IMMIGRATION. Act of March 3, 1903, ch. 1012, 102. Sec. 1. Head Tax on Alien Passengers-Payment or Collection"Immigration Fund" - Disposal, 102. 2. Classes Excluded Admission, 103. 3. Punishment for Importing, etc., Women for Prostitution, 103. 4. Importing Contract Labor Prohibited, 104. 5. Penalty for Violations-Suits by Informers, etc., 104. 6. Advertising to Encourage Alien Labor Immigration Prohibited, 104. 7. Soliciting Immigration by Vessel Owners Prohibited, 104. 8. Punishment for Illegally Landing Aliens, etc., 105. 9. Exclusion of Persons with Loathsome, etc., Disease - Fine for Violation, 105. 10. Decision of Special Board of Inquiry as to Diseased Persons, Final, 105. 11. Return of Alien Accompanying Rejected Helpless, etc., Alien, 105. 12. Lists of Alien Passengers Required Contents, 106. 13. Designation, etc., of Aliens on Lists - Certificate of Medical, etc., Examination, 106. 14. Medical Certificate, 106. 15. Penalty for Not Delivering Lists, 107. 16. Inspection by Immigration Officers, 107. 17. Medical Examination on Arrival - Reimbursing Expenses, 107. 18. Penalty for Permitting Illegal Landing, 108. 19. Return of Aliens Illegally Landed - Detention as Witnesses, 108. 20. Deportation Within Two Years After Arrival, 108. 21. Return of Illegally Entered Alien in Three Years, 109. 22. Powers and Duties of Commissioner-General of Immigration RulesDetail of Officers, 109. 23. Duties of Commissioners of Immigration, 109. 24. Immigrant Inspectors, etc., Appointment and CompensationPowers and Duties - Decisions, 110. 25. Special Inquiry Board-Hearings- Appeals, 110. 26. Restriction on Bonds, III. 27. No Compromise Unless Court Consents, III. 28. Pending Suits Not Affected, 111. 29. Jurisdiction of Federal Courts, III. 30. Immigrant Station Privileges-Disposal of Restrictions, III. 31. Local Courts Granted Jurisdiction, III. 32. Entries of Aliens by Railroads, 112. 33. "United States" Defined, 112. 34. No Liquors to Be Sold in Capitol, 112. 35. Ports of Deportation, 112. 36. Inconsistent Laws Repealed, 112. 37. Families of Aliens Having Contagious Diseases - Temporary Detention, I12. 38. Anarchists, etc., Prohibited Entry- Enforcement - Penalties for Assisting Illegal Entries, 113. 39. (Naturalization of Anarchists, etc., Forbidden. See NAturalizaTION, post, p. 238), 113. Res. of April 28, 1904, No. 34, 113. Secretary of Commerce and Labor" Substituted for "Secretary of the Treasury" in Preceding Act, 113. Act of Feb. 3, 1905, ch. 297, 113. Sec. 1. Refund of Head Tax Erroneously Collected, 113. Act of April 27, 1904, ch. 1630, 113. Sec. 1. Appropriations for "Expenses of Regulating Immigration,” 113. Act of March 3, 1905, ch. 1484, 114. Sec. 1. Expenses of Witnesses Detained, 114. CROSS-REFERENCES. Lists of Passengers, see CARRIERS, ante, p. 59. Control of, see COMMERCE AND LABOR, ante, p. 62. Immigration of Chinese, see CHINESE EXCLUSION, ante, p. 54. Laws Applicable to Philippine Islands, see PHILIPPINE ISLANDS, post, p. 257. An Act To regulate the immigration of aliens into the United States. [Act of March 3, 1903, ch. 1012, 32 Stat. L. 1213.] [SEC. 1.] [Head tax on alien passengers — payment or collection — "immigration fund". disposal.] That there shall be levied, collected, and paid a duty of two dollars for each and every passenger not a citizen of the United States, or of the Dominion of Canada, Newfoundland, the Republic of Cuba, or of the Republic of Mexico, who shall come by steam, sail, or other vessel from any foreign port to any port within the United States, or by any railway or any other mode of transportation from foreign contiguous territory to the United States. The said duty shall be paid to the collector of customs of the port or customs district to which said alien passenger shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of every such vessel or transportation line. The money thus collected shall be paid into the United States Treasury and shall constitute a permanent appropriation to be called the “immigrant fund," to be used under the direction of the Secretary of the Treasury to defray the expense of regulating the immigration of aliens into the United States under this Act, including the cost of reports of decisions of the Federal courts, and digests thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees appointed for the purpose of enforcing the provisions of this Act. The duty imposed by this section shall be a lien upon the vessels which shall bring such aliens to ports of the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels, and the payment of such duty may be enforced by any legal or equitable remedy. The head tax herein provided for shall not be levied upon aliens in transit through the United States nor upon aliens who have once been admitted into the United States and have paid the head tax who later shall go in transit from one part of the United States to another through foreign contiguous territory: Provided, That the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of the Treasury, by agreement with transportation lines, as provided in section thirty-two of this Act, may arrange in some other manner for the payment of the duty imposed by this section upon aliens seeking admission overland, either as to all or as to any such aliens. [33 Stat. L. 144.] SEC. 2. [Classes excluded admission.] That the following classes of aliens shall be excluded from admission into the United States: All idiots, insane persons, epileptics, and persons who have been insane within five years previous; persons who have had two or more attacks of insanity at any time previously; paupers; persons likely to become a public charge; professional beggars; persons afflicted with a loathsome or with a dangerous contagious disease; persons who have been convicted of a felony or other crime or misdemeanor involving moral turpitude; polygamists, anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States or of all government or of all forms of law, or the assassination of public officials; prostitutes, and persons who procure or attempt to bring in prostitutes or women for the purpose of prostitution; those who have been, within one year from the date of the application for admission to the United States, deported as being under offers, solicitations, promises or agreements to perform labor or service of some kind therein; and also any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes; but this section shall not be held to prevent persons living in the Unted States from sending for a relative or friend who is not of the foregoing excluded classes: Provided, That nothing in this Act shall exclude persons convicted of an offense purely political, not involving moral turpitude: And provided further, That skilled labor may be imported, if labor of like kind unemployed can not be found in this country: And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional actors, artists, lecturers, singers, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants. Stat. L. 1214.] A Chinese person suffering from a dangerous contagious disease belongs to one of the classes of aliens which should be excluded from the United States under the provisions of this section. (1903) 24 Op. Atty.-Gen. 706. Contract laborers. - Congress did not intend by this act, which omits in specifying the excluded classes the clause in the prior Act of 1891, relating to "contract laborers excluded under the Act of Feb. 26, 1885," to abrogate the existing provisions of law touching the exclusion of contract laborers. In re Ellis, (1903) 124 Fed. Rep. 637. An expert accountant is not a person belonging to a "learned profession" within the exception as to contract laborers. In re Ellis, (1903) 124 Fed. Rep. 637. Detention of injured seaman in hospital.— An alien seaman injured aboard a British vessel, and sent ashore to a hospital for treatment through the British consul, cannot be detained by the hospital authorities against his wish, on the ground that he is not cured and is liable to become a public charge, and that the consul directed his detention until he was cured so that, he might be returned to the port from which he came, and he will be discharged on habeas corpus. In re Carlsen, (1904) 130 Fed. Rep. 379. SEC. 3. [Punishment for importing, etc., women for prostitution.] That the importation into the United States of any woman or girl for the purposes of prostitution is hereby forbidden; and whoever shall import or attempt to import any woman or girl into the United States for the purposes of prostitu tion, or shall hold or attempt to hold, any woman or girl for such purposes in pursuance of such illegal importation shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not less than one nor more than five years and pay a fine not exceeding five thousand dollars. [32 Stat. L. 1214.] SEC. 4. [Importing contract labor prohibited.] That it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to assist or encourage the importation or migration of any alien into the United States, in pursuance of any offer, solicitation, promise, or agreement, parole or special, expressed or implied, made previous to the importation of such alien to perform labor or service of any kind, skilled or unskilled, in the United States. [32 Stat. L. 1214.] SEC. 5. [Penalty for violations - suits by informers, etc.] That for every violation of any of the provisions of section four of this Act the person, partnership, company, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any alien to the United States to perform labor or service of any kind by reason of any offer, solicitation, promise, or agreement, express or implied, parole or special, to or with such alien shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any kind as aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit when brought by the United States. [32 Stat. L. 1214.] SEC. 6. [Advertising to encourage alien labor immigration prohibited.] That it shall be unlawful and be deemed a violation of section four of this Act to assist or encourage the importation or migration of any alien by a promise of employment through advertisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coming under a promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apply to States or Territories, the District of Columbia, or places subject to the jurisdiction of the United States advertising the inducements they offer for immigration thereto, respectively. [32 Stat. L. 1215.] SEC. 7. [Soliciting immigration by vessel owners prohibited.] That no transportation company or owner or owners of vessels or others engaged in transporting aliens into the United States, shall, directly or through agents, either by writing, printing, or oral representations, solicit, invite, or encourage the immigration of any aliens into the United States except by ordinary commercial letters, circulars, advertisements, or oral representations, stating the sailings of their vessels and terms and facilities of transportation therein; and for a violation of this provision any such transportation company and any such owner or owners of vessels, and all others engaged in transporting aliens to the United States, and the agents by them employed, shall be subjected to the penalties imposed by section five of this Act. [32 Stat. L. 1215.] SEO. 8. [Punishment for illegally landing aliens, etc.] That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector, or not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding one thousand dollars for each and every alien so landed or attempted to be landed, or by imprisonment for a term not less than three months nor more than two years, or by both such fine and imprisonment. [32 Stat. L. 1215.] SEC. 9. [Exclusion of persons with loathsome, etc., disease - · fine for violation.] That it shall be unlawful for any person, including any transportation company other than railway lines entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien afflicted with a loathsome or with a dangerous contagious disease; and if it shall appear to the satisfaction of the Secretary of the Treasury that any alien so brought to the United States was afflicted with such a disease at the time of foreign embarkation, and that the existence of such disease might have been detected by means of a competent medical examination at such time, such person or transportation company or the master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section; and no vessel shall be granted clearance papers while any such fine imposed upon it remains unpaid, nor shall such fine be remitted. [32 Stat. L. 1215.] - Stowaways. - This section is intended only to apply to a case where a diseased person is brought in by the vessel as a passenger, or voluntarily, or when the vessel owner or transportation company has an opportunity to discover the existence of the disease by means of medical examinations at the time or before the alien is taken on board. It is not applicable to the case of persons brought in as stowaways, who had stolen passage. Cunard Steamship Co. v. Stranahan, (1904) 134 Fed. Rep. 318. SEC. 10. [Decision of special board of inquiry as to diseased persons, final.] That the decision of the board of special inquiry, hereinafter provided for, based upon the certificate of the examining medical officer, shall be final as to the rejection of aliens afflicted with a loathsome or with a dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act. [32 Stat. L. 1216.] SEC. 11. [Return of alien accompanying rejected helpless, etc., alien.] That upon the certificate of a medical officer of the United States Marine-Hospital Service to the effect that a rejected alien is helpless from sickness, physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien |