remained here until 1942, when he returned to Canada to enter his grandfather's business. Mrs. Eddy was born in Canada on October 2, 1911, and is a citizen of that country. She married Charles M. Lord in Canada on August 26, 1936. Two children were born of the marriage. On December 9, 1943, Mr. Lord was granted a divorce from his wife on the ground of the adultry of his wife and Ezra Butler Eddy. The custody of the children was granted to the father. The beneficiaries of the bill have made several temporary visits to the United States. They entered the United States on April 26, 1943, and subsequently departed. They reentered the United States on November 15, 1943, were married in New Jersey on December 17, and departed on March 21, 1944. They last entered the United States on February 3, 1945, as temporary visitors. Mr. Eddy admits that he and his wife traveled together before they were married. They were denied immigration visas by the American consul at Montreal, Canada, on the grounds of moral turpitude and because Mr. Eddy was likely to become a public charge. An investigation conducted by the Immigration and Naturalization Service of this Department indicates that Mr. Eddy has performed very little work during his lifetime. After the death of his father he inherited approximately $80,000, which he dissipated within 6 years. He is now dependent for support upon his mother, a citizen of the United States, who earns approximately $50 per week as a private nurse. She has other income from the rental of apartments she owns. Both Mr. and Mrs. Eddy have registered under the Alien Registration Act of 1940. Mr. Eddy was classified under the Selective Training and Service Act as IV-F, due to a tubercular condition of the spine. He attributes his lack of employment to this condition. During the course of a character investigation conducted by the Immigration and Naturalization Service many of the witnesses interviewed stated that they believed the couple would not make good citizens, while others testified to the contrary. In the light of the foregoing circumstances, no reason is discernible for enacting special legislation on behalf of these aliens and, accordingly, this Department is unable to recommend the enactment of the bill. The Director of the Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, DOUGLAS W. MCGREGOR, Mr. Latham, the author of the bill, appeared before the Subcommittee on Immigration and Naturalization of the Eightieth Congress and submitted additional facts, as contained in his statement, quoted below: H. R. 1915 is a bill to record the lawful admission into this country of Ezra Butler Eddy, Jr., and his wife, Marie Claire Lord Eddy. Mr. Eddy was born while his mother was on a visit to Canada. He probably is a citizen of the United States by virtue of the naturalization of his father. It is impossible, however, to find record of his father's naturalization, although in several letters and on his application for service with the United States Navy in World War I, he claimed to be a naturalized citizen of the United States. Mr. Eddy, by inclination and heritage, is an American. He is a direct descendany of Miles Standish. His father died in the service of this country as a naval aviator during the First World War. All of his ancestors are buried in the family plot in Vermont. Mr. Eddy, although seriously ill at one time, is now recovered and is able and anxious to secure gainful employment. There is no chance of his becoming a public charge, as he has an interest in a Canadian business, from which he can draw funds. Mrs. Eddy is an experienced nurse, and her services could well be used in the light of the extreme shortage of nurses here at this time. Mr. and Mrs. Eddy are living together happily in my congressional district with Mr. Eddy's mother, and they are all highly respected members of the community. It is my belief that the beneficiaries of H. R. 1915 will make capable and worthy citizens of the United States. H. R. 1915 passed the House in the Eightieth Congress. 81ST CONGRESS • 1st Session HOUSE OF REPRESENTATIVES { REPORT SAMUEL FADEM FEBRUARY 7, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. WALTER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 19931 The Committee on the Judiciary, to whom was referred the bill (H. R. 1993) for the relief of Samuel Fadem, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to record the lawful admission for permanent residence in the United States of Mr. Samuel Fadem, a native and citizen of Poland. The bill also provides for the proper quota deduction. GENERAL INFORMATION The pertinent facts in this case are set forth in a letter from the Assistant to the Attorney General to the chairman of the committee dated February 16, 1948, with respect to H. R. 4372 which was pending in the Eightieth Congress for the relief of the same beneficiary. The said letter reads as follows: Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. FEBRUARY 16, 1948. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to the bill (H. R. 4372) for the relief of Samuel Fadem, an alien. The bill would, notwithstanding the provisions of the immigration laws, authorize and direct the Attorney General to permit Samuel Fadem to remain permanently in the United States. The files of the Immigration and Naturalization Service of this Department disclose that Mr. Fadem is a native and citizen of Poland, having been born in that country on August 3, 1900. He entered the United States at New York on September 27, 1946, when he was admitted as a visitor for a period of 6 months. He was in possession of a nonimmigrant visa which was issued to him at Jerusalem, Palestine. On January 8, 1947, he applied for a change of his immigration status from that of a temporary visitor for business under section 3 (2) of the Immigration Act of 1924 to that of a treaty trader under section 3 (6) of that act. On February 10, 1947, his application for change of status was denied on the ground that he had not completed any transactions for import or export between the United States and Poland and that it was purely speculative whether he would actually engage in such trade. However, he was granted an extension of his temporary stay to September 27, 1947. He apparently is unable to adjust his immigration status at this time, as the Polish quota, to which he is chargeable is greatly oversubscribed. The files further show that the alien is married and that his wife and child, who is 6 years of age, reside in Palestine. He has testified that during the past 5 months he has placed orders with the International Trade Facilities Corporation of New York for goods for export in the amount of $10,000; that prior to coming to the United States he had conducted an import business in Palestine through the Fadem Associates of New York and had placed with that firm orders in the amount of $100,000. His nephew is president of that firm. He further stated that his income is approximately $1,500 a year. The record discloses nothing adverse to the alien's character or reputation. The facts of this alien's case are not unlike those of a great many others who are precluded from permanent residence in the United States by oversubscribed immigration quotas, and no reason appears why he should be granted preferment denied to others. Accordingly, this Department is unable to recommend the enactment of the bill. Sincerely yours, PEYTON FORD, Mr. Celler, the author of the bill, and three persons who are the business associates of the beneficiary of the bill appeared before the Subcommittee on Immigration and Naturalization in the Eightieth Congress, urging that consideration be given to the difficulty of Mr. Fadem's legal position and the merits of the case and recommending the passage of the measure. In addition, Mr. Celler submitted the following memorandum: Mr. Fadem, for whom relief is sought, is a man who finds himself in the position of being without a legal resident country. He fled the Nazi terror in Poland, the land of his birth, and escaped to Palestine. After living in Palestine for some time, he obtained a temporary visa to come to the United States for matters of business. Upon completion of his business, he sought to return to Palestine to rejoin his wife and child. The British authorities refused to grant him a reentry visa. Various appeals to the consulate and Home Office were denied, both by the British Passport Control Office in New York and the authorities of the Government of Palestine. He had no reason to suspect at the time he left Palestine that he would not be granted a reentry visa, which refusal by the British authorities is based on overstay of original entry. He cannot return to Poland, since his anti-Communist views are well known. Testimony given in his behalf before the Subcommittee on Immigration by Dr. George St. Novak, formerly vice president of the National Bank of Economy of Warsaw, presently president of the Intercontinental Trade Facilities Corporation, which employs Mr. Fadem, and similar testimony given by former Lt. Col. Stephen Jedrzejewski, of the Polish General Staff, and now associated with the same company, reveal that Mr. Fadem is a trustworthy, sincere, and hard-working man, with integrity of purpose. They testified, as well, that they know his opposition to the present Polish regime and stated that he would undoubtedly face grave risks were he to be compelled to return to Poland. In my estimation, Mr. Fadem would be a worthy citizen of our country, grateful for the opportunity to remain here and pick up the broken threads of his life which had been forced upon him by circumstances beyond his control. Victimized first by one form of totalitarianism and now threatened by another should he be compelled to return to Poland, Mr. Fadem merits our most favorable consideration. It would be callous disregard of the value of an individual life were we to fail to pass H. R. 4372. H. R. 4372 passed the House in the Eightieth Congress. O RETROCEDE TO THE STATE OF NEW MEXICO EXCLUSIVE JURISDICTION HELD BY THE UNITED STATES OVER LANDS WITHIN THE BOUNDARIES OF THE LOS ALAMOS PROJECT OF THE UNITED STATES ATOMIC ENERGY COMMISSION FEBRUARY 8, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. PETERSON, from the Committee on Public Lands, submitted the following REPORT (To accompany H. R. 541 The Committee on Public Lands, to whom was referred the bill (H. R. 54) to retrocede to the State of New Mexico exclusive jurisdiction held by the United States over lands within the boundaries of the Los Alamos project of the United States Atomic Energy Commission, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. EXPLANATION OF THE BILL The purpose of this bill is to retrocede to the State of New Mexico the exclusive jurisdiction now held by the United States over certain areas within the boundaries of the Los Alamos project in the counties of Sandoval and Santa Fe in New Mexico. The bill was prepared by the Atomic Energy Commission with the stated design of establishing "a uniform system of jurisdiction through the project area of the kind that will best serve the interests of the United States at that installation." The United States acquired through condemnation proceedings approximately 3,500 acres of deeded land which was interspersed with approximately 65,000 acres of forest reserve lands in those two counties. By virtue of article 1, section 8, clause 17, of the Constitution, and in compliance with statutory authority, the Secretary of War effectively accepted on behalf of the United States exclusive jurisdiction over the lands acquired by condemnation. These lands, together with the forest reserve lands above mentioned, were transferred to and are now under the control of the Atomic Energy Commission and constitute what is generally known as the Los Alamos atomic energy project. As a result of this taking of exclusive jurisdiction by the United States over the acquired lands, there has resulted a lack of uniformity of jurisdiction over the area. The supreme court of the State has held in a contest case that the residents on the 3,600 acres of acquired land are not legal voters, and in a divorce case that they are not subject to the jurisdiction of the State courts. This bill will retrocede to New Mexico that exclusive jurisdiction which is held by the United States over lands within the project area. The Atomic Energy Commission has declared: In terms of security, we believe that the proposed retrocession will necessitate little change in existing arrangements. This retrocession will not result in any weakening of the security safeguards presently maintained at the Los Alamos project. Los Alamos will, of course, remain an enclosed area. Moreover, the experience already acquired at the Commission's Oak Ridge and Hanford installations where the United States has no exclusive jurisdiction, has shown that the performance, protection, and security of Federal functions can be adequately safeguarded under State jurisdiction. The noninterference of a State with the Federal Government's constitutional use of its own property is firmly established at law, regardless of the nature of the jurisdiction over the property; and in practice, the States in which the Commission installations are located, have recognized the need for strict Federal control, and satisfactory arrangements have been established with the State officials. Early action on this bill is urged for two reasons: First, the community of Los Alamos may and probably does want enabling legislation with respect to its organization as a municipality, and the New Mexico State Legislature (which is now in session and is scheduled to adjourn the first week in March) has no jurisdiction to legislate until this bill becomes law. Second, as a precautionary measure against expensive litigation proceedings, the legislature should formally accept the jurisdiction which the bill recedes to the State. This legislation does not interfere in any way with the national security. It was requested by the Atomic Energy Commission in letter of August 3, 1948, addressed to Hon. Bourke B. Hickenlooper, then chairman of the Joint Committee on Atomic Energy. That letter is set forth below, together with letters from the Department of Agriculture, Department of Interior, and Department of Justice, all of which express agreement with the aims of H. R. 54. Hon. BOURKE B. HICKENLOOPER, ATOMIC ENERGY COMMISSION, Washington 25, D. C., August 3, 1948. Chairman, Joint Committee on Atomic Energy, Senate Office Building, Washington, D. C. DEAR SENATOR HICKENLOOPER: There is forwarded to you a draft of a bill which provides for the retrocession to the State of New Mexico of exclusive jurisdiction held by the United States over lands within the boundaries of the Atomic Energy Commission's Los Alamos project in New Mexico. This bill was transmitted by the Bureau of the Budget to the Department of Agriculture, the Department of the Interior, and the Department of Justice. Copies of their letters in reply are attached. As indicated to you informally, it is our desire to have this bill introduced and, if possible, acted upon by the Congress during its present session. This bill is designed to establish a uniform system of jurisdiction throughout the project area of the kind that will best serve the interests of the United States |