. . No hard and fast rule can be laid down as to the amount of money an alien should have. This is only one element to be considered in each case, but generally he should have enough to provide for his reasonable wants and those of accompanying persons dependent upon him until such time as he is likely to find employment; also when bound for an interior point, railroad tickets or funds with which to purchase the same."

75

With regard to children under 16 years of age (unaccompanied) certain exceptions are made. Normally such children are held for special inquiry but in case of ports where no permanent board of special inquiry exists, this duty falls upon the individual immigration officer.

Such officer, after personal examination of such children and those accompanying them,

66

may admit, without examination by a board, otherwise admissible unaccompanied children, who he is satisfied will not be put at work unsuited to their years, if he is also satisfied beyond a reasonable doubt (1) that the five facts enumerated in . . . [Rule 6, Subdiv. 1] exist," or (2) that the child is to attend a designated reputable institution of learning, for which suitable provision has been made in advance, or (3) that the child is merely in transit, and the person by whom accompanied will convey him through and out of the United States, or (4) that the child is to make a temporary visit to close relations.""

Laborers from countries which grant limited passports demand special attention from immigration officers. In practice such aliens are almost exclusively Japanese, but in the absence of formal treaty, and specific exclusion acts and as a means of carrying out the socalled "gentlemen's agreement," the passport plan of emigration control is used. Thus, in reality, the Japanese exclusion is, under the classification here adopted, part of the "mass eligibility activity, but since it is basically economic in nature, it is here so discussed.

76... (1) that they are strong and healthy, (2) that while abroad they have not been the objects of public charity, (3) that they are going to close relatives who are able and willing to support and properly care for them, (4) that it is the intention of such relatives to send them to day school until they are 16, and (5) that they will not be put at work unsuited to their years " Ibid., p. 44.

77

Ibid., p. 45.

The President's proclamation of this subject " provides as follows:

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 certain foreign governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein:

I hereby order that such alien laborers, skilled or unskilled, 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 hereby 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.

As with other phases of the "mass eligibility" group, only those claiming exemption from the general regulations come to the attention of officers for individual examination. The basic condition, and the primary one for admission in these cases, is the possession of a passport.

The rules on this subject state that

The proclamation requires that laborers, skilled or unskilled, who are citizens of a country which grants to its laborers proceeding abroad limited labor passports only, and who present at a continental port a passport entitling them only to admission to countries or

78 Issued February 24, 1913.

places other than continental United States, shall be rejected. It does not in any particular relieve such aliens from examination under the general provisions of the law."

The laborer without a passport is automatically excluded without further administrative action or inspection. If he possesses a passport admitting him to the continental United States, he is subject to admission under the same conditions as are other aliens; that is, he must submit to physical and mental examination and tests for literacy, and economic, moral, and technical fitness, administered by Public Health Service and immigration officers.

If the passport presented is limited but the alien claims he is not a laborer," skilled or unskilled, the immigration officer must use his judgment as to the adequacy of the proof supporting such claim.

The officer is required to indorse all passports in indelible ink to show the fact and date of admission or rejection, and return such passport to the alien.

Detailed provisions are made in the rules and regulations for the obtaining of return certificates by Chinese laborers. Provision for such certificates was made in the act of Sept. 13, 1888 (25 Stat. L., 476), which permits issuance to such Chinese persons only as have been duly registered under provisions of the acts of May 5, 1892 (27 Stat. L., 25), or of November 3, 1893 (28 Stat. L., 7), and can present a certificate issued thereunder. A certificate may also be issued to a Chinese person who has established, before a court of competent jurisdiction, the lawfulness of his residence in the United States and presents a certified copy of the court's decision, or who otherwise establishes before the immigration officer, to whom application for the return certificate is made, that he is lawfully within the United States.

"Immigration laws, etc., p. 54.

80 Laborers are defined as persons "whose work is essentially physical, or, at least, manual, as farm laborers, street laborers, factory hands, contractors' men, stablemen, 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, stonemasons, tile setters, painters, blacksmiths, mechanics, tailors, printers, and the like; but shall not be taken to refer to persons whose work is neither distinctly manual nor mechanical, but rather professional, artistic, mercantile, or clerical, as pharmacists, draftsmen, photographers, designers, salesmen, bookkeepers, stenographers, copyists, and the like."-Ibid., p. 55.

A Chinese laborer" claiming right to leave and return to the United States in accordance with the act of September 13, 1888 (25 Stat. L., 476), must make written application to the immigration officers located nearest to his place of residence for preinvestigation of his claim.

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The officer to whom such application is submitted shall make a thorough examination as to the accuracy of the descriptive statement, whether the accompanying photograph is that of the person described in the certificate or certified copy of court record and statement and whether applicant's height and descriptive physical marks are accurately given, and (unless similar action has been taken at so recent a date as to give assurance of the genuineness of the papers) shall transmit the certificate of residence to the Com-. missioner-General of Immigration for comparison with the record thereof in his office, in respect not only to name and date therein, but in all other particulars, or the certified copy of court record shall be sent for verification to the clerk of the court by whom issued. Said officer shall also examine the applicant, such witnesses as he may produce, and such other witnesses as may be necessary, causing their testimony to be transcribed in triplicate.

83

After due investigation and certification the application and report thereon are forwarded to the immigration officer in charge at the port of proposed departure," who, if satisfied with the evidence presented, endorses the application. A duplicate copy of the application is then returned to the applicant, who exchanges it for the original copy at the time of and at the port of departure. The duplicate copy (with photograph) is retained for comparison upon the applicant's return, it being required that the statutory ground for his readmission still exist upon his return.

81 The procedure regarding the laborer's return certificate is duplicated also in essentials for Chinese “exempts” and Chinese citizens of the United States.

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32 If a laborer leaves without return certificate, he cannot lawfully re-enter; and if he re-enters, he is subject to deportation. The application must be prepared in triplicate and filed thirty days before date of proposed departure. Other requirements concern photographs of applicant, names of corroborative witnesses, etc.

83 Treaty, etc., p. 48.

84

In case the departure is for Canada only, papers are forwarded to the inspector in charge at Winnipeg, provided the border port is Sumas, Portal or Noyes and to the Commissioner of Immigration at Montreal if the port is Detroit, Buffalo, Malone, Richford, Lowelltown, or Vanceboro.

If the decision of the immigration officer at the point of prospective departure should, however, prove unfavorable, the applicant is informed and advised of his right of appeal to the CommissionerGeneral of Immigration.

On the return of the applicant the original application shall be compared with the duplicate on file and with the person presenting it; and if the officer in charge is satisfied of the identity of such person, and nothing has occurred during his absence to discredit the evidence taken on the preinvestigation, he shall be promptly admitted without further examination or investigation, except to ascertain from applicant whether the statutory ground for admission still exists. The original application shall then be placed in the files, and the applicant's registration certificate or certified copy of court record shall be returned to him, unless he voluntarily surrenders such paper as a condition precedent to the procurement of a certificate of identity, and in the latter event a notation describing by number or otherwise the surrendered paper shall be placed' on the certificate of identity."

85

The term "morally unfit," as here arbitrarily adopted and used, includes according to the law:

persons who have been convicted of, or admit having committed a felony or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy;,.. prostitutes or persons coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who directly or indirectly procure or attempt to procure or import prostitutes or persons for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution.

86

Here as with the "economically unfit," the activity is that of ascertaining the facts from any sources available, weighing circumstantial evidence, and rendering decision.

The term "technically unfit," embraces all excludables hitherto unmentioned in this discussion and may be said to include the following classes, viz. : those previously deported for any reason whatsoever and who seek to return; Chinese exempts" or Chinese

85

Treaty, etc., p. 49. For provision regarding extension of time limit of return certificates see supra, p. 39.