CORNELL UNIVERSITY LIBRARY THE CHARLES WILLIAM WASON COLLECTION ON CHINA AND THE CHINESE DEPARTMENT OF koW^CE^Aflfc^Ai>R BUREAU OF JM&DGRATIOH^AND tfSXTJXI^IZATIQK 176 7 ^ TREAT Y, LAWS, AND REGULATIONS GOVERNING THE ADMISSION OF CHINESE REGULATIONS APPROVED DECEMBER 15, 1909 Edition of December, 1909 (Embodying Amendments to Rules 14 and 30), WASHINGTON GOVERNMENT PRINTING OFFICE 1909 Date Due DEC1 * l1 94$ * DEPARTMENT OF COMMERCE AND LABOR BUREAU OF IMMIGRATION AND NATURALIZATION TREATY, LAWS, AND REGULATIONS GOVERNING THE ADMISSION OF CHINESE REGULATIONS APPROVED DECEMBER 15, 1909 Edition of December, 1909 (Embodying Amendments to Rules 14 and 30) WASHINGTON GOVERNMENT PRINTING OFFICE 1909 At- 1W& 10? TREATY CONCERNING THE IMMIGRATION OF CHINESE. TREATY BETWEEN THE UNITED STATES AND CHINA,. November CONCERNING IMMIGRATION. 17 ' 188 °- 22 Stat., 826. [Concluded November 17, 1880 ; ratification advised by the Senate May 5, 1881 ; ratified by the President May 9, 1881 ; ratifications exchanged July 19, 1881; proclaimed October 5, 1881.] By the President or the United States op America. A PROCLAMATION. Whereas a Treaty between the United States of America p r o c i a m a - and China, for the modification of the existing treaties between the two countries, by providing for the future regulation of Chinese immigration into the United States, was concluded and signed at Peking in the English and Chinese languages, on the seventeenth day of November in the year of our Lord one thousand eight hundred and eighty, the original of the English text of which Treaty is word for word as follows: Whereas, in the eighth year of Hsien Feng, Anno Preamble. Domini 1858, a treaty of peace and friendship was con- cluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed: — and Whereas the Government of the United States, because of the constantly— increasing immigration of Chinese ToTTnr^Q fn t.h p t.prritnry- u>4-thft--TJri.ited..Rta,tp,R 1 and the em- barrassments consequent upon- such- immigration^ now desireTtcTnegotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit : — Now, therefore, the President of the United States of pa gi°* ractlllg America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Tres- 4 TREATY OF NOVEMBER 11, 1880. cot, of South Carolina as his Commissioners Plenipoten- tiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chiin, a member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Office ; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipo- tentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following arti- cles in modification. Article I. Chinese la- Whenever in the opinion of the Government of the ti°o r n rS and sus- United States the coming_of_Chinese laborers to the miration of. m United - States, :_or-_thfiir__cfisidence" th erein, "affects or ""threatgnsjo^ffecd^hfiJa terests of that country , or to en- danger the good order of the said country or of any local- ity within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. a The limitation or sus- pension shall be reasonable, and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Leg- islation .taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regu- lation, limitation, or suspension of immigration, and im- migrants shall not be subject to personal maltreatment or abuse. Article II. Chinese sub- Chine se subjects, whether^ proceeding to the_ United united states— States^^^fiachfirs^lstudente, merchants-or -from, curiosity. to gethe r_with -their- body and_ household servants, and Chinese laborers who are now in the United j3tates shall be"aliowed to go and come of their own free will andjtc- cord, and shall be -accorded all -the jdghtSjjprivileges, im- munities, and exemptions which ara accorded to the citi- zens and subjects of the most favored nation. "Amended by various provisions of law prohibiting the admis- sion of Chinese laborers to the United States. TREATY OF NOVEMBER 17, 1880. 5 Article III. If Chinese laborers, or Chinese of any other class, . Chinese sut>- . . 7 . J ' jects in the now either permanently or temporarily residing in the united states- territory of the United States, meet with illtreatment at privileges of. the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. Article IV. The high contracting powers having agreed upon the ]at f u n ture legis " foregoing articles, whenever the Government of the United States shall adopt legislative measures in accord- ance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result. In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be ex- changed at Peking within one year from date of its execution. Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day. JAMES B. AnGELL. [SEAL.] Signatures. John F. Swift. [seal.] Wm. Henry Teescot. [seal.] Pao Chun. [seal.] Li Hungtsao. [seal.] And whereas the said Treaty has been duly ratified on Prociama- both parts and the respective ratifications were ex- changed at Peking on the 19th day of July 1881 : Now, therefore, be it known that I, Chester A. Arthur, President of the United States of America have caused 6 TEEATY OF NOVEMBER 17, 1880. Proclamation, the said Treaty to be made public to the end that the same and every article and clause thereof may be ob- served and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in Washington this fifth day of October in the year of our Lord one thousand eight hundred and eighty- one, and of the Independence of the United States the one hundred and sixth. [seal.] CHESTEK A. ARTHUR. By the President: James G. Blaine, Secretary of State. LAWS RELATING TO THE ADMISSION OF CHINESE. ACT OP MAY 6, 1882, AS AMENDED AND ADDED TO BY ACT OP JULY 5, 1884.° (22 Stat., p. 58; 23 Stat., p. 115.) AN ACT To amend an act entitled : "An act to execute certain treaty stipulations relating to Chinese, approved May sixth, eighteen hundred and eighty-two." / Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That section one of the act entitled "An act to exe- cute certain treaty stipulations relating to Chinese," ap- proved May sixth, eighteen hundred and eighty-two, is hereby amended so as to read as follows : " Whereas in the opinion of the Government of the Preamble. United States the coming of Chinese laborers to this coun- try endangers the good order of certain localities within the territory thereof ; Therefore " Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That from and after the passage of this act, and clu ^foi° d of ex ' until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be,, and the sameualhereby .suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any forejgn__port or place, or having so come to r emain with in. tb^Unjte3ri§tatesr ? ~ SectioiTtwo of said act is hereby amended so as to read as follows: a The act of May 6, 1882, as amended and added to by the act of July 5, 1884, was continued in force for an additional period of ten years from May 5, 1892, by the act of May 5, 1892 (27 Stat, p. 25) ; and was, with all laws on this subject in force on April 29, 1902, reenacted, extended, and continued without modification, limitation, or condition by the act of April 29, 1902 (32 Stat., p. 176), as amended by the act of April 27, 1904 (33 Stat, p. 428). 8 ACTS OP 1882 AND 1884. Liability of " S EC# 2. That the master of any vessel who shall know- master of yes- J sei. ingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chi- nese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year." Section three of said act is hereby amended so as to read as follows: Exceptions— " S EC . 3. That the two foregoing sections shall not ap- resident labor- P XT . , ,-,, ers ; ply to Chinese laborers who were in the United states on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sec- tions apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall pro- duce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this —vessel in dis- section mentioned ; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port , of the United States on its voyage to any foreign port or place: Provided; That all Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port." Note. — Sections 4 and 5, which follow, have been superseded by the act of September 13, 1888, post. Section four of said act is hereby amended so as to read as follows: chineseiabor- " s EC . 4.« That for the purpose of properly identifying ?„ tat . < L s ' J h0 7 Chinese laborers who were in the United States on the identified — col- lector to make seventeenth day of November, eighteen hundred and list of depart- J '. & ing laborers ; eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, and in order to furnish them with the proper evidence of their right to go from » Amended by act of September 13, 1888. ACTS OF 1882 AND 1884. 9 and come to the United States as provided bv the said act Chinese labor- n ii i , i , , „ , , . er3 m United and the treaty between the United States and China dated ?**}*** how tl- , identified — .November seventeenth, eighteen hundred and eighty, the Chinese inspector in charge of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry books, to be kept for that purpose in which shall be stated the indi- vidual, family, and tribal name in full, the age, occupa- tion, when and where followed, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in the custom-house ; and every —certificate to such Chinese laborer so departing from the United States er ; glven shall be entitled to and shall receive, free of any charge or cost upon application therefor, from the Chinese in- spector in charge or his deputy, in the name of said inspector and attested by said inspector's seal of office, at the time such list is taken, a certificate, signed by the said inspector or his deputy and attested by his seal of office, in such form as the Secretary of Commerce and Labor shall prescribe, which certificate shall contain a statement of the individual, family, and tribal name in full, age, occupation, when and where followed, of the Chinese laborer to whom the certificate is issued, cor- responding with the said list and registry in all par- ticulars. " In case any Chinese laborer, after having received such certificate, shall leave such vessel before her de- parture, he shall deliver his certificate to the master of the vessel ; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certifi- cate shall be delivered by the master to the collector of customs for cancellation. " The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and reenter the United States upon producing and de- livering the same to the Chinese inspector in charge of the district at which such Chinese laborer shall seek to reenter, and said certificate shall be the only evidence per — certificate to missible to establish his right of reentry ; and upon deliv- aence of right ering of such certificate by such Chinese laborer to the 19353—09 2 10 ACTS OF 1882 AND 1884. Chinese labor- sa i(j inspector at the time of reentry in the United States, ers in United r J n . , s , ta -ll s k how said inspector shall cause the same to be hied in the cus- ldentified — r tin tom-house and duly canceled. ^ —departure by S EC . 5.« That any Chinese laborer mentioned in section 1 1 n A cfirtifi - cate. four of this act being in the United States, and desiring to depart from the United States by land, shall have the right to demand and receive, free of charge or cost, a cer- tificate of identification similar to that provided for in section four of this act to be issued to such Chinese labor- ers as may desire to leave the United States by water ; and it is hereby made the duty of the Chinese inspector in charge of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry- books to be kept by him for the purpose, as provided for in section four of this act. Section six of said act is hereby amended so as to read a,s follows: Personi » S EC . 6. That in order to the faithful execution of the other than la- . . » . ^ ■ borers — per- provisions of this act, every Chinese person, other than a mission and r . . identification laborer, who may be entitled by said treaty or this act to by Chinese or ... other foreign come within the United States, and who shall be about to government ; . come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Govern- ment, or of such other foreign government of which at -certiicate; the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Gov- ernment, which certificate shall be in the English lan- guage, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, | height, and all physical peculiarities, former and present i occupation or profession, when and where and how long \ pursued, and place of residence of the person to whom I the certificate is issued, and that such person is entitled by this act to come within the United States, -merchants ; " If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above re- quirements, state the nature, character, and estimated value of the business carried on by him prior to and at y ~ the time of his application as aforesaid : Provided, That - Amended by act of September 13, 1888. ACTS OF 1882 AND 1884. 11 nothing in this act nor in said treaty shall be construed as ot ?J r^o "} a * embracing within the meaning of the word ' merchant,' borers- hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for home con- sumption or exportation. " If the certificate be sought for the purpose of travel —travelers ; for curiosity, it shall also state whether the applicant in- tends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. " The certificate provided for in this act, and the iden- — <= ° n »« lar tity of the person named therein shall, before such person goes on board any vessel to proceed to the United States, be viseed by the indorsement of the diplomatic repre- sentatives of the United States in the foreign country from which such certificate issues, or of the consular rep- resentative of the United States at the port or place from which the person named in the certificate is about to de- part; and such, diplomatic representative or consular representative whose indorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination that said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same. "Such certificate viseed as aforesaid shall be prima —certificate facie evidence of the facts set forth therein, and shall be dence against produced to the Chinese inspector in charge of the port in and sole eri- the district in the United States at which the person er-, named therein shall arrive, and afterward produced to the proper authorities of the United States whenever law- fully demanded, and shall be the sole evidence permissible on the part of the person so producing the same to estab- lish a right of entry into the United States ; but said cer- tificate may be controverted and the facts therein stated disproved by the United States authorities." Sec. 7. That any person who shall knowingly and —penalties, j. i i u iAvl A -C j-i. -^ fraudulent cer- f alsely alter or substitute any name ror the name written tiflcates. in such certificate or forge any such certificate, or know- ingly utter any forged or fradulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor ; and upon conviction thereof shall be fined in a sum not exceeding one thousand 12 ACTS OF 1882 AND 1884. Master vessel to dollars, and imprisoned in a penitentiary for a term of not more than five years. Section eight of said act is hereby amended so as to read as follows: £ " Sec. 8. That the master of any vessel arriving in the njsh sworn list United States from any foreign port or place shall, at the of passengers — J . ° r r ' same time he delivers a manifest or the cargo, and it there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the Chinese inspector in charge of the dis- trict in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign Government, travel- ing on the business of that Government, .or their servants, with a note of such facts), and the names and other partic- ulars as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. " Any refusal or willful neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a re- fusal or neglect to report and deliver a manifest of the cargo." Sec. 9. That before any Chinese passengers are landed f 0I t P s a and lists ^ rom an y suc h vessel, the Chinese inspector in charge, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the pas- sengers ; and no passenger shall be allowed to land in the United States from such vessel in violation of law. Section ten of said act is hereby amended so as to read as follows: " Sec. 10. That every vessel whose master shall know- ingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any district of the United States into which such vessel may enter or in which she may be found." Section eleven of said act is hereby amended so as to read as follows: — penalty. Collector examine and Liability vessel. of ACTS OF 1882 AND 1884. 13 / " Sec. 11. That any person who shall knowingly bring Persons aid- into or cause to be brought into the United States by unlawful en- land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, be fined in a sum not exceeding one ^thousand dollars, and imprisoned for a term not exceed- ing one year." Section twelve of said act is hereby amended so as to read as follows: "Sec. 12. That no Chinese person shall be permitted Entry by to enter the United States by land without producing to the proper .Chinese inspector the certificate in this act required of Chinese persons seeking to land from a vessel. "And any Chinese person found unlawfully within ti0 52_ p ° r * a " the United States shall be caused to be removed there- from to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be one not lawfully entitled to be or to remain in the United States ; and in all such —liability for ; . expenses of re- cases the person who brdught or aided in bringing suchmovai; person to the United States shall be liable to the Govern- ment of the United States for all necessary expenses in- curred in such investigation and removal; and all peace —authority of officers of the several States and Territories of the United States are hereby invested with the same author- ity as a marshal or United States marshal in reference to carrying out the provisions of this act or the act of which this is amendatory, as a marshal or deputy marshal of the United States, and shall be entitled to like compensa- tion to be audited and paid by the same officers. "And the United States shall pay all costs and charges —cost of main- . ,, . , T , . „, . tenance and re- ior the maintenance and return or any Chinese person turn of person having the certificate prescribed by law as entitling such ed certificate. Chinese person to come into the United States who may not have been permitted to land from any vessel by rea- son of any of the provisions of this act." Section thirteen of said act is hereby amended so as to read as follows: /"""" Sec. 13. That this act shall not apply to diplomatic^* p^«c and other officers of the Chinese or other Governments traveling upon the business of that Government, whose 14 ACTS OF 1882, 1884, AND 1888. "\ credentials shall be taken as equivalent to the certificate \ in this act mentioned, and shall exempt them, and their body and household servants from the provisions of this J> act as to other Chinese persons." ^x ... Na j£E a l iza " Sec. 14. That hereafter no State court or court of the \ tion of Chinese , 1 prohibited. United States shall admit Chinese to citizenship ; and all laws in conflict with this act are hereby repealed. Section fifteen of said act is hereby amended so-tcs~~to read as follows: Ae »*g£to%j£}?< " Sec. 15. That the provisions of this act shall apply to generally— all subjects of China, and Chinese, whether subjects of —"laborers." China or any other foreign power; and the words Chi- nese laborers, wherever used in this act shall be con- / strued to mean both skilled and unskilled laborers and / Chinese employed in mining." ° /• V lues 10 for' ^ EC;- H>~That "any violation of any of the provisions of not otherwise this act, or of the act of which this is amendatory, the provided. 7 ... punishment of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punish- able by fine not exceeding one thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment, roceedhigsun- ^ec. 1 ^- That nothing contained in this act shall be der former act. construed to affect any prosecution or other proceeding criminal or civil, begun under the act of which this is amendatory; but such prosecution or other proceeding, criminal or civil, shall proceed as if this act had not been passed. Approved, July 5, 1884. ACT OF SEPTEMBER 13, 1888. (25 Stat., pp. 476-477.) AN ACT To prohibit the coming of Chinese laborers to the United States. laborers" 1 pro- ^ EC- 5p That ^ r0m an< * a ^ ter *^ e P assa g e ©f this act, no\ hibited— Chinese laborer in the United States shall be permitted, after having left, to return thereto, except under the con- ditions stated in the following sections. "Amended by act of November 3, 1893. ACT OF 1888. 15 Sec. 6. That no Chinese laborer within the purview of Returriof ia- ,i t , -_ , . r , borers prohib- the preceding section shall be permitted to return to the ited— -United States unless he has a lawful wife, child, or par- ^ ce Sft° a %; ent in the United States, or property therein of the value ^ T f} client of one thousand dollars, or debts of like amount due him ^ e ° pe f n y a °£ and pending settlement. "i™ °* ™ lue _ . of $1,000 here ; The marriage to such wife must have taken place at —time of mar- least a year prior to the application of the laborer for a " age ' permit to return to the United States, and must have been followed by the continuous cohabitation of the par- ties as man and wife. If the right to return be claimed on the ground of. prop- —property* and ~ . ° i- r- choses in ac- erty or of debts, it must appear that the property is bona {j 10 " ™st be fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and Unsettled, and not promissory notes or other similar acknowledg- — &™ mi ; s n s s ° m y ments of ascertained liability. eient - Sec. 7. That a Chinese person claiming the right to be / d * " t'u r n'in" permitted to leave the United States and return thereto on laborer, any of the grounds stated in the foregoing section, shall apply to the Chinese inspector in charge of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said inspector a full statement descriptive of his fam- ily, or property, or debts, as the case may be, and shall furnish to said inspector such proofs of the facts entitling him to return as shall be required by the rules and regula- tions prescribed from time to time by the Secretary of Commerce and Labor, and for any false swearing in rela- tion thereto he shall incur the penalties of perjury. He shall also permit the Chinese inspector in charge to take a full description of his person, which description the collector shall retain and mark with a number. And if the said inspector, after hearing the proofs and re j]f i y„^ cate of investigating all the circumstances of the case, shall de- cide to issue a certificate of return, he shall at such time and place as he may designate, sign and give to the person applying a certificate containing the number of the de- scription last aforesaid, which shall be the sole evidence— t° enc b e e "J^ given to such person of his right to return. turn^ ht *° re ~ If this last-named certificate be transferred, it shall be — not to be come void, and the person to whom it was given shall for- feit his right to return to the United States. 16 ACT OF 1888. certificate of The right to return under the said certificate shall be return — => —| imitation limited to one year; but it may be extended for an addi- — extension in tional period, not to exceed a year, in cases where, by rea- abiiit ° r dis " son °^ sick 316138 or other cause of disability beyond his control, the holder thereof shall be rendered unable sooner to return, which facts shall be fully reported to and inves- tigated by the consular representative of the United States at the port or place from which such laborer departs for —certificate of the United States, and certified by such representative of sickness or dis- . ... . i li- ability ; the United States to the satisfaction of the Chinese in- spector in charge at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said representative to the master of the vessel on which he departs for the United States. tificfat? 11 inlis- ^^ n0 Chinese laborer shall be permitted to re-enter pensabie ; the United States without producing to the proper officer in charge at the port of such entry the return certificate admitted 1 'only herein required. A Chinese laborer possessing a certifi- which° rt ne £r d™ ca *- e un der this section shall be admitted to the United parted. States only at the port from which he departed therefrom, Chinese may a nd no Chinese person, except Chinese diplomatic or con- enter only at _ , . . , . certain ports, sular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Fran- cisco, Portland, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of Commerce and Labor. secretary of Sec. 8. That the Secretary of Commerce and Labor Labor to pre- shall be, and he hereby is, authorized and empowered to tions— make and prescribe, and from time to time to change and amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said article. —and form of And he is hereby further authorized and empowered to prescribe the form and substance' of certificates to be issued to Chinese laborers under and in pursuance of the provi- sions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issuing the —ana deposit same, and he may require the deposit, as a part of such of photographs. ' i » i record, of the photograph of the party to whom any such certificate shall be issued. ACT OF 1888. 17 Sec. 9. That the master of any vessel, who shall know- violation of ingly bring within the United States on such vessel, and of vessel— pen- land, or attempt to land, or permit to be landed any a ' ty ' Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion of the court. Sec. 10. That the foregoing section shall not applv to —exception— => => j. j. j vessel in dis- the case of any master whose vessel shall come within the tress or toucu- mg at port. jurisdiction of the United States in distress or under stress of weather, or touching at any port of the United States on its voyage to any foreign port or place. But Chinese laborers or persons on such vessel shall not be permitted to land, except in case of necessity, and must depart with the vessel on leaving port. Sec. 11. That any person who shall knowingly and cer tifl s cjfte— falsely alter or substitute any name for the name written penalty. in any certificate herein required, or forge such certifi- cate, or knowingly utter any forged or fraudulent cer- tificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars and imprisoned in a penitentiary for a term of not more than five years. Sec. 13. That any Chinese person, or person of Chinese Ch ^ese S uniaw- descent, found unlawfully in the United States, or its ^^_ Unite ^ Territories, may be arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, or commissioner of a United States court, or be- fore any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in the United States, such person shall be removed from the United States to the country —deportation ; whence he came. 19353—09 3 18 ACTS OF 1888 AND 1892. a r r e s t o f But any such Chinese person convicted before a com- Chinese unlaw- J r . . fuiiy in^united m issioner of a United States court may, within ten days —appeal ^ to f rom sucn conviction, appeal to the judge of the district trict court ; court for the district. —process for A certified copy of the judgment shall be the process upon which said removal shall be made, and it may be executed by the marshal of the district, or any officer hav- ing authority of a marshal under the provisions of this section. Punishment And in all such cases the person who brought or aided of person aid- ... . r , = ing jiniawfui in bringing such person into the United states shall be —liability for liable to the Government of the United States for all expenses of de- . . .... portation; necessary expenses incurred in such investigation and —authority of remoV al: and all peace officers of the several States and State officers. ■ » ■ Territories of the United States are hereby invested with the same authority in reference to carrying out the pro- visions of this act, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers. Exception, S EC . 14. That the preceding sections shall not apply to diplomatic and r o rr j consular offl- Chinese diplomatic or consular officers or their attendants, cers. r ' who shall be admitted to the United States under special instructions of the Department of Commerce and Labor, without production of other evidence than that of personal identity. Approved, September 13, 1888. ACT OF MAY 5, 1892. (27 Stat, p. 25.) - AN ACT To prohibit the coming of Chinese persons into the United States. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- Bxtension of bled, That all laws now in force prohibiting and regula- ciusion. ting the coming into this country of Chinese persons and persons of Chinese descent are hereby continued in force for a period of ten years from the passage of this act. tio?i- p ° r * a ' Sec. 2. That any Chinese person or person of Chinese descent, when convicted and adjudged under any of said laws to be not lawfully entitled to be or remain in the —to china ; United States, shall be removed from the United States to China, unless he or they shall make it appear to the ACT OF 1892. 19 justice, judge, or commissioner before whom he or they tl( °J_p ° r t a - are tried that he or they are subjects or citizens of some other country, in which case he or they shall be removed— to country from the United States to such country: Provided, That china' in any case where such other country of which such Chi- case of foreign nese person shall claim to be a citizen or subject shall de- mand any tax as a condition of the removal of such per- son to that country, he or she shall be removed to China. Sec. 3. That any Chinese person or person of Chinese ^Jof'on"^!- descent arrested under the provisions of this act or the nese - acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall estab- lish, by affirmative proof, to the satisfaction of such jus- tice, judge, or commissioner, his lawful right to remain in the United States. Sec. 4. That any such Chinese person or person of Chi- men ™ p f is ° n; nese descent convicted and adjudged to be not lawfully victe an( l ^ upon the hearing it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. —loss of cer- Should it appear that said Chinaman had procured a procurement of certificate which has been lost or destroyed, he shall be neu. detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer grant- ing it, and in such cases the cost of said arrest and trial shall be in the discretion of the court, of E efsons lt no I t And an y Chinese person, other than a Chinese laborer, laborers. having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge. Registration Sec. 6. [as amended bv section 1 of the act of Novem- of resident la- L •> borers— ber 3, 1893]. And it shall be the duty of all Chinese laborers within the limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts —penalty ; within six months after the passage of this act for a cer- tificate of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, or re- fuse to comply with the provisions of this act and the act to which this is an amendment, or who, after the expira- tion of said six months, shall be found within the juris- diction of the Uuited States without such certificate of residence, shall be deemed and adjudged to be unlawfully —arrest and within the United States, and may be arrested by any those not reg- United States customs official, collector of internal rev- enue or his deputies, United States marshal or his depu- ties, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this faUure B to reg- ^ s an amendment, unless he shall establish clearly to the ister ; satisfaction of said judge that by reason of accident, sick- ACT OF 1892. 21 ness, or other unavoidable cause he has been unable to , Registration . or resident la- procure his certificate, and to the satisfaction of said borers- United States judge, and by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety- two ; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a— loss of cer- certificate which has been lost or destroyed, he shall be procurement of detained and judgment suspended a reasonable time toiieu. enable him to procure a duplicate from the officer grant- ing it, and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person, other than a Chinese laborer, having a right to be f RegI ^jj^ 11 and remain in the United States, desiring such certificate g*|J than la " as evidence of such right, may apply for and receive the same without charge: and that no proceedings for a vio- Proceedings . P. '-. . r • ■, under former lation of the provisions or said section six or said act or act discontin- May fifth, eighteen hundred and ninety-two, as originally enacted, shall hereafter be instituted, and that all proceed- ings for said violation now pending are hereby discon- tinued : Provided. That no Chinese person heretofore convicted Felons— not ' r permitted to in any court of the States or Territories or of the United register ; States of a felony shall be permitted to register under the provisions of this act; but all such persons who are now__,j e p 0rtati()n subject to deportation for failure or refusal to comply of ' with the act to which this is an amendment shall be de- ported from the United States as in said act and in this act provided, upon any appropriate proceedings now pending or which may be hereafter instituted. Sec. 7. That immediatelv after the passage of this act, secretary of -r i ii Commerce and the Secretary of Commerce and Labor shall make such Labor to pre- . ~. . scribe rules rules and regulations as may be necessary tor- the efficient and forms. execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable col- lectors of internal revenue to issue the certificates re- quired hereby, and make such provisions that certificates may be procured in localities convenient to the appli- cants. Such certificates shall be issued without charge to tbe of Certiflca^tes applicant, and shall contain the name, age, local residence contents ; and occupation of the applicant, and such other descrip- 22 ACTS OF 1892 AND 1893- certificates of tion of the applicant as shall be prescribed by the Secre- tary of Commerce and Labor, and a .duplicate thereof shall be filed in the office of the collector of internal rev- enue for the district within which such Chinaman makes application, —forgery. g EC . 8. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely per- sonate any person named in such certificate, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars or im- prisoned in the penitentiary for a term of not more than five years. ***** Approved, May 5, 1892. ACT OF FEBRUARY 15, 1893. (27 Stat., pp. 449-452.) AN ACT Granting additional quarantine powers and imposing ad- ditional duties upon the Marine-Hospital Service. Measures to Sec. 7. That whenever it shall be shown to the satis- prevent intro- auction of in- faction of the President that by reason of the existence fectious and " contagious . r . fore whom cm- f or being f ound unlawfully within the United States, or nese shall be fe J ' . tried. having unlawfully entered the United States, to desig- nate the United States commissioner within such district before whom such Chinese person shall be taken for a hearing, umted states Sec. 2. That a United States commissioner shall be en- commissioners fees. titled to receive a fee of five dollars for hearing and de- ciding a case arising under the Chinese-exclusion laws. By whom g EC> 3_ That no warrant of arrest for violations of the complaint against cw- Chinese-exclusion laws shall be issued by the United States nese may be •> made. commissioners excepting upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector, deputy collector, or inspector of customs, immigration inspector, United States mar- shal, or deputy United States marshal, or Chinese in- spector, unless the issuing of such warrant of arrest shall first be approved or requested in writing by the. United States district attorney of the district in which issued. Sec. 4. That this act shall take effect immediately. Approved, March 3, 1901. ACT OE APRIL 29, 1902. (32 Stat., part 1, p. 176.) AN ACT To prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent. ea*wl tTcfu't Section 1 [as amended and reenacted by section 5 of limitation. the deficiency act of April 27, 1904, 33 Stat., pp. 394-428]. ACT OP 1902. 27 All laws in force on the twenty-ninth day of April, nine- teen hundred and two, regulating, suspending, or prohib- iting the coming of Chinese persons or persons of Chinese descent into the United States, and the residence of such persons therein, including sections five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of the Act entitled "An Act to prohibit the coming of Chinese laborers into the United States," approved September thirteenth, eight- een hundred and eighty-eight, be, and the same are hereby, reenacted, extended, and continued, without modification, limitation, or condition ; and said laws shall also apply to the island territory under the jurisdiction of the United States, and prohibit the immigration of Chinese laborers, not citizens of the United States, from such island terri- tory to the mainland territory of the United States, whether in such island territory at the time of cession or not, and from one portion of the island territory of the United States to another portion of said island territory : Provided, however, That said laws shall not apply to the ml 5.ea ns jn p fnl transit of Chinese laborers from one island to another ™'^ posses- island of the same group; and any islands within the jurisdiction of any State or the district of Alaska shall be considered a part of the mainland under this section. Sec. 2. That the Secretary of Commerce and Labor is Co ^ e ™ e e r t c Y y a ^a hereby authorized and empowered to make and prescribe, ^°r '° u f ^ and from time to time to change, such rules and regula-and Regula- tions not inconsistent with the laws of the land as heP° ln t agents, may deem necessary and proper to execute the provisions of this Act and of the Acts hereby extended and con- tinued and of the treaty of December eighth, eighteen hundred and ninety-four, between the United States and China, and with the approval of the President to ap- point such agents as he may deem necessary for the effi- cient execution of said treaty and said Acts. Sec. 3. That nothing in the provisions of this Act or Exhibitions, D , . , admission of any other Act shall be construed to prevent, hinder, or Chinese to take J . , ., . , , . ■ , ■ Part in. restrict any foreign exhibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of any foreign nation, of any concession or privilege from any fair or exposition authorized by Act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, na- tives of their respective foreign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits" 28 ACTS OF 1902 AND 1903. or of preparing for installing or conducting any business authorized or permitted under or by virtue of or pertain- ing to any concession or privilege which may have been or may be granted by any said fair or exposition in con- nection with such exposition, under such rules and regu- lations as the Secretary of Commerce and Labor may prescribe, both as to the admission and return of such person or persons. Sec. 4. That it shall be the duty of every Chinese la- borer, other than a citizen, rightfully in, and entitled to remain in any of the insular territory of the United States (Hawaii excepted) at the time of the passage of this Act, to obtain within one year thereafter a certifi- cate of residence in the insular territory wherein he re- sides, which certificate shall entitle him to residence therein, and upon failure to obtain such certificate as herein provided he shall be deported from such insular iands li re >1 is e tra- territory ; and the Philippine Commission is authorized tion of Chinese an( j required to make all regulations and provisions nec- essary for the enforcement of this section in the Philip- pine Islands, including the form and substance of the cer- tificate of residence so that the same shall clearly and sufficiently identify the holder thereof and enable officials to prevent fraud in the transfer of the same: Provided, however, That if said Philippine Commission shall find that it is impossible to complete the registration herein provided for within one year from the passage of this Act, said Commission is hereby authorized and empow- ered to extend the time for such registration for a further period not exceeding one year. Approved, April 29, 1902. ACT OF FEBRUARY 14, 1903. (32 Stat., p. 825.) AN ACT To establish the Department of Commerce and Labor. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- vetQurtmentbled, That there shall be at the seat of government an of Commerce . ' , *L and Labor— executive department to be known as the Department of —creation of ; Commerce and Labor, and a Secretary of Commerce and Labor, who shall be the head thereof ; * * * and sec- • tion one hundred and fifty-eight of the Revised Statutes ACT 05 1903. 29 is hereby amended to include such Department, and the , Department ■• r ,-,t n » , „ °" Commerce provisions of title four of the Kevised Statutes, including and Labor- all amendments thereto, are hereby made applicable to said Department. The said Secretary shall cause a seal of office to be made for the said Department of such device as the President shall approve, and judicial notice shall be taken of the said seal. Sec. 2. * * *, and the Auditor for the State and Z^SSS^ot- other Departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Sec- retary of Commerce and Labor, and of all bureaus and offices under his direction, all accounts relating to * * * immigration * * * and to all ether business within the jurisdiction of the Department of Commerce and Labor, and certify the balances arising thereon to the Division of Bookkeeping and "Warrants and send forth- with a copy of each certificate to the Secretary of Com- merce and Labor. Sec. 4. That the following-named offices, bureaus, di-i^re"'"^- visions, and branches of the public service, now and here- m te ration .. and 5 * ' immigra 1 1 o n tofore under the jurisdiction of the Department of service to. the Treasury, and all that pertains to the same, known as * * * the Commissioner-General of Immigration, the commissioners of immigration, the Bureau of Immi- gration, the immigration service at large, * * * be, and the same hereby are, transferred from the Depart- ment of the Treasury to the Department of Commerce and Labor, and the same shall hereafter remain under the jurisdiction and supervision of the last-named Depart- ment; * * * Sec. 7. That the jurisdiction, supervision and control now possessed and exercised by the Department of the Treasury over the * * * immigration of aliens into the United States, its waters, territories and any place subject to the jurisdiction thereof, are hereby transferred and vested in the Department of Commerce and Labor : Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act entitled "An Act to regulate < immigration," approved August third, eighteen hundred and eighty-two. That Co ^£g™\ °J the authority, power and jurisdiction now possessed and £, a r b c ° r * ° ^ exercised by the Secretary of the Treasury by virtue of exclusion laws - any law in relation to the exclusion from and the residence 30 ACTS OF 1903 AND 1905. secretary of w ithin the United States, its territories and the District Commerce and ' Labor to en- of Columbia, of Chinese and persons of Chinese descent, force Chinese ' . r ' exclusion laws, are hereby transferred to and conferred upon the secre- tary of Commerce and Labor, and the authority, power and jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the collectors of internal revenue, are hereby conferred upon and vested in such officers under the control of the Commissioner- General of Immigration, as the Secretary of Commerce and Labor may designate therefor. Sec. 13. That this Act shall take effect and be in force from and after its passage : Provided, however, That the provisions of this Act other than those of section twelve in relation to the transfer of any existing office, bureau, division, officer or other branch of the public service or authority now conferred thereon, to the Department of Commerce and Labor shall take effect and be in force on the first day of July, nineteen hundred and three, and not before. Approved, February 14, 1903. ACT OF FEBRUARY 6, 1905. (33 Stat., pp. 689-692.) AN ACT To amend an Act approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the admin- istration of the affairs of civil government in the Philippine Islands, and for other purposes," and to amend an Act approved March eighth, nineteen hundred and two, entitled "An Act tem- porarily to provide revenue for the Philippine Islands, and for other purposes," and to amend an Act approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system 'in the Philippine Islands," and to provide for the more efficient admin- istration of civil government in the Philippine Islands, and for other purposes. * * * * # , Philippine is- Sec. 6. That the immigration laws of the United States lands, adminis- . . .... tration of im- m force m the Philippine Islands shall be administered migration laws „ ^^ in- by the oincers or the general government thereof desig- nated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands shall not be ACTS OP 1905. 31 covered into the general fund of the Treasury of the United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands. ***** Approved, February 6, 1905. ACT OF MARCH 3, 1905. (33 Stat, pp. 1214-1244.) The "Act making appropriations to supply deficiencies in the appropriations for the. fiscal year ending June 30, 1905, and for prior years, and for other purposes," approved March 3, 1905, under the head, " Department of Commerce and Labor," provides as follows : " Provided, That the necessary expenses incident to the ^ Aliens ae- ' iiiii i' tamed as wit- detention or aliens ordered deported, whose attendance as n esses, pay- ID 6 D t OI 6X~ witnesses is required in behalf of the United States in penses of. prosecutions arising under the immigration laws, may be paid from the permanent appropriation for ' Expenses of Kegulating Immigration.' " (Supplementing section 19, Immigration Act of March 3, 1903.) EXECUTIVE ORDER OF THE GOVERNOR OF THE PHILIPPINE ISLANDS. Government or the Philippine Islands, Executive Bureau, Manila, P. I., September 23, 1904. Executive Order 1 No. 38. } Philippine is- Whereas the Department of Commerce and Labor of lan ds — execu- * uve order of the United States has, under date of July twenty-seventh, governor of ; ' . nineteen hundred and three, issued a certain rule to regu- late the admission of Chinese persons from the Philippine Islands into the mainland territory of the United States and into the insular possessions of the United States other than the Philippine Islands, which said rule is as follows : " Rule 61. [Since the issuance of this order this rule has been amended; reference should therefore be had to Rule 38, p. 51.] In view of the provisions of section 1 of the act approved April 29, 1902, it will be necessary for Chinese persons of the classes mentioned in article 3 of the convention of December 8, 1894, who are resi- dent in [citizens of] the insular territory of the United States, to comply with the terms of section 6 of the act approved July 5, 1884, and for this purpose the permis- sion of such persons to go from one insular territory to another insular territory of the United States, or from such insular territory to the mainland territory of the United States, shall be granted by an officer designated for that purpose by the chief executives of said insular territories, respectively, and the duties imposed by section 6 of the act approved July 5, 1884, upon United States diplomatic and consular officers in foreign countries in relation to Chinese persons of the said classes shall be dis- charged by the chief officers in charge of the enforcement of the Chinese exclusion acts at the ports, respectively, 32 PHILIPPINE EXECUTIVE OEDEB. 33 from which any members of such excepted classes intend Isl an d i— ppine to depart from any insular territory of the United States." And whereas it is the desire of the government of the~ ^suiation* Philippine Islands to afford to such eligible Chinese per- a^""^^™™ sons, residents of these islands, as desire to depart out of l °<. of Chinese- 7 ' ■ r ofexempt the same for other parts or possessions of the United classes - States, the privilege so to do and to give evidence of such permission and of the status of each person so permitted in the manner now required by law in the case of Chinese persons departing out of a foreign country as nearly as may be : Now, therefore, W. Morgan Shuster, collector of customs for the Phil- ippine Islands, is hereby designated" to grant such permis- sion in the name of the government of the Philippine Islands, to all such Chinese persons as shall have duly established to his satisfaction their eligibility under the law to enter the mainland territory of the United States, or any other of its insular possessions. This permission and the prima facie establishment of the facts showing eligibility, shall be evidenced by a cer- tificate signed and approved by him in analogy to the certificate required by section six of the act of Congress of July fifth, eighteen hundred and eighty-four, and referred to in rule sixty-one above quoted. It is further ordered that in the case of Chinese persons coming from the other insular possessions of the United States to the Philippine Islands, bearing certificates is- sued in pursuance of said rule sixty-one above mentioned, they shall be accorded at the ports of the Philippine Islands, the same rights of entry as they would have did they come possessed of similar certificates issued by a foreign government. Luke E. Weight, Civil Governor. 19353—09 5 REGULATIONS GOVERNING THE ADMISSION OF CHINESE. (Approved February 26, 1907.) Admissible Etjle 1. Under the provisions of the treaty and laws plfisspfl — *— list of; in relation to the exclusion of Chinese persons, only those who are teachers, students, travelers for curiosity or pleasure, merchants and their lawful wives and minor children, officials of the Chinese Government together with their body and household servants, Chinese persons registered under the laws of the United States, seamen, as provided in Rule 32 ; those seeking in good faith to pass through the country to foreign territory, as provided in Rules 33 and 37 ; and persons whose physical condition ne- cessitates immediate hospital treatment, shall be permitted to land under said laws at any port of the United States. ~ ec? ii y * e°x e Rule 2. Only those Chinese persons who are expressly empted admis- declared, by the treaty and laws relating to the exclusion of Chinese to be admissible shall be allowed to enter the United States, and those only upon compliance with the requirements of said treaty and laws and of regulations iaws X n'o U t si ap° issued thereunder. (22 Op. At. Gen., 132.) If the Chi- sons b o? Ameri- nese Person has been born in the United States, of can birth. parents who at the time of his birth have a permanent domicile and residence in the United States, neither the immigration acts nor the Chinese exclusion acts prohibit- ing persons of the Chinese race, and especially Chinese laborerSj from coming into the United States apply to such person. (169 U. S., 653-705.) immigration Rule 3. Chinese aliens shall be examined as to their laws apply to , Chinese. right to admission to the United States uritler the pro- visions of the law regulating immigration as well as under the laws relating to the exclusion of Chinese. (24 Op. At. Gen., 706 ; 164 Fed., 506 ; 170 Fed., 566.) As the im- migration act relates to aliens in general, the status of Chinese applying for admission must first be determined in accordance with the terms of that law and of the regu- lations drawn in pursuance thereof ; then, if found admis- sible under such law and regulations, their status under the Chinese-exclusion laws and regulations shall be de- 34 REGULATIONS GOVERNING ADMISSION OF CHINESE. 35 termined. In order to avoid inconvenience, delay, or annoyance to Chinese applicants arising through misun- derstanding, and in the interest of good administration, examination under both sets of laws and regulations shall be made, in the order stated, only at the ports named in Eule 4 hereof. Rule 4. No Chinese person, other than a Chinese dip- Ports of en- . trv list of lomatic or consular officer and attendants, shall be per- mitted to enter the United States except at the ports of San Francisco, Cal.; Portland, Oreg.; Boston, Mass.; New York, N. Y.; New Orleans, La.; Port Townsend, Wash. ; Seattle, Wash. ; Honolulu, Hawaii ; San Juan and Ponce, P. R. ; San Diego, Cal. ; Tampa, Fla. ; Richf ord, Vt. ; Malone, N. Y. ; and Portal, N. Dak. Chinese arriv- ing trans-Pacific destined to the three last-mentioned ports shall be examined under the immigration and Chi- nese exclusion laws at Vancouver, B. C, and if found admissible shall be furnished with a certificate entitling them to enter the United States at one of the border ports mentioned. Rule 5. Immediately upon the arrival of Chinese per- Examination sons at any port mentioned in Rule 4 it shall be the duty f ° r a d m i s - of the officer in charge of the administration of the Chi- nese exclusion laws to have said Chinese persons ex- — *° beprompt ; amined promptly, as by law provided, touching their right to admission ; and to permit to land those proving such right: Provided, That nothing contained in these regulations shall be construed to authorize the boarding of vessels of foreign navies arriving at ports of the United States for the purpose of enforcing the provisions of the Chinese exclusion laws. Rule 6. The examination prescribed in Rule 5 shall be —to be sepa- separate and apart from the public, in the presence of from the pub- Government officials and such other witnesses only as the examining; officer shall designate; and all witnesses pre- —witnesses to sentmg themselves on behalf or any Chinese applicant shall be fully heard. If upon the conclusion of the hear-— appeal, re- . . . . . .. jected appli- ing the Chinese applicant is adjudged to be inadmissible, cants to be no- he shall be advised of his right to appeal by a notice to- written or printed in the Chinese language, and his coun- sel shall be permitted, after notice of appeal has been duly filed, to examine and make copies of the evidence upon which the excluding decision is based. If there is a consular officer of China at port where examination is held, he also shall be notified in writing that the said 36 REGULATIONS GOVERNING ADMISSION OF CHUN JSS.E. Chinese applicant has been refused a landing, and shall be permitted to examine the record. Chinese not Rule 7. Every Chinese person permitted to land from considered J . . ^ \ ■ i , » landed untii a vessel for examination at some designated port, or tor lawfully land- . . . ° . Jt ' . .. ed- immediate hospital treatment as provided in Rule 1, shall be considered as still on shipboard until finally and law- fully landed, so far as relates to his admission to the United States and so far as relates to the responsibility of the master, agent, or owner of such vessel for his safe- guarding, maintenance, and hospital expenses, steamships Rule 8. The master, agent, or owner of any vessel or to give notice . . ; of sailings. other means of transportation by which Chinese persons are brought to any port of entry named in Rule 4 shall, at least twenty-four hours before the intended time of the sailing of said vessel or the departure of other vehicle of transportation, notify the chief officer in charge of the administration of the Chinese exclusion laws at said port of such sailing or departure, in order that the said officer may cause to be placed on board every Chinese person whose application for permission to land has been finally denied. Deportation Rule 9. Every Chinese person refused admission to the of rejected ap- , . piicants toXJnited States, being actually or constructively on the ves- country ° J J whence they c e l or other conveyance by Which he was brought to a port of entry, must be returned to the country whence he came, at the expense of the transportation agency owning such vessel or conveyance, lecofds^andre- R TJLE 10- In keeping statistical records and furnishing p° rts - statistical reports to the Bureau of Immigration and Naturalization, officers in charge at ports of entry for Chinese shall be governed by the Statistical Rules pub- lished in the pamphlet " Immigration Laws and Regula- tions." an C d er el?d C e a ncI Rule H. All certificates, or other evidence, offered by at port! k of en- Chinese persons to establish their right of admission to "y— the United States, other than registration certificates, shall be retained by the officers in charge of the adminis- tration of the Chinese exclusion laws at ports of entry: —exception. Provided, however, That if the officer in charge shall have good reason to believe that any person presenting a regis- tration certificate is not the person to whom said certifi- cate was issued, he shall take it up and forward the same to the Commissioner-General of Immigration at Wash- ington, together with a statement of his reasons for so doing. ' • " REGULATIONS GOVERNING ADMISSION OF CHINESE. 37 Rule 12. Every Chinese person refused admission tw ^R,P ea s Is — under the provisions of the exclusion laws by the decision j^notice'o/ 1 - 1 " of the officer in charge at the port of entry may take an appeal to the Secretary of Commerce and Labor by giving written notice thereof to the officer in charge within two days, exclusive of Sundays and legal holidays, after such decision is rendered. Rule 13. Notice of appeal provided for in Rule 12 i^ r §e°forwardl shall act as a stay upon the disposal of the Chinese person diy" ; itll ' a five whose case is thereby affected until a final decision is rendered by the Secretary of Commerce and Labor ; and, within five days after the excluding decision is rendered, unless further delay is required to investigate and report upon new evidence, the complete record of the case, together with such briefs, affidavits, and statements as are to be considered in connection therewith, shall be for- warded to the Secretary of Commerce and Labor by the officer in charge at the port of arrival, accompanied by his views thereon in writing. If, on appeal, evidence in addition to that brought out at the hearing is submitted, it shall be made the subject of prompt investigation by the officer in charge and be accompanied by his report. Rule 14. Additional time for the preparation of cases ^aa f iM on a_i will be allowed only when, in the judgment of the officer fecting. in charge, a literal compliance with Rule 13 would oc- casion injustice to the appellant or the risk of defeat of the purposes of the law. The reasons for the extension of time shall in every instance be stated in writing and forwarded with the appeal." Rule 15. The return certificate, provided by section 7 tmrates 11 — ce to of the act of September 13, 1888, shall be issued only to whom issued; such Chinese persons as have been duly registered under the provisions of the act of May 5, 1892, or the act of November 3, 1893, and present a certificate issued there- under, or such as have established before a court of com- petent jurisdiction the lawfulness of their residence in the United States and present a certified copy of the court's decision. (See Department Decision No. 109, July 31, 1906.) Rule 16. Administrative officers are hereby required, ^/J^ °£ in accordance with section 7 of the act of September 13, issued : 1888, to exact of every registered Chinese laborer apply- ing for a return certificate, not merely a statement of the ground or grounds on which such laborer claims a right thereto, but also proofs of the existence of such ground a For manner of insuring payment of expenses incident to addi- tional delays, see Rule 7 of Immigration Regulations. 38 REGULATIONS GOVERNING ADMlSSiUJN UJ<' u±l±i\ nan. tm^ates— cer " or g roun d s 5 either in the form of oral or of written testi- mony in detail by not less than two credible witnesses, who shall satisfy such officers that they have had oppor- tunity to know the circumstances to which they testify. Until such proof is supplied, the investigation prelimi- nary to granting or refusing the return certificate sought shall not be made. —investigation Rule 17. A Chinese laborer claiming the right to be incident to is- -i i sue of; permitted to leave the United States and return thereto, under the terms of Eule 15, shall apply in person to the immigration officer whose official station is most conven- iently reached from his place of residence, at least a month prior to the time of his intended departure ; shall deposit with said officer a certificate of registration, or a certified copy of a decision of a court of competent juris- diction showing that he is lawfully resident in the United States, and shall make on oath before the officer in writ- ing a full statement descriptive of his family or property or debts, as the case may be, and fully describing himself, giving his age, name, local residence, occupation, color of eyes and complexion, and distinguishing marks, if any, and naming the port from which he expects to depart from the United States, which shall be one of those desig- nated in Rule 4. Such written description- shall be filed in duplicate, and to each shall be permanently attached a photograph of the Chinese person referred to therein. The officer with whom such certificate or certified copy of court record and written description are filed will make a thorough examination as to the accuracy of the descrip- tive statement, whether the photograph accompanying the latter for the purpose of identification is that of the person described in such certificate or certified copy of court record and statement, and whether his height and descriptive physical marks are accurately given, and will then write his official signature in part across such photo- graph and in part upon the adjoining portion of the writ- ten descriptive statement, to prevent substitution. The said officer will also transmit the certificate of registra- tion to the Commissioner-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 par- ticulars, or the certified copy of court record to the clerk of the court by whom issued for verification. At the same time the said officer will, in person, or through an immigrant or Chinese inspector, make thorough investi- REGULATIONS GOVERNING ADMISSION OP CHINESE. 39 gation as to the facts stated by the applicant. As soon tIfl ^^_ cev " as practicable thereafter the said officer will transmit the certificate or certified copy of court record, one copy of the sworn statement, and the reports of investigation to the officer in charge at the port from which such Chinese laborer intends to depart from the United States, and at the same time will transmit to said Chinese laborer the duplicate copy of the sworn statement, with instructions to present the same in person to the officer in charge at the port of departure. Upon the receipt of such certifi- cate or certified copy of court record, the duplicate copy of said sworn statement, and the reports of investigation, the officer in charge, or his deputy at said port of de- parture, after one month from the date of filing of the original application with the officer who investigated the case (or sooner if it is evident that the intent of the law — a thorough investigation of the case — has been met) , if he finds that the person presenting such duplicate statement is the Chinese person therein described and is entitled thereto, may sign and give to such person on his depar- ture from said port a certificate containing the number of the description referred to, in the following form : NO. . UNITED STATES OF AMERICA. — form of '< Certificate issued to Chinese laborer departing from the United States with the intention of returning thereto. This is to certify that , a Chinese laborer, de- scribed in identification paper numbered , port of . departed from this port for . on this day of , 190-, with the avowed intention of returning to the United States via this port within twelve months from said date. Given under my hand and seal this day of , 190—, at , State of . [SEAL.] Officer in Charge, Port of , District of If the last-named certificate be transferred, it shall be- — void if trans- , f erred ; come void, and the person to whom it was given by the officer in charge shall forfeit his right to return to the United States. The certified description shall be carefully preserved by ^^"t 81 ^ " the officer in charge at the port of exit as a means of cerning. identification of the Chinese person therein mentioned, who must return via the port of departure within one year from the date of his leaving the United States, un- less prevented by sickness or other disability beyond his control. 40 REGULATIONS GOVERNING ADMISSION OF CHINESE. The officer who conducts the above-mentioned investi- gation will furnish the officer in charge of the district in which the Chinese laborer resides with a copy of the report forwarded by him to the officer in charge at the port of departure. Laborers— Rule 18. Every departing Chinese laborer who has departing, to . .„ iji be advised that been furnished with a return certificate under the pro- conditions must remain v isi ons f section 7 of the act approved September Id, unchanged to . i _e i tificate is granted that upon his return to the port 01 de- parture, as a prerequisite to admission, there must exist one of the grounds recited in section 6 of said act to enti- tle him to admission after a temporary absence from the United States. Officers of the Department of Commerce and Labor must be certain that every departing Chinese laborer fully understands the law in this particular, —ad interim Rule 19. The officer issuing a return certificate to a de- investigation . r „ . . « of status of ; parting laborer shall at the time or such issuance furnish said laborer with the following notice (properly filled out) and attached form of letter for his use in sending information of his intended return : Office of . Poet of (Date) , 19- — letters used Sir: In accordance with Rule 19 of regulations issued by the interim kll inves- Secretary of Commerce and Labor, you are hereby informed that, tigation ; m or( jer to avoid the risk of a possibly fruitless voyage, you should, at least ninety days and not exceeding four months prior to your intended return to this port, notify the undersigned officer of the approximate date of such return, giving your name and foreign address on the subjoined blank form, and stating the ground or grounds on which you claim the right to admission to the United States, as well as the occasion of your delay, if there has been such delay, in returning beyond one year from the time of your departure. An investigation of your case will, on receipt of such notification, be promptly made and you will be formally advised of the result thereof by a letter sent to the foreign address given. Respectfully, (Name of officer) , (Title of officer) . (Address) (Date) , 19—. Officer in Charge Enforcement Chinese Exclusion Laws, Port of . Sir: In compliance with the above notification, delivered to me prior to my departure from the United States, you are informed REGULATIONS GOVEBNING ADMISSION OF CHINESE. 41 that I Intend to return thereto through your port, per steamship Laborers— , on or about , 19 — . I was granted return certificate No. , dated , 19—, and departed from your port per steamship on , 19—. I claim the right of admission because I have in the United States (either) : A father, named , or mother, named , residing at ; a child (or children), named . A lawful wife, named , residing at , to whom I was married on the day of , and with whom I have continuously cohabited since the said marriage. The following property of the clear, unincumbered value of The following bona fide debts due me and pending settlement, and not evidenced by promissory notes or other similar acknowl- edgments of ascertained liability, and not colorably acquired for the purpose of evading the law : Due from , $ . Due from . $ . Address of debtors, . I respectfully request that my claims be preinvestigated and that I may be notified at the above address before , 19 — , whether I will be permitted to reenter the United States. I was delayed days months beyond the year after my departure by , and will submit the evidence thereof re-. quired by the law and regulations. Respectfully, (Name) . At the same time there should be delivered to the de-— fo , rm and ™ ■ t^ it envelope to be parting Chinese laborer a copy ot Department Form No. delivered to de- 423, " Instructions, in Chinese, to return notices issued under Eules 19 and 28," and an envelope addressed to the officer in charge at the port of departure for use by the Chinese laborer when forwarding the above-mentioned notice of intention to return. Rule 20. The officer in charge at the port of departure . Return eer- shall send a copy of the certified description, with photo- position of i j- 1 1 2 1 • n , , i i n i duplicates and graph oi the person therein named attached, and also one stubs of ; of the stubs hereinafter mentioned, to the Commissioner- General of Immigration; said stub and said copy of the certified description shall be filed together. Certificates as above described, with a serial number attached, will be issued to officers in charge at ports from which Chinese depart upon application therefor to the Commissioner-General of Immigration. In all instances officers in charge will fill out the blanks on the stubs of the certificates. Officers in charge will submit to the Commissioner-General of Immigration weekly reports of Chinese persons departing from and returning to their 42 REGULATIONS GOVEKNING ADMISSION OF CHINESE. tifl E ltes— eer " respective ports, debiting themselves with the number of certificates received from the Department, crediting them- selves with the number used, and reporting the number —to be can- remaining on hand. The officers in charge shall cancel all return certificates presented on admission of returning Chinese and forward said certificates so canceled to the Commissioner-General of Immigration. retort °of* r ^ RlDM: 21 - Jt sna11 be tne dut y of tne officer in charge turninf ; and ™ a * * ne P or * °^ entry to register and make a record of each Chinese laborer arriving at or departing from said port, which record shall show the individual, family, and tribal name in full ; age ; occupation, when and where followed ; last place of residence; physical marks or peculiarities, and a full description of his person, together with such other pertinent information as may assist in the identi- fication or investigation of such person in case of his re- turning to the United States. A duplicate of the record of such registry shall be transmitted to the Commis- sioner-General of Immigration for every vessel or rail- way train transporting Chinese laborers to the United States. — readmission Rule 22. Upon the arrival of any returning Chinese of, upon return - „ . ° certificates ; laborer at a port of the United States designated in Rule 4, he shall exhibit his return certificate to the officer in charge of the enforcement of the Chinese exclusion laws at said port, and if the evidence already secured in such a case establishes the right of such returning Chinese laborer to admission, and is not controverted, he shall at once be admitted, but otherwise he shall be refused ad- mission until he establishes his right thereto. 7e r g ut U ratio°n RuLE 23, If a burning Chinese laborer is admitted, upon^readmis^ his certificate of residence or certified copy of court rec- sion. ord, which must have been left with the officer who granted him a return certificate, shall be returned to him and the said return certificate be taken up. After indors- ing upon such return certificate his action in the case and the date thereof, the officer in charge shall forward it to the Commissioner-General of Immigration, accompanied, if the Chinese applicant is denied admission, by said laborer's certificate of residence. tur L n a ing! er oye?: RuLE 24 - Whenever a Chinese laborer holding a return sSte^onsuiI? certificate is detained by his sickness or by other disabil- ity "egaraingi ^ be y° nd his control for a time in excess of one year after the date of his departure from the United States, the facts shall be fully reported to and investigated by REGULATIONS GOVERNING ADMISSION OP CHINESE. 43 the consular representative of the United States at the tn ^ orer * V CTl .port or place from which such laborer departs for the time- United States, and such consular representative shall certify, to the satisfaction of the officer in charge at the port of return, which must be the port from which such laborer departed, that he has fully investigated the state- ments of such laborer and believes that he was unavoid- ably detained for the time specified and for the reason stated, such certificate to be delivered by such consular —consular of- . fleer's certifi- representative to the master of the vessel on which the cate to be de- Chinese laborer departs for the United States and by the ter of vessel. master delivered to the officer in charge at the port of return. Rule 25. Every Chinese merchant resident within the „ Merchants, J domiciled — m- United States who desires to go abroad temporarily, to v tltu^ at 'r£r to avoid unnecessary delay in securing admission upon his departure ; return, may transmit to the officer in charge of the dis- trict wherein the mercantile establishment is located, not less than thirty days prior to the date on which he intends to depart, affidavits of two credible witnesses, other than Chinese, showing said merchant's actual ownership, in whole or in part, of an established mercantile business in this country, the amount of his interest therein, the nature of his personal employment in conducting said business, and that during the entire year antecedent to the date of such affidavits he engaged in no manual labor except such as was necessarily incident to the conduct of said business. It shall be the duty of said officer in charge to make a thorough investigation of the statements con- tained in the affidavits and, on completion thereof, for- ward the report of such investigation, together with his views thereon, to the officer in charge at the intended port of departure from the United States. If the last-men-— in t d £ r t s u e f e $; tioned officer is satisfied of the truth of the statements con- upon papers; ' tained in the above-mentioned affidavits, he may indorse thereon over his signature his finding to that effect, coupled with a statement that the said Chinese merchant will, on his return to. the port of departure, and proper identification, be permitted to enter the United States, . unless some of said statements should subsequently be shown to be false: Provided, however, That said merchant— ^ at us^of, still retains, unchanged, the mercantile interest owned by f n n s c u ^ ns r e f a a °. him at the time of his departure. mission ; Rule 26. Every Chinese merchant resident within the ^istts f to con- United States, who desires to make a visit to contiguous territory. 44 REGULATIONS GOVERNING ADMISSION OP CHINESE. foreign territory, may do so by complying with the pro- visions of Rule 25, except that the affidavits mentioned . therein need not be transmitted to the officer in charge thirty days prior to the date on which he intends to depart. Merchants, i n cases where his mercantile status has been prima domiciled, re- r turning— facie determined, either before or after his departure, and he applies for readmission to the United States within four months from the date of departure, he may make application for admission on identification, with- out further investigation. tua r r 00f ui°red* a " ^ TTLE 27. Chinese persons applying for admission upon the ground of having been domiciled in the United States as merchants shall be required to establish, to a reason- able certainty, that they are actually owners of the busi- ness claimed or members of the firm owning such busi- ness, with proof of the amounts actually paid for their respective interests, the times at which such payments were made, and, if residents of the United States dur- ing the period of registration, whether they failed to reg- ister, and, if so, the reason therefor. investigation Rule 28. As an additional means of securing prompt of status of ; ac ti on upon the case" of every Chinese person seeking admission as a returning merchant, as well as to save him the risk of a possible fruitless voyage, the officer shall, at the time of departure of every such Chinese person, whose case has not already been investigated under Eule 25, furnish him with the following notice (properly filled out) and attached form of letter for his use in sending notification of his intended return: Office of , Pobt OF (Date) , 19—. ta le making US ad SlE: In accordance witn R ule 28 of the Regulations of the De- lnterim inves- partment of Commerce and Labor for the enforcement of Chinese tlgatlon. Exclusion Laws, you are hereby notified that, in order to avoid as far as possible the risk of making an unnecessary trip which would result from a failure to establish your right to admission, you should, at least ninety days and not exceeding four months prior to your intended arrival at this port, notify the undersigned officer of your intention to return, the approximate date thereof giving your name and foreign address, and a statement of your claims to the right of admission, on the subjoined blank. You may now, or within the time above mentioned, submit the evi- dence required by law to establish your mercantile status. The said claims will, on receipt of such notice, be promptly investi- gated and a formal notification of the result of such investigation REGULATIONS GOVERNING ADMISSION OF CHINESE. 45 will be sent to you at the address given. This decision is not „ Merchants, „ , , domiciled — nnal, and you are not precluded, if such result is adverse, from obtaining upon your arrival at a port of the United States a fur- ther investigation of your claims. Respectfully, (Name of officer) . (Title of officer) (Address) (Date) ,19- Officbr in Chabge Enforcement Chinese Exctjsion Laws, Port of Sib : In compliance with the above notification, delivered to me prior to my departure from the United States, you are informed that I intend to return thereto, through your port, per • on or about . 19 — . I departed, from the United States on the steamship . which sailed from your port on , 19 — . I have filed with you the evidence required by law to support my claim of right to readmission. I am a merchant and member (or proprietor) of the store (or firm) of , at , in which my interest was, and still remains, $ . I respectfully request that my claim be preinvestigated, and that I may be notified before , 19 — . at the above ad- dress, whether. I will be permitted to reenter the United States, and, if so, upon what condition. Respectfully, (Name) . Upon the receipt of such notification, the officer in charge shall make, or cause to be made, a thorough in- vestigation of the claim therein advanced and send due notice of his conclusions in regard thereto to the appli- cant, who, upon arrival, shall establish his identity with the sender of the notification and submit such additional evidence as may be necessary to prove his right to ad- mission. If the evidence previously secured shall estab- lish the right of such applicant to admission, and is not controverted, he shall be admitted without delay, but otherwise he shall be refused admission until he shall establish his right thereto. When delivering to the departing merchant the notice —form and en- -, M-in iit velope to be and attached form of letter above described, he should fl e »^ e ^ epa ° t ; also be furnished with a copy of Department Form No. ing ; 423, "Instructions, in Chinese, to return notices issued under Rules 19 and 28," and with an envelope addressed to the officer in charge at the port of departure for use by the merchant when forwarding the notice of intention to return. 46 REGULATIONS GOVERNING ADMISSION OP CHINESE. domiciled- atS ' RuLE 29 - The Supreme Court having decided that the m^nor V chfidren ^ aw ^ u ^ w ^ e an( ^ minor children of a Chinese merchant of, admission ma y ^ e a( j m itted to the United States without presenting the certificate prescribed by section 6 of the act approved July 5, 1884, the attention of administrative officers is directed to the nature of the evidence required by section 2 of the act approved November 3, 1893, to establish the right of a domiciled Chinese merchant to readmission after temporary absence from the United States, and the said officers are directed to require such evidence as will give reasonable assurance that every Chinese applicant for admission as the lawful wife or minor child of a resi- dent Chinese merchant sustains the actual relationship claimed to such merchant, and, in the case of a child, that such child is beyond question a minor, s e c t i o n 6 Rule 30. The officers whose titles are given .below have officers desig- been authorized by their respective Governments to issue 'to Chinese subjects or citizens of such Governments the certificates prescribed by section 6 of the act approved July 5, 1884. Brazil : Chiefs of police, or corresponding officers in the municipalities and civil subdivisions. Canada : Vancouver — Collector of customs. Victoria — Collector of customs. Ottawa — Chief controller of Chinese, or chief clerk in the department of trade and commerce. China : In Chinese Empire — Acting viceroy of Hu Kuang (Hunan and Hupeh) . Acting viceroy of Sze Ch'uen. Acting viceroy of Liang Ktfang (Kuangtung and Kuanghsi). Viceroy of Manchuria. Tartar-general of Fu-chou and customs superin- tendent of Fu-k'ien. Governor of Anhui. Governor of Fengtien. Governor of Helungchiang. Governor of Hunan. Governor of Shantung. Governor of Kiangsi. Governor of Kirin. REGULATIONS GOVERNING ADMISSION OF CHINESE. 47 China — Continued. se c 1 1 o n 6 In Chinese Empire — Continued. officers aesig- /-i i , ,1 . » ™. . nated to Issue ; Customs taot'ai of Tientsin. Taot'ai of Autung. Taot'ai of the Hui-Ning-Ch'ih-T'ai-Kwang cir- cuit. Taot'ai of the Hang-chia-hu circuit. Taot'ai of Harbin. Taot'ai of the Hsing-Ch'uan-yung circuit. Acting taot'ai of the Ning-Shao-T'ai circuit. Taot'ai of Newchwang. Taot'ai of the Wen-Ch'u circuit. Taot'ai of the Yue-Ch'ang-Li circuit. Taot'ai of the Teng-Lai-Ch'ing circuit. Taot'ai of the Su-Sung-T'ai circuit. In countries foreign to China — Austria-Hungary — Chinese minister of charge d'affaires, Vienna. Belgium — Chinese minister or charge d'affaires, Brussels. Canada — Chinese consul-general, Ottawa, and Chinese consul, Vancouver. Cuba — Chinese minister or charge d'affaires, Habana. England — Chinese minister or charge d'affaires, London. France — Chinese minister or charge d'affaires, Paris. Germany — Chinese minister or charge d'affaires, Berlin. Hawaii — Chinese consul, Honolulu. Italy — Chinese minister or charge d'affaires, Rome. Japan — Chinese minister or charge d'affaires, Tokyo; Chinese consul-general, Yokohama. Korea — Chinese consul-general, Seoul. Mexico — Chinese minister or charge d'affaires, Mexico City. Netherlands — Chinese minister or charge d'affaires, The Hague. Peru — Chinese minister or charge d'affaires, Lima. Philippine Islands — Chinese consul - general, Manila. Portugal — Chinese minister or charge d'affaires, Lisbon. 48 BEGTJLATIONS GOVEKNING ADMISSION OF CHINESE, c •! ti toSS^ China— Continued. Sated S to isIue S: In countries foreign to China— Continued — t o be re- mined In files. Eussia— Chinese minister or charge d'affaires, St. Petersburg. Siberia— Chinese commercial agent, Vladivostok. Spain— Chinese minister or charg6 d'affaires, Madrid. Straits Settlements — Chinese consul-general, Singapore. Transvaal — Chinese consul-general, Johannes- burg. Cuba: Chief of immigration department. Dutch Guiana. (See Surinam.) Dutch East Indies: Directeur van Justitie, Batavia. German protectorate of Kiautschou: Commissioner for Chinese affairs to the government, civil commissioner, or oberrichter. Guatemala: Minister of foreign affairs or subsecretary of state. Hongkong : Registrar-general. Jamaica : Deputy inspector-general of police. Japan : Governor of any fu (district) or ken (prefecture). Hokkaido — Governor-general. Formosa — Chief of prefecture having jurisdiction. Macau, Portuguese province of: Secretary -general. Mexico: Department for foreign affairs. Philippine Islands : Collector of customs. Society Islands: Commissioner of police of the munici- pality of Papeete, Tahiti. Straits Settlements : Colonial secretary. Federated Malay States— Colonial secretary, federal secretary, or secretary for Chinese affairs. Surinam (Dutch Guiana) : Government's secretary, or secretary ad interim at Paramaribo. Trinidad: Governor. Venezuela : Mayors of cities or governors of provinces. Rule 31. The certificates prescribed by section 6 of the act of July 5, 1884, on which Chinese of the exempt class are admitted to the United States, shall be retained in the files of the office at the port of entry, a certificate of identity being issued to the admitted person, in accordance with Rule 52 hereof. REGULATIONS GOVERNING ADMISSION OF CHINESE. 49 Rule 31ffl. A student within the meaning of the treaty ae toiaon en f t- and laws of the United States relating to the admission and exclusion of Chinese is — (a) A person who pursues some regular course of study, including the higher branches of learning, but not exclud- ing the elementary or preparatory branches, if undertaken in good faith; (i) A person who attends one of the recognized educa- tional institutions of the United States designed for those whose entire time may be given to scholastic work ; ( . , . . . nai, duplicate, from the officer in charge at the port, the investigating officer shall notify the applicant thereof, advising him that such decision is not final, but that he may, neverthe- less, if he so desires, depart from the country, relying upon his ability to produce further and more satisfactory evidence on his return. If a favorable response is re- ceived, the investigating officer shall deliver to the appli- cant the duplicate copy of the application, with instruc- tions to exchange it at the office of the immigration officer in charge at the port of departure for the original thereof. The triplicate returned from the port of proposed de- parture and the duplicate copy of the report, of the trans- script of testimony, and of documentary proofs shall be placed on file in the office of the inspector in charge of the district (or subdistrict, as the local practice may require) in which the applicant has resided. (A) Upon the arrival of the applicant at the port of departure and the presentation by him of the duplicate of the application, such duplicate shall be placed on file, and the original, with the indorsement of approval' ap- pearing thereon filled out and signed, and with the signa- ture and seal of the officer in charge placed over the margin of the photograph, shall be delivered to the appli- cant for use upon his return. aTp a u c S ant n o°n (0 Cm the return of the applicant the original appli- retum ; cation 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 REGULATIONS GOVERNING ADMISSION OF CHINESE. 55 occurred during his absence to discredit the evidence , Natives, pre- , , - , . . inves tigation taken on the preinvestigation, he shall be promptly ad- of status of — mitted without further examination or investigation. The original application shall then be placed in the files for safekeeping and possible future use by the applicant should he again leave the United States. (j) This rule is adopted, in response to a quite general— *^ . m i tte d Chi- t i nsure permanency and prevent warping. The height shall be carefully taken and inserted in feet and inches, and in recording physical marks and peculiarities those which are the most prominent and the least likely to be obliterated by lapse of time shall be selected. In record- ing the status as of which admitted, the address to which proceeding shall be given, if possible. by f °osl lt of re Bta- (/) These certificates, as shown on their face, are issued use orTraud^ 01- the protection and identification of Chinese of the exempt clases only so long as such persons shall retain their exempt status, and are not transferable. Therefore, when such a certificate is found by an inspector in the pos- session of a person, not a United States citizen, engaged in the performance of manual labor, or of a person to whom it does not relate as shown by a comparison of such person with the photograph and personal description ap- pearing thereon, or if at any time it should develop that such certificate has been obtained by fraud, the certificate shall be taken up and forwarded to the Bureau of Immi- gration and Naturalization, with report of the circum- stances, for decision whether it shall be canceled. — duplicates (gr) The duplicates of the certificates shall be for- warded to the Bureau of Immigration and Naturalization promptly upon the issuance of the originals, in order that such duplicates may be safely filed for future reference. —reissue of, if (A) If such a certificate of identification shall be un- avoidably lost or destroyed at any time, a certificate in lieu thereof will be issued by the Bureau of Immigra- tion and Naturalization upon the applicant's furnishing satisfactory proof of the unavoidable loss or destruction of such certificate, of his identity as the person to whom it was originally issued, and of his exempt status. —reports con- ({) With a view to prevent the issuance of more than cerning ; x ' *- one certificate of identity to any one Chinese person, officers in charge at ports of entry shall render to each of the other officers in charge at such ports quarterly reports, giving the names and descriptions of all persons to whom such certificates have been issued, ^""nlfvaiul (i) The certificate of identity when issued to Chinese of ; of the exempt classes is granted solely for the protection of such Chinese while residing in the United States and retaining an exempt status, and will not, therefore, be accepted as satisfactory evidence in any other connection. REGULATIONS GOVERNING ADMISSION OF CHINESE. 63 For example, a domiciled merchant holding such a cer- iae ^^ fl ( c * r te a S* tificate of identity will not be excused from a compliance mltted Chinese. with the terms of section 2 of the act of November 3, 1893, and of Rules 25 to 28 of the Eegulations approved February 26, 1907; nor will domiciled Chinese of any other exempt class desiring to reenter the United States be excused under such certificate from a compliance with the usual requirements. The certificate may, however, be accepted as evidence of a former admission as of an exempt status, and be given such cumulative value as the circumstances of a case justify. When issued to a person of Chinese descent as a United States citizen by birth on the mainland, the certificate will be accepted at all times thereafter as evidence of such citizenship; extreme cau- tion to be observed, however, in determining whether the certificate is genuine and in the hands of the person to whom issued : Provided, always, That fraud has not been perpetrated upon the Government in securing its issuance. Dan'l J. Keefe, Commissioner-General of Immigration. Approved December 15, 1909. Benj. S. Cable, Acting Secretary. INDEX. Page. Accounts, examination of Department 29 Acts of Congress relating to Chinese immi- gration- May 6, 1882, as amended in 1884 7 September 13, 1888 14 MayS, 1892 18 February 15, 1893 22 November 3, 1893 23 December 7, 1893 24 August 18, 1894 24 July 7, 1898 25 April 30, 1900 25 June 6, 1900 25 March 3, 1901 26 April 29, 1902 26 February 14, 1903 28 February 6, 1905 30 March 3, 1905 31 Admissible classes of Chinese 34 Admission of Chinese, Department regula- tions governing 34 Affirmative proof, applicants for admission must furnish 19 returning Chinese laborer must furnish 42 Agents, appointment of, to enforce laws 27 Alaska, immigration into 27 Angell, J. B., commissioner for the United States 3 Appeal, additional time for perfecting 37 applicant apprised of right to 35 finality of decision of Secretary of Com- merce and Labor on 24 habeas corpus proceedings on 19 provision for, from deportation order 18 time allowed for perfecting 37 two days allowed for filing notice of 37 Applicants, private examination accorded to 35 Arrest, warrant required for 26 Arthur, Chester A., signature of 6 Articles of the treaty of 1881 — Article I. Immigration of laborers for- bidden 4 Article II. Exempted classes of immi- grants 4 Article III. Treatment of Chinese sub- jects in the United States 5 Article IV. Legislation and modifications provided for 5 Assets, laborer may return if he has certain. . 15 Authority of State officers in Chinese cases. . . 13 Page. Bail, application for writ of habeas corpus does not permit of 19 pending deportation, Chinese may not be released on 23 Birth, evidence to establish 53 Blaine, James G., signature of 6 Bond, laborer in transit must give 50 seaman on shore leave must give 49 Boston, Chinese may be admitted at port of. 16 Brazil, officers who may issue certificates to Chinese subjects of 46 Burden of proof, applicant for admission must bear 19 Cancellation of return certificates 42 Certificate, disposition of suspected 36 exempt classes must have 10 expenses of deporting laborer with sec- tion 6 13 See also Section 6 certificates, immigration officers may disprove state- ments of 11 no laborer may reenter without 16 See also Laborer's return certificate. penalties for fraud in use of 11 retention of, at ports of entry 36 rules for issuing 53 See also Merchan; Return certificate. Certificate of identity, departing laborers and domiciled merchants must be given. . 9, 40, 44 for admitted Chinese 60 forfeiture of 61 form of 60 limitation of use of 62 value of 62 Certificate of residence, Chinese in insular pos- sessions must have 28 laborers required to procure 19, 20, 56 person not a laborer may procure 20, 21 photograph of laborer must appear on . . . 23 procedure for procuring duplicate 55 procedure if laborer fails to produce 56 See also Resident laborer. Charges incident to deportation 57 Child, admission of domiciled merchants 46 laborer may return if he has a resident. . . 15 China, officers who may issue section 6 certifi- cates to subjects of 46 Citizenship, Chinese forbidden 14 Collectors of internal revenue, no fees for reg- istration by 24 65 66 INDEX. Page. Colonies. See Insular possessions. Commissioners, fees of United States 26 names of the treaty 3 Commissioner-General of Immigration, ex- ecution of exclusion laws placed under. 25 Consular officers, exception in favor of Chi- nese 18 refusal to admit Chinese must be certified to Chinese 35 Consular vis£, certificates must bear 11 Contagious diseases, President authorized to guard against 22 Contiguous foreign territory, visits of mer- chants to 43 Contracting parties to treaty 3 Country other than China, deportation to . . . 19 Court record as evidence of lawful residence. 37, 53 Criminals, registration not permitted to 21 Cuba, officers who may issue certificates to Chinese subjects of 47 Curiosity, no restrictions on travelers for 4 Dates of treaties with China 3 Debts, laborer may return if there is due him $1,000 in 15 Decision, unless appealed immigration officers will give final 24 Definition of term "laborer" 14,23 Definition of term "merchant" 23 Definition of term "student" 49 Departing laborers, collector to make inven- tory of 8 Department of Commerce and Labor, act es- tablishing the 28 Departure, readmission must be at port of . . . 16 Deportation, certificates of residence neces- sary to avoid 19,20 Chinese held for, not to be imprisoned. . 19 expense of, by whom borne 18, 31, 58 issuing of order of. 57 procedure for 13, 18, 57 Description, departing and returning laborer. 37, 41 for certificate of identity 61 Diplomatic officers, law does not apply to . . . 13, 18 Disability, certification to delays in return caused by 16,20,42 Disease, President authorized to guard against importation of. 22 District attorneys, duties of 26, 56 Districts, extent of Chinese immigration 58 Domiciled merchants. See Merchant. Dominion of Canada, officers who may issue certificates to Chinese subjects of. 46 Duplicates and stubs, disposition of, to return certificate 41 to certificates of identity 62 Entry of Chinese by land 13 Evidence for admission, certificates shall be sole 11 Exceptions for resident laborers and vessels in distress v 8 Exceptions to laws, for men admitted for ex- positions 27 Page. Exclusion laws, Commissioner-General of Im- migration to enforce 25 time limit on 7,18,26 Executive order of governor of Philippine Islands 32 Exempted classes, certificates for. . . 10, 20, 21, 60, 62 transit of 51 what constitute .'. 4, 18, 34 Exempt from examination, Chinese on vessels of foreign navies 35 Expenses of deportation, liability for.. 13,18,31,36 Expositions, admission of Chinese to take part in 27 Fees, collectors of internal revenue hot to col- lect, for registration of resident laborers. 24 United States commissioners entitled to. 26 Felons, registration denied 21 Fines, fraud in uttering certificates punish- able by imprisonment and 11 persons who bring laborers into United States subject to 8 Fish merchants, exemption does not include. 11,23 Forms of certificates and notices — Certificate of identity 60 Instructions in Chinese to return formal letter 45 Instructions to departing laborer 40 Laborer's return certificate 39 Notice of return of domiciled merchant. . 44 Notice to immigration officer of laborer's intention to return 40 Notice to merchant to establish status before return 44 Foreign navies, Chinese on vessels of. 35 Foreign tax, deportation to China to avoid . . 19 Forgery of certificate, penalty for 17, 22 Fraud, certificates procured by 11, 17, 22 Guatemala, officers who may issue certificates to Chinese subjects of. 48 Habeas corpus, application for writ of 19 Hawaii, admission of Chinese citizens of 52 Chinese immigration laws extended to. . . 25 officers who may issue certificates to Chi- nese in 47 registered laborers in, not permitted to enter United States 25 United States not open to Chinese from. 25 Head tax, method of collecting 29 Honolulu, Chinese may enter through port of. 35 Hsien Feng, eighth year of, date of first treaty. 3 Hucksters, exemption does not apply to 11, 23 Identification, manner of 8, 23, 37, 42, 53, 60 certificates of 60 Immigration, jurisdiction of Department of Commerce and Labor over 29 Immigration laws apply to Chinese 34 Imprisonment of debarred Chinese, law for, declared void 19 Infectious diseases, President authorized to guard against importation of 22 Instructions to departing laborer 40 INDEX. 67 Page. Insular possessions, exclusion laws apply to 26,27,28 exclusion laws permit transit in 27,32 regulations governing migration of Chinese from 33 transit from and "between 52 Investigation, status of laborer subject to ad interim 40 status of domiciled merchant subject to. 43 Japan, officers who may issue certificates to Chinese in 47 Joint resolution of December 7, 1893 24 July 7, 1898 25 Kuangshu, sixth year of, immigration treaty signed in 5 laborers, ad interim investigation of status of , 40 conditions for transit of 49 definition of term 14,23 description of departing and returning. . 42 exception in favor of resident 8 exclusion of, under laws of 1882 and 1884. 7 instructions to departing 39 , 40 law regulating return of 14 limitation and suspension of immigra- tion of 4 notice of intended return of 40 procedure for registration of resident 53 readmission of returning 42 record of departing and returning 42 registration of Hawaiian 25 registration of resident 19 ,20 Laborer's return certificate, evidence on which to issue 37 form of 39 law of 15 procedure for procuring 37 transfer voids 39 Land, entry of Chinese by 13 "Landed," definition of the term 36 Laundrymen, laborer includes the occupa- tion of 23 Legislation, treaty provides for — 5 Letters notifying collector of intended return of Chinese. See Forms. Li Hungtsao, treaty commissioner for China. 4 Limitation, exclusion laws relieved of time. . 26 Loss of certificate 21 Macau, officer who may issue certificates to Chinese in 48 Mainland, definition of the term 27 Malone, N. Y., Chinese may enter through port of 35 Marriage, conditions of laborer's, entitling him to readmission 15 Masters, duties of, with regard to deporta- tion of Chinese 36 liability of, for carrying excluded classes. 8 penalty for violations by 17 sworn list of passengers to he furnished by 12 Page. Merchant, ad interim investigation of status of domiciled 44 admission of wife and children of domi- ciled 46 certificates for 10,60 condition for visits to contiguous foreign territory by 43 definition of the term 23 no restrictions on immigration of 4 notice of intended return of domiciled... 44 proof of status required from returning domiciled 44 status prior to departure of domiciled 44 testimony required to establish status as former 23 Mexico, officers who may issue certificates to Chinese in 48 Miners, "laborer" includes 23 Natives of United States not excluded' 34 status, how established 53 Naturalization, Chinese, forbidden 14 New Orleans, Chinese may be admitted at port of 16 New York, Chinese may be admitted -at port of 16 Notice of sailing, masters must give 36 Notices relative to return. See Forms. Officers, before whom deportation proceed- ings may be brought 17 Officers incharge, designation and location of. 59 Office record 57 Overtime certificates, consular officers to certify to 42 Pao Chun, commissioner for China 4 Parent, laborer may return if he was a resi- dent 15 Passengers, masters to furnish sworn list of. . 12 Peddlers, class of merchants does not include . 11 ,23 Peking, treaty signed at 3 Penalty, laborers brought into United States under 8,12 unlawful landing of Chinese under 13 use of fraudulent certificates under 11 violation not specified under 14 violation on part of master under 17 Period of exclusion 7, 18,26 Philippines, administration of immigration laws in 30,32 certificates issued to Chinese in 52 officers who may issue certificates to Chinese in 48 registration of Chinese in 28 Philippine Commission, time for registra- tion may be extended by the 28 Photograph, certificate of identity must contain 60 Chinese laborer's certificate must contain 38 laborer in transit must furnish a 50 officers authorized to order 56 requirements with regard to 16,53,54 section 6 certificate must contain 23 68 INDEX. Page. Ponce, Chinese may enter through port of. . . 35 Port, departure and readmission must be at same 16 Portal, N. Dak., Chinese may enter through port of. 35 Portland, admission of Chinese at port of 16 Ports, Chinese may he admitted only through certain 16,35 Port Townsend, Chinese may be admitted through port of 16 Portugal, officers who may issue certificates to Chinese subjects of 47 Preamble, act of 1882 and 1884 7 treaty of 1881 3 Privileges, Chinese subjects in United States. 5 Proclamation, treaty made known by 3 Promissory notes, readmission will not be granted on evidence of indebtedness shown by 15 Proof, Chinese claiming right to be in United States must show affirmative 19, 44 Property, laborer may return if he has cer- tain > 15 Quarantine,. President may declare a total. . . 22 Ratification of treaty 5 Railway company, expense of transportation to be borne by 36 Readmission, port of departure must be that of 16 returning laborer's 42 Record, applicant's attorney and Chinese con- sul allowed to examine 35 departing and returning laborer's 42 manner of keeping office 56 port of entry required to keep certain 36 Reentry of laborers, certificates providing for 8 Registration, fees not collectible for 24 jurisdiction over 54 laborers in Hawaii must submit to 25 one certificate of, sufficient 54 resident laborer's 19, 20 return to laborers of certificate of 42 Regulations, admission of Chinese under cer- tain 34-63 enforcement of immigration laws under certain 27 power for making 16, 21 Reports, immigration officers to make 36 Resident laborer, certificate must contain photograph of 23 certificates required of, in islands 27 exception of 8 no fees for registration of. 24 one registration sufficient for 54 registration of 19, 20 Return certificate, cancellation of. 42 evidence on which to issue 37 form of 39 issue of 15 persons entitled to 37 Returning laborers, readmission of 14, 42 Richford, Vt., Chinese may enter through port of. 35 Page. Rules for administering laws for admission of Chinese- Rule 1. Admissible classes 34 Rule 2. Persons constituting admissible classes 34 Rule 3. General immigration laws apply to Chinese 34 Rule 4. Ports at which Chinese may en- ter 35 Rule 5. Chinese applicants must be ex- amined promptly 35 Rule 6. Examination of applicants and witnesses 35 Rule 7. Legal interpretation of term "landed" 36 Rule 8. Notice of sailing required 36 Rule 9. Expense of deportation to be borne by transportation company 36 Rule 10. Reports to be made monthly. . . 36 Rule 11. Certificates to be taken up at ports of entry 1 36 Rule 12. Two days allowed for filing no- tice of appeal 37 Rule 13. Time allowed for perfecting an appeal 37 Rule 14. Additional time for perfecting appeal 37 Rule 15. Persons entitled to return cer- tificates 37 Rule 16. Evidence on which to issue re- turn certificates 37 Rule 17. Laborer's return certificate 38 Rule 18. Conditions for readmission must remain as on departure 40 Rule 19. Ad interim investigation 40 Rule 20. Duplicates and -stubs of return certificates 41 Rule 21. Record of departing and return- ing laborers 42 Rule 22. Readmission of returning labor- ers 42 Rule 23. Return of registration certifi- cates 42 Rule 24. Consular certificates regarding laborers' overtime 42 Rule 25. Status of domiciled merchants prior to departure 43 Rule 26. "Visits of domiciled merchants to contiguous territory 43 Rule 27. Returning merchants must prove status 44 Rule 28. Ad interim investigation of status of returning merchant 44 Rule 29. Wife and children of domiciled merchant.! 46 Rule 30. Officers that may issue certifi- cates 46 Rule 31. Indorsement on section 6 certifi- cates 48 Rule 31a. Definition of student 49 Rule 32. Bond required for Chinese sea- men on shore leave 49 Rule 33. Conditions for transit of labor- ers 49 Rule 34. Duties of officers with regard to laborers in transit 50 INDEX. 69 Page. Rules for administering laws, etc.— Con. Rule 35. Descriptive list of laborers in transit 51 Rule 36. Cancellation of bond of laborer in transit 51 Rule 37. Transit of exempt classes 51 Rule 38. Administration of laws in insu- lar possessions 52 Rule39. Establishiag of status of natives. 53 Rule 40. Certificates of residence not in possession of rightful owner 55 Rule 41. Registration under one act suf- ficient 55 Rule 42. Jurisdiction over registration of Chinese 55 Rule 43. Procedure of, for registration of resident Chinese 55 Rule 44. Issuing of duplicate certificates.. 55 Rule 45. Only certificates provided by law to be issued 46 Rule 46. Time allowed to produce certifi- cates 46 Rule 47. Procedure after arrest of Chi- nese person 46 Rule 48. Duties of United States attor- neys 57 Rule 49. Order of deportation 57 Rule 50. Charges and instructions incident to deportation 58 Rule 51. Designation and location of offi- cers in charge 58 Rule 52. Certificates of identity of ad- mitted Chinese 60 Sections of laws regulating the admission of Chinese — Section 1. (Act of 1882-1884.) Period of exclusion 7 Section 1. (Act of May 5, 1892.) Period of exclusion extended 18 Section 1. (Act of March 3, 1901.) Desig- nation of commissioner for trial of Chi- nese 26 Section 1. (Act of April 29, 1902.) Exclu- sion laws not limited in time 26 Section 2. (Act of 1882-1884.) Liability of masters of vessels 8 Section 2. (Act of May 5, 1892.) Deporta- tion to country other than China 18 Section 2. (Act of November 3, 1893.) Definition of term "laborer" 22 Section 2. (Act of March 3, 1901.) Fees of United States commissioners 26 Section 2. (Act of April 29, 1902.) Secre- tary of Commerce and Labor author- ized to enforce laws 27 Section 3. (Act of 1882-1884.) Excep- tions in favor of resident laborers and vessels in distress 8 Section 3. (Act of May 5, 1892.) Burden of proof on Chinese 19 Section 3. (Act of March 3, 1901.) War- rant for arrest of Chinese 26 Section 3. (Act of April 29, 1902.) Ad- mission of Chinese to take part in expo- sitions 27 Page. Sections of laws regulating, etc. — Con. Section 4. (Act of 1882-1884.) Identifica- tion of laborers departing from United States 8 Section 4. (Act of May 5, 1892.) Pro- vision for imprisonment void 19 Section 4. (Act of April 29, 1902.) Regis- tration of Chinese in Philippines 28 Section 5. (Act of May 6, 1882.) Certifi- cate for laborer departing by land 10 Section 5. (Act of September 13, 1888.) Return of laborers prohibited 14 Section 6. (Act of May 5, 1892.) Bail not allowed on application for writ of habeas corpus 19 Section 6. (Act of 1882-1884.) Admission of exempt classes - 10 consular vis6 necessary on certifi- cates under 11 indorsement on certificates under 48 officers that may issue certificates under 46 Section 6. (Act of September 13, 1888.) Conditions on which laborer may re- turn to United States 15 registration of resident laborers 19, 20 Section 6. (Act of May 5, 1892.) Regis- tration of laborers 19,20 photograph must be attached to cer- tificate under 23 Section 6. (Act of February 6, 1905.) Administration of immigration laws in Philippines 30 Section 7. (Act of May 6, 1882.) Penalties for uttering fraudulent certificates 11 Section 7. (Act of September 13, 1888.) Identification of returning laborer 15 Section 7. (Act of May 5, 1892.) Secretary of Commerce and Labor to prescribe rules for enforcement of law 21 Section 7. (Act of February 15, 1893.) President authorized to declare total quarantine 22 Section 8. (Act of 1882-1884.) Sworn list of passengers by masters 12 Section 8. (Act of September 13, 1888.) Regulations by Secretary of Commerce and Labor 16 Section 8. (Act of May 5, 1892.) Penalty for forgery 22 Section 9. (Act of May 6, 1882.) Exami- nation of lists and passengers 12 Section 9. (Act of September 13, 1888.) Penalty for violation of law by master of a vessel 17 Section 10. (Act of 1882-1884.) Forfeiture of vessel found violating laws 12 Section 10. (Act of September 13, 1888.) Exceptions to law providing penalty for masters 17 Section 11. (Act of 1882-1884.) Penalty for unlawful landing of Chinese 13 Section 11. (Act of September 13, 1888.) Penalty for forgery of certificate 17 Section 12. (Act of 1882-1884.) Deporta- tion procedure 13 70 INDEX. Page. Section of laws regulating, etc.— Con. Section 13. (Act of 1882-1884.) Diplo- matic officers and household exempt. . 13 Section 13. (Act of September 13, 1888.) Deportation procedure 17 Section 14. (Act of May 6, 1882.) Nat- uralization of Chinese prohibited 14 Section 14. (Act of September 13, 1888.) Exception in favor of diplomatic of- ficers 18 Section 15. (Act of 1882-1884.) Term "laborer" defined 14 Section 16. (Act of 1882-1884.) Penal- ties for further violations 14 Section 17. (Act of 1882-1884.) Act not retroactive 14 Section 101. (Act of April 30, 1900.) Registration of laborers in Hawaii 25 San Diego, Cal., Chinese may enter through port of 35 San Francisco, admission of Chinese at port of 16 San Juan, Chinese may enter through port of. 35 Seamen, bond required for Chinese 49 Secretary of Commerce and Labor, appeals to 24 Shuster, W. Morgan, certificates of depar- ture from Philippines to be issued by. . 33 Sickness, certification for delays in return caused by 42 delay in procuring certificate of residence due to 20,21 extra time allowed a Chinese -laborer on account of 16, 43 Signatures of commissioners 5 Society Islands, officers who may issue certi- ficates to Chinese in 48 State officers, authority of, in deportation cases 13 Status of merchants must remain unchanged during absence 43 Steamship company, expense of deportation to be borne by 36 Straits Settlements, officers who may issue certificates to Chinese in the 48 Stubs, disposition of, to return certificates. . . 41 Student, defmitionof 49 certificates of identity for 60 Students, no restriction on immigration of. . . 4 Subjects of China, rights in United States of. 4 Page. Sumas, Wash., Chinese may enter through port of 35 Swift, J. F., commissioner for the United States 3 Sworn list of passengers, masters to fur- nish 12 penalty for refusing to furnish 12 Tampa, Chinese may enter through port of. . 35 Tax, deportation to China to avoid 19 method of collecting head 29 Teachers, immigration of 4 certificates of identity for 60 Ticket, laborer in transit must have pre- paid 50 Time limitation, exclusion laws relieved of. . 26 Tourists, certificates for 11 no restriction on immigration of 4 Transit, conditions for laborer's 50 exempt classes in 51 insular possessions 52 Transportation company, expenses of de- portation to be borne by 36 Travelers, certificate for 11, 60 Treatment of Chinese subjects in United States 4 Treaty of 1880, text of the 3 Trescott, W. H., commissioner for the United States 3 Trinidad, officer who may issue certificates to Chinese in 48 Tung Chih, seventh year of, year of the second treaty with China 3 United States attorneys, duties of 57 Unlawful landing, penalty for assisting in.. 13 Venezuela, officers who may issue certificates to Chinese in 48 Vessel, exception in fa vor of , in distress 8 master of, liable for infractions of laws. . . 8 violations punishable by forfeiture of 12 Vise, certificates must have consular. „ 11 Warrant for arrest, rules for issuance of 26 Wife, admission of, of domiciled merchant. . . 46 laborer may return if he has a resident. . . 15 Witnesses, examination of 35 expenses of aliens detained as 31 Wong Wing, decision in case of 19 Wright, Luke E., proclamation by 32 Writ of deportation, identification by the... 56 o ■i. ^«,» c -°I ne " University Library JV 6873.A2 1909e Trea JS!liiiffl? m&Ki re 9ulations governim 3 1924 023 463 767 .A DATE DUE 2B&^ uJUjTI v» OECji ~T?6 D 1 V GAYLOHO PHINTED IN U.S.A.