MAIN 8 : OF COMMERCE AND LABOR GRATION AND NATURALIZATION TREATY, LAWS, AND REGULATIONS GOVERNING IE ADMISSION OF CHINESE REGULATIONS APPROVED FEBRUARY 26, 1907 " Edition of February, 1909 (Embodying Amendments to Rule 39) WASHINGTON GOVERNMENT PRINTING OFFICE 1909 DEPARTMENT OF COMMERCE AND LABOR f | ; ! BUREAU OF IMMIGRATION AND NATURALIZATION : TREATY, LAWS, AND REGULATIONS GOVERNING \ 3 » ' THE ADMISSION OF CHINESE REGULATIONS APPROVED FEBRUARY 26, 1907 tp EAI Ac pen " Edition of February, 1909 (Embodying Amendments to Rule 39) AE rem ’ \ nro 4 : § G 9 WASHINGTON : 2 GOVERNMENT PRINTING OFFICE : ; 1909 DEPARTMENT OF COMMERCE AND LABOR BUREAU OF IMMIGRATION AND NATURALIZATION TREATY, LAWS, AND REGULATIONS GOVERNING THE ADMISSION OF CHINESE REGULATIONS APPROVED FEBRUARY 26, 1907 Edition of February, 1909 (Embodying’ Amendments to Rule 39) WASHINGTON GOVERNMENT PRINTING OFFICE 1909 TREATY CONCERNING THE IMMIGRATION OF CHINESE. TREATY BETWEEN THE UNITED STATES AND CHINA, CONCERNING IMMIGRATION. [Concluded November 17, 1880; ratification advised by the Senate May 5, 1881 ; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881.] By tHE PreSDENT oF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Treaty between the United States of America 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 1858, a treaty of peace and friendship was con- cluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed: — and November 17, 1880. 22 Stat., 826. ‘Proclama- tion. \ Preamble, Whereas the Government of the United States, hecause of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the em- barrassments 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 America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Tres- 368354 Contracting parties. 4 sit ERE OF NOVEMBER 17, 1880. oot. of South Caraling as his Commissioners Plenipoten- “tiary ; and His Imperial Majesty, the Emperor of China, has appointed Pao Chiin, a member of His Imperial . Majesty’s Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Imperial Majesty’s Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipo- tentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following arti- cles in modification. AgrricLe I. Chinese la- > vj ho nie Whenever in the opinion of the Government of the Hon ond sis United States the coming of Chinese laborers to the migration of. [Jpited States, or their residence therein, affects or threatens to affect the interests of that country, or to en- danger the good order of the said country or of any local- ity within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it.# The limitation or sus- pension shall be reasonable, and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Leg- islation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regu- lation, limitation, or suspension of immigration, and im- migrants shall not be subject to personal maltreatment or abuse. ArricLe 11. Chinese sub Chinese subjects, whether proceeding to the United Unitea States. States as teachers, students, merchants or from curiosity. together with their body and household servants, and Chtacse laborers who are now in the United States shall be allowed to go.and come of their own free will and ac- cord, and shall be accorded all the rights, privileges, im- munities, and exemptions which are accorded to the citi- zens and subjects of the most favored nation. ¢ Amended by various provisions of law prohibiting the admis- sion of Chinese laborers to the United States. TREATY OF NOVEMBER 17, 1880. 5 Artic ITI. If Chinese laborers, or Chinese of any other class, ene sib now either permanently or temporarily residing in the UnitedStats- territory of the United States, meet with illtreatment at privileges of. the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. ArticLE IV. The high contracting powers having agreed upon the Future legis- foregoing articles, whenever the Government of the United States shall adopt legislative measures in accord- ance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result. In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be ex- changed at Peking within one year from date of its execution. Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day. James B. ANGELL. [SEAL] Signatures. Jou~x F. Swrrr. [SEAL] Wu. HENRY TRESCOT. [SEAL.] Pao CHUN. [SEAL] Li Hu~garsao. [SEAL.] And whereas the said Treaty has been duly ratified on Proclama both parts and the respective ratifications were ex- i changed at Peking on the 19th day of July 1881: Now, therefore, be it known that I, Chester A. Arthur, President of the United States of Americo have caused 6 TREATY OF NOVEMBER 17, 1880. Proclamation. the said Treaty to be made public to the end that the same and every article and clause thereof may be ob- served and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done in Washington this fifth day of October in the year of our Lord one thousand eight hundred and eighty- one, and of the Independence of the United States the one hundred and sixth. : [SEAL.] CHESTER A. ARTHUR. By the President: James G. Braing, 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.a ° (22 Stat., p. 58; 23 Stat., p. 115.) AN ACT To amend an act entitled: “An act to execute certain treaty stipulations relating to Chinese, approved May sixth, ‘eighteen hundred and eighty-two.” Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That section one of the act entitled “An act to exe- cute certain treaty stipulations relating to Chinese,” ap- proved May sixth, eighteen hundred and eighty-two, is hereby amended so as to read as follows: “ Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this coun- try endangers the good order of certain localities within the territory thereof; Therefore “ Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That from and after the passage of this act, and 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: 2 The act of May 6, 1882, as amended and added to by the act of July 5, 1884, was continued in force for an additional period of ten years from May 5, 1892, by the act of May 5, 1892 (27 Stat., p. 25) ; and was, with all laws on this subject in force on April 29, 1902, reenacted, extended, and continued without modification, limitation, or condition by the act of April 29, 1902 (32 Stat., p. 176), as amended by the act of April 27, 1904 (33 Stat., p. 428). Preamble. Period of ex- clusion. 8 ACTS OF 1882 AND 1884. madlability of «Spe, 2. That the master of any vessel who shall know- sel. ingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed any Chi- nese laborer, from any foreign port or place, shall be 7 deemed guilty of a misdemeanor, and, on conviction ' thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer J} so brought, and may also be imprisoned for a term not exceeding one year.” Section three of said act is hereby amended so as to read as follows: Exceptions— « Spc, 3. That the two foregoing sections shall not ap- resident labor- i : : ers; ply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and _\ eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, nor shall said sec- tions apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall pro- duce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this vessel in dis- section mentioned; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, hall come within the jurisdiction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided: That all Chinese laborers brought on such vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port.” Note.—Sections 4 and 5, which follow, have been superseded by the act of September 13, 1888, post. Section four of said act is hereby amended so as to read as follows: Chineselabor- «Spc, 4. That for the purpose of properly identifying ers in United States, how Chinese laborers who were in the United States on the lector to make seventeenth day of November, eighteen hundred and list of depart- ing laborers; eighty, or who shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, and in order to furnish them with the proper evidence of their right to go from a Aniended by act of September 13, 1888. ACTS OF 1882 AND 1884. 9 and come to the United States as provided by the said act A Chineselabor. in United and the treaty between the United States and China dated By ate 5. how November seventeenth, eighteen hundred and eighty, the Chinese inspector in charge of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry books, to be kept for that purpose in which shall be stated the indi- ~ vidual, family, and tribal name in full, the age, occupa- tion, when and where followed, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which \ books shall be safely kept in the custom-house; and every —certificate to such Chinese laborer so departing from the United States be Ten lpr: shall be entitled to and shall receive, free of any charge or cost upon application therefor, from the Chinese in- spector in charge or his deputy, in the name of said inspector and attested by said inspector’s seal of office, at the time such list is taken, a certificate, signed by the sald inspector or his deputy and attested by his seal of office, in such form as the Secretary of Commerce and Labor shall prescribe, which certificate shall contain a statement of the individual, family, and tribal name in full, age, occupation, when and where followed, of the Chinese laborer to whom the certificate is issued, cor- responding with the said list and registry in all par- ticulars. : “In case any Chinese laborer, after having received such certificate, shall leave such vessel before her de- parture, he shall deliver his certificate to the master of the vessel ; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certifi- cate shall be delivered by the master to the collector of customs for cancellation. “The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and reenter the United States upon producing and de- livering the same to the Chinese inspector in charge of the district at which such Chinese laborer shall seek to - reenter, and said certificate shall be the only evidence per- —certificate to missible to establish his right of reentry; and upon deliv- en right ering of such certificate by such Chinese laborer to the * ****" | T14562—09——2 : 10 ACTS OF 1882 AND 1884. (Chinese labor: said inspector at the time of reentry in the United States, States, howsaid inspector shall cause the same to be filed in the cus- tom-house and duly canceled.” = Teparture by Spc. 5.% That any Chinese laborer mentioned in section cate. four of this act being in the United States, and desiring %. to depart from the United States by land, shall have the : right to demand and receive, free of charge or cost, a cer- tificate of identification similar to that provided for in section four of this act to be issued to such Chinese labor- ers as may desire to leave the United States by water; and it is hereby made the duty of the Chinese inspector in charge of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry- books to be kept by him for the purpose, as provided for in section four of this act. Section six of said act is hereby amended so as to read as follows: Persons “Spc, 6. That in order to the faithful execution of the other than la- borers—per- 191 1< 1 : borers—per. provisions of this act, every Chinese person, other than a Peviffion pion laborer, who may be entitled by said treaty or this act to Sa tara come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Govern- ment, or of such other foreign government of which at —certificate; the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Gov- ernment, which certificate shall be in the English lan- guage, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present 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. — merchants; “If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above re- “¥= quirements, state the nature, character, and estimated ‘value of the business carried on by him prior to and at the time of his application as aforesaid: Provided, That ¢ Amended by act of September 13, 1888. ACTS OF 1882 AND 1884. 11 nothing in this act nor in said treaty shall be construed as [Persons embracing within the meaning of the word ‘ merchant,’ borers— hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for home con- sumption or exportation. “If the certificate be sought for the purpose of travel —travelers; for curiosity, it shall also state whether the applicant in- tends to pass through or travel within the United States, together with his financial standing in the country from which such certificate 1s desired. : “The certificate provided for in this act, and the iden- on tity of the person named therein shall, before such person goes on board any vessel to proceed to the United States, be viséed by thé indorsement of the diplomatic repre- sentatives of the United States in the foreign country from which such certificate issues, or of the consular rep- resentative of the United States at the port or place from which the person named in the certificate is about to de- part; and such diplomatic representative or consular representative whose indorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination that said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same. “Such certificate viséed as aforesaid shall be prima —certificate facie evidence of the facts set forth therein, and shall be ‘dence re produced to the Chinese inspector in charge of the port in ds the district in the United States at which the person Jae tron named therein shall arrive, and afterward produced to the proper authorities of the United States whenever law- | fully demanded, and shall be the sole evidence permissible —¥ on the part of the person so producing the same to estab- lish a right of entry into the United States; but said cer- tificate may be controverted and the facts therein stated disproved by the United States authorities.” Sec. 7. That any person who shall knowingly and penalties, falsely alter or substitute any name for the name written tificates. in such certificate or forge any such certificate, or know- ingly utter any forged or fradulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding one thousand 12 ACTS OF 1882 AND 1884. 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: Master of «Que, 8, That the master of any vessel arriving in the vessel to fur- : : nish sworn list [Tpited States from any foreign port or place shall, at the of passengers— 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 dis- trict in which such vessels shall have arrived a separate list of all Chinese passengers taken on®board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign Government, travel- ing on the business of that Government, or their servants, with a note of such facts), and the names and other partic- ulars as shown by their respective certificates; and such List shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. —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.” oo ollector_ to Spo. 9. That before any Chinese passengers are landed compare certif- from any such vessel, the Chinese inspector in charge, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the pas- sengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law. Section ten of said act is hereby amended so as to read as follows: : ol Rility of _# Bpe, 10. That every vessel whose master shall know- ingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any district of the United States into which such vessel may enter or in which she may be found.” : Section eleven of said act is hereby amended so as to read as follows: ACTS OF 1882 AND 1884. 13 “Spc. 11. That any person who shall knowingly bring 5 La into or cause to be brought into the United States by unlawful en land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceed- - ing one year.” Section twelve of said act is hereby amended so as to read as follows: “ Sec. 12. That no Chinese person shall be permitted nlntre Wy to enter the United States by land without producing to the proper Chinese inspector the certificate in this act required of Chinese persons seeking to land from a vessel. “And any Chinese person found unlawfully within Deporta- the United States shall be caused to be removed there- from to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the PA United States and found to be one not lawfully entitled 2 to be or to remain in the United States; and ‘in all such Tits for cases the person who brought or aided in bringing such moval; person to the United States shall be liable to the Govern- ment of the United States for all necessary expenses in- curred in such investigation and removal; and all peace —authority of officers of the several States and Terrftorion ob the olen United States are hereby invested with the same author- ity as a marshal or United States marshal in reference to carrying out the provisions of this act or the act of which this is amendatory, as a marshal or deputy marshal of the United States, and shall be entitled to like compensa- tion to be audited and paid by the same officers. “And the United States shall pay all costs and charges —cost of main- for the maintenance and return of any Chinese person in i 2 4 having the certificate prescribed by law as entitling such ed certificate. Chinese person to come into the United States who may not have been permitted to land from any vessel by rea- son of any of the provisions of this act.” Section thirteen of said act is hereby amended so as to read as follows: “Sec. 13. That this act shall not apply to diplomatic,gD1p lomatic and other officers of the Chinese or other Governments // traveling upon the business of that Government, whose 2 14 ACTS OF 1882, 1884, AND 1888. credentials shall be taken as equivalent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons.” : rioyaturaliza. Spe. 14. That hereafter no State court or court of the prohibited. [Jnited States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. Section fifteen of said act is hereby amended so as to read as follows: , Actapplicable « Sgc. 15. That the provisions of this act shall apply to generally— all subjects of China and Chinese, whether subjects of —* laborers.” (China or any other foreign power; and the words Chi- nese laborers, wherever used in this act shall be con- /strued to mean both skilled and unskilled laborers and “Chinese employed in mining.” ¢ ears, Src. 16. That any violation of any of the provisions of 09 hee 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 punish- able by fine not exceeding one thousand dollars, or by jonny for not more than one year, or both such fine and imprisonment. pl 3 Jad Sec. 17. That nothing contained in this act shall be der former act. construed to affect any prosecution or other proceeding ~/ criminal or civil, begun under the act of which this is amendatory; but such prosecution or other proceeding, criminal or civil, shall proceed as if this act had not been passed. Approved, July 5, 1884. ACT OF SEPTEMBER 13, 1888. (25 Stat., pp. 476-477.) AN ACT To prohibit the coming of Chinese laborers to the United States. * * sk * ok Ib of Sec. 5. That from and after the passage of this act, no hibited— Chinese laborer in the United States shall be permitted, after having left, to return thereto, except under the con- ditions stated in the following sections. ¢Amended by act of November 3, 1893. ACT OF 1888. 15 Sec. 6. That no Chinese laborer within the purview of pores’ of la- the preceding section shall be permitted to return to the ited United States unless he has a lawful wife, child, or par- viento ent in the United States, or property therein of the valueparent resident of one thousand dollars, or debts of like amount due him Sroperts or and pending settlement. oo al The marriage to such wife must have taken place at—time of mar- least a year prior to the application of the laborer for Mh permit to return to the United States, and must have been followed by the continuous cohabitation of the par- ties as man and wife. If the right to return be claimed on the ground of prop- Aoperiyend erty or of debts, it must appear that the property is bona fon Dit be fide and not colorably acquired for the purpose of evading this act, or that the debts are unascertained and unsettled, and not promissory notes or other similar adlnowlede. promissory ments of ascertained liability. cient. ] Sec. 7. That a Chinese person claiming the right to be ol oniteation permitted to leave the United States and return thereto on laborer. any of the grounds stated in the foregoing section, shall apply to the Chinese inspector in charge of the district from which he wishes to depart at least a month prior to the time of his departure, and shall make on oath before the said inspector a full statement descriptive of his fam- ily, or property, or debts, as the case may be, and shall furnish to said inspector such proofs of the facts entitling him to return as shall be required by the rules and regula- tions prescribed from time to time by the Secretary of Commerce and Labor, and for any false swearing in rela- tion thereto he shall incur the penalties of perjury. He shall also permit the Chinese inspector in charge to , take a full description of his person, which description the collector shall retain and mark with a number. And if the said inspector, after hearing the proofs and, ertificate of investigating all the circumstances of the case, shall de- cide to issue a certificate of return, he shall at such time and place as he may designate, sign and give to the person applying a certificate containing the number of the de- scription last aforesaid, which shall be the sole evidence fe be sole given to such person ot his right to return. of ight io ve If this last-named certificate be transferred, it shall be- es ne transferred ; come void, and the person to whom it was given shall for- feit his right to return to the United States. / 16 ACT OF 1888, retoortiicateof The right to return under the said certificate shall be om itation limited to one year; but it may be extended for an addi- extension in tional period, not to exceed a year, in cases where, by rea- noel (dT aon 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 for —certificate of the United States, and certified by such representative of sickness or dis- 2 ability ; the United States to the satisfaction of the Chinese in- spector in charge at the port where such Chinese person shall seek to land in the United States, such certificate to be delivered by said representative to the master of the vessel on which he departs for the United States. aeturn cet- And no Chinese laborer shall be permitted to re-enter pensable ; the United States without producing to the proper officer in charge at the port of such entry the return certificate aaiaporer to be herein required. A Chinese laborer possessing a certifi- at port from cate under this section shall be admitted to the United pared. States only at the port from which he departed therefrom, Chinese may and no Chinese person, except Chinese diplomatic or con- enter only certain ports. sular officers, and their attendants, shall be permitted to enter the United States except at the ports of San Fran- cisco, Portland, Oregon, Boston, New York, New Orleans, Port Townsend, or such other ports as may be designated by the Secretary of Commerce and Labor. Secretary of Spo. 8. That the Secretary of Commerce and Labor Commerce and . . Labor to pre- shall be, and he hereby is, authorized and empowered to tons "*"'* make and prescribe, and from time to time to change and- amend such rules and regulations, not in conflict with this act, as he may deem necessary and proper to conveniently secure to such Chinese persons as are provided for in articles second and third of the said treaty between the United States and the Empire of China, the rights therein mentioned, and such as shall also protect the United States against the coming and transit of persons not entitled to the benefit of the provisions of said article. —and form of And he is hereby further authorized and empowered to "prescribe the form and substance of certificates to be issued to Chinese laborers under and in pursuance of the provi- sions of said articles, and prescribe the form of the record of such certificate and of the proceedings for issuing the —and deposit same, and he may require the deposit, as a part of such of photographs. record, of the photograph of the party to whom any such certificate shall be issued. ACT OF 1888. Sec. 9. That the master of any vessel who shall know- 17 sialon of by master ingly bring within the United States on such vessel, and of vessel—pen- land, or attempt to land, or permit to be Yonded any Chinese laborer or other Calnese person, in contravention of the provisions of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished with a fine of not less than five hundred dollars nor more than one thousand dollars, in the discretion of the court, for every Chinese laborer or other Chinese person so brought, and may also be imprisoned for a term of not less than one year, nor more than five years, in the discretion of the court. Sec. 10. That the foregoing section shall not apply to —exception— vessel in dis- the case of any master whose vessel shall come within the Foo touch- 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 t port. Forgery of certificate— falsely alter or substitute any name for the name written penalty. in any certificate herein required, or forge such certifi- cate, or knowingly utter any forged or fraudulent cer- tificate, or falsely personate any person named in any such certificate, and any person other than the one to whom a certificate was issued who shall falsely present any such certificate, shall be deemed guilty of a misde- - meanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars and imprisoned in a penitentiary for a term of not more than five years. * * &* * * Sec. 13. That any Chinese person, or person of Chinese Arrest of Chinese unlaw- descent, found unlawfully in the United States, or itsfullyin United Territories, may be arrested upon a warrant issued upon a complaint, under oath, filed by any party on behalf of the United States, by any justice, judge, or commissioner of any United States court, returnable before any justice, judge, or commissioner of a United States court, or be- fore any United States court, and when convicted, upon a hearing, and found and adjudged to be one not lawfully entitled to be or remain in the United States, such person shall be removed from the United States to the country whence he came. T4562—09——3 —deportation ; 18 ACTS OF 1888 AND 1892. cniiiest of But any such Chinese person convicted before a com- fully in United missioner of a United States court may, within ten days juabpesl fofrom such conviction, wppeal to the judge of the district trict court; court for the district. —process for A certified copy of the judgment shall be the process deportation. . . . 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. or Dass And in all such cases the person who brought or aided ing unlawful in bringing such person into the United States shall be Zidiity to (for liable to the Government of the United States for all portation; necessary expenses incurred in such investigation and Stoutherity of 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. aR ocntion, Sec. 14. That the preceding sections shall not apply to consular offi- 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 identity. * * * * * Approved, September 13, 1888. ACT OF MAY 5, 1892. (27 Stat, p. 25.) AN ACT To prohibit the coming of Chinese persons into the United States. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- Extension of bled, That all laws now in force prohibiting and regula- period of ex clusion. ting the coming into this cquntry of Chinese persons and persons of Chinese descent are hereby continued in force for a period of ten years from the passage of this act. Deporta- Spc. 2. That any Chinese person or person of Chinese tion— . “ . descent, when convicted and adjudged under any of said laws to be not lawfully entitled to be or remain in the —to China; [Jnited States, shall be removed from the United States to China, unless he or they shall make it appear to the ACT OF 1892. 19 justice, judge, or commissioner before whom he or they Deporta- are tried that he or they are subjects or citizens of some other country, in which case he or they shall be removed to country from the United States to such country: Provided, That China; in any case where such other country of which such Chi- also nese person shall claim to be a citizen or subject shall de- 4) mand any tax as a condition of the removal of such per- son to that country, he or she shall be removed to China. Sec. 3. That any Chinese person or person of Chinese j>urden of descent arrested under the provisions of this act or the "¢* acts hereby extended shall be adjudged to be unlawfully within the United States unless such person shall estab- lish, by affirmative proof, to the satisfaction of such jus- tice, judge, or commissioner, his lawful right to remain in the United States. Sec. 4. That any such Chinese person or person of Chi- Imprison- nese descent convicted and adjudged to be not lawfully victed Chinese. 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- beas i cation to any judge or court of the United States in the? heard first instance for a writ of habeas corpus, by a Chinese hed person seeking to land in the United States, to whom that privilege has been denied, no bail shall be allowed, and [bail not al- such application shall be heard and determined promptly without unnecessary delay. Sec. 6.2 And it shall be the duty of all Chinese laborers _ Registration within the limits of the United States at the time of the borers— 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 —penalty; 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 any United j;arrest and deportation of States customs official, collector of internal revenue or i reg- ¢ This provision is void. See Wong Wing v. U. S., 163 U. S., 298, b Amended by act of November 3, 1893. 20 ACT OF 1892. op Registration hig deputies, United States marshal or his deputies, and borers— taken before a United States judge, whose duty it shall be to order that he be deported from the United States, . gscuses foras hereinbefore provided, unless he shall establish clearly ailure to reg- . : . s : ister ; 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 ehrantingthe 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. —loss of cer- Should it appear that said Chinaman had procured a tificate, d 1 : procurement of certificate which has been lost or destroyed, he shall be fea. 1 ™ gotained 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. op Registration And any Chinese person, other than a Chinese laborer, persons not x laborers. ~~ having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge. op Registration Smo. 6. [as amended by section 1 of the act of Novem- borers— ber 3, 1893]. And it shall be the duty of all Chinese laborers within the limits of the United States who were entitled to remain in the United States before the passage of the act to which this is an amendment to apply to the collector of internal revenue of their respective districts — penalty; within six months after the passage of this act for a cer- tificate of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, or re- fuse to comply with the provisions of this act and the act to which this is an amendment, or who, after the expira- tion of said six months, shall be found within the juris- diction of the Uuited States without such certificate of residence, shall be deemed and adjudged to be unlawfully —arrest and within the United States, and may be arrested by any AE United States customs official, collector of internal rev- Irimetas enue or his deputies, United States marshal or his depu- ties, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this _ excuses forjg gn amendment, unless he shall establish clearly to the failure to reg- s ali . : ister ; satisfaction of said judge that by reason of accident, sick- ACT OF 1892. 21 ness, or other unavoidable cause he has been unable to Regigauon procure his certificate, and to the satisfaction of said borers— United States judge, al by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety- two; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a —loss of cer: certificate which has been lost or destroyed, he shall be at of detained and judgment suspended a reasonable time to fone 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 , Registration and remain in the United States, desiring such certificate other than la- as evidence of such right, may apply for and receive the same without charge; and that no proceedings for a vio- I Jr ocesllings. lation of the provisions of said section six of said act of act discontin- May fifth, eighteen hundred and ninety-two, as originally enacted, hell hereafter be instituted, and that all proceed- ings or said violation now pending are hereby discon- tinued : Provided, That no Chinese person heretofore convicted psn in any court of the States or Territories or of the United register: States of a felony shall be permitted to register under the provisions of this act; but all such persons who are now __geportation subject to deportation for failure or refusal to comply °f 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 passage of this act, co Socretary of ommerce and the Secretary of Commerce and Labor shall make such Tabor to. pre scribe rules rules and regulations as may be necessary for the efficient and forms. execution ot this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable col- lectors of internal revenue to issue the certificates re- quired hereby, and make such provisions that certificates may be procured in localities convenient to the appli- cants. Such certificates shall be issued without charge to the Certificates 1 : . of residence— applicant, and shall contain the name, age, local residence contents; and occupation of the applicant, and such other descrip- 22 : ACTS OF 1892 AND 1893. (Certificates of tjon of the applicant as shall be prescribed by the Secre- tary of Commerce and Labor, and a duplicate thereof shall be filed in the office of the collector of internal rev- enue for the district within which such Chinaman makes | application. forgery. Sec. 8. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely per- sonate any person named in such certificate, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars or im- prisoned in the penitentiary for a term of not more than five years. * * * * * Approved, May 5, 1892. ACT OF FEBRUARY 15, 1893. (27 Stat., pp. 449-452.) AN ACT Granting additional quarantine powers and imposing ad- ditional duties upon the Marine-Hospital Service. * * * * * Measures to Sgc. 7. That whenever it shall be shown to the satis- prevent intro- duction of in faction of the President that by reason of the existence contagious dis- of cholera or other infectious or contagious diseases in a foreign country there is serious danger of the introduc- tion of the same into the United States, and that not- withstanding the quarantine defense this danger is so : increased by the introduction of persons or property Y from such country that a suspension of the right to in- ip troduce the same is demanded in the interest of the pub- lic health, the President shall have power to prohibit, in whole or in part, the introduction of persons and prop- erty from such countries or places as he shall designate and for such period of time as he may deem necessary. * * * * * Approved, February 15, 1893. ACT OF 1893. 23 ACT OF NOVEMBER 3, 1893. (28 Stat., pn. 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 5, 1892, and the amended section is printed with the act of May 5, 1892, ante. ] Sec. 2. The words « Isher Yor“ laborers,” wherever ~Liborer: used in this act, or in the act to which this is an tien. ment, shall be onstrued to mean both skilled and un- skilled manual laborers, including Chinese employed 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 j Merchant ® acts of which this is amendatory, shall have the follow- ing 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 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- Domi ciled . merchants— trance into the United States on the ground that he was evidence to establish for- formerly engaged in this country as a merchant, he shall mer status of. 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 Deporta- United States marshal of the district within which such tion of ‘order order is made, and he shall execute the same with all con- venient dispatch; and pending the execution of such order Zbail not a 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 Certificate of photograph of the applicant, together with his name local ¢ontain photo- graph of resi- residence and occupation, and a copy of such certificate, dent— 24 ACT AND RESOLUTION OF 1893 AND ACT OF 1894. Certificate of with a duplicate of such photograph attached, shall be residence t contain’ phot: filed in the office of the United States collector of internal dent— revenue of the district in which such Chinaman makes : application. ; —to be fur Such photographs in duplicate shall be furnished by plicate. each applicant in such form as may be prescribed by the Secretary of Commerce and Labor. Approved, November 3, 1893. JOINT RESOLUTION OF DECEMBER 7, 1893. (28 Stat., p. 575.) JOINT RESOLUTION Providing for the payment of salaries and expenses of additional Deputy Collectors of Internal Revenue to carry out the provisions of the Chinese Exclusion Act of May fifth, eighteen hundred and ninety-two, as amended by the Act of November third, eighteen hundred and ninety-three. * * & * * of Certificates Provided, That collectors of internal revenue shall not no fees to be 1 1 1 1 charged for. receive any fee or other compensation for the registration, 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. ACT OF AUGUST 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. * x * * * poise In every case where an alien is excluded from admis- finality of. sjon into the United States under any law or treaty now X existing or hereafter made, the decision of the appropri- ate immigration or customs officers, if adverse to the ad- mission of such alien, shall be final, unless reversed on appeal to the Secretary of Commerce and Labor. * * * * * Approved, August 18, 1894. : RESOLUTION OF 1898 AND ACTS OF 1900. 25 JOINT RESOLUTION OF JULY 7, 1898. (30 Stat., p. 751.) * * * There shall be no further immigration of, Hawaiian Is. lands, no Chi- Chinese into the Hawaiian Islands, except upon such ese to enter conditions as are now or may hereafter be allowed by the from. laws of the United States; and no Chinese, by reason of 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. yen Is- Sec. 4. That all persons who were citizens of the Re- citizenship public of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. i* & & * # Sec. 101. That Chinese in the Hawaiian Islands when _;t¢gistration 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 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 civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. ood Jaci 3 Commission- * and hereafter the Commissioner-General of Commission. 1 1 1 111 1 1 Imm igration Immigration, in addition to his other duties, shall have [ mm igration charge of the administration of the Chinese exclusion law Chinese exclu- and of the various acts regulating immigration into the 74562—09——4 26 ACTS OF 1900, 1901, AND 1902. 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 com- pensation of commissioners in such cases. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- United States fod, That it shall be lawful for the district attorney of attorneys designate designate com- the district in which any Chinese person may be arrested Tore whom ui for being found unlawfully within the United States, or tried, having unlawfully entered the United States, to desig- nate the United States commissioner within such district before whom such Chinese person shall be taken for a hearing. ule] States Sec. 2. That a United States commissioner shall be en- fees. titled to receive a fee of five dollars for hearing and de- ciding a case arising under the Chinese-exclusion laws. col whom Spo. 3. That no warrant of arrest for violations of the against Chi Chinese-exclusion laws shall be issued by the United States made. commissioners excepting upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector, deputy collector, or inspector of customs, immigration inspector, United States mar- shal, or deputy United States marshal, or Chinese in- spector, unless the issuing of such warrant of arrest shall first be approved or requested in writing by the United States district attorney of the district in which issued. Sec. 4. That this act shall take effect immediately. Approved, March 3, 1901. ACT OF APRIL 29, 1902. (32 Stat., part 1, p. 176.) AN ACT To prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent. Laws reenact- 1 ebaws reenact: Sporion 1 [as amended and reenacted by section 5 of limitation. the deficiency act of April 27, 1904, 33 Stat., pp. 394-428]. ACT OF 1902. All laws in force on the twenty-ninth day of April, nine- teen hundred and two, regulating, suspending, or prohib- iting the coming of Chinese persons or persons of Chinese descent into the United States, and the residence of such persons therein, including sections five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of the Act entitled “An Act to prohibit the coming of Chinese laborers into the United States,” approved September thirteenth, eight- een hundred and eighty-eight, be, and the same are hereby, reenacted, extended, and continued, without modification, limitation, or condition; and said laws shall also apply to the island territory under the jurisdiction of the United States, and prohibit the immigration of Chinese laborers, not citizens of the United States, from such island terri- tory to the mainland territory of the United States, whether in such island territory at the time of cession or not, and from one portion of the island territory of the United States to another portion of said island territory : Provided, however, That said laws shall not apply to the 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. Sec. 2. That the Secretary of Commerce and Labor is, hereby authorized and empowered to make and prescribe, and from time to time to change, such rules and regula- a 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 con- tinued and of the treaty of December eighth, eighteen hundred and ninety-four, between the United States and China, and with the approval of the President to ap- point such agents as he may deem necessary for the effi- cient execution of said treaty and said Acts. Sec. 3. That nothing in the provisions of this Act or any other Act shall be construed to prevent, hinder, or restrict any foreign exhibitor, representative, or citizen of any foreign nation, or the holder, who is a citizen of any foreign nation, of any concession or privilege from any fair or exposition authorized by Act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, na- tives of their respective foreign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits 217 Transit per- mitted in in- sular posses- sions. Socrerary of mmerce and Gon to pre- cribe rules and regula- ons and ap- bin agents. Exhibitions, admission of Chinese to take part in. 28 : ACTS OF 1902 AND 1903. or of preparing for installing or conducting any business authorized or permitted under or by virtue of or pertain- ing to any concession or privilege which may have been or may be granted by any said fair or exposition in con- nection with such exposition, under such rules and regu- lations as the Secretary of Commerce and Labor may prescribe, both as to the admission and return of such person or persons. Sec. 4. That it shall be the duty of every Chinese la- borer, other than a citizen, rightfully in, and entitled to remain in any of the insular territory of the United States (Hawaii excepted) at the time of the passage of this Act, to obtain within one year thereafter a certifi- cate of residence in the insular territory wherein he re- sides, which certificate shall entitle him to residence therein, and upon failure to obtain such certificate as herein provided he shall be deported from such insular ol I Is- territory ; and the Philippine Commission is authorized fon ot Chinese and required to make all regulations and provisions nec- essary for the enforcement of this section in the Philip- pine Islands, including the form and substance of the cer- tificate of residence so that the same shall clearly and sufficiently identify the holder thereof and enable officials to prevent fraud in the transfer of the same: Provided, however, That if said Philippine Commission shall find that it is impossible to complete the registration herein provided for within one year from the passage of this Act, said Commission is hereby authorized and empow- ered to extend the time for such registration for a further period not exceeding one year. Approved, April 29, 1902. ACT OF FEBRUARY 14, 1903. (32 Stat., p. 825.) AN ACT To establish the Department of Commerce and Labor. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assem- Department hled, That there shall be at the seat of government an oma Labor—" executive department to be known as the Department of — creation of ; Commerce and Labor, and a Secretary of Commerce and Labor, who shall be the head thereof; * * * and sec- tion one hundred and fifty-eight of the Revised Statutes ACT OF 1903. 29 is hereby amended to include such Department, and the , Depasining provisions of title four of the Revised Statutes, including and Labor— all amendments thereto, are hereby made applicable to said Department. The said Secretary shall cause a seal of office to be made for the said Department of such device as the President shall approve, and judicial notice shall be taken of the said seal. Sec. 2. * * * and the Auditor for the State and of amin other Departments shall receive and examine all accounts of salaries and incidental expenses of the office of the Sec- retary of Commerce and Labor, and of all bureaus and offices under his direction, all accounts relating to * * * immigration * * * and to all 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 forth- with a copy of each certificate to the Secretary of Com- merce and Labor. * * & * * Sec. 4. That the following-named offices, bureaus, di- transfer of ie . . Bureau of Im- visions, and branches of the public service, now and here- migration and 3 immigration tofore under the jurisdiction of the Department of service to. the Treasury, and all that pertains to the same, known as * * * the Commissioner-General of Immigration, the commissioners of immigration, the Bureau of Immi- gration, the immigration service at large, * * * be, and the same hereby are, transferred from the Depart- ment of the Treasury to the Department of Commerce and Labor, and the same shall hereafter remain under the jurisdiction and supervision of the last-named Depart- ment; % -* ..¥ Sec. 7. That the jurisdiction, supervision and control now possessed and exercised by the Department of the Treasury over the * * * immigration of aliens into the United States, its waters, territories and any place subject to the jurisdiction thereof, are hereby transferred and vested in the Department of Commerce and Labor: Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act entitled “An Act to regulate immigration,” approved August third, eighteen hundred and eighty-two. That Secretary of Commerce and 1 uriedicti Labor to en- the authority, power and jurisdiction now possessed and j:2bor fo en: exercised by the Secretary of the Treasury by virtue of exclusion laws. any law in relation to the exclusion from and the residence 30 Seorevary. of Commerce Labor to 2 24 force Chinese exclusion laws. Philippine Is- lands, adminis- tration of im- migration laws in. ACTS OF 1903 AND 1905. f within the United States, its territories and the District of Columbia, of Chinese nd 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 Lah may Gest gnake therefor. * * * te 13. That his Act shall take effect and be in force from and after its passage: Provided, however, That the provisions of this Act other than those of section twelve in relation to the transfer of any existing office, bureau, division, officer or other branch of the public service or authority now conferred thereon, to the Department of Commerce and Labor shall take effect and be in force on the first day of July, nineteen hundred and three, and not before. Approved, February 14, 1903. ACT OF FEBRUARY 6, 1905. (33 Stat., pp. 689-692.) AN ACT To amend an Act approved July first, nineteen hundred and two, entitled “An Act temporarily to provide for the admin- istration of the affairs of civil government in the Philippine Islands, and for other purposes,” and to amend an Act approved March eighth, nineteen hundred and two, entitled “An Act tem- porarily to provide revenue for the Philippine Islands, and for other purposes,” and to amend an Act approved March second, nineteen hundred and three, entitled “An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands,” and to provide for the more efficient admin- istration of civil government in the Philippine Islands, and for other purposes. % * * % % Sec. 6. That the immigration laws of the United States in force in the Philippine Islands shall be administered 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 ACTS OF 1905. 31 covered into the general fund of the Treasury of the United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands. ; * * * * * Approved, February 6, 1905. ACT OF MARCH 3, 1905. (33 Stat, pp. 1214-1244.) The “Act making appropriations to supply deficiencies in the appropriations for the. fiscal year ending June 30, 1905, and for prior years, and for other purposes,” approved March 3, 1905, under the head, “ Department of Commerce and Labor,” provides as follows: “ Provided, That the necessary expenses incident to the Aliens de- ained as wit- detention of aliens ordered deported, whose attendance as nesses, pay- witnesses is required in behalf of the United States in penses of > prosecutions arising under the immigration laws, may be paid from the permanent appropriation for Papanes of Regulating Immigration.’ ” (Supplementing section 19, Immigration Act of March 3, 1903.) Philippine Is- 1a n ds—execu- ofthe United States has, under date of July twenty-seventh, tive order governor of; 32 EXECUTIVE ORDER OF THE GOVERNOR OF THE PHILIPPINE ISLANDS. GOVERNMENT OF THE PHILIPPINE ISLANDS, Executive Bureau, Manila, P. I., September 23, 190}. Execurive OrpEr No. 38. Whereas the Department of Commerce and Labor of nineteen hundred and three, issued a certain rule to regu- late the admission of Chinese persons from the Philippine Islands into the mainland territory of the United States and into the insular possessions of the United States other than the Philippine Islands, which said rule is as follows: “ Rure 61. [Since the issuance of this order this rule has been amended; reference should therefore be had to Rule 38, p. 51.] In view of the provisions of section 1 of the act approved April 29, 1902, it will be necessary for Chinese persons of the classes mentioned in article 3 of the convention of December 8, 1894, who are resi- dent in [citizens of] the insular territory of the United States, to comply with the terms of section 6 of the act approved July 5, 1884, and for this purpose the permis- sion of such persons to go from one insular territory to another insular territory of the United States, or from such insular territory to the mainland territory of the United States, shall be granted by an officer designated for that purpose by the chief executives of said insular territories, respectively, and the duties imposed by section 6 of the act approved July 5, 1884, upon United States diplomatic and consular officers in foreign countries in relation to Chinese persons of the said classes shall be dis- charged by the chief officers in charge of the enforcement of the Chinese exclusion acts at the ports, respectively, PHILIPPINE EXECUTIVE ORDER. 33 from which any members of such excepted classes intend ria iliopine to depart from any insular territory of the United States.” And whereas it is the desire of the government of the SoaEyAtang Philippine Islands to afford to such eligible Chinese per- barture from and admission sons, residents of these islands, as desire to depart out of in, of Chinese the same for other parts or possessions of the United dasses: 0 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. WricHT, Civil Governor. "REGULATIONS GOVERNING THE ADMISSION OF CHINESE. (Approved February 26, 1907.) ~~ cjidmissible Rure 1. Under the provisions of the treaty and laws in of ; relation to the exclusion of Chinese persons, only those who are teachers, students, travelers for curiosity or pleasure, merchants and their lawful wives and minor children, officials of the Chinese Government together with their body and household servants, Chinese persons registered under the laws of the United States, seamen, as provided in Rule 32; those seeking in good faith to pass through the country to foreign territory, as provided in Rules 33 and 37; and persons whose physical condition ne- cessitates immediate hospital treatment, shall be permitted to land under said laws at any port of the United States. ny ie Bus 9, Only those Chinese - persons who are ex- empted admis- pressly declared by the treaty and laws relating to the exclusion of Chinese to be admissible shall be allowed to enter the United States, and those only upon compli- ance with the requirements of said treaty and laws and of regulations issued thereunder. (22 Op. At. Gen, Exclusion]39) Tf the Chinese person has been born in the United laws not ap Dlieable 10 per- - States, of parents who at the time of his birth have a per- can birth. manent domicile and residence in the United States, neither the immigration acts nor the Chinese exclusion acts prohibiting persons of the Chinese race, and es- pecially Chinese laborers, from coming into the United States apply to such person. (169 U. S., 653-705.) rangi Rure 3. Chinese aliens shall be examined as to their Chinese. right to admission to the United States under the pro- visions of the laws regulating immigration as well as under the laws in relation to the exclusion of Chinese persons. (24 Op. At. Gen., 706.) Ports of en Rure 4. No Chinese person, other than a Chinese dip- try, list of. . : lomatic or consular officer and attendants, shall be per- 34 REGULATIONS GOVERNING ADMISSION OF CHINESE. 35 mitted to enter the United States except at the ports of San Francisco, Cal.; Portland, Oreg.; Boston, Mass.; New York, N. Y.; New Orleans, La.; Port Townsend, Wash.; Seattle, Wash.; Sumas, Wash.; Richford, Vt.; Malone, N. Y.; Portal, N. Dak.; Honolulu, Hawaii; San Juan and Ponce, P. R.; San Diego, Cal., and Tampa, Fla. RuLe 5. Tomediatels upon the Arrival of Chinese per- , mation sons at any port mentioned in Rule 4 it shall be the duty for admis- of the officer in charge of the administration of the Chi- nese exclusion laws to have said Chinese persons ex-—tobeprompt; amined promptly, as by law provided, touching their right to admission; and to permit to land those proving such right; Provided, That nothing contained in these regulations shall be construed to authorize the boarding of vessels of foreign navies arriving at ports of the United States for the purpose of enforcing the pro- visions of the Chinese exclusion laws. Rue 6. The examination prescribed in Rule 5 shall fo be sepa be separate and apart from the public, in the presence of fom the pub- Government officials and such other witnesses only as the examining officer shall designate; and all witnesses —witnesses to presenting themselves on behalf of any Chinese appli- si cant shall be fully heard. If upon the conclusion. of 72ppeal, re jected appli- the hearing the Chinese applicant is adjudged to be in- cants to be no. tified of right admissible, he shall be advised of his right to appeal by fo. a notice written or printed in the Chinese language, and his counsel shall be permitted, after notice of appeal has been duly filed, to examine and make copies of the evi- dence 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. Rure 7. Every Chinese person permitted to land from , Chinese not a vessel for examination at some designated port or forlanded = unt immediate hospital treatment, as provided in Rule 1,ed shall be considered as still on shipboard until finally and lawfully landed, so far as relates to his admission to the United States and so far as relates to the responsi- - bility of the master, agent, or owner of such vessel for his safeguarding, maintenance, and hospital expenses. Rupe 8. The master, agent, or owner of any vessel or 4] mins other means of transportation by which Chinese personsof sailings. are brought to any port of entry named in Rule 4 shall, at least twenty-four hours before the intended time of the @ [=7 36 REGULATIONS GOVERNING ADMISSION OF CHINESE. sailing of said vessel or the departure of other vehicle of transportation, notify the chief officer in charge of the administration of the Chinese exclusion laws at said port of such sailing or departure, in order that the said officer may cause to be placed on board every Chinese person whose application for permission to land has been finally denied. Deportation RyLe 9. Every Chinese person refused admission to the of rejected ap plicants . 9 United States, being actually or constructively on the ves- whence they gel 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. rectatistical Rue 10. In keeping statistical records and furnishing ports. statistical reports to the Bureau of Immigration and Naturalization, officers in charge at ports of entry for Chinese shall be governed by the Statistical Rules pub- lished in the pamphlet “ Immigration Laws and Regula- tions.” Certificates ~~ Rpre 11. All certificates, or other evidence, offered by and evidence to be taken up Chinese persons to establich their right of admission to Rl the United States, other than registration certificates and section 6 cortificter, shall be retained by the officers in charge of the administration of the Chinese exclusion laws —exception. at ports of entry: Provided, however, That if the officer in charge shall have good reason to believe that any per- son presenting 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 Immi- gration at Washington, together with a statement of his reasons for so doing. Appeals — Rourke 12. Every Chinese person refused admission under two days 3 : ais lowed for fil- the provisions of the exclusion laws by the decision of the ing notice of ; 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. torocord, oi: Rue 13. Notice of appeal provided for in Rule 12 od within five shall act as a stay upon the disposal of the Chinese person whose case is thereby affected until a final decision is rendered by the Secretary of Commerce and Labor; and, within five days after the excluding decision is rendered, unless further delay is required to investigate and report upon new evidence, the complete record of the case, REGULATIONS GOVERNING ADMISSION OF CHINESE. 37 together with such briefs, affidavits, and statements as Appeals— 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 hy the officer in charge and be accompanied by his report. Rue 14. Additional time for the preparation of cases additional will be allowed only when, in the judgment of the officer fecting. 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. Rue 15. The return certificate, provided by section 7 , Return cer- of the act of September 13, 1888, shall be issued only to whom issued; such Chinese persons as have been duly registered under the provisions of the act of May 5, 1892, or the act of November 3, 1893, and present a certificate issued there- under, or such as have established before a court of com- petent jurisdiction the lawfulness of their residence in the United States and present a certified copy of the court’s decision. (See Department Decision No. 109, July 31, 1906.) Ruie 16. Administrative officers are hereby required, ;gvidence on in accordance with section 7 of the act of September 13,1ssued: 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. Rure 17. A Chinese laborer claiming the right to be j investigation permitted to leave the United States and return thereto, sue of; under the terms of Rule 15, shall apply in person to the 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 38 REGULATIONS GOVERNING ADMISSION OF CHINESE. Return cer- tificates— —investigation incident to is- sue of ; certified copy of a decision of a court of competent juris- diction showing that he is lawfully resident in the United States, and shall make on oath before the officer in writ- ing a full statement descriptive of his family or property or debts, as the case may be, and fully describing himself, giving his age, name, local residence, occupation, color of eyes and complexion, and distinguishing marks, if any, and naming the port from which he expects to depart from the United States, which shall be one of those desig- nated in Rule 4. Such written description shall be filed in duplicate, and to each shall be permanently attached a photograph of the Chinese person referred to therein. The officer with whom such certificate or certified copy of court record and written description are filed will make a thorough examination as to the accuracy of the descrip- tive statement, whether the photograph accompanying the latter for the purpose of identification is that of the person described in such certificate or certified copy of court record and statement, and whether his height and descriptive physical marks are accurately given, and will then write his official signature in part across such photo- .graph and in part upon the adjoining portion of the writ- ten descriptive statement, to prevent substitution. The said officer will also transmit the certificate of registra- tion to the Commissioner-General of Immigration, for comparison with the record thereof in his office, in respect not only to name and date therein, but in all other par- ticulars, or the certified copy of court record to the clerk of the court by whom issued for verification. At the same time the said officer will, in person, or through an 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 duplicate copy of the sworn statement, with instructions to present the same in person to the officer in charge at the port of departure. Upon the receipt of such certifi- cate or certified copy of court record, the duplicate copy of said sworn statement, and the reports of investigation, the officer in charge, or his deputy at said port of de- parture, after one month from the date of filing of the REGULATIONS GOVERNING ADMISSION OF CHINESE. 39 original application with the officer who investigated the uy Teer case (or sooner if it is evident that the intent of the law— a thorough investigation of the case—has been met), if he finds that the person presenting such duplicate statement is the Chinese person therein described and is entitled thereto, may sign and give to such person on his departure from said port a certificate containing the number of the description referred to, in the following form: No. —. UNITED STATES OF AMERICA. —form of ; Certificate issued to Chinese laborer departing from the United States with the intention of returning thereto. This is to certify that , a Chinese laborer, de- scribed in identification paper numbered ——, port of . departed from this port for , on this —— day of 190-, with the avowed intention of returning to the United States via this port within twelve months from said date. Given under my hand and seal this day of ——, 190-, at , State of [SEAL.] a » Officer in Charge, Port of , District of If the last-named certificate be transferred, it shall be- Toyo if bane come void, and the person to whom it was given by the officer in Jinrge shall forfeit his right to return to the United States. The certified description shall be carefully preserved by Tpliposiiion the officer in charge at the port of exit as a means of cerning. identification of the Chinese person therein mentioned, who must return via the port of departure within one year from the date of his leaving the United States, unless prevented 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. Rure 18. Every departing Chinese laborer who has , L:aborers— departing, tobe been furnished with a return certificate under the pro- advised that visions of section 7 of the act approved September 13,0000 Somain 1888, must be informed by the officer by whom such cer-insure read fifiente | is granted that upon his return to the port of de- parture, as a prerequisite to admission, there must exist 40 REGULATIONS GOVERNING ADMISSION OF CHINESE. Laborers— —ad interim investigation of status of ; w —Iletters used in making ad interim inves- tigation ; 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- parting laborer shall at the time of such issuance furnish said laborer with the following notice (properly filled out) and attached form of letter for his use in sending information of his intended return: OFFICE OF PORT OF ——— (Date) ’ — 19—. . Sir: In accordance with Rule 19 of regulations issued by the Secretary 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 foreign address on the subjoined blank form, and stating the ground or grounds on which you claim the right to admission to the United States, as well as the occasion of your delay, if there has been such delay, in returning beyond one year from the time of your departure. An investigation of your case will, on receipt of such notification, be promptly made and you will be formally advised of the result thereof by a letter sent to the foreign address given. Respectfully, : (Name of officer) rm (Title of officer) (Address) — y (Date) —, 19—. OFFICER IN CHARGE ENFORCEMENT CHINESE EXCLUSION LAWS, Port of Sir: In compliance with the above notification, delivered to me prior to my departure from the United States, you are informed 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—. I claim the right of admission because I have in the United States (either) : i A father, named — , or mother, named —— residing at ; a child (or children), named A lawful wife, named , residing at , to whom I was married on the —— day of —, and with whom I have continuously cohabited since the said marriage. The following property of the clear, unincumbered value of $ : rn, REGULATIONS GOVERNING ADMISSION OF CHINESE. 41 The following bona fide debts due me and pending settlement, Laborers— and not evidenced by promissory notes or other similar acknowl- edgments of ascertained liability, and not colorably acquired for the purpose of evading the law: Due from — y Due from , _ Address of debtors, I respectfully request that my claims be preinvestigated and that I may be notified at the above address before ————— —, 19—, whether I will be permitted to reenter the United States. I was delayed days months beyond the year after my departure by ———, and will submit the evidence thereof re- quired by the law and regulations. Respectfully, (Name) i At the same time there should be delivered to the de- im and parting Chinese laborer a copy of Department Form No, J0ivted rode 4923, “ 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. Rourke 20. The officer in charge at the port of departure pan or shall send a copy of the certified description, with photo-position of duplicates and graph of the person therein named attached, and also one stubs of; of the stubs hereinafter mentioned, to the Commissioner- General of Immigration; said stub and said copy of the certified description shall be filed together. Certificates as above described, with a serial number attached, will be issued to officers in charge at ports from which Chinese depart upon application therefor to the Commissioner-General of Immigration. In all instances officers in charge will fill ‘out the blanks on the stubs of the certificates. Officers in’ charge will submit to the Commissioner-General of Immigration weekly reports of Chinese persons departing from and returning to their respective ports, debiting themselves with the number of certificates received from the Department, crediting them- selves with the number uséd, and reporting the number remaining on hand. The officers in charge shall cancel all _to be can- return certificates presented on admission of returning Chinese and forward said certificates so canceled to the Commissioner-General of Immigration. Rure 21. It shall be the duty of the officer in charge Laborers™ at the port of entry to register and make a record of each parting and re 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, 42 REGULATIONS GOVERNING ADMISSION OF CHINESE. Laborers— and a full description of his person, together with such other pertinent information as may assist in the identi- fication or investigation of such person in case of his re- turning to the United States. A duplicate of the record of such registry shall be transmitted to the Commissioner- General of Immigration for every vessel or railway train transporting Chinese laborers to the United States. 7 teadmission Ryrg 22. Upon the arrival of any returning Chinese , upon return ; . 5 certificates; laborer at a port of the United States designated in Rule 4, he shall exhibit his return certificate to the officer in charge of the enforcement of the Chinese exclusion laws at said port, and if the evidence already secured in such a case establishes the right of such returning Chinese laborer to admission, and is not controverted, he shall at once be admitted, but otherwise he shall be refused admission until he establishes his right thereto. —return of Ryrg 23. If a returning Chinese laborer is admitted, his registration . = § certificates to, certificate of residence or certified copy of court record, upon readmis- : sion. 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. Wi Rure 24. Whenever a Chinese laborer holding a return time—United certificate is detained by his sickness or by other disabil- States consular . : . . officers to, cor. ity beyond his control for a time in excess of one year after the date of his departuré 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 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 of-gtated, such certificate to be delivered by such consular ficer’ tifi- a cate Jo Je de. representative to the master of the vessel on which the ter of vessel. Chinese laborer departs for the United States and by the master delivered to the officer in charge at the port of return, REGULATIONS GOVERNING ADMISSION OF CHINESE. 43 Rowe 25. Every Chinese merchant resident within the a Merchants, United States who desires to go abroad temporarily, to vestigation of avoid unnecessary delay in securing admission upon his ior return, may transmit to the officer in charge of the dis- trict wherein the mercantile establishment is located, not less than thirty days prior to the date on which he intends to depart, affidavits of two credible witnesses, other than Chinese, showing said merchant’s actual ownership, in whole or in part, of an established mercantile business in this country, the amount of his interest therein, the nature of his personal employment in conducting said business, and that during the entire year antecedent to the date of such affidavits he engaged in no manual labor except such as was necessarily incident to the conduct of said business. It shall be the duty of said officer in charge to make a thorough investigation of the statements con- tained in the affidavits and, on completion thereof, forward the report of such investigation, together with his views thereon, to the officer in charge at the intended port of departure from the United States. If the last-mentioned tin officer is satisfied of the truth of the statements contained upon papers ; in the above-mentioned affidavits, he may indorse thereon over his signature his finding to that effect, coupled with a statement that the said Chinese merchant will, on his return to the port of departure, and proper identification, be permitted to enter the United States, unless some of said statements should subsequently be shown to be false: Provided, however, That said merchant still retains, un- —sigins of, changed, the mercantile interest owned by him at the time unchanged to of his departure. a Rure 26. Every Chinese merchant resident within the alin ga omy United States, who desires to make a visit to contiguous territory. foreign territory, may do so by complying with the pro- visions of Rule 25, except that the affidavits mentioned therein need not be transmitted to the officer in charge thirty days prior to the date on which he intends to depart. In cases where his mercantile status has been prima Merchants, facie determined, either before or after his departure, ie, Ie and he applies for readmission to the United States within four months from the date of departure, he may make application for admission on identification, with- out further investigation. Ruwe 27. Chinese persons applying for admission upon Centar ye the ground of having been domiciled in the United States : as merchants shall be required to establish, to a reason- 44 REGULATIONS GOVERNING ADMISSION OF CHINESE. Merchants domiciled, re turning— »able certainty, that they are actually owners of the busi- ness claimed or members of the firm owning such busi- ness, with proof of the amounts actually paid for their respective interests, the times at which such payments were made, and, if residents of the United States dur- ing the period of registration, whether they failed to reg- ister, and, if so, the reason therefor. —ad interim Rypp 28. As an additional means of securing prompt investigation of status of ; action upon the case of every Chinese person seeking admission as a returning merchant, as well as to save him the risk of a possible fruitless voyage, the officer shall, at the time of departure of every such Chinese per- son, 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 send- ing notification of his intended return: . OFFICE OF PorT OF (Date) . —Iletters used SIR: In accordance with Rule 28 of the Regulations of the De- ID, mesg 2a partment of Commerce and Labor for the enforcement of Chinese tigation. Exclusion Laws, you are hereby notified that, in order to avoid as far as possible the risk of making an unnecessary trip which would result from a failure to establish your right to admission, you should, at least ninety days and not exceeding four months prior to your intended arrival at this port, notify the undersigned officer of your intention to return, the approximate date thereof, giving your name and foreign address, and a statement of your claims to the right of admission, on the subjoined blank. You may now, or within the time above mentioned, submit the evi- dence required by law to establish your mercantile status. The said claims will, on receipt of such notice, be promptly investi- gated and a formal notification of the result of such investigation will be sent to you at the address given. This decision is not final, and you are not precluded, if such result is adverse, from obtaining upon your arrival at a port of the United States a fur- ther investigation of your claims. Respectfully, (Name of officer) , * (Title of officer)—r— ————1 (Address) @N “No (Date) —, 19—. OFFICER IN CHARGE ENFORCEMENT CHINESE EXCLUSION LAWS, Port of s Sir: In compliance with the above notification, delivered to me prior to my departure from the United States, you are informed REGULATIONS GOVERNING ADMISSION OF CHINESE. 45 that I intend to return thereto, through your port, per ———on Merchants, domiciled— or about , 19—. I departed from the United States on the steamship ————, which sailed from your port on —, 19—. I have filed with you the evidence required by law to support my claim of right to readmission. I am a merchant and member (or proprietor) of the store (or firm) of ———— at : in which my interest was, and still remains, $ I respectfully request that my claim be preinvestigated, and that I may be notified before —, 19—, at the above ad- dress, whether I will be permitted to reenter the United States, and, if so, upon what condition. Respectfully, (Name) Upon the receipt of such notification, the officer in charge shall make, or cause to be made, a thorough in- vestigat:-n'cf the ol im therein advanced and send due notice of his conclusions in regard thereto to the appli- cant, who, upon arrival, shall establish his identity with the sender of the notification and submit such additional evidence as may be necessary to prove his right to ad- mission. If the evidence previously secured shall estab- lish the right of such applicant to admission, and is not controverted, he shall be admitted without delay, but otherwise he shall be refused admission until he shall establish his right thereto. When delivering to the departing merchant the notice form and en- and attached form of letter above described, he should delivered to, ; 3 w h en depart- also be furnished with a copy of Department Form No. ing; 423, ‘ Instructions, in Chinese, to return notices issued under Rules 19 and 28,” and with an envelope addressed to the officer in charge at the port of departure for use by the merchant when forwarding the notice of intention to return. ] Rure 29. The Supreme Court having decided that the —wives and . ; A minor children, lawful wife and minor children of a Chinese merchant admission 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 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 46 REGULATIONS GOVERNING ADMISSION OF CHINESE. claimed to such merchant, and, in the case of a child, that such child is beyond Question a minor. ceric tion 6 Rurk 30. The officers whose titles are given below have officers , desig been authorized by their respective Governments to issue to Chinese subjects, or citizens, of such Governments the certificates prescribed by section 6 of the act approved July 5, 1884. Brazil: Chiefs of police, or corresponding officers in the municipalities and civil subdivisions. Canada: Vancouver—Collector of customs. Victoria—Collector of customs. Ottawa —Chief controller of Chinese, or chief clerk “in the department ‘of trade atitr 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-Kkien. / 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. Taot’ai of the Hsing-Ch’uan-yung circuit. Acting taot’ai of the Ning-Shao-T’a1 circuit. Taot’ai of the Wen-Ch’u circuit. Taot’ai of the Yue-Ch’ang-1i 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 chargé d’affaires, Vienna. Belgium—Chinese minister or chargé d’affaires, Brussels. : Cuba—Chinese minister or chargé d’affaires, Habana. REGULATIONS GOVERNING ADMISSION OF CHINESE. 47 China—Continued. In countries foreign to China—Continued. England—Chinese minister or chargé d’affaires, London. France—Chinese minister or chargé d’affaires, Paris. Germany—Chinese minister or chargé d’affaires, Berlin. Hawaii—Chinese consul, Honolulu. Italy—Chinese minister or chargé d’affaires, Rome. Japan—Chinese minister or chargé d’affaires, Tokyo; Chinese consul-general, Yokohama. Korea—Chinese consul-general, Seoul. Mexico—Chinese minister or chargé d’affaires, Mexico City. Netherlands — Chinese minister or chargé d’affaires, The Hague. Peru—Chinese minister or chargé d’affaires, Lima. Philippine Island — Chinese consul-general, Manila. Portugal-—Chinese minister or chargé d’affaires, Lisbon. Russia—Chinese minister or chargé d’affaires, St. Petersburg. Siberia—Chinese commercial agent, Vladivostok. Spain—Chinese minister or chargé d’affaires, Madrid. Straits Settlements — Chinese consul-general, Singapore. Transvaal—Chinese consul-general, Johannes- burg. Cuba: Chief of immigration department. Dutch Guiana. (See Surinam.) serman protectorate of Kiautschou: Commissioner for Chinese affairs to the government, civil commissioner, or oberrichter. Guatemala: Minister of foreign affairs or subsecretary of state. Hongkong: Registrar-general. Jamaica: Deputy inspector-general of police. Japan: Governor of any fu (district) or ken (prefecture). Hokkaido—Governor-general. Formosa—Chief of prefecture having jurisdiction. Section 6 certificat es—- officers desig- nated to issue; 48 REGULATIONS GOVERNING ADMISSION OF CHINESE. centtacaion 6 Macau, Portuguese province of: Secretary-general. Mexico: Department for foreign affairs. Philippine Islands: Collector of customs. Society Islands: Commissioner of police of the munici- pality of Papeete, Tahiti. Straits Settlements: Colonial secretary. Federated Malay States—Colonial secretary, federal secretary, or secretary for Chinese affairs. Surinam (Dutch Guiana) : Government’s secretary, or secretary ad interim at . Paramaribo. Trinidad: Governor. Venezuela: Mayors of cities or governors of provinces. —to be in- RuLE 31. The certificates prescribed by section 6 of the dorsed when persons Sauk of July 5, 1884, on which Chinese of the exempt class mitted. are admitted to the United States, shall be indorsed by 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. Student— RULE 31a. A student within the meaning of the treaty definition of. . . sl. and laws of the United States relating to the admission and exclusion of Chinese is— (@) 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; (0) 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; (¢) A person who studies to be fitted for some particu- lar 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 REGULATIONS GOVERNING ADMISSION OF CHINESE. 49 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. Rure 32. To prevent violations of law by Chinese sea- Seamen— bond required men discharged or granted shore leave at ports of theif granted United States, bond with approved security in the pen- Tian alty of $500 for each such seaman shall be exacted for his departure from and out of the United States within thirty days. Ruie 33. Every Chinese laborer seeking the privilege, Transit of la- of transit through the United States to foreign territory ments— 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: (a) The applicant shall be required to produce to the Prepaid tick 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 ulterior 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. (6) The applicant in such case, or some responsible per- bond condi- son in his behalf, or the transportation company whose parture; 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 50 REGULATIONS GOVERNING ADMISSION OF CHINESE. Transit of la- borers, require- ments— —photograph ; —action of of- ficers concern- ing; —copies of de- geriptive list; —procedure for cancella- tion of bond. 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 departs may touch at another port of the United States on the way to its foreign port or destination. (¢) The applicant in every such case shall furnish to sald officer in charge, to be taken as directed by said offi- cer, a photograph of himself in triplicate, together with such information as the officer in charge may require. Rue 34. The officer in charge of the enforcement of the Chinese exclusion laws at the port of arrival shall pre- pare a descriptive list, to which one of the photographs required by Rule 33 (¢) 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 35. Two copies of the bound descriptive list re- quired by Rule 34 shall be prepared by the officer in charge on detached blanks corresponding in form with the said bound descriptive list, to each of which shall be attached one of the photographs required by Rule 33 (¢), 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 vessel, by which the Chinese laborer to whom they relate is carried, for delivery to the said officer at the port of exit. Rute 36: One of the copies described in Rule 35 shall be retained by the officer in charge at the port of exit, for his files, and the other, after an indorsement has been made thereon, duly signed and dated, to the effect that the Chinese laborer named therein has been identified and has REGULATIONS GOVERNING ADMISSION OF CHINESE. 51 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 of the Chinese laborer, as provided in Rule 33 (6), to whom said descriptive list refers. Rue 37. No Chinese person who shall satisfy the olfler Srnannt of 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 prtvlen of transit to submit photographs of fharmtves 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. Rure 38. In view of the provisions of section 1 of the msular ter act approved April 29, 1902, it will be necessary for Chi- tion of laws to Chinese res- nese persons of the exempt classes who are citizens or dents of ex- empt classes— 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: Provided, however, That the privilege of transit shall be extended to all Chinese persons other than laborers, as provided in Rule 37. As by section 4 of the act approved April 30, 1900 —Hawaii; (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- 52 REGULATIONS GOVERNING ADMISSION OF CHINESE. Insular ter- a 1 os 1 ripgasular ter-land or insular ports of entry upon producing evidence ton of laws © gufficient to establish such claim. Subjects of the Chinese dents of es Empire of the exempt classes residing in Hawaii must obtain certificates from the representative of their own Government (the Chinese consul, Honolulu), and such certificates must be viséed by the inspector in charge of the immigration service at said port, instead of by a diplomatic or consular officer. simppine The civil governor of the Philippine Islands having, by executive order No. 38, of September 23, 1904, desig- nated the collector of customs, Manila, to éssue to Chi- nese citizens of those islands the certificate provided by section 6 of the act of July 5, 1884, and it being imprac- ticable, even if desirable, under existing circumstances, to require that such certificates shall be viséed, officers al ports of entry for Chinese will regard certificates is- sued to such Philippine citizens in the same manner as certificates issued by officials of foreign countries and viséed by American diplomatic or consular officers. Cer- tificates issued by the Chinese consul-general, Manila, to subjects of the Chinese Empire residing in the Philip- pines will be viséed by the collector of customs at Manila, and when so viséed will be accorded the usual consid- eration. Natives, re- Rure 39. (¢) Any Chinese person presenting, when turning —ac- Ne ; : % ¢eptance of cer- seeking admission to the United States, or in connection court record. with an application for preinvestigation of his claimed status submitted in accordance with this rule, an authenti- cated copy of a judicial finding that he was born in the United States must identify himself as the person to whom such authenticated copy relates. natives, pre- (H) Any Chinese person residing in the United States gation pe a : of status of—and claiming that, by reason of birth in this country, he is lawfully entitled to so reside in, and to depart from and return to, the United States, who desires to go abroad temporarily, may, in order to avoid delay in securing admission upon return to one of the ports of entry named in rule 4 of the Chinese regulations, make written applica- tion to the immigration officer located nearest to his place of residence for preinvestigation of his said claim, such application to be prepared in triplicate on Form No. 430, furnished by said immigration officer, and to be filed at least thirty days prior to the date of proposed departure. n% f° (¢) To each of the three copies of said application there shall be attached a photograph of the applicant printed from the same negative. REGULATIONS GOVERNING ADMISSION OF CHINESE. 53 (d) The officer to whom said application is made shall | Natives, pre- nvestigation obtain from the applicant such documentary proofs of of status of— his claim as he may possess (with duplicate copies there- i artioncar” of), and shall take all necessary steps (by correspondence with appropriate Government officials) to ascertain whether such documents are genuine and relate to the applicant; and shall examine the applicant, such wit- nesses as he may produce, and such other witnesses as may be necessary, causing their testimony to be tran- scribed in duplicate: Provided, That the applicant shall “producing produce all of his witnesses at a time and place agreed upon, and no further witnesses will be examined nor additional evidence considered at his request unless it is clearly shown that its previous production was impossible. (¢) Upon completing the investigation said officer disposition shall, after writing his signature across the margin of theand evidence; photograph Attached to each copy of the application, forward the original and triplicate of the application, the documentary proofs, one transcript of the testimony, and his report of his investigation of the case, to the immigra- tion official in charge at the port of proposed departure. (f) The official in charge at the port of departure shall, —ind prafug upon the receipt of the papers named in the precedingapplication; paragraph, return to the officer from whom received the triplicate copy of the application, placing thereon a state- ment as to whether or not he is satisfied, on the evidence presented, to indorse the application favorably. (¢) In the event an unfavorable response is received 7 final disposi- n ot origi- from the officer in charge at the port, the investigatingnal, duplicate, officer shall notify the applicant thereof, advising hime ores that such decision is not final, but that he may, neverthe- less, if he so desires, depart from the country, relying upon his ability to produce further and more satisfactory evidence on his return. If a favorable response is re- ceived, the investigating officer shall deliver to the appli- cant the duplicate copy of the application, with instruc- tions to exchange it at the office of the immigration officer in charge at the port of departure for the original thereof. The triplicate returned from the port of proposed de- parture and the duplicate copy of the report, of the tran- script of testimony, and of documentary proofs shall be placed on file in the office of the inspector in charge of the district (or subdistrict, as the local practice may rere) in which the applicant has resided. 54 REGULATIONS GOVERNING ADMISSION OF CHINESE. motives, pre (fi) Upon the arrival of the applicant at the port of of status of— departure and the presentation by him of the duplicate of the application, such duplicate shall be placed on file, and the original, with the indorsement of approval ap- pearing thereon filled out and signed, and with the signa- ture and seal of the officer in charge placed over the margin of the photograph, shall be delivered to the appli- cant for use upon his return. apndmission of (¢) On the return of the applicant the original applica- return ; tion shall be compared with the duplicate on file, and with the person presenting it, and if the officer in charge is satisfied of the identity of such person, and nothing has occurred during his absence to discredit the evidence taken on the preinvestigation, he shall be promptly ad- mitted without further examination or investigation. The original application shall then be placed in the files for safekeeping and possible future use by the applicant should he again leave the United States. ancason tor (j) This rule is adopted, in response to a quite general of regulation. demand, as furnishing a convenient method to be followed by Chinese residents of the United States claiming Amer- ican citizenship who are desirous of departing from the country with assurance of prompt readmission on return. It is a privilege, not a requirement, and precludes no one from deferring the submission of his proofs and the de- termination of his claimed status (primarily by an officer in charge at a port and finally on appeal by the Secretary) until application is made for reentry, nor from leaving the country notwithstanding an adverse decision on an application submitted under this rule and again advan- cing his claim on returning to a port of the United States, with the. privilege of appeal if then rejected. of Cortiicates Ryne 40. Certificates of residence issued to Chinese to be taken up peg 1 ’ 1 a to be taken ub registered laborers, if found elsewhere than in possession where than in 1 - here man I of persons to whom issued, should be taken up and de persons a posited with the officer in charge, subject to orders of the Department of Commerce and Labor. ayer an Ruel. Chinese laborers duly registered under act of 1892 are not required to register under act of 1893 to secure admission to or residence within the United States. Tamer 20. Rove 42. The authority, power, and jurisdiction in re- sue; lation to the registration of Chinese lawfully resident in the United States, formerly vested by law in collectors of internal revenue, have been transferred to the Commis- sioner-General of Immigration, Washington, D. C. REGULATIONS GOVERNING ADMISSION OF CHINESE. 55 Rure 43. Hereafter an original certificate of residence Certificates of can be issued to a Chinese laborer only upon the finding 1 cthoq of of a justice, judge, or commissioner of a United States sips orish 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; ex- cept under section 4 of the act approved April 29, 1902. Rure 44. Duplicate certificates of residence will bejmanner, of issued only upon satisfactory proof to the Commissioner- tes; General of Immigration that the Chinese person upon whose behalf application therefor is made has actually, by unavoidable accident, lost his original certificate. Rure 45. Officers in charge of the enforcement of the hi ato be ls Chinese exclusion laws shall not issue any certificate, let- provided, Ln ter, or other document, or any duplicate thereof, other tons: 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. Rute 46. No Chinese laborer found within the United ¢;%pPotuni ty States without the certificate of residence prescribed by Produce. 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 war- rant may be issued, upon the oath of such officer, for the commitment and trial of the said Chinese laborer. Rure 47. The Comptroller of the Treasury having, on Arrests, method of as- April 14, 1905, rendered a decision to the effect that the uring proper 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: (a) Every Chinese person whose arrest is caused by #0 7 Photographs 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 oc- 56 REGULATIONS GOVERNING ADMISSION OF CHINESE. curred, and the other to be attached (in the event that deportation is finally ordered) to the writ of deportation. merrests, (h) When arrests occur at stations the officers of which suring prover are supplied with photographers’ apparatus, the photo- identification— __when photo. 2raphs will be made by such officers; when in other locali- go ie ties, the immigration officers will Pave the photographs than officers; made by local photographers at the least possible expense compatible with a proper performance of the work, bills therefor to be rendered on the blank vouchers supplied for rendering accounts, payable from the appropriation “ Enforcement of the Chinese exclusion acts.” —photograph (¢) 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. TIL ome ree (d) The copy furnished the officer in charge of the dis- 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. To or (¢) The copy attached to the writ in case of deporta- tion should be affixed permanently thereto, and in such manner as to prevent the substitution of some other pho- tograph therefor (the best method of obtaining this re- sult 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 thereby), 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. —cooperation (f) Inspectors should request, and will undoubtedly of officials. , . si, . receive, the full cooperation of commissioners or judges - and marshals or deputy marshals, so far as Necessary, in carrying out the above instructions. "Prosecu- RULE 48. The Department of Justice, under date of Sone Unter August 26, 1897, gave the following instructions: s to assist Ny 0 Is 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 REGULATIONS GOVERNING ADMISSION OF CHINESE. 57 persons of Chinese descent who have been arrested under the Chinese exclusion laws have a lawful right to remain in this country. Rure 49. Orders for the deportation of Chinese persons can be made only by a justice, judge, or commissioner of 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 enforce- ment of the Chinese exclusion laws. Rure 50. The appropriation ¢ Enforcement of the Chi- nese exclusion acts” should be charged with the follow- ing 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. (0) The cost of maintenance of Chinese prisoners com- mencing with the date writ of deportation is first received by the marshal, and in case of appeal, cost of mainte- nance up to the date of such appeal, and from the date of receipt by the marshal of the court’s orders dismissing the appeal. (¢) 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. Upon receiving writs of deportation marshals should at once make written report to the Commissioner-General 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. Rupe 51. Under the authority conferred by section 7 of 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 exclusion of Chinese persons and persons of Chinese descent heretofore vested by law in collectors of customs ¢ Regarding cost of photographing, see Rule 47. Deporta- ion—by whom orders may be issued ; ——charges inci- dent to; — instructions to United States mar- shals concern- ing. Officers in charge— desig- nation and lo- catio 58 Officers A des. have been conferred upon and vested in officers in charge nation and lo- of districts as follows, such officers being under the con- REGULATIONS GOVERNING ADMISSION OF CHINESE. trol of the Commissioner-General of Immigration. Title of officer. Location of head- quarters. Extent of districts. Commissioner of Immigration .. Chinese Inspector in Charge.... Commissioner of Immigration .. Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Supervising Inspector........... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .... Chinese Inspector in Charge .. Commissioner of Immigration 5 Chinese Inspector in Charge .. Commissioner of Immigration . gh Chinese Inspector in Charge .. Boston, Mass New York, N.Y .... Philadelphia, Pa... Mobile, Ala......... New Orleans, La.... Toledo, Ohio Chicago, Ill Minneapolis, Minn. St. Louis, Mo ....... Portal, N. Dak...... Denver, Colo. ...... San Antonio, Tex .. Helena, Mont ...... Salt Lake City, Utah Seattle, Wash....... Sumas, Wash .| Portland, Oreg San Francisco, Cal.. .| Ketchikan, Alaska . San Juan, P.R .| Honolulu, Hawaii .. 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, South Caro- lina, Georgia, Florida, and Alabama. Louisiana and Mississippi. Ohio. Illinois, Indiana, Kentucky, Michigan, and Tennessee. Minnesota and Wisconsin. Missouri, Iowa, and Arkan- sas. North Dakota. Colorado, Nebraska, Kan- sas, Oklahoma, and South Dakota. Texas, New Mexico, and Arizona. Montana and Idaho. ven, Nevada, and Wyo- ng. Wotiugton mas). Sumas, Wash. Oregon. nT. Alaska. Porto Rico. Hawaiian Islands. (except Su- Rute 52. All rules and regulations for the enforcement of the Chinese exclusion laws inconsistent with these rules are, in so far as inconsistent, hereby rescinded. Dax’n J. KEEFE, Commissioner-General of Immigration. Approved February 26, 1907. Oscar S. STRAUS, Secretary. INDEX. 26 Page Accounts, examination of Department..... Acts of Congress relating to Chinese immi- gration— May 6, 1882, as amended in 1884........ 7 September 13, 1888 14 May5,1802............... 18 February 15, 1893 ......... 22 November 3, 1893.......... 23 December 7,1803:.. JL ialiadian 24 August 18,1894. ................. 0... 24 July 7,1808.. ............ 25 April30,1900-.. aa... 25 JUNE.6, 1900. cca vive sics ners . 25 March 3, 1001 i. odi ian oui 26 ApPrili29,1002. 0... Ll La sa nay 26 February 14, 1903.......... 28 February 6,1905........... 30 Mareh-3, 1905.0... 31 Admissible classes of Chinese 34 Admission of Chinese, Department regula- tlonggoverning. oi oad niald 34 Affirmative proof, applicants for admission mustiarnish. ... ono oss ta 19 returning Chinese laborer must furnish. 42 Agents, appointment of, to enforce laws.... 2” Alaska, immigration into. ...... =... 0.0... 27 Angell, J. B., commissioner for the United SEREES. i ee sr ek 3 Appeal, additional time for perfecting..... 36 applicant apprised of right to.......... 35 finality of decision of Secretary of Com- merceand Laboron............:..... 24 habeas corpus proceedings on.......... 19 provision for, from deportation erder.. 18 time allowed for perfecting............ 36 two days allowed for filing notice of... 36 Applicants, private examination accorded See ERE Se 35 Arrest, warrant required for................ Arthur, Chester A., signature of. iidaiod: 6 Articles of the treaty of 1881— Article I. Immigration of laborers for- bidden .... ntl iit 4 Article II. Exempted classes of immi- BTARLY vhs aie ie ma em es ea rea 4 Article III. Treatment of Chinese sub- jects in the United States ............ 5 Article IV. Legislation and modifica- 5 tions provided for..:........c....o.0: Page. Assets, laborer may return if he has certain. 15 Authority of State officers in Chinese cases. 13 Bail, application for writ of habeas corpus doesnot permit of.:-.... i500... 19 pending deportation, Chinese may not bereleased ON... i... cuss vaasictnnionns 23 Birth, evidence to establish..........:..... 52 Blaine, James G., signature of.............. 6 Bond, laborer in transit must give ......... 49 seaman on shore leave must give ...... 49 Boston, Chinese may be admitted at port § SOURIS aC sep OR 16 Brazil, officers who may issue certificates to Chinese subjectS of. ..... ca 0 va. 46 Burden of proof, applicant for admission must hear... Loui trai 19 Cancellation of return certificates ......... 41 Certificate, disposition of suspected ........ 36 exempt classes must have.............. 10 expenses of deporting laborer with section 6... 0 i 13 See also Section 6 certificates. immigration officers may disprove state- mentsof. ne he, 11 no laborer may reenter without........ 16 See also Laborer’s return certificate. penalties for fraud in use of............ 11 retention of, at ports of entry .......... 36 rules fordssaing oan ial 54 See also Merchant; Return certificate. Certificate of identity, departing laborers and domiciled merchants must be BIVeN or Tae dine nae 9,43 Certificate of residence, Chinese in insular possessions must have............... z 28 laborers required to procure......... 19, 20,55 person not a laborer may procure ...... 20,21 photograph of laborer must appear on.. 23 procedure for procuring duplicate. ..... 55 procedure if laborer fails to produce.... 55 See also Resident laborer. Charges incident to deportation... ........ 57 Child, admission of domiciled merchant’s - 45 laborer may return if he has a resident. 15 China, officers who may issue section 6 cer- tificates to subjects of ..........veen.. 45 Citizenship, Chinese forbidden............. 14 Collectors of internal revenue, no fees for registration by.......5....c... ccaieae. 24 60 INDEX. Page Page. Colonies. See Insular possessions. Exclusion laws, Commissioner-General of Commissioners, fees of United States....... 26 Immigration to enferce = oy names of thetreaty........:........... 3 timelimiton............... 7, 18,20 Commissioner-General of Immigration, ex- Executive order of governor of Philippine ecution of exclusion laws placed un- Islands... re se 32 QOL oo a et deena 25 | Exempted classes, certificates for ....... 10, 20, 21 Consular officers, exception in favor of Chi- transitof.....oii. ai loi 51 NESE ir i NE 18 what constitute 4,18,34 refusal to admit Chinese must be certi- Exempt from examination, Chinese on fled to Chinese. ...... tur icc ia vvens 35 vessels of foreign navies.............. 35 Consular visé, certificates must bear ....... 11 | Expenses of deportation, liability for. 13,18, 31, 36 Contagious diseases, President authorized Expositions, admission of Chinese to take tognard against. i... lane. 22 Parbinti nae 27 Contiguous foreign territory, visits of mer- a 43 | Fees, collectors of internal revenue not to Contracting parties to treaty. ............... 3 collect, for registration of resident Country other than China, deportation to. 19 1abOTers. oneal 24 Court record as evidence of lawiul rosi- United States commissioners entitled Sl a 37,52 80. 00eescerrcienns. Sraeseseseeaeanenns 26 Criminals, registration not permitted to.... 21 Felons, registration denied. rmrastno nna. 21 Cuba, officers who may issue certificates to Fines, fraud in uttering certificates pun- Chinese SUbJeCts Of. .......ueeeeensnns 47 ishable by imprisonment and... eee 11 Curiosity, no restrictions on travelers for.. 4 persons who bring laborers into United States subject to...................... 8 Fish merchants, exemption does not in- Dates of treaties with China ............... 3 clade. cc... i lL an. 11,23 Debts, laborer may return if there is due Forms of certificates and notices— him $1.0000n. .. coin aii ians. canis 15 Instructions in Chinese to return formal Decision, unless appealed immigration offi- cerswillgivefinal.................... Definition of term *‘laborer”............... Definition of term ‘‘ merchant” Definition of term “student’’ .............. Departing laborers, collector to make in- ventory of... ci oii ceaasiatveensns 8 Department of Commerce and Labor, act establishing the... :. coolio oal.... 28 Departure, readmission mustbe at port of.. 16 Deportation, certificates of residence neces- garyitoavold .. icons gila.n Chinese held for, not to be imprisoned. 19 expense of, by whom borne......... 18,31,57 issuingoforderof..........coniiiian 57 procedure for... iii... ..io.iilul 13,18,57 Description of departing and returning la- POLL a i ec tease sone ln mae 2 mw wn ieth 4 ai 37,41 Diplomatic officers, law does not apply to.. 13,18 Disability, certification to delays in return eased hy... ii. ili ene 16, 20, 42 Disease, President authorized to guard against importation of................ 22 District attorneys, duties of ................ 26, 56 Districts, extent of Chinese immigration... 58 Domiciled merchants. See Merchant. Dominion of Canada, officers who may issue certificates to Chinese subjects of.... 46 Duplicates and stubs, disposition of, to re- turn certificate .....covecarvsinnncvain 41 Entry of Chinese by land .................. 13 Evidence for admission, certificates shall be Solel ll de a te 11 Exceptions for resident laborersand vessels fndistressi io oso eo a ian. 8 Exceptions to laws, for men admitted for CXPOSIHIONS siccnscaescrssrisrssnaasses 27 deter .. oi ie ates i sia 45 Instructions to departing laborer....... 40 Laborer’s return certificate............. 39 Notice of return of domiciled merchant. 44 Notice toimmigration officer of laborer’s intention toreturn-:.....-.....oli... 40 Notice to merchant to establish status beforereturt ........... ovo suinsss 44 Foreign navies, Chinese on vesselsof ...... 35 Foreign tax, deportation to China to avoid. 19 Forgery of certificate, penalty for.......... 17,22 Fraud, certificates procured by.......... 11,17,22 Guatemala, officers who may issue certifi- cates to Chinese subjects of........... 47 Habeas corpus, application for writ of..... 19 Hawaii, admission of Chinese citizens of... 51 Chinese immigration laws extended to. 25 officers who may issue certificates to Chinese In... iii dais. 47 registered laborers in, not permitted to enter United States. .........iculici.l 25 United States not open to Chinese from. 25 Head tax, method of collecting............ 29 Honolulu, Chinese may enter through port Of ois si ibaa tin as tee hres ta a 35 Hsien Feng, eighth year of, date of first ITCALY ees res edie sits is ross nnilee tine 3 Hucksters, exemption does not apply to.... 11,23 Identification, manner of.......... 8,23,37,41,52 Immigration, jurisdiction of Department of Commerce and Labor over............ 29 Immigration laws apply to Chinese........ 34 Imprisonment of debarred Chinese, law for, declaredvold..... oi... oi... 19 Infectious diseases, President authorized to guard against importation of......... 22 Instructions to departing laborer........... 40 INDEX. 61 Page. Page. Insular possessions, exclusion laws apply Merchant, ad interim investigation of status BOs es Et a ds sas 26,27, 28 of domiciled. s..ocsovusruess toninres 44 exclusion laws permit transit in........ 27,32 admission of wife and children of domi- regulations governing migration of celled... oc oiinad anatase 45 Chinesefrom i... .c occ cc irivuness 33 certificates for... . ii. dennis nnanseien 10 transit from and between .............. 51 condition for visits to contiguous for- Investigation, status of laborer subject to eign tereiloryiby .... vedi sia 43 Sadinterimen clu i saa Sees 39 definition of the term................... 23 status of domiciled merchant subject to. 43 no restrictions on immigration of...... 4 Japan, officers who may issue certificates holies of frends] Ie rol aumiofled. Hn . proof of status required from returning toChinese in... ...c..ciceiensayes nny 47 domoilod a Joint resolution of December 7,1893........ 24 EE Ss TAP TIER ees ia 25 status prior to departure of domiciled . 43 > testimony required to establish status Kuangshu, sixth year of, immigration AS OPMNGN (cowie dia 23 treaty sismediin J... .... 0. .ul.L. 5 | Mexico, officers who may issue certificates ; Sea i to .Chineseidn ....2. cc cian iaaiias 48 RA TIN Ro | mse ian LL 2 conditions for transit of................ 49 | Natives of United States not excluded..... 34 definition of term... 5 ov. illness 14,23 status, how established... ............... 52 description of departing and returning. 41 | Naturalization, Chinese, forbidden......... 14 exception in favor of resident.......... 8 | New Orleans, Chinese may be admitted at exclusion of,underlaws of 1882and 1884. 7 pOrtor i TE 16 instructions to departing New York, Chinese may be admitted at law regulating return of porhof... coi nan i ial ss ol 16 limitation and suspension of immigra- Notice of sailing, masters must give........ 35 gration of... ci sl... ees 4 notice of intended return of............ 40 procedure for registration of resident .. hd readmission of returning............... 42 record of departing and returning ..... 42 registration of Hawaiian............... 25 registration of resident................. 19,20 Laborer’s return certificate, evidence on whichitojdssme......-... cc... .. 0. 37 39 15 procedure for procuring 37 transfer avolds......... co... 39 Land, entry of Chinese by .........-....... 13 “Landed,” definition of the term.......... 35 Laundrymen, laborer includes the occupa- flonof......... coach eo 23 Legislation, treaty provides for ............ 5 Letters notifying collector of intended re- turn of Chinese. See Forms. Li Hungtsao, treaty commissioner for CHING see sn nis sass asses ais is 4 Limitation, exclusion laws relieved of time. 26 Lossof certificate... ...-:...hve onan canesi. 21 MEacau, officer who may issue certificates to Chinese in’, 2... ol oi in 5) 48 Mainland, definition of the term 27 Malone, N. Y., Chinese may enter through Dortof ci... vin 35 Marriage, conditions of laborer’s, entitling him to readmission.......... LiL... 15 Masters, duties of, with regard to deporta- tionof Chinese... ..... i. sil 35 liability of, for carrying excluded classes 8 penalty for violations by............... 17 sworn list of passengers to be furnished BY. i i seein, 12 Notices relative to return. See Forms. Officers, before whom deportation proceed- ings may be brought ................. 17 Officers in charge, designation and loca- Honolua sls ie B7 OMfCeTeOOT. ;.. fa viiausssnsnsnsnsmenans 56 Overtime certificates, consular officers to certify lo... i. i sa, 42 Pao Chun, commissioner for China........ 4 Parent, laborer may return if he was a resi- dent. iad di de 15 Passengers, masters to furnish sworn list of . 12 Peddlers, class of merchants does not in- elnde oo a ne 131,28 Peking, treaty signed at. .......o. i. 00. 0 3 Penalty, laborers brought into United Statesunder,........ i ddivi iil is. 8,12 unlawful landing of Chinese under.... 13 use of fraudulent certificates under.... 11 violations not specified under.......... 14 violation on part of master under...... 17 Period of exclusion.......... 0.0. 0... 7,18,26 Philippines, administration of immigration claws ta sd Sa 30, 32 certificates issued to Chinese in........ b1 officers who may issue certificates to Chinesedn i... ol colitis 48 registration of Chinesein............... 28 Philippine Commission, time for registra- tion may be extended by the......... 28 Photograph, Chinese laborer’s certificate must contain... .....l.. Lalo el 38 laborer in transit must furnish a....... 50 officers authorized to order............. 55 requirements with regard to........ 16, 52, 53 section 6 certificate must contain ...... 23 62 INDEX. . Page. | Ponce, Chinese may enter through port of. 35 | Rules for administering laws for admission Port, departure and readmission must be at of Chinese— Same. ea ie 16 | Rule 1. Admissible classes ............. Portal, N. Dak., Chinese may enter through Rule 2. Persons constituting admissible POTLOf. os i aE De ls 35 | OYHSSeS nl aa Portland, admission of Chinese at port of.. 16 Rule 3. General immigration laws ap- Ports, Chinese may be admitted only | ply to.Chinese....... 0c. coiaieenc.s through certain... ooo sn. 16, 35 Rule 4. Ports at which Chinese may Port Townsend, Chinese may be admitted enter Jo.ecsueas tt hati through porbof: i uli tila 16 Rule 5. Chinese applicants must be ex- Portugal, officers who may issue certificates amined promptly... ..-.. i. lll to Chinese subjects of ................ 18 | Rule 6. Examination of applicants and Preamble, act of 1882 and 1884.............. 7: Witnesses. Le a ealy of 1881. cov oe lili, 3 Rule 7. Legal interpretation of term Privileges, Chinese subjects in United “landed? oo. on oii nde States. a aT H Rule 8. Notice of sailing required...... Proclamation, treaty made known by...... 3 Rule 9. Expense of deportation to be Promissory notes, readmission will not be borne by transportation company-.... granted on evidence of indebtedness Rule 10. Reports to be made monthly. . Shown hy. ci. sevens aia 15 Rule 11. Certiflcates to be taken up at Proof, Chinese claiming right to be in United { portsof entry... .. ccc.c.ihoet itis States must show affirmative......... 19,43 | Rule12. Twodays allowed for filing no- Property, laborer may return if he has cer- ticeof appeal...........v. iol... tain. ils se 15 | Rule 13. Time allowed for perfecting ' ip of an‘appeal...................... 0h. ees ‘Quarantine, President may declare a total. 22 Rule 14, Additional time for perfecting IRatification of treaty ...................... 5 ADDOHL. irene mmsnns dun retisescnns Railway company, expense of transporta- | © Rule 15. Persons entitled to return cer- tiontobeborneby.................... 36 | RGATER, a Readmission, port of departure must be Rule 16. Evidence on which to issue re- that of.........cnneeennneanean ae. 16 | turn certificates...................... returning laborer’s..................... 42 Rule 17. Laborer’s return certificate ... Record, applicant’s attorney and Chinese Rule 18. Conditions for readmission consul allowed to examine........... 35 | must remain as on departure......... departing and returning laborer’s...... 41 Rule 19. Ad interim investigation ..... manner of keeping office............... 56 Rule 20. Duplicates and stubs of return port of entry required to keep certain. . 36 cortifieatons i Ea Reentry of laborers, certificates providing Rule 21. Record of departing and re- fOF. oa peuln ace ih re 8 turning Inborers. ..... 0. no Registration, fees not collectible for........ 24 Rule 22. Readmission of returning la- jurisdictionoyers........:.:. ooo. 54 POTETS asi a ean laborers in Hawaii must submit to..... 25 Rule 23. Return of registration certifi- one certificate of, sufficient............. bd cates a a i ee resident Iaborer's. ..... i. casi dadanian 19,20 Rule 24. Consular certificatesregarding return to laborers of certificate of ..._.. 42 laborers’ overtime...... .. tas Regulations, admission of Chinese under Rule 25. Status of domiciled merchants GETHIN Weis hii series sd sus saimenoed 34-58 prior to: Aepartare .... odes sosmoba vas enforcement of immigrationlaws under Rule 26. Visits of domiciled merchants COTtalif ovens ai uon os to contiguous territory ............... power for making Rule 27. Returning merchants must Reports, immigration officers to make ..... 36 provestagns oot lun Lora. Resident laborer, certificate must contain Rule 28. Ad interim investigation of photographiof ...... coi auiianiaiiiy 23 status of returning merchant ........ certificates required of, in islands...... 27 Rule 29. Wife and children of domiciled exception of .ou.. ou ii ta saaiildhaii 8 merchant ...oue is eaionsdsnesdosenens no fees for registration of............... 24 Rule 80. Officers that may issue certifi- one registration sufficient for........... 54 CES ren dda te ea ee se ae registration of -......-.. ea es 19,20 Rule 31. Indorsement on section 6 cer- Return certificate, cancellation of.......... 41 HACHIES... is side im saan bh wn sain inns evidence on which toissue............. 37 Rule 31a. Definition of student ........ formof.. cect io ria oli a 39 Rule 32. Bond required for Chinese sea- jssweof..............0. co.cc 15 men on Shore 16aVe ;.s.---a:o-vanaie- personsentitled to.................in 37 Rule 33. Conditions for transit of labor- Returning laborers, readmission of......... 14,41 Or. seta sessed vier ste Richford, Vt., Chinese may enter through Rule 34. Duties of officers with regard POTLOfS. Cr el 35 to laborers in transit ................. Page. 34 34 34 36 36 36 37 37 41 41 42 42 46 48 48 49 49 INDEX, Page. Rules for administering laws, ete.—Con. Rule 35. Descriptive list of laborers in transl. .c.co rae ee ass 50 Rule 36. Cancellation of bond of labor- eprintransit. ood iin ann 50 Rule 37. Transit of exempt classes..... 51 Rule 88. Administration of laws in in- ~ SUlar POSSESSIONS ..... cvs -taccanaisnes 51 Rule 39. Establishing of status of na- Hives. ......c.oii a eases 52 Rule 40. Certificates of residence not in possession of rightful owner.......... 54 Rule 41. Registration under one act sufficient... io. ian 54 Rule 42. Jurisdiction over registration of Chinese. io. 54 Rule 43. Procedure of for registration of resident Chinese ................... 55 Rule 44. Issuing of duplicate certifi- Cates... Loui is enieain nae 55 Rule 45. Only certificates provided by Jawtobelssaed. i... i. oon 55 Rule 46. Time allowed to produce cer- tifleates. oii isa 55 Rule 47. Procedure after arrest of Chinese person. ....-d..eiiiieiivuens b5 Rule 48. Duties of United States at- OPNeYR. ia Sek b6 Rule 49. Order of deportation ......... b7 Rule 50. Charges and instructions in- cident to deportation... ............... 57 Rule 51. Designation and location of officersincharge.. ........ 00... 00. 57 Rule 52. Inconsistent rules rescinded. 58 Sections of laws regulating the admission of Chinese— Section 1. (Act of 1882-1884.) Period of exelusion.. cL. i. ii tle ino 7 Section 1. (Act of May 5,1892.) Period of exclusion extended................ 18 Section 1. (Act of March 3, 1901.) Des- ignation of commissioner for trial of ORINeRe oes a aos ssi as 26 Section 1. (Act of April 29, 1902.) Ex- clusion laws not limited in time ..... 26 Section 2. (Act of 1882-1884.) Liabil- ity of mastersof vessels .............. 8 Section 2. (Act of May 5, 1892.) De- portation to country other than China =. oa. see 18 Section 2. (Act of November 3, 1893.) Definition of term ‘laborer’ ........ 22 Section 2. (Act of March 3,1901.) Fees of United States Commissioners...... 26 Section 2. (Act of April 29,1902.) Sec- retary of Commerce and Labor author- jzed to enforce laws................ Sa 27 Section 3. (Act of 1882-1884.) Excep- tions in favor of resident laborers and vessels in distress................ 8 Section 3. (Act of May 5, 1892.) Bur- den of proof on Chinese.............. 19 Section 3. (Act of March 3,1901.) War- rant for arrest of Chinese............. 26 Section 3. (Act of April 29, 1902.) Ad- mission of Chinese to take part in ex- { positions.......... 0... 00. ane 27 | 63 Page. Sections of laws regulating, ete.—Con. Section 4. (Act of 1882-1884.) Identifi- cation of laborers departing from United States....................0.... 8 Section 4. (Act of May b, 1892.) Pro- vision for imprisonment void ........ 19 Section 4. (Act of April 29,1902.) Reg- istration of Chinese in Philippines... 28 Section 5. (Act of May 6, 1882.) Cer- tificate for laborer departing by land. 10 Section 5. (Act of September 13, 1888.) Return of laborers prohibited........ 14 Section 5. (Act of May 5, 1892.) Bail not allowed on application for writ of habeas corpus... ....... 00s. oo 19 Section 6. (Act of 1882-1884.) Admis- sion of exempt classeS................ 10 consular visé necessary on certifi catesunder-.i......... onl 11 indorsement on certificates under. . 48 officers that may issue certificates under... sas 46 Section 6. (Act of September 13, 1888.) Conditions on which laborer may re- turn to United States................. 15 registration of resident laborers. ... 19,20 Section 6. (Act of May 5, 1892.) Regis- tration'of laborers.................... 19,20 photograph must beattached to cer- tificateunder.......... Lolo 23 Section 6. (Act of February 6, 1905.) Administration of immigration laws In’ Philippines: ...c....0000 0. 0 ., 30 Section 7. (Act of May 6, 1882.) Pen- alties for uttering fraudulent certifi- cates J. soi a a 11 Section 7. (Act of September 13, 1888.) Identification of returning laborer... 15 Section 7. (Actof May 5, 1892.) Secre- tary of Commerce and Labor to pre- scribe rules for enforcement of law.. 21 Section 7. (Act of February 15, 1893.) President authorized to declare total quarantine. ........... Ln on Loh, 22 Section 8. (Act of 1882-1884.) Sworn list of passengers by masters......... 12 Section 8. (Act of September 13, 1888.) Regulations by Secretary of Com- merceand Labor... ..... cc. iii. 16 Section 8. (Act of May b, 1892.) Penalty for forgery... i. loci sania teai 22 Section 9. (Act of May 6, 1882.) Exam- ination of lists and passengers....... 12 Section 9. (Act of September 13, 1888.) Penalty for violation of law by master of a vessel..........o.c.icnuseiie..s ln 17 Section 10. (Act of 1882-1884.) Forfei- ture of vessel found violating laws... 12 Section 10. (Act of September 13, 1888.) Exceptions to law providing penalty Jor masters. ...... cli dias oes 17 Section 11. (Act of 1882-1884.) Penalty for unlawful landing of Chinese..... 13 Section 11. (Act of September 13, 1888.) Penalty for forgery of certificate..... 17 Section 12. (Act of 1882-1884.) Deporta- tion procedure........ asvisemiemasne 13 64 INDEX. : Page. Page. Section of laws regulating, etec.—Con. Sumas, Wash., Chinese may enter through Section 13. (Act of 1882-1884.) Diplo- porbol.. ic aiid fie ees 35 matic officers and household exempt. 13 | Swift, J. F., commissioner for the United ~ Section 13. (Act of September13, 1888.) States: iu... ln Seen Ge, 3 Deportation procedure............... 17 | Sworn list of passengers, masters to fur- Section 14. (Act of May 6, 1882.) Nat- nish. oii aise is ved tas te eas 12 uralization of Chinese prohibited... . 14 penalty for refusing to furnish ......... 12 Section 14. (Act of September 13, 1888.) Foumbs OLN torth h f Exception in favor of diplomatic of- pa, hl ose may ony or rong) port of. 35 foots... 18 Tax, deportation to China to avoid........ 19 Section 15. (Act of 1882-1884.) Term method of collecting head. ezzoozecns 3 Seishorerm defined... i oi 14 | Teachers, immigration Of... ct 4 Section 16. (Act of 1882-1884.) Penal- Ticket, laborer in transit must have pre- ties for further violations ............ 14 i pug SEE YIN, Ir 49 Section17. (Actof 1832-1884.) Act not Time imitation, exclusion lawsrelievedof. 26 elronctiVve ties i iis ves 14 Tourists, certificates for ............... fer. 11 Section 101. (Act of April 30, 1900.) ay Jon rae Of conver 2 Registration of laborers in Hawaii... 25 1 . TOT 8: rarer sos San Diego, Cal., Chinese may enter through exempt Classes IN. y-ray 51 POOL: en 35 insular possessions ..................... 51 eT : Transportation company, expenses of de- San Francisco, admission of Chinese at portation to be borne by 36 Dory of. emma 1 Travelers, certificatefor ................... n San Juan, Chinese may enter through port of 35 Treatment of Chinese subjects in United Seamen, bond required for Chinese........ 49 States 4 Secretary of Commerce and Labor, appeals Treaty of 1880. “tox of the eae Saree 3 BOs bodihi fa re tua dada 24 ? oS a Shuster, W. Morgan, cortt fates of Aout Dy commissioner for the United : : inre from Philippines tobe iss ssued by, 23 Trinidad, officer who may issue certificates Sickness, certification for delaysin return to Chinese in 48 caused by... puny Ly 2 2 Tung Chih, seventh year of, year of the delay in procuring certificate of resi- Soeond treaty with China 3 dence Ate 10... iq: nist aoiiint divans 20,21 YAMA en > extra time allowed a Chinese laborer United States attorneys, duties of ......... 56 on account iof. ii... aside id in 16,42 | Unlawful landing, penalty for assisting in. 15 Signatures of COMMISSIONCTS er» REET 5 Venezuela, officers who may issue certifi- Society Islands, officers who may issue cer- cates tc Chinese In 48 fioates to Chinese in. EERIE TRY aa 43 Vessel, exception in favor of, in distress ... 8 State officers, authority of in deportation master of, liable for infractions of laws. 8 Ln nha 13 violations punishable by forfeiture of.. 12 Statusof merchants mustremain unchanged Visé, certificates must have consular. 11 during absence... .:..-c.iivevavssinns a nase snes Steamship company, expense of deporta- | Warrant for arrest, rules for issuance of... 26 tion tobe borne by........occveivans’ 36 | Wife, admission of, of domiciled merchant. 45 Straits Settlements, officers who may issue laborer may return if he has a resident. 15 certificates to Chinese in the......... 48 | Witnesses, examination of ................. 35 Stubs, disposition of, to return certificates. . 41 expenses of aliens detained as ......... 31 Student, definition of .......ccoieiiiianann. 48 | Wong Wing, decision in case of ............ 19 Students, no restriction on immigration of. 4 | Wright, Luke E., proclamation by ......... 32 Subjectsof China, rights in United States of. 4 | Writ of deportation, identification by the.. 56 m Oo UNIVE: RETURN CIRCULATION DEPARTMENT TO Main Library « 198 Main Stacks LOAN PERIOD 1 [2 3 HOME USE 4 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS. 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