I j^ason JV6873 A2 1907 ^m-Wimw^f^^;^:- IP KO^:^ M^^-^Mi^r? ^M^^mm FROM THE UNITED STATES GOVERNMENT THROUGH THE superint£;ndent of documents fj.'..%.%.A.S~l.i.: ^l^../.Zr/l.l g'506 Rev. Stat, prohibits the withdrawal of this book for home use. DEPARTMENT OF GOMMERCE AND LABOR BUREAU OF IMMIGKATION AND NATURALIZATION TRE AND gover: THE ADMISSION OF CHINESE REGULATIONS APPROVED FEBRUARY 26» 1907 July, 1907 WASHINGTON : GOVERNMENT PRINTING OFFICE - 1907 A Cornell University 7 Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924023463718 Cornell University Library JV 6873.A2 1907 Treaty, laws, and regulations aoyernln 3 1924 023 463 718 DEPARTMENT OF COMMERCE AND LABd!^ BUREAU OF IMMIGRATION AND NATURALIZATION TREATY, LAWS, AND REGULATIONS GOVERNING THE ADMISSION OF CHINESE REGULATIONS APPROVED FEBRUARY 26, 1907 July, 1907 WASHINGTON GOVERNMENT PRINTING OFFICE 1907 ^. -LI.QS' It. Department of Commerce and Labor Document No. 54 BUREAU OF IMMIGRATION AND NATURALIZATION TREATY CONCERNING THE IMMIGRATION OF CHINESE. November 17, 22 Stat., 826. TREATY BETWEEN THE TTNITED STATES AND CHINA, j CONCEKNING IMMIGRATION. [Concluded November 17, 1880; ratification advised by the Senate May5,1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881.] By the President of the United States of America. A PROCLAMATION. Whereas a Treaty between the United States of America Proclamation, 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 Domini Preamble. 1858, a treaty of peace and friendship was concluded be- tween 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 advan- tage 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 laborers to the territory of the United States, and the embarrass- ments consequent upon such immigration, now desires to negotiate 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 contracting ' ' . _ parties. America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Trescot, of South Carolina as his Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has 4 TREATT OF NOVEMBER 11, 1880. 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 Plenipo- tentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modi- fication. Article I. bo?S?^^iimito- Whenever in the opinion of the Government of the tion knd sua- United States the coming of Chinese laborers to the United pension of im- » migration of. States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality 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." The limitation or suspension 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. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation, or suspen- sion of immigration, and immigrants shall not be subject to personal maltreatment or abuse. Article II. iect^™^in The Chinese subjects, whether proceeding to the United United states, gtates as teachers, students, merchants or from curiosity, together with their body and household servants, and Chi- nese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immuni- ties, and exemptions which are accorded to the citizens and subjects of the most favored nation. Article III. and'^prMilges ^^ Chinese laborers, or Chinese of any other class, now "'■ either permanently or temporarily residing in the terri- tory of the United States, meet with illtreatment at the a Amended by various provisions of law prohibiting the admission of Chinese laborers to the United States. TREATY OF NOVEMBER 17, 1880. 5 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, privi- leges, 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^ ^j"*"^^ '"sis- 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 con- sider 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 exchanged 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. signatures. James B. Angell. [seal.] John F. Swift. [seal.] Wm. Hbnet Teesoot. [seal.] Pao Chijn. [seal.] Li Hitngtsao. [seal.] And whereas the said Treaty has been duly ratified on both parts and the respective ratifications were exchanged 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 the said Treaty to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. Proclamation. TEE AT Y OF NOVEMBER 17, 1880. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in Washington this tifth 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.J CHESTER A. ARTHUR. By the President: James G. Blaine, Secretary of State. LAWS RELATING TO THE ADMISSION OF CHINESE. ACT OF MAY 6, 1882, AS AMENDED AND ADDED TO BY ACT OF JULY 5, 1884. o (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 hun- dred and eighty-two." Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- iled. 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 "j5e it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- Ued, That from and after the passage of this act, and^j^^'j"'^ °^ 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 same is hereby suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States." Section two of said act is hereby amended so as to read as follows: "Sec. 2. That the master of any vessel who shall know- Liability . of ingly bring within the United States on such vessel, and sei. 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, re- enacted, 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). 3725—07 2 ves- 8 ACT OF 1882-1884 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 there- of, shall be punished by a fine of not more than five hun- dred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not ex- ceeding one year." Section three of said act is hereby amended so as to read as follows: Exceptions— " Seo. 3. That the two foregoing sections shall not ap- era. 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 sections apply to Chinese laborers, who shall produce to such mas- ter before going on board such vessel, and shall produce 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 section Vessel in dis- 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 juris- diction 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 ves- sel shall not be permitted to land except in case of abso- lute 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: Chinese labor- " Sec. 4. That for the purposc of properly identifying states— how Chinese laborers who were in the United States on the ^mmdeti 6!/ aci 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, and in order to furnish them with the proper evidence of their right to go from and come to the United States as provided by the said act and the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the ACT OP 1882-1884. 9 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 hav- ing 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 collector to ' make hst of ae- shall be entered m registry books, to be kept for that pur- parting laborers. pose in which shall be stated the individual, family, and tribal name in full, the age, occupation, when and where followed, last place of residence, physical marks or pecul- iarities, 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 such Chinese laborer so departing from the [Jnited States shall be entitled to and shall receive, free of any charge or cost upon application therefor, from the Chinese inspector in charge or his dep- uty, 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 P^^'JjJj^^J^g'"''^ 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 fol- lowed, of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. ' ' In case any Chinese laborer, after having received such certificate, shall leave such vessel before her departure, 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 certificate shall be delivered by the master to the collector of customs for cancellation. "The certificate herein provided for shall entitle the Chi- nese laborer to whom the same is issued to return to and reenter the United States upon producing and delivering 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 permissible to estab- be^^^'^e^vSen^ lish his right of reentry; and upon delivering of such °' "Sf*'"" ^^t^"^- certificate by such Chinese laborer to the said inspector at the time of reentry in the United States, said inspector shall cause the same to be filed in the custom-house and duly canceled." 10 ACT OF 1882-1884. Persons other than laborers. land''"'"'^^ ^^ S^*^- 5- That any Chinese laborer mentioned in section o/iSi™Sfj8sr'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, 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 as follows: "Sec. 6. That in order to the faithful execution of the provisions of this act, every Chinese person, other than a laborer, who may be entitled by said treaty or this act to come within the United States, and who shall be about to Permission and come to the United States, shall obtain the permission of identification by t i ^>ji • /--t Chinese Govern- and be identified as so entitled by the Chinese Govern- ment. . "^ ment, or of such other foreign government of which at the time ^uch 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 occupation or profession, when and where and how long pursued, and place of residence of the person to whom the certificate is issued, and that such person is entitled by this act to come within the United States. " 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 the time of his application as aforesaid: Provided, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word 'merchant,' hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for home con- sumption or exportation. Certificate. Merchants. ACT OF 1882-1884. 11 ' ' If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, to- gether with his financial standing in the country from which such certificate is desired. "The certificate provided for in this act, and the identity of the person named therein shall, before such person goes on board any vessel to proceed to the United States, be visaed 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 depart; 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 facie evidence of the facts set forth therein, and shall be pro- duced to the Chinese inspector in charge of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States whenever lawfully de- manded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States; but said certificate may be controverted and the facts therein stated disproved by the United States authorities." Sec. 7. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, or know- ingly utter any forged or fraudulent 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 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 United States from any foreign port or place shall, at the Travelers. Consular yU6. Certificate prima facie evi- dence against United States and sole evi- dence for holder. Penalties — fraudulent cer- tificates. Master of ves- sel to furnish sworn list of pas- sengers. 12 ACT OP 1882-1884. same time he delivers a manifest of the cargo, and if 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 district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any for- eign 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, traveling on the business of that Government, or their servants, with a note of such facts), and the names and other particulars 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. Penalty. "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." Collector to ex- Sec. 9. That before any Chinese passengers are landed amine and com- •' ^ ^ y pare certificates f I'om any such vcsscl, the Chinese inspector in charge, or his deputy, shall proceed to examine such passengers, compar- ing the certificates with the list and with the passengers; 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: Liability of " Sec. 10. That every vcssel whose master shall know- persons aiding ingly violate any of the provisions of this act shall be lawful entry, 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: ^jjniawfunand- " Sec. 11. That any person who shall knowingly bring into or cause to be brought into the United States by land, or who shall aid or abet the same, or aid or abet the land- ing 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 ACT OP 1882-1884. 13 thousand dollars, and imprisoned for a term not exceeding 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 to Entry by land. 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 the. Deportation. United States shall be caused to be removed therefrom 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 cases the Liability for ,T , .,,.,.. , , expenses of re- person who brought or aided in bringing such person to movai. the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the „A"*"J£"y "' several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in reference to carrying out the provisions of this act or the act of which this is amenda- tory, 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. "And the United States shall pay all costs and charges cost of main- tGiiELrics 8.11Q rc- for the maintenance and return of any Chinese person turn of person •' ■ 1 . having required having the certificate prescribed by law as entitlmg such certifioate. Chinese person to come into the United States who may not have been permitted to land from any vessel by reason 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 Diplomatic and other officers of the Chinese or other Grovernments traveling upon the business of that Government, whose 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 act as to other Chinese persons." Sec. 14. That hereafter no State court or court of the Naturalization I • n ,1 °' Chinese pro- United States shall admit Chinese to citizenship; and all hibited. laws in conflict with this act are hereby repealed. 14 ACTS OF 1882-1884 AND 1888. Section fifteen of said act is hereby amended so as to read as follows: to'^-clFFnese^" " Sec. 15. That the provisions of this act shall apply to generally. j^jj subjects of China and Chinese, whether subjects of China or any other foreign power; and the words Chinese ~Amend^diyaH laborers, whercver used in this act shall be construed to of Nov. 3, 1893. jjjgan both skilled and unskilled laborers and Chinese employed in mining." peniwetfOT^nrt ^EO. 16. That any violation of any of the provisions of ?idl™'^^ P™" this act, or of the act of which this is amendatory, the punishment of which is not otherwise herein provided for, shall be deemed a misdemeanor, and shall be punishable by fine not exceeding one thousand dollars, or by impris- onment for not more than one year, or both such fine and imprisonment. proceedings'^uS* ^^*^- -^^ ' '^^^^ nothing contained in this act shall be con- der former act. j^trued to affect any prosecution or other proceeding crimi- nal 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. ***** Return ot la- Sec. 5. That from and after the passage of this act, no borers prohib- --n. . . , r^ ited. 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. wil'''"chud ^ OT ^^^- ^' "^^^^ ^° Chinese laborer within the purview of garent resident the preceding sectiou shall be permitted to return to the United States unless he has a lawful wife, child, or parent cho™8^in Mtion ^° ^^^ United States, or property therein of the value of he™'"® °^ *^'''°° °°® thousand dollars, or debts of like amount due him and pending settlement. riSr** °* ™''"^" '^^^ marriage to such wife must have taken place at least a year prior to the application of the laborer for a permit to return to the United States, and must have been followed by the continuous cohabitation of the parties as man and wife. ACT OF 1888. 15 If the right to return be claimed on the ground of prop- chosesln^acSon erty or of debts, it must appear that the property is bona ^^*' ^^ ^°°* 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- Promiesory '■ IT. _® notes msuffi- ments of ascertained liability. ' cient. Sec. 7. That a Chinese person claiming the right to be Hentifloation . ' " " of returning la- permitted to leave the United States and return thereto on borer. 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 family, 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 regulations prescribed from time to time by the Secretary of Com- merce and Labor, and for any false swearing in relation 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 certificate. investigating all the circumstances of the case, shall decide to issue a certificate of return, he shall at such time and place as he may designate, sign and give to the person ap- plying a certificate containing the number of the descrip- tion last aforesaid, which shall be the sole evidence given -to^be^oie^eirt- to such person of his right to return. right to return. If this last-named certificate be transferred, it shall l^e-^^ot^^to be come void, and the person to whom it was given shall for- feit his right to return to the United States. The right to return under the said certificate shall be g^^i^i,*n£o^ limited to one year; but it may be extended for an addi- of^gctae™ or tional period, not to exceed a year, in cases where, by rea- son of sickness 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 f or ^. certmcate ^of the United States, and certified by such representative of 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 3725—07 3 16 ACT OF 1888. be delivered by said representative to the master of the vessel on vrhich he departs for the United States. Eeturn certifi- And no Chinese laborer shall be pei-mitted to re-enter cate indispensa- ^^^ United States without producing to the proper officer in charge at the port of such entry the return certificate Laborer to be herein required. A Chinese laborer possessing a certifi- admittea only at ^ i T t i tt . port from which ^.^j-g under this section shall be admitted to the United lie departea. States only at the port from which he departed therefrom, entooniyauier^ ^^^ ^^ Chinese pe^son, except Chinese diplomatic or con- tain 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, JSew York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretaiy of Commerce and Labor. Secretary of Qec. 8. That the Secretary of Commerce and Labor Commerce and •^ . _ Labor to pre- shall be, and he hereby is, authorized and empowered to scnbe regula- " . . 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. ~^ii t*"™ °* ^^^ ^® ^'^ herebjr 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 Deposit of same, and he may require the deposit, as a part of such photographs. \ « , iip, i record, of the photograph of the party to whom any such certificate shall be iss"ied. Violation of Sec. 9. That the master of anv vessel who shall know- act by master of vessel. ingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chinese laborer or other Chinese person, in contravention of the provisions of this act, shall be deemed guilty of a Penalty. 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. ACT OF 1888. 17 Sec. 10. That the foregoing section shall not apply to tresfoJ touching the case of any master whose vessel shall come within the ^* p""- 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 ti|p°aT^ °' "^'■" falsely alter or substitute any name for the name written 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 ^^^t^- 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 cMnes/ uniaw- descent, found unlawfully in the United States, or its Ter- |'Ji'^.*° ^""^'^ ritories, 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 before any United States court, and when convicted, upon a hear- ing, and found and adjudged to be one not lawfully en- titled to be or remain in the United States, such person shall be removed from the United States to the country Deportation, whence he came. But anv such Chinese person convicted before a com- . Appeal to •^ ^ ^ judge of dis- missioner of a United States court may, within ten days t™t court. from such conviction, appeal to the judge of the district court for the district. 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. And in all such cases the person who brought or aided pef^'^SSng!°^ in bringing such person into the United States shall be 18 ACTS OF 1888 AND 1892. -^^^^biJity ^ io^r liable to the GoTernment of the United States for all portation. necessary expenses incurred in such investigation and state'officers "' removal; and all peace officers of the several States and 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. c?iJsu?SSffict?s* ^^^- ^^- '^^^^ t^^s preceding sections shall not apply to Chinese diplomatic or consular officers or their attendants, 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 identitj'. ***** Approved, September 13, 1888. ACT OF MAY 5, 1893. (27 Stat., p. 25.) AN ACT To prohibit the coming of Chinese persons into the United States. £e it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, Extension of That all laws now in force prohibiting and regulating elusion. the coming into this country of Chinese persons and per- sons of Chinese descent are hereby continued in force for a period of ten years from the passage of this act. Deportation 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 United States, shall be removed from the United States to to^counti^^'other China, unless he or they shall make it appear to the jus- than China. jjpg^ judge, or Commissioner before whom he or they are tried that he or they are subjects or citizens of some other country, in which case he or they shall be removed from offo^f n tex*'^ ^'^^ United States to such country : Provided, That in any case where such other country of which such Chinese per- son shall claim to be a citizen or subject shall demand any tax as a condition of the removal of such person to that country, he or she shall be removed to China. Burden oj/ Sec. 3. That any CMncse person or person of Chinese proof on Chi- , , , n i ,, . . n ,, . nese. descent arrested under the provisions of this act or the ACT OF 1892. 19 acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge, or commissioner, his lawful right to remain in the United States. Sec. 4. That any such Chinese person or person of Chi- nese descent convicted and adjudged to be not lawfully entitled to be or remain in the United States shall- be im- prisoned at hard labor for a period of not exceeding one year and thereafter removed from the United States, as hereinbefore provided. Sec. 5. That after the passage of this act, on an appli- cation to any judge or court of the United States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the United States, to whom that privilege has been denied, no bail shall be allowed, and such application shall be heard and determined promptly without unnecessary delay. Sec. 6. And it shall be the duty of all Chinese laborers within the limits of the United States at the time of the passage of this act, and who are entitled to remain in the United States, to apply to the collector of internal rev- enue of their respective districts, within one year after the passage of this act, for a certificate of residence, and any Chinese laborer within the limits of the United States who shall neglect, fail, or refuse to comply with the provisions of this act, or who, after one year from the passage hereof, shall be found within the jurisdiction of the United States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested by an,y United States customs official, collector of internal revenue or his deputies. United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as hereinbefore provided, unless he shall establish clearly to the satisfaction of said judge that by reason of acci- dent, sickness or other unavoidable cause, he has been unable to procure his certificate, and to the satisfaction of the court, and by at least one credible white witness, that he was a resident of the United States at the time of the passage of this act; 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. Imprison- ment. Void. See Wong Wing II. U. S., 163 U. S., 228. Writ of habeas corpus. Bail not al- lowed. ^Registration of resident labor- ers. Amended by act of Nov. 3, 1893. Deportation. Excuses. 20 ACT OF 1892. Loss of certifi- cate. Persons not la- borers. Resident la- borers must reg- ister. Deportation. Excuses. Loss oi certifi- cates. Should it appear that said Chinaman had procured a certificate which has been lost or destroyed, he shall be 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. And any Chinese person, other than a Chinese laborer, 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. Sec. 6 [as amended by section 1 of the act of Novem- 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 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 jurisdic- tion of the United States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested bj- any United States customs official, collector of internal rev- enue or his deputies. United States marshal or his deputies, 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 is an amendment, unless he shall establish clearly to the satisfac- tion of said judge that by reason of accident, sickness, or other unavoidable cause he has been unable to procure his certificate, and to the satisfaction of said 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 certificate which has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall ACT OF 1892. 21 be in the discretion of the court; and any Chinese person, than'iaborera'^*'^ other than a Chinese laborer, 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; and that no proceedings for a violation Proceedings J. ,1 . . ,. . 1 •.„.-, under former act 01 the provisions of said section six of said act of Ma^' fifth, discontinued. eighteen hundred and ninety-two, as originally enacted, shall hereafter be instituted, and that all proceedings for said violation now pending are hereby discontinued: Provided, That no Chinese person heretofore convicted r.eions can not rs&istsr in any court of the States or Territories or of the United States of a felony shall be permitted to register under the provisions of this act; but all such persons who are now Deportation. subject to deportation for failure or refusal to comply 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 immediately after the passasre of this act, secretary of "^ ^ ° ' Commerce and the Secretary of Commerce and Labor shall make suchLabpr to pre- rules and regulations as may be necessary for the efficient forms. execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable collectors of internal revenue to issue the certificates required hereby, and make such provisions that certificates may be pro- cured in localities convenient to the applicants. Such certificates shall be issued without charge to the tificat™**"' '''''' applicant, and shall contain the name, age, local residence and occupation of the applicant, and such other description of the applicant as shall be prescribed by the Secretary of Commerce and Labor, and a duplicate thereof shall be filed in the office of the collector of internal revenue for the district within which such Chinaman makes applica- tion. Sec. 8. That any person who shall knowingly and falsely Forgery. 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 personate any person named in such certificate, shall be guilty of a mis- demeanor, and upon conviction thereof shall be fined in a sum not exceeding one -thousand dollars or imprisoned in the penitentiary for a term of not more than five years. * * * * * Approved, May 6, 1892. 22 ACTS OF 1893. ACT OF FEBBTIABY 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- §uctfonoA^*fe?- faction of the President that by reason of the existence of ^om diseases, cholera Or other infectious or contagious diseases in a for- eign country there is serious danger of the introduction of the same into the United States, and that notwithstand- ing the quarantine defense this danger is so increased by the introduction of persons or property from such country that a suspension of the right to introduce the same is demanded in the interest of the public health, the Presi- dent shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he maj'^ deem necessary. » -X- * * * Approved, February 15, 1893. '* Laborer defined. " Merchant defined. ACT OF NOVEMBER 3, 1893. (28 Stat., p. 7.) AN ACT To amend an act entitled "An act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two. [Section 1 reenacted, with amendments, section 6 of the act of May 6, 1892, and the amended section is printed with the act of May 5, 1893, ante.] Sec. 2. The words "laborer" or "laborers," wherever used in this act, or in the act to which this is an amend- ment, shall be construed to mean both skilled and un- skilled manual laborers, including Chinese emploj'ed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. The term "merchant," as employed herein and in the acts of which this is amendatory, shall have the following meaning and none other: A merchant is a person en- gaged in buying and selling merchandise, at a fixed place of business, which business is conducted in his name, and who during the time he claims to be engaged as a mer- chant, does not engage in the performance of any manual ACT AND KESOLUTION OF 1893. 23 labor, except such as is necessary in the conduct of his business as such merchant. Where an application is made by a Chinaman for en- Evidence to trance into the United States on the ground that he was status of mer- formerly engaged in this country as a merchant, he shall establish by the testimony of two credible witnesses other than Chinese the fact that he conducted such business as hereinbefore defined for at least one year before his de- parture from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the con- duct of his business as such merchant, and in default of such proof shall be refused landing. Such order of deportation shall be executed by the ^ Jj^^J'^^^^j^f United States marshal of the district within which such ''°°- order is made, and he shall execute the same with all con- venient dispatch: and pending the execution of such order Bail not ai- , I 1, . . 1 1 » , lowed. such Chinese person shall remain in the custody of the United States marshal, and shall not be admitted to bail. The certificate herein provided for shall contain the Photograph oi photograph of the applicant, together with his name local residence and occupation, and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the ofiice of the United States collector of internal rev- enue of the district in which such Chinaman makes appli- cation. Such photographs in duplicate shall be furnished by ^^Dupucate pho- each applicant in such form as may be prescribed by the Secretary of Commerce and Labor. Approved, November 3, 1893. JOINT RESOLTTTION OF DECEKBEB 7, 1893. (28 Stat, p. 575.) JOINT RESOLUTION Providing for the payment of aalariea and ex- penses of additional Deputy Collectors of Internal Revenue to carry out the provisions of the Chinese Exclusion Act of May fifth, eight- een hundred and ninety-two, as amended by the Act of November third, eighteen hundred and ninety-three. ***** Provided, That collectors of internal revenue shall not ,^No^ees^to^TOi- receive any fee or other compensation for the registration, ^™«on <>' «««»- and issuance of certificates of residence to, Chinese labor- ers who are entitled to remain in the United States under the provisions of the said laws. Approved December 7, 1893. 3725—07 4 24 ACT OF 1894, RESOLTJTIOIir OF 1898, AND' ACT OF 1900. ACT OF ATJGXTST 18, 1894. (28 Stat., pp. 372-390.) AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. cision. Son^^'*'' °' ^^' In every case where an alien is excluded from admis- sion into the United States under any law or treaty now existing or hereafter made, the decision of the appropri- ate immigration or customs officers, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the Secretary of Commerce and Labor. ***** Approved, August 18, 1894. JOINT RESOLTITION OF JULY 7, 1898. (30 Stat, p. 751.) lands™""'" ^" * * * There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the entou"a torn laws of the United States; and no Chinese, by reason of Snd^.^"*" i^- anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. ACT OF APRIL 30, 1900. (31 Stat., pp. 141-161.) AN ACT To provide a government for the Territory of Hawaii. ***** Registration of Sec. 101. That Chinese in the Hawaiian Islands when waii. this act takes effect may within one year thereafter obtain certificates of residence as required by "An Act to pro- hibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the com- ing of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: Provided, however, That no Chinese ACTS OF 1900 AND 1901. 25 laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands. * * * * * Approved, April 30, 1900. ACT OF JUNE 6, 1900. (31 Stat., pp. 588-611.) AN ACT Making appropriations for sundry nivil expenses of the Government for the fiscal year ending June thirtieth, nineteen hun- dred and one, and for other purposes. * * * and hereafter the Conamissioner-General of gg'J'™^'^!™^- Immigration, in addition to his other duties, shall have ^'^^*J°°j. "^g!' charge of the administration of the Chinese exclusion lawj'^'^^l exclusion and of the various acts regulating immigration into the United States, its Territories, and the District of Colum- bia, under the supervision and direction of the Secretary of Commerce and Labor. * * * . * * Approved, June 6, 1900. ACT OF MARCH 3, 1901. (31 Stat, p. 1093.) AN ACT Supplementary to an act entitled "An Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, and fixing the compen- sation of commissioners in such cases. Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled. That it shall be lawful for the district attorney of the dis- united states •^ attorneys to des- trict in which any Chinese person may be arrested forig^^te commis- •^ r -J sioner before being found unlawfully within the United States, or having ^h^^^™ m'?^^® unlawfully entered the United States, to designate the United States commissioner within such district before whom such Chinese person shall be taken for a hearing. Sec. 2. That a United States commissioner shall be en- united states titled to receive a fee of five dollars for hearing and fees, deciding a case arising under the Chinese-exclusion laws. Sec. 3. That no warrant of arrest for violations of thCpj^^J^'^o^P™- Chinese-exclusion laws shall be issued by United States ^Hl^ ""^^ ''^ commissioners excepting upon the sworn complaint of a 26 ACTS OF 1901 AND 1902. United States district attorney, assistant United States district attorney, collector, deputy collector, or inspector of customs, immigration inspector. United States marshal, or deputy United States marshal, or Chinese inspector, 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 OF AFBIIi 39, 1902. (32 Stat, parti, 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. edwithountoi- SECTION 1 [as amended and reenacted by section 5 of ***^°°- the deficiency act of April 27, 1904, 33 Stat., pp. 394-428]. 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 teni- 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 T Transit per- States to another portion of said island territory: Pro- poss^tons"™'"'' vided, Jioweve?; That said laws shall not apply to the transit of Chinese laborers from one island to another 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. ACT OF 1902. 27 Sec. 2. That the Secretary of Commerce and Labor is commerce''''ana hereby authorized and empowered to make and prescribe, l^^l ^^f^^ l^^ and from time to time to change, such rules and regula- ^^l"!^^'™!'^^/' tions not inconsistent with the laws of the land as he may deem necessary and proper to execute the provisions of this Act and of the Acts hereby extended and continued 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 appoint such agents as he may deem necessary for the eiBcient execu- tion of said treaty and said Acts. Sec. 3. That nothing in the provisions of this Act or Admission ot any other Act shall be construed to prevent, hinder, or part in exMbi- restrict any foreign exhibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of anj^ foreign nation, of any concession or privilege from an}' fair or exposition authoiized by Act of Congress from Ijringing into the United States, under contract, such me- chanics, artisans, agents, or other employees, natives of their respective foreign countries, as they or any of them may deem necessary for the purpose of making prepara- tion for installing or conducting their exhibits or of pre- paring for installing or conducting anj^ business author- ized or permitted under or by virtue of or pertaining to any concession or privilege which may have been or may be granted by any said fair or exposition in connection with such exposition, under such rules and regulations as the Secretary of Commerce and Labor may prescribe, both as to the admission and return of such person or persons. Sko. 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 territory; and the Philippine Commission is authorized ^Registration of and required to make all regulations and provisions nee- ippine Manas, 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 28 ACTS OF 1902 AND 1903. 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 FEBBTTABY 14, 1903. (32 Stat, p. 825.) AN ACT To establish the Department of Commerce and Labor. Be it enacted hy the Senate and House of Mepresentatives of the United States of America in Congress assembled. Department ofpi^^t there shall be at the seat of government an executive Commerce and ° Labor created, department to be known as the Department of. Commerce and Labor, and a Secretary of Commerce and Labor, who shall be the head thereof; * * * and section one hun- dred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amend- ments thereto, are hereby made applicable to said Depart- ment. The said Secretar}' shall cause a seal of office to be made for the said Department of such device as the Presi- dent shall approve, and judicial notice shall be taken of the said seal. Examination Sec. 2. * * *, and the Auditor for the State and of accounts. " other Departments shall receive and examine all accounts of salaries and incidental expenses of the ofiice of the Sec- retary of Commerce and Labor, and of all bureaus and oflSces under his direction, all accounts relating to * * * immigration * * * and to all other 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 forthwith a copy of each certificate to the Secretary of Commerce and Labor. * * * * * Transfer of Bu- Sec. 4. That the following- named offices, bureaus, di- tton "indtafiS- visions, and branches of the public service, now and here- to'^'the Dep™t^tofore Under the jurisdiction of the Department of meroe^andLabOTi the Treasury, and all that pertains to the same, known as * * * the Commissioner-General of Immigration, ACT OF 1903. 29 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 uijder 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 con- strued 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 Authority to GnforC6 CiiinGSG the authority, power and jurisdiction now possessed and exclusion laws exercised by the secretary of the Treasury by virtue of secretary of ... 11 -n 11 -1 Commerce and any law in relation to the exclusion from and the residence Labor, within the United States, its territories and the District of Columbia, of Chinese and persons of Chinese descent, 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. 30 ACTS OF 1905. ACT OF FEBBTTABY 6, 190S. (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 PhiUppine Islands, and for other purposes. * * * * * Administra- Sec. 6. That the immigration laws of the United States gration laws in in foi'ce In the Philippine Islands shall be administered u.a^y by the officers of 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 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: Payment of ''''Provided, That the necessary expenses incident to the aliens detained detention of aliens ordered deported, whose attendance as as witnesses. ., . • i . , i m „ , t-t . , ,, Witnesses is required in behalf of the Umted States m prosecutions arising under the immigration laws, may be paid from the permanent appropi-iation for ' Expenses of Regulating Immigration.'" (Supplementing section 19, Immigration Act of March 3, 1903.) EXECUTIVE ORDER OF THE GOVERNOR OF THE PHILIPPINE ISLANDS. Government of the Philippine Islands, Executive Bureau, Manila, P. J., September ^S, 190 J,.. Executive Order No. 38. Whereas the Department of Commerce and Labor oi ^^^^^^%\^l-^ the United States has, under date of July twenty-seventh, isif^d"'^^'"^ 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. 48.] 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, from which any members of such excepted classes intend to depart from any insular territory of the United States." 31 32 PHILIPPINE EXECUTIVE OBDBK. Regulations ^jj(j ^hercas it is the desire of the government of the governing de- ~, , i n- m i /^i • parture f rompjjiiippjjjg Islands to afford to such eligible Chinese per- andadmissionto-^"'^ ff .,, -, ■ j. 3 ,. j. r Philippines of gpjjg residents of these islands, as desire to depart out oi Chinese ot ex- ' • j! jTu tt -i empt classes, ^he same for other parts or possessions oi the United 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. REGULATIONS GOVERNING THE ADMISSION OF CHINESE. (Approved February 26, 1907. ) Rule 1. Under the provisions of the treaty and laws in Admisaitie 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 persona 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. Rule 2. Only those Chinese persons who are expressly oniy those 1 Til- 1- specially e x - declared by the treaty and laws relating to the exclusion empted admis- 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 issued thereunder. (22 Op. At. Gen., 132.) If the Chi- laWnot'ap" nese person has been born in the United States, of parents f^^s^l^t Am^ri- who at the time of his birth have a permanent domicile "'^^ ''"'''• and residence in the United States, neither the immigra- tion acts nor the Chinese exclusion acts prohibiting per- sons of the Chinese race, and especially Chinese laborers, from coming into the United States apply to such person. (169 U. S., 653-706.) Rule 3. Chinese aliens shall be examined as to their ]aw?™a'|piy*'°o right to admission to the United States under the pro- c'l™^^® visions of the laws regulating immigration as well as under the laws in relation to the exclusion of Chinese per- sons. (24 Op. At. Gen., 706.) Rule 4. No Chinese person, other than a Chinese dip- Ports of entry. lomatic or consular officer and attendants, shall be per- 33 34 REGULATIONS GOVERNING ADMISSION OP CHINESE. mitted to enter the United States except at the ports of San Francisco; Portland, Oreg.; Boston; New York; New Orleans; Port Townsend; Eichford, Vt. ; Malone, N. Y. ; Portal, N. Dak.; Sumas, Wash.; Honolulu, Hawaii; San Juan and Ponce, P. R. ; San Diego, Cal., and Tampa, Fla. Applicants for RuLE 5. Immediately upon the arrival of Chinese per- be examined sons at any port mentioned in Rule 4 it shall be the duty prompt y. ^^ ^^^ officer in charge of the administration of the Chinese exclusion laws to have said Chinese persons examined 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 regula- tions shall be construed to authorize the boarding of ves- sels of foreign navies arriving at ports of the Dnited States for the purpose of enforcing the provisions of the Chinese exclusion laws. Examination Rux,E 6. The examination prescribed in Rule 5 shall of applicants. ^ ,. . , be separate and apart from the public, in the presence of Government officials and such witness or witnesses only as the examining officer shall designate: Provided, how- euer, That all witnesses presenting themselves on behalf of any Chinese applicant be fully heard. If upon the con- clusion of the hearing the Chinese applicant is adjudged to be inadmissible, he shall be advised of his right to appeal by a notice written or printed in the Chinese lan- guage, and his counsel 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 exami- nation is held, he also shall be notified in writing that the said Chinese applicant has been refused a landing, and shall be permitted to examine the record. Not consid- RuLE 7. Every Chinese person permitted to land from ered landed un- . . , . til lawiuiiy a vessel for examination at some designated port or tor 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 to RuLE 8. The master, agent, or owner of anv vessel or give notice of i o -> j 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 came. REGULATIONS GOVERNING ADMISSION OF CHINESE. 35 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. EuLE 9. Every Chinese person refused admission to pifS' to bcrel the United States, being actually or constructively on the l?rwhen°ceX"y vessel 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. Rule 10. Every officer in charge of the enforcement of keprat"^por?s of the Chinese exclusion laws at a port of entry shall cause ^°"'y- CO be kept in books, to be furnished by the Bureau of Immigration and Naturalization, complete records of every Chinese person arriving thereat, synopses of which for the next preceding month shall be forwarded upon appro- priate blanks to the Commissioner-General of Immigra- tion not later than the 10th day of each calendar month. Weekly reports upon forms furnished by the Bureau of Immigration and Naturalization must also be promptly returned. Rule 11. All certificates, or other evidence, offered by and^evidmce to Chinese persons to establish their right of admission to the portTof entry. "* United States, other than registration certificates and sec- tion 6 certificates, shall be retained by the officers in charge of the administration of the Chinese exclusion laws at ports of entry: Provided^ however^ That if the officer in charge Exception. shall have good reason to believe that any person present- ing a registration certificate is not the person to whom said certificate was issued, he shall take it up and forward the same to the Commissioner-General of Immigration at Washington, together with a statement of his reasons for so doing. Rule 12. Every Chinese person refused admission under t^t^ayslnowe"d the provisions of the exclusion laws by the decision of the '°' «"°s ■^''"'^^■ officer in charge at the port of entry may take an appeal to the Secretary of Commerce and Labor by giving writ- ten notice thereof to the officer in charge within two days, exclusive of Sundays and legal holidays, after such deci- sion is rendered. Rule 13. Notice of appeal provided for in Rule 12,e^^,g_P|tc.!'to shall act as a stay upon the disposal of the Chinese person ^Ithfil'fl'Je^^^^a* 36 REGULATIONS GOVERNING ADMISSION OF CHINESE. whose case is thereby affected until a final decision is ren- dered bj^ 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. Appeals- EuLB 14. Additional time for the preparation of cases teperiecJtag.°'Vill be allowed only when, in the judgment of the officer in charge, a literal compliance with Rule 13 would occasion injustice to the appellant or the risk of defeat of the pur- poses of the law. The reasons for the extension of time shall in every instance be stated in writing and forwarded with the appeal. Eeturn certifl- RuLE 1.5. The return certificate, provided by section 7 issued. of the act of September 13, 1888, shall be issued only to 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.) Return oertifi- RuLE 16. Administrative officers are herebv required, cates — evidence . . ^ „ . r^ on which to be m accordance with section 7 of the act of September 13, issued. ■ r~i 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 or grounds, 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. REGULATIONS GOVERNI-NG ADMISSION- OF CHINESE. 37 Ktjle 17. A Chinese laborer claiming the right to bet^^f^^f^^i^jf; permitted to leave the United States and return thereto, ^fo'^y^eTenl^^o under the terms of Eule 15, shall apply in person to thei^^"*^"'- immigration officer whose official station is most con- veniently 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 designated in Rule 4. Such written description shall be filed in dupli- cate, and to each shall be permanently attached a photo- graph 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 thor- ough examination as to the accuracy of the descriptive statement, whether the photograph accompanying the lat- ter 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 descrip- tive physical marks are accurately given, and will then write his official signature in part across such photograph and in part upon the adjoining portion of the written 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 immi- grant or Chinese inspector, make thorough investigation as to the facts stated by the applicant. As soon as prac- ticable thereafter the said officer will transmit the certifi- cate 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 EEGTJLATION8 GOVERNING ADMISSION OF CHINEBJfi. 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 certificate or certified copy of court record, the duplicate copy of said sworn statement, and the reports of investigation, the offi- cer in charge, or his deputy at said port of departure, after one month from the date of filing of the original applica- tion with the officer who investigated the case (or sooner if it is evident that the intent of the law — a thorough in- vestigation 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 departure from said port a certificate containing the number of the description referred to, in the following form: No. . UNITED STATES OF AMERICA. Certificate issued to Chinese laborer departing from the United States vnth the intention of returning thereto. This is to certify that , a Chinese laborer, described 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 become 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 the officer in charge at the port of exit as a means of iden- tification 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, unless pre- vented by sickness or other disability beyond his control. 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. REGULATIOKS QOVEENING ABMISSIOJST OF CHINESE. 39 Rule 18. Every departing Chinese laborer who has ^ ^^^ b^° ^ ef„« • been furnished with a return certificate under the pro-^^i^^ladvise^d TT;ai",->vic «-f „ i- fr n .1 ^ that Conditions Visions ot section 7 of the act approved September 13, Xn 'eTl? "11" 1888, must be informed by the officer by whom such cer- titiTfhem to re- tificate is granted that upon his return to the port of ^jg/'^"'*''"'"- 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. Rule 19. The officer issuing a return certificate to a de- . Laborers-ad- .. i-i- in interim mvesti- partmg laborer shall at the time of such issuance furnish |f °° °* ^^^^ said laborer with the following notice (properly filled out) and attached form of letter for his use in sending infor- mation of his intended return: Office of , POKT OF • (Date) , 19- Sie: In accordance with Bule 19 of regulations issued by the Secre- tary of Commerce and Labor, you are hereby informed that, in order 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 foreia;n address on the sub- joined blank form, and stating the ground or grounds on vifhich you claim the right to admission to the United States, as well as the occa- sion 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- Ofpicee in Charge Enpoec^mbnt 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 that I intend to return thereto through your port, per steamship , on or about , 19 — . I was granted return certificate No. , dated — , 19 — , and departed from your port per steamship on , 19—. 40 REGULATIONS GOVERNING ADMISSION OF CHINESE. 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 con- tinuously 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 acknowledgments of ascertained liability, and not colorably acquired for the purpose of evading the law : Due from , f . 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 required by the law and regulations. Respectfully, (Name) . At the same time there should be delivered to the de- parting Chinese laborer a copy of Department Form No. 423, "Instructions, in Chinese, to return notices issued under Rules 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. Return certifl- RuLE 20. The officer in charge at the port of departure SnoTaupiicates shall Send a copy of the certified description, with photo- graph of the person therein named attached, and also one 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 whiqh 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 respective ports, debiting themselves with the number of certificates received from the Department, crediting them- selves with the number used, and reporting the number EEGULATIONS GOVERNING ADMISSION OF CHINESE. 41 remaining on hand. The officers in charge shall cancel Return certifi- nil ««4- i-'ii j^ ■, cates to be can- all return certifacates presented on admission of returning ^eied. Chinese and forward said certificates so canceled to the Commissioner-General of Immigration. Rule 21. It shall be the duty of the officer in charge at ord'S?dJpalung the port of 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 identifi- cation 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 Commissioner- General of Immigration for every vessel or railway train transporting Chinese laborers to the United States. Rule 22. Upon the arrival of any returning Chinese ^ ^^fglfo^ of' laborer at a port of the United States designated in Rule ii§°atef°™ ''^'^' 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 admission until he establishes his right thereto. Rule 23.- If a returning Chinese laborer is admitted, tum'^o/reg^ra- his certificate of residence or certified copy of court rec- to°upo"nreadmis- 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 indorsing upon such return certificate his action in the case and the date thereof, the officer in charge shall forward it to the Com- missioner-General of Immigration, accompanied, if the Chinese applicant is denied admission, by said laborer's certificate of residence. Rule 24. Whenever a Chinese laborer holding a return ^^^b^ers^^ re- certificate is detained by his sickness or by other disabil- It^Teroonaufar ity beyond his control for a time in excess of one year omeers to certify after the date of his departure from the United States, the facts shall be fully reported to and investigated by the consular representative of the United States at the port or place from which such laborer departs for the United States, and such consular representative shall certify, to the satisfaction of the officer in charge at the 42 BEGITLATIONS GOVERNING ADMISSION OF CHINESE. 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 Consular offl- stated, such certificate to be delivered by such consular to be deiivere'd to representative to the master of -the vessel on which the mi^Mch laborer Chinese laborer departs for the United States and by the master delivered to the officer in charge at the port of return. Merchants, RxiLE 25. Evcry Chinese merchant resident within the vertigatlon 'of United States who desires to go abroad temporarily, to status prior to , . . ■ i • • u- departure. avoid unnecessary delay in securing admission upon nis 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 ex- cept 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, forward the report of such investigation, together with his views thereon, to the officer in charge at the intended port of Indorsement of departure f rom the United States. If the last-mentioned status upon pa- *^ pers. officer is satisfied of the truth of the statements contained 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: st&tns mwt re- Provided, however, That said merchant still retains, un- to entitle to ?ea^ changed, the mercantile interest owned by him at the time mission. Q^ j^jg departure. domio^ed^vi^sl RuLE 26. Evcry Chinese merchant resident within the foreign°eriftOTy^ United States, who desires to make a visit to contiguous foreign territory, may do so by complying with the provi- sions of Eule 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. In cases REQULATIOKS GOVERNING ADMISSION OF CHINESE. 43 where his mercantile status has been prima facie deter mined, 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, without further investigation. Rule 27. Chinese persons applying for admission upondomfcifed.'^^re- the ground of having been domiciled in the United States of™tatu7requ?r- as merchants shall be required to establish, to a reasonable ^ certainty, that they are actually owners of the business claimed or members of the firm owning such business, with proof of the amounts actually paid for their respec- tive interests, the times at which such payments were made, and, if residents of the United States during the period of registration, whether they failed to register, and, if so, the reason therefor. Rule 28. As an additional means of securing prompt ^Merohanu, action upon the case of every Chinese person seeking turnmg.- ad m- admission as a returning merchant, as well as to save him "on of status oi. 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 Rule 25, furnish him with the following notice (properly filled out) and attached form of letter for his use in sending notifica- tion of his intended return: Office of , Poet of ■ (Date) ■ 19- SiE- In accordance with Rule 28 of the Begulations of the Depart- ment of Commerce and Labor for the enforcement of Chmese Exclusion Laws, vou 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 y^ur claims to the right of admission, on ^1'^.-^^°'"^'^, ^"^. ^J may now, or within the time above mentioned, submit the evi dence required by law to establish your mercantile «^t"^;^ J^« said claims will, on receipt of such notice, be promptly investi- i a^TaTormal notification of the result of such investigation Im be sent to you at the address given. This decision is not rriryou afe - Precluded J-ue^^^ obtaining upon your arrival at a port or tne uni investigation of your claims. Respectfully, ^^^^^ ^^ ^^^^^^ , (Title of oflScer) • 44 EEGULATTONS GOVEENING ADMISSION OF CHINESE. (Address) (Date) , 19—. Officer in Charge Enforcement Chinese Exclusion Laws, Port of . Sir: In compliance with the above notification, deUvered 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 pro- prietor) of the store (or firm) of , at , in which my interest was, and still remains, f . I respectfully request that my claim be preinvestigated, and that I may be notified before , 19 — , at the above address, whether 1 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 necessar}' 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 and attached form of letter above described, he should also be furnished with a copy of Department Form No. 423, "In- structions, 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. mino'/ children ^^^^ ^^^ ^he Supreme Court having decided that the merchaS'ts^at^^^*'^^ "^'^® ^"^ minor children of a Chinese merchant mission of.' may be admitted 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 REGCLATIONS GOVERNING ADMISSION OF OHIIirESE. 45 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. Rule 30. The officers whose titles are given below have^.|<=''"°" s„«^''- been authorized by their respective Governments to issue designated to is- /'^il . 1 . . sue. 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 Kuang (Kuangtung and Kuanghsi). Tartar-general of Fu-chou and customs superin- tendent of Fu-k'ien. Governor of Anhui. Governor of Hunan. Governor of Shantung. Governor of Kiangsi. Customs taot'ai of Tientsin. Taot'ai of the Hui-Ning-Ch'ih-T'ai-Kwang circuit. Taot'ai of the Hang-chia-hu circuit. Acting taot'ai of the Ning-Shao-T'ai circuit. 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 or chargd d'aflPaires, Vienna. Belgium— Chinese minister or charge d'affaires, Brussels. Cuba— Chinese minister or • charge d'affaires, Habana. 46 REGULATIONS GOVERNING ADMISSION OF CHINESE. China — Continued. In countries foreign to China — Continued. England— Chinese minister or charg^ d'affaires, London. France — Chinese minister or charge d'affaires, Paris. Germany — Chinese minister or charg^ d'affaires, Berlin. Hawaii — Chinese consul-general, 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 charg^ d'affaires, Mexico City. Netherlands — Chineseministerorcharge d'affaires. The Hague. Peru — Chineseministerorcharge d'affaires, Lima. Philippine Islands — Chinese consul-general, Manila. Portugal — Chinese minister or charge d'affaires, Lisbon. Russia — Chinese minister or charge d'affaires, St. Petersburg. Siberia — Chinese commercial agent, Vladivostok. Spain — Chinese minister or charge d'affaires, Madrid. Straits Settlements — Chinese consul-general, Sin- gapore. Transvaal — Chinese consul-general, Johannes- burg. Cuba : Chief of immigration department. 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. 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. REGULATIONS GOVEBNING ADMISSION OP CHINESE. 47 Society Islands: Commissioner of police of the munici- pality of Papeete, Tahiti. Straits Settlements: Colonial secretary. Federated Malay States — Colonial secretary, federal secretarjj^, or secretary for Chinese affairs. Trinidad: Governor. Venezuela: Mayors of cities or governors of provinces. Rule 31. The certificates prescribed by section 6 of the section e cer- act of July 5, 1884, on which Chinese of the exempt class indorsed when are admitted to the United States, shall be indorsed by mg are admitted. officers in charge by writing across the face thereof in red ink the fact of the admission and the date thereof. After such indorsement the certificates shall be returned to the Chinese persons. Rule 31a. A student within the meaning of the treaty j^j^'^^^^'-"*^*- 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; (5) 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; (c) A person who studies to be fitted for some particular profession, occupation, or calling requiring a technical or otherwise special mental training; or (d) A person, already possessing a liberal education, who devotes himself to the study of special subjects or questions, as a student of manners, customs, institutions, politics, economy, history; And who, in any case, is also a person for whose main- tenance and support as a student in the United States adequate financial provision has been made or satisfactorily assured, or a person who, if he undertakes to provide for his own support, does not become a "laborer," or acquire any other status which would bring him within the class of Chinese persons excluded by statute or treaty; and who, in any case, is also a person whose intention it is, upon the conclusion of his studies, either to depart from the United States or, if he remains, to engage in no pursuit or calling which would render his presence in the United States unlawful. Rule 32. To prevent violations of law by Chinese sea- seamen-bond men discharged or granted shore leave at ports of the 48 BEGULATIONS GOVERNING ADMISSION OF CHINESE. United States, bond with approved security in the pen- alty of 1500 for each such seaman shall be exacted for his departure from and out of the United States within thirty days. Transit of la- RuLE 33. Every Chinese laborer seeking the privilege ments. of transit through the United States to foreign territory shall, as a condition precedent to being allowed such privi- lege, comply with the following requirements; and if such a person is found, in the judgment of the officer in charge at the port of arrival, to be seeking the privilege of transit with an ulterior purpose of gaining an unlawful access to the United States, he shall be refused permission to land: tobe^shiwn"'^^* (*) '^^® applicant shall be required to produce to the officer in charge of the enforcement of the Chinese exclu- sion laws at the port of arrival a prepaid through ticket across the whole territory of the United States, land or water, intended to be traversed (and to his alleged foreign destination according to the manifest of the vessel on which he arrives), and such other reasonable proof as may be required of him to satisfy the said officer that a bona fide transit only is intended and that the applicant does not seek the foreign destination named by him with an xilterior purpose of thereby gaining access to the United States in violation of law; and such ticket and other evidence in writing presented by the applicant must be so stamped or marked and dated by the said officer or his deputy as to prevent their use a second time; but no such applicant shall be considered as intending in good faith to make such transit only if he has already, on the same arrival, made application for and been denied admission to the United States. Bond required. (J) The applicant in such case, or some responsible per- son in his behalf, or the transportation company whose through ticket he holds, shall furnish to the said officer in charge a good and sufficient bond in the penal sum of |500, conditioned for applicant's continuous transit through and actual departure from the United States within a reason- able time, not exceeding in any instance twenty days from the date upon which said privilege is granted; but the said bond shall not be required of any such applicant who remains on shipboard for transit through the water terri tory of the United States, or who is transferred from one vessel to another vessel in a port of the United States for a similar transit, unless the vessel on which said applicant REGULATIONS GOVERNING ADMISSION OP CHINESE. 49 departs may touch at another port of the United States on the way to its foreign port or destination. (c) The applicant in every such case shall furnish to said ,5^°d°^™^'' '^" officer in charge, to be taken as directed by said officer, '^"" ' a photograph of himself in triplicate, together with such information as the officer in charge may require. Rule 34. The officer in charge of the enforcement of tore^-action of the Chinese exclusion laws at the port of arrival shall pre- Pacers concem- pare a descriptive list, to which one of the photographs required by Rule 33 (c) shall be attached, bound in book form, for file in his office, containing as to each Chinese laborer who is an applicant for the privilege of passing through the United States to foreign territory the follow- ing information: Name, age, sex, last place of residence, and the data referred to therein by file number required for his identification. To the said descriptive list there shall be attached a dated and signed statement by the said officer in charge that applicant has complied with all the provisions of Rule 33, and that, being assured of appli- cant's good faith, the privilege of transit under bond has been accorded him. Rule 36. Two copies of the bound descriptive list re- borer^opies^oi quired by Rule 34 shall be prepared by the officer in i^^^^pti^^ i*^'- charge on detached blanks corresponding in form with the said bound descriptive list, to each of which shall be at- tached one of the photographs required by Rule 33 (c), and upon both of said photographs, as well as on the one attached to said bound list, shall be stamped the seal of the said officer in charge, so placed as not to cover any part of the face. One of said copies shall be forwarded by the first mail after it is prepared to the officer in charge of the intended port of exit and the remaining one shall be given to the conductor of the train, or to the captain of the ves- sel, by which the Chinese laborer to whom they relate is carried, for delivery to the said officer at the port of exit. Rule 36. One of the copies described in Rule 35 shall J^fl'^.o^^e^e^: be retained by the officer in charge at the port of exit, f^'JJ^ J°| b'^^"^^ ■ for his files, and the other, after an indorsement has been made thereon, duly signed and dated, to the efi'ectthat the Chinese laborer named therein has been identified and has departed from the United States, shall be returned by mail to the officer by whom it was prepared, and its re- ceipt by him, duly executed as herein required, shall be his authority for cancellation of the bond given on behalf 50 REGULATIONS GOVEENING ADMISSION OF CHINESE. of the Chinese laborer, as provided in Rule 33 (5), to whom said descriptive list refers. Transit of ex- e,tjle 37. No Chinese person who shall satisfy the officer in charge that he is other than a laborer (although not supplied with the certificate provided for by section 6 of the act of July 5, 1884), shall be required to comply with so much of the provisions of Rules 33, 34, 35, and 36 as requires Chinese persons seeking the privilege of transit to submit photographs of themselves and to be measured. If, however, any such Chinese person, after having been admitted to pass in transit through the United States, be found therein at the expiration of twenty days from the date of such admission, he shall be deemed to be in the United States in violation of law and shall be deported. Insular terri- Rule 38. In vicw of the provisions of section 1 of the tory — a p plica- * cM^VsTresT^*^* approved April 29, 1902, it will be necessary for Chi- dents of exempt ngge persons of the exempt classes who are citizens or subjects of other insular territory of the United States than the Territory of Hawaii to comply with the terms of section 6 of the act approved July 5, 1884, and for this purpose the permission 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 officers designated for that purpose by the chief executives of said insular territories, and the duties imposed by section 6 of the act approved July 5, 1884, upon United States diplo- matic and consular officers in foreign countries in relation to Chinese persons of the said classes shall be discharged by the officers in charge of the enforcement of the Chinese exclusion acts at the ports, respectively, from which any members of such excepted classes intend to depart from any insular territory of the United States: Provide, how- ever. That the privilege of transit shall be extended to all Chinese persons other than laborers, as provided in Rule 37. Hawau. As by Section 4 of the act approved April 30, 1900 (31 Stat. L., 141), all persons who were citizens of the Republic of Hawaii on August 12, 1898, are declared to be citizens of the United States, persons of the Chinese race claiming such status may be admitted at either main- land or insular ports of entry upon producing evidence sufficient to establish such claim. Subjects of the Chinese Empire of the exempt classes residing in Hawaii must obtain certificates from the representative of their own REGULATIONS GOVERNING ADMISSION OF CHINESE. 51 government (the Chinese consul-general, Honolulu), and such certificates must be visaed by the inspector in charge of the immigration service' at said port, instead of by a diplomatic or consular officer. The civil governor of the Philippine Islands having, by Philippines, executive order No. 38, of September 23, 1904, designated the collector of customs, Manila, to issue to Chinese citi- zens of those islands the certificate provided by section 6 of the act of July 5, 1884, and it being impracticable, even if desirable, under existing circumstances, to require that such certificates shall be visaed, officers at ports of entry for Chinese will regard certificates issued to such Philip- pine citizens in the same manner as certificates issued by officials of foreign countries and viseed by American dip- lomatic or consular officers. Certificates issued by the Chinese consul-general, Manila, to subjects of the Chinese. Empire residing in the Philippines will be visaed by the collector of customs at Manila, and when so visaed will be accorded the usual consideration. Rule 39. A Chinese person presenting an authenticated Natives—ac- , ^ ^ ceptance of cer- copv of a iudicial finding that he was born in the United tified copy of ■^•^ •• ^ ^ ^ court record. States must identify himself as the person to whom such authenticated copy purports to relate. Rule 40. Certificates of residence issued to Chinese certificates of , , . . residence to be registered laborers, if found elsewhere than in possession taken upiffound ° ' , ^ elsewhere than of persons to.whom issued, should be taken up and depos- in possession of ^ ' . 11 persons to whom ited with the officer in charge, subject to orders of the issued. Department of Commerce and Labor. Rule 41. Chinese laborers duly registered under act certificates of rCSlQGIlCG of 1892 are not required to register under act of 1893 tounder act of 1 . . .1 • 1 ■ 1 TT ■ 1 o 18^2 sufficient. secure admission to or residence within the United States. Rule 42. The authority, power, and iurisdiction in certificates of . „ „, . 1 c 71 • 1 residence — offl- relation to the registration of Chinese lawfully resident cer empowered ° , to issue. in the United States, formerly vested by law in collectors of internal revenue, have been transferred to the Com- missioner-General of Immigration, Washington, D. C. Rule 43. Hereafter an original certificate of residence certificates ° I /» 1 *^^ residence — can be issued to a Chinese laborer only upon the finding method, of issu- « T r • JO 'h& originals. of a justice, judge, or commissioner of a United States court that such Chinese laborer was a resident of the United States during the period of registration and that by reason of accident, sickness, or other unavoidable •cause, he was then unable to secure such a certificate; except under section 4 of the act approved April 29, 1902. 52 EEGULA.TIONS GOVERNING ADMISSION OF CHINESE. of'^^eaidence- R^LE M. Duplicate certificates of residence will be iS^'Tu "^Urates™ issued only upon satisfactory proof to the Commissioner- General of Immigration that the Chinese person upon whose behalf application therefor is made has actually, by unavoidable accident, lost his original certificate. certiflcates- RuLE 45. Officers in charge of the enforcement of the none to be issued ^ vfde^' in ^ tS tlhinesc exclusion laws shall not issue any certificate, let- reguiations. ^-gj.^ qj. other document, or any duplicate thereof, other than those provided for by law and these regulations, set- ting forth the status of a Chinese person as a resident of this country, or otherwise indorsing such person. Certificates- Rule 46. No Chinese laborer found within the United opportunity to duce^™ *° ''™' States without the certificate of residence prescribed by law shall be arrested until he has been allowed a reason- able opportunity, under the surveillance of the officer charged with the enforcement of the law, to produce such certificate. If he fails to produce such certificate after he has been given a reasonable opportunity to do so, he shall be taken by such officer before a justice, judge, or com- missioner of a United States court in order that a warrant may be issued, upon the oath of such officer, for the com- mitment and trial of the said Chinese laborer. od'^'of'Sring ^°^i^ ^'^- The Comptroller of the Treasury having, on Kn. "^^°"*" ^Pi'il 1^' 1905, rendered a decision to the effect that the expense of photographing Chinese arrested within the United States may properly be paid from the appropria- tion for the "Enforcement of the Chinese exclusion acts," the practice with respect to the photographing of such persons heretofore existing will be modified to the extent indicated by the following: Photographs in («) Every Chinese person whose arrest is caused by an triphcate. immigration or other official will be photographed imme- diately upon the consummation of the arrest, the photo- graph to be prepared in triplicate and not retouched nor mounted, one copy to be attached to the United States court or commissioner's docket, one to be furnished the officer in charge of the district in which the arrest occurred, and the other to be attached (in the event that deportation is finally ordered) to the writ of deportation. graph's ''t'J)°b''e (^) When arrests occur at stations the officers of which Sli%fflcers,""'''are supplied with photographers' apparatus, the photo- graphs will be made by such officers; when in other locali- ties, the immigration officers will have the photographs made by local photographers at the least possible expense compatible with a proper performance of the work, bills REGULATIONS QOVEKNING ADMISSION OF CHINESE. 53 therefor to be rendered on the blank vouchers supplied for rendering accounts, payable from the appropriation "Enforcement of the Chinese exclusion acts." (c) The copy of the photograph attached to the docket Docket. of the court or commissioner should be permanently af- fixed thereto and in such manner as to render as remote as possible the chance of any change or substitution being made: (d) The copy furnished the officer in charge of the dis- oaice record. trict will be placed in his office records, together with a short history of the case to which it relates, being filed in such manner as to furnish a comprehensive record that can be readily referred to when needed at any future time. (e) The copy attached to the writ in case of deportation tauon! °' ^^^'^' should be affixed permanently thereto, and in such man- ner as to prevent the substitution of some other photo- graph therefor (the best method of obtaining this result being the impression of the court or commissioner's seal over the edge of such photograph but in such manner as not to mar or deface the features represented thereb}^), the objects of its use being to afford a means to the mar- shal of identifying his prisoner as the person referred to in the writ, and to supply the immigration official at the port of deportation with a means of identifying the per- son delivered on board the vessel as the person to whom the writ relates. (y) Inspectors should request, and will undoubtedly cooperation. receive, the full cooperation of commissioners or judges and marshals or deputy marshals, so far as necessary, in carrying out the above instructions. Exile 48. The Department of Justice, under date of united statesaT August 26, 1897, gave the following instructions: tomeys United States attorneys are hereby directed, either in person or by their assistants, to appear on behalf of the Government to secure the proper enforcement of the law at all hearings held in their respective districts, to determine whether Chinese persons or persons of Chinese descent who have been arrested under the Chinese exclusion laws have a lawful right to remain in ttis country. Rule 49. Orders for the deportation of Chinese persons ^^ ^So^mieTs can be made only by a justice, judge, or commissioner of ™ay be issued. a United States court upon his decision that such Chinese persons have been found to be unlawfully within the United States, and the cost of making any such deporta- tion is payable from the appropriation for the enforcement of the Chinese exclusion laws. 54 REGULATIONS GOVEKNING ADMI8SI0K OP CHINESE. chi'^eainoide^ KuLE 50. The appropriation " Enforcement of the Chi- t°- nese exclusion acts" should be charged with the following expenses: (a) The cost of maintenance of Chinese persons who are taken into custody up to and including the date upon which warrant issued by a United States judge or com- missioner is received by the marshal. " (b) The cost of maintenance of Chinese prisoners com- mencing with the date writ of deportation is first received by the marshal, provided the said order of deportation is not subsequently reversed upon appeal. (c) The cost of deportation, including railroad and steamship fares of prisoners and marshal or deputy, au- thorized expenses for guard hire, and maintenance en route. Deportauon— Upon receiving writs of deportation marshals should instructions to ^ " ^ /^ • • ^-, i United State Sat once make written report to the Commissioner-Greneral marshals. '^ o /^ i x of Immigration, Department of Commerce and Labor, Washington, D. C, giving names of the prisoners, where confined in jail, and when the period of appeal provided by section 13 of the act approved September 13, 1888, will expire. Instructions will then be issued as to the route to be followed, number of guards to be employed, and to whom accounts are to be presented or forwarded for settlement. Designation RuLE 51. Under the authority conferred by section 7 of and location of ^ ^ . officersincharge. the act approved February 14, 1903, entitled 'An act to establish the Department of Commerce and Labor," the authority, power, and jurisdiction in relation to the exclu- sion of Chinese persons and persons of Chinese descent heretofore vested by law in collectors of customs have been conferred upon and vested in ofiScers in charge of dis- tricts as follows, such officers being under the control of the Commissioner-General of Immigration: Title of ofificer. Location of head- quarters. Extent of districts. Commissioner of Immigration . . Chinese Inspector in Charge Commissioner of Immigration. . . Chinese Inspector in Charge Boston, Mass . New York.N.Y... Philadelphia, Pa . Charleston, S.C. Maine, New Hampshire, Massachusetts, Connecti- cut, Vermont, and Rhode Island. New York and New Jersey. Pennsylvania, Delaware, , Maryland, Virginia, West Virginia, and District of Columbia. North Carolina and South Carolina. a Regarding cost of photographing, see Eule 47. KE&ULATION8 GOVERNING ADMISSION OF CHINESE. 55 Title of officer. Location of head- quarters. Extent of districts. Chinese Inspector in Charge Mobile, Ala Georgia, Florida, and Ala- bama. Louisiana and Mississippi. Chinese Inspector in Charge New Orleans, La Chinese Inspector in Charge Toledo, Ohio Ohio. Chinese Inspector In Charge Chicago, 111 Illinois, Indiana, Kentucky, and Tennessee. Chinese Inspector in Charge Detroit, Mich Michigan. Chinese Inspector in Charge Minneapolis, Minn . Minnesota and Wisconsin. Chinese Inspector in Charge St. Louis, Mo Missouri, Iowa, and Arkan- Chinese Inspector in Charge Portal, N. Dak North Dakota and South Dakota. Chinese Inspector in Charge Denver, Colo Colorado, Nebraska, Kan- sas, Indian Territory, and Oklahoma. San Antonio, Tex . . Texas, New Mexico, and Arizona. Chinese Inspector in Charge Helena, Mont Montana and Idaho. Chinese Inspector in Charge SaltLakeCity,Utah. Utah, Nevada, and Wyo- niing. Chinese Inspector in Charge — Port Townsend, Wash. Washington (except Su- mas). Chinese Inspector in Charge Sumas, Wash Sumas, Wash. Chinese Inspector in Charge Portland, Oreg Oregon. Commissioner of Immigration . . . San Francisco, Cal.. California. Chinese Inspector in Charge Richford, Vt Richford, Vt. Chinese Inspector in Charge Ketchikan, Alaska . Alaska. Commissioner of Immigration. . . San Juan, P. R Porto Rico. Chinese Inspector in Charge Honolulu, Hawaii.. Hawaiian Islands. EcLE 52. All rules and regulations for the enforcement raies^resciLdld ' of the Chinese exclusion laws inconsistent with these rules are, in so far as inconsistent, hereby rescinded. F. P. Sargent, Commissioner- General of Imrmigration. Approved February 26, 1907. Oscar S. Straus, Secretary. INDEX. Page. Accident, delay in procuring certificate of residence due to 15, 19, 20, 41 Accounts, examination of Department 28 Acts of Congress relating to Chinese immi- gration- May 6, 1882, as amended in 1884 7 September 13, 1808 .-. 14 May 5, 1892 18 February 15, 1893 22 November 3, 1893 22 December 7, 1893 23 August 18, 1894 24 July 7, 1898 24 April 30, 1900 24 June 6, 1900 26 March 8, 1901 25 April 29, 1902 26 February 14, 1903 28 February 6, 1905 30 MarchS, 1905 30 Admissible classes of Chinese 33 Admission of Chinese, Department regula- tions governing 33 Affirmative proof, applicants for admission must furnish 18 returning Chinese laborer must furnish . 41 Agents, appointment of, to enforce laws 27 Alaska, immigration into 26 Angell, J. B., commissioner for the United States 3 Appeal, additional time for perfecting 36 applicant apprised of right to 34 finality of decision of Secretary of Com- merce and Labor on 24 habeas corpus proceedings on 19 provision for, from deportation order. . 17 time allowed for perfecting 35 two days allowed for filing notice of. . . 35 Applicants, private examination accorded to 34 Arrest, warrant required for 25 Arthur, Chester A., signature of 6 Articles of the treaty of 1881 — Article I. Immigration of laborers for- bidden ^. 4 Article 11. Exempted classes of immi- grants 4 Article III. Treatment of Chinese sub- jects in the United States 4 Article IV. Legislation and modifica- tions provided for 6 Assets, laborer may return if he has certain . 14 Authority of State officers in Chinese cases. 13 Bail, application for writ of habeas corpus does not permit of 19 pending deportation, Chinese may not be released on 23 Page. Birth, court record evidence of 51 Blaine, James G. , signature of 6 Bond, laborer in transit must give 48 seamen on shore leave must give 47 Boston, Chinese may be admitted at port of 16 Brazil, oflficers who may issue certificates to Chinese subjects of 45 Burden of proof, applicant for admission must bear 18 Cancellation of return certificates 40 Certificate, disposition of suspected 35 exempt classes must have 10 expenses of deporting laborer with, section 6 13 See also Section 6, certificates 10 immigration oflicers 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 35 rules for issuing 45,61 See also Merchant; Return certificate. Certificate of identity, departing laborers and domiciled merchants must be given 9, 42 Certificate of residence, Chinese in insular possessions must have 27 disposition of misplaced 48 laborers required to procure 19, 20, 52 person not a laborer may procure 20, 21 photograph of laborer must appear on . 23 procedure for procuring duplicate 52 procedure if laborer fails to produce ... 62 See also Resident laborer. Charges incident to deportation 54 Child, admission of domiciled merchant's . 44 laborer may return if he has a resident. 14 China, officers who may issue section 6 cer- tificates to subjects of 45 Citizenship, Chinese forbidden 13 Collectors of internal revenue, no fees for registration by 23 Colonies. See Insular possessions. Commissioners, fees of United States 25 names of the treaty 3 Commissioner-General of Immigration, ex- ecution of exclusion laws placed un- der ' 25 Consular officers, exception in favor of Chi- nese 18 refusal to admit Chinese must be certi- fied to Chinese 34 Consular vis6, certificates must bear 11 Contagious diseases. President authorized to guard against 22 57 58 INDEX. Page. Contiguous foreign territory, visits of mer- chants to 42 Contracting parties to treaty 3 Country other than China, deportation to . 18 Court record as evidence of lawful resi- dence 36 Criminals, registration not permitted to . . . 21 Cuba, oflB.cers who may issue certificates to Chinese subjects of 45 Curiosity, no restrictions on travelers for .. 4 Dates of treaties with China 3 Debts, laborer may return if there is due him 81,000 in 14 Decision, unless appealed immigration offi- cers will give final 24 Definition of term " laborer " 14, 22 Definition of term ' ' merchant " 22 Departing laborers, collector to make in- ventory of 8 Department of Commerce and Labor, act establishing 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 17, 30, 54 issuing of order of 53 procedure for 13, 17, 53 Description of departing and returning la- borer 37, 40 Diplomatic officers, law does not apply to. . 13, 18 Disability, certification to delays in return caused by 15, 19, 20, 41 Disease, President authorized to guard against importation of 22 District attorneys, duties of 25, 53 Districts, extent of Chinese immigration . . 54 Domiciled merchants. See Merchant, Dominion of Canada, officers who may issue certificates to Chinese subjects of 45 Duplicates and stubs, disposition of, to re- turn certificate 40 Entry of Chinese by land 13 Evidence for admission, certificates shall be sole 11 Exceptions for resident laborers and vessels in distress 8 Exceptions to laws, for men admitted for expositions 27 Exclusion laws, Commissioner-General of Immigration to enforce 25 time limit on 7, 18, 26 Executive order of governor of Philippine Islands 31 Exempted classes, certificates for 10, 20, 21 transit of 50 what constitute 4, 18, 33 Exempt from examination, Chinese on vessels of foreign navies 34 Expenses of deportation, liabilityXor. 13,17,30,35 Expositions, admission of Chinese to take part in 27 "Fees, collectors of internal revenue not to collect, for registration of resident laborers 23 Page. Fees, United States commissioners entitled to 25 Felons, registration denied 21 Fines, fraud in uttering certificates pun- ishable by imprisonment and 11 persons who bring laborers into United States subject to 8 Fish merchants, exemption does not in- clude 10, 22 Forms of certificates and notices — Instructions in Chinese to return formal letter 44 Instructions to departing laborer 39 Laborer's return certificate 38 Notice of return of domiciled merchant. 43 Notice to immigration officer of laborer's intention to return 39 Notice to merchant to establish status before return 43 Foreign navies, Chinese on vessels of 34 Foreign tax, deportation to China to avoid. 18 Forgery of certificate, penalty for 17 Fraud, certificates procured by 11,17,21 Guatemala, officers who m^ay issue certifi- cates to Chinese subjects of 46 Habeas corpus, application for writ of 19 Hardship to Chinese subjects, provisions against 5 Hawaii, admission of Chinese citizens of. . . 50 Chinese immigration laws extended to. 24 officers who may issue certificates to Chinese in 46 registered laborers in, not permitted to enter United States 24 United States not open to Chinese from. 24 Head tax, method of collecting 29 Honolulu, Chinese may enter through port of 34 Hsien Feng, eighth year of, date of first treaty , 3 Hucksters, exemption does not apply to... 10,22 Identification, manner of 8, 23, 36, 41 Immigration, jurisdiction of Department of Commerce and Labor over 28 Immigration laws appl y to Chinese 33 Imprisonment of debarred Chinese, law for, declared void 19 Infectious diseases, President authorized to guard against importation of 22 Instructions to departing laborer 39 Insular possessions, exclusion laws apply to 26.27 exclusion laws permit transit in 26, 27, 31 regulations governing migration of Chinese from 32 transit from and between 50 Investigation, status of laborer subject to ad interim 38 status of domiciled merchant subject to. 42 Japan, officers who may issue certificates to Chinese in 46 Joint resolution of December 7, 1893 23 July 7, 1898 24 INDEX. 59 Page. Knangahu, sixth year of, immigration treaty signed in 5 Laborers, ad interim investigation of status oi 39 conditions for transit of 43 definition of term 14, 22 description of departing and returning. 40 exception in favor of resident 8 exclusion of, under laws of 1882 and 1884 . 7 instructions to departing 38, 39 law regulating return of 14 limitation and suspension of immigra- tion of i notice of intended return of 39 procedure for registration of resident . . 51 readmission of returning 41 record of departing and returning 41 registration of Hawaiian ^ 24 registration of resident 19, 20 Laborer's return certificate, evidence on wMch to issue 36 form of .- 38 law of '. 15 procedure for procuring 36 transfer avoids 38 ■ Land, entry of Chinese by 13 ' ' Landed, ' ' definition of the term 34 Laundrymen, laborer includes the occupa- tion of , 22 Law, regulations for enforcement of the. . . 16-21 Legislation, treaty provides for B Letters notifying collector of intended re- turn of Chinese. See Forms. Li Hungtsao, treaty commissioner for China 4 Limitation, exclusion laws relieved of time. 26 Macau, officer who may issue certificates to Chinese in 46 Mainland, definition of the term 26 Malone, N. Y., Chinese may enter through port of 34 Marriage, condition3,of laborer's, entitling him to readmission.. 14 Masters, duties of, with regard to deporta- tion of Chinese 34 liabilityof , for carrying excluded classes 7 penalty for violations by 16 sworn list of passengers to be furnished by 11 Merchant, ad interim investigation of status of domiciled 43 admission of wife and children of domi- ciled 44 certificates for 10 condition for visits to contiguous for- eign territory by 42 definition of the term 22 no restrictions on Inunigration of 4 notice of intended return of domiciled. 43 proof of status required from returning domiciled '*3 status prior to departure of domiciled . . 42 testimony required to establish status asformer 23 Page. Mexico, officers who may issue certificates to Chinese in 46 Miners, "laborer" includes 22 Modifications, treaty provides for 5 Natives of United States not excluded 33 Nativity, court record accepted as proof of. 51 TSTatmralization, Chinese, forbidden 13 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 34 Notices relative to return. See Forms. Officers, before whom deportation proceed- ings may be brought 17 Officers in charge, designation and loca- tion of 54 Office record 53 Overtime certificates, consular officers to certify to 41 Pao Chun , commissioner for China 4 Parent, laborer may return if he was a resi- dent 14 Passengers, masters to furnish sworn list of. 11 Peddlers, class of merchants does not in- clude 10, 22 Peking, treaty signed at 3 Penalty, laborers brought into United States under 8, 12 unlawful landing of Chinese under 12 use of fraudulent certificates under 11 violations not specified under 14 violation on part of master under 16 Period of exclusion 7, 18, 26 Philippines, administration of immigration laws in 30, 31 certificates issued to Chinese in 50 officers who may issue certificates to Chinese in 46 Philippine Commission, time for registra- tion may be extended by the 28 Photograph, Chinese laborer's certificate must contain 37 laborer in transit must furnish a 49 officers authorized to order 52 requirement with regard to 16 section 6 certificate mustcontain 23 Ponce, Chinese may enter through port of. 34 Port, departure and readmission must be at same 16 Portal, N. Dak., Chinese may enter through port of 34 Portland, admission of Chinese at port of.. 16 Ports, Chinese may be admitted only through certain 16,34,52 Port Townsend, Chinese may be admitted through port of 16 Portugal, officers who may issue certificates to Chinese subjects of 46 Preamble, act of 1882 and 1884 7 treaty of 1881 3 Privileges, Chinese subjects in United States 4 Proclamation, treaty made known by 3 60 INDEX. Page, Promiasory notes, readmission will not be granted on evidence of indebtedness sbown by 15 Proof, Chinese claiming rightto be in United States must show affirmative 18, 43 Property, laborer may return if he has cer- tain 14 Quarantine, President may declare a total. 22 Ratification of treaty 5 Railway company, expense of transporta- tion to be borne by 35 Readmission, port of departure must be that of 16 returning laborer's 41 Record, applicant's attorney and Chinese consul allowed to examine 34 departing and returning laborer's 41 manner of keeping ofl&ce 53 port of entry required to keep certain. 35 Reentry of laborers, certificates providing for 8 Registration, fees not collectible for 23 jurisdiction over 51 laborers in Hawaii must submit to 24 on e certificate of, 8ufB.cient 51 resident laborer' s 19, 20 return to laborers of certificate of 41 Regulations, admission of Chinese under certain 33-55 enforcement of immigration laws under certain 27 power for making 16, 21 Reports, immigration officers to make 35 Resident laborer, certificate must contain photograph of 23 certificates required of, in islands 27 exception of 8 no fees for registration of 23 one registration sufficient for 51 registration of 19,20 Return certificate, cancellation of 40 evidence on which to issue 36 form of 38 persons entitled to 36 Returning laborers, readmission of 41 Richford, Vt, Chinese may enter through * port of 34 Rules for administering laws for admission of Chinese — Rule 1. Admissible classes 33 Rule 2. Persona constituting admissible classes 33 Rule 3. General immigration laws ap- ply to Chinese 33 Rule 4. Ports at which Chinese may enter 33 Rule 5. Chinese applicants must be ex- amined promptly 34 Rule 6. Examination of applicants and witnesses 34 Rule?. Legal interpretation of term "landed " 34 Rule 8. Notice of sailing required 34 Rule 9. Expense of deportation to be borne by transportation company. . . , 35 Rules for administering laws, etc. — Con, Page, Rule 10. Ileports to be made monthly.. 35 Rule 11. Certificates to be taken up at ports of entry 35 Rule 12. Two days allowed for filing no- tice of appeal 35 Rule 13. Time allowed for perfecting an appeal 35 Rule 14, Additional time for perfecting appeal 36 Rule 15. Persons entitled to return cer- tificates 36 Rule 16. Evidence on which to issue re- turn certificates 36 Rule 17. Laborer's return certificate 37 Rule 18. Conditions for readmission must remain as on departure 39 Rule 19. Ad interim investigation 39 Rule 20. Duplicates and stubs of return certificates 40 Rule 21. Record of departing and re- turning laborers 41 Rule 22. Readmission of returning la- borers 41 Rule 23. Return of registration certifi- cates 41 Rule 24. Consular certificates regarding laborers' overtime 41 Rule 25. Status of domiciled merchants prior to departure 42 Rule 26. Visits of domiciled merchants to contiguous territory 42 Rule 27. Returning merchants miust prove status 42 Rule 28. Ad interim investigation of status of returning merchant 42 Rule 29. Wife and children of domiciled merchant 44 Rule 30. Officers that may issue certifi- cates 46 Rule 31. Indorsement on section 6 cer- tificates 47 Rule 31a. Definition of student 47 Rule 32. Bond required for Chinese sea- men on shore leave 47 Rule 33. Conditions for fransit of labor- ers 48 Rule 34. Duties of officers with regard to laborers in transit 49 Rule 35. Descriptive list of laborers in transit 49 Rule 36. Cancellation of bond of labor- er in transit 49 Rule 37. Transit of exempt classes 50 Rule 38. Administration of laws in in- sular possessions 50 Rule 39. Court record as evidence of na- tivity 51 Rule 40. Certificates of residence not in possession of rightful owner 51 Rule 41. Registration under one act suf&cient 51 Rule 42. Jurisdiction over registration of Chinese 51 Rul.. 3* 62 INDEX. Page. San Francisco, admission of Chinese at port of 16 San Juan, Cliinese may enter through port of 34 Seamen, bond required for Chinese 47 Secretary of Commerce and Labor, appeals to 24 Shuster, W. Morgan, certificates of depar- ture from Philippines to be issued by . 32 Sickness, certification for delays in return caused by 41 delay in procuring certificate of resi- dence due to 19, 20 extra time allowed a Chinese laborer on account of 15, 41 Signatures of commissioners 6 Society Islands, officers who may issue cer- tificates to Chinese in 47 State officers, authority of in deportation cases 13 Status of merchantsmustremain unchanged during absence 42 Steamship company, expense of deporta- tion to be borne by 36 Straits Settlements, officers who may issue certificates to Chinese in the 47 Stubs, disposition of, to return certificates. . 40 Student, definition of 47 Students, no restriction on immigration of. 4 Subj ects of China, rights in United States of . 4 Sumas, Wash., Chinese may enter through port of 34 Swift, J. F. commissioner for the United States 3 Sworn list of passengers, masters to fur- nish : 11 penalty for refusing to furnish 12 Tampa, Chinese may enter through port of. 34 Tax, deportation to China to avoid 18 method of collecting head 29 Page. Teachers, immigration of 4 Ticket, laborer in transit must have pre- paid 48 Time limitation, exclusion laws relieved of. 26 Tourists, certificates for 11 no restriction on immigration of 4 Transit, conditions for laborer's 48 exempt classes in 50 Insular possessions 60 Transportation company, expenses of de- portation to be borne by 36 Travelers, certificate for 11 Treatment of Chinese subjects in United States 4 Treaty of 1880, text of the , S Trescott, W. H., commissioner for the United States 3 Trinidad, officer who may issue certificates to Chinese in 47 Tung Chih, seventh year of, year of the second treaty with China 3 United States attorneys, duties of 63 Unlawful landing, penalty for assisting in. 12 Venezuela, officers who may issue certifi- cates to Chinese in 47 Vessel, exception in favor of, in distress... 8 master of, liable for infractions of laws. 7 violations punishable by forfeiture of . . 12 Vis6, certificates must have consular 11 :^ Warrant for arrest, rules for issuance of . . . 26 " Wife, admission of, of domiciled merchant. 44 laborer may return if he has a resident: 14 Witnesses, examination of 34 expenses of aliens detained as 30 Wong Wing, decision in case of 19 Wright, Luke E., proclamation by 32 Writ of deportation, identification by the. . 53 o