpose is hereby forbidden; and whoever shall, directly or indirectly, import, or attempt to import, into the United States, any alien for the purpose of prostitution or for any

See Importation and Harboring of Women for Immoral Purposes. Reports of the Immigration Commission, vol. 37. (S. Doc. No. 753, 61st Cong., 3d sess.)

The agitation of the subject also resulted in the enactment of a law prohibiting the transportation of persons from one State to another for purposes of prostitution."

Public act No. 277, 61st Cong., 2d sess., approved June 25, 1910. pendix B.

CHAPTER V.

CHINESE-EXCLUSION LEGISLATION.

a

Chinese immigration in this country began in the early "fifties." The first arrivals were in California. In 1850 it is said that the people of San Francisco regarded "with admiration and pride' these "picturesque and far-traveling immigrants." Soon they were appreciated for their cheap labor, which was utilized in the construction of the transcontinental railway and hastened the development of the western half of the interior by many years. For this they received generous praise. However, when the Chinaman entered the mines, successfully engaged in work on the farm and as domestic servants, and even in certain manufactures, "his labor was denounced as superseding that of the white man, and the question of Chinese immigration became a labor question to which the statesmen of California almost immediately succumbed." This agitation, it is recorded, was originated upon the "sand lots" of San Francisco by Dennis Kearney," the leading knight in the crusade."

The first expression of the hostile feeling was by general abuse and violence. The Chinaman was mobbed and stoned in the streets. Then state and city legislation was enacted which directly or indirectly injured him.'

ANTI-CHINESE LEGISLATION IN CALIFORNIA.

In 1852 Gov. Bigler in his message to the California legislature recommended restrictive legislation against the Chinese coolies." This was not popularly received, but in the year following a law taxing all foreign miners was enacted. In practice it was collected only from the Chinese. In 1855 California enacted a law imposing. a tax of $55 upon every Chinese immigrant, and in 1858 a law was passed prohibiting all Chinese or Mongolians from entering the State, unless driven on shore by weather or some accident, in which case they should be immediately sent out of the country. In 1862 another act was passed providing for a head tax of $2.50 upon all arriving Mongolians 18 years of age and over, unless they were engaged in the production and manufacture of sugar, rice, coffee, or tea. These different State laws were declared unconstitutional by the supreme court of California."

In the same manner the cities of the Pacific coast passed ordinances directly or indirectly affecting the Chinese. For example, San Francisco had an ordinance imposing a license fee of $4 per quarter on laundries using a two-horse vehicle, while on laundries

• American, Vol. IV, p. 23.

Chester Holcombe. The Restriction of Chinese Immigration." Outlook, Vol. 76, p. 971, Apr. 23, 1904.

R. Mayo Smith. Emigration and Immigration," p. 238.