final disposal of the alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision. [32 Stat. L. 1220.1

Res adjudicata. The decision of the board addressed to the inquiry whether certain alien immigrants detained had come to this country in violation of law as contract laborers, in favor of the aliens, is not res adjudicata on that question and conclusive

upon their right to enter and remain, but the secretary of commerce and labor, under sec. 21, may at any time within three years institute a new inquiry to try the same question. Pearson v. Williams, (C. C. A. 1905) 136 Fed. Rep. 734.

SEC. 26. [Restriction on bonds.] That no bond or guaranty, written or oral, that an alien shall not become a public charge shall be received from any person, company, corporation, charitable or benevolent society or association unless authority to receive the same shall in each special case be given by the Commissioner-General of Immigration, with the written approval of the Secretary of the Treasury. [32 Stat. L. 1220.]

SEC. 27. [No compromise unless court consents.] That no suit or proceeding for a violation of the provisions of this Act shall be settled, compromised, or discontinued without the consent of the court in which it is pending, entered of record, with the reasons therefor. [32 Stat. L. 1220.]

SEC. 28. [Pending suits not affected.] That nothing contained in this Act shall be construed to affect any prosecution or other proceeding, criminal or civil, begun under any existing Act or any Acts hereby amended, but such prosecutions or other proceedings, criminal or civil, shall proceed as if this Act had not been passed. [32 Stat. L. 1220.]

Subsequent prosecutions. - The saving clause in this section relates to subsequent prosecutions, as well as those already pend

ing based upon prior violations of the law. Lang v. U. S., (C. C. A. 1904) 133 Fed. Rep.

201.

SEC. 29. [Jurisdiction of Federal courts.] That the circuit and district courts of the United States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provisions of this Act. [32 Stat. L. 1220.]

SEC. 30. [Immigrant station privileges — disposal of — restrictions.] That after the first day of January, nineteen hundred and three, all exclusive privileges of exchanging money, transporting passengers or baggage, or keeping eating houses, and all other like privileges in connection with any United States immigrant station, shall be disposed of after public competition, subject to such conditions and limitations as the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of the Treasury, may prescribe: Provided, That no intoxicating liquors shall be sold in any such immigrant station; that all receipts accruing from the disposal of such exclusive privileges as herein provided shall be paid into the United States Treasury to the credit of the immigrant fund provided for in section one of this Act. [32 Stat. L. 1220.]

SEC. 31. [Local courts granted jurisdiction.] That for the preservation of the peace, and in order that arrests may be made for crimes under the laws of the States and Territories of the United States where the various immigrant stations are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper State and municipal officers charged

with the enforcement of such laws, and for the purposes of this section the jurisdiction of such officers and of the local courts shall extend over such stations. [32. Stat. L. 1220.]

SEC. 32. [Entries of aliens by railroads.] That the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of the Treasury, shall prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico, so as not to unnecessarily delay, impede, or annoy passengers in ordinary travel between the United States and said countries, and shall have power to enter into contracts with foreign transportation lines for the same purpose. [32 Stat. L. 1221.]

SEC. 33. ["United States" defined.] That for the purposes of this Act the words " United States as used in the title as well as in the various sections of this Act shall be construed to mean the United States and any waters, territory or other place now subject to the jurisdiction thereof. [32 Stat. L. 1221.]

SEC. 34. [No liquors to be sold in Capitol.] That no intoxicating liquors of any character shall be sold within the limits of the Capitol building of the United States. [32 Stat. L. 1221.]

SEC. 35. [Ports of deportation.] That the deportation of aliens arrested within the United States after entry and found to be illegally therein, provided for in this Act, shall be to the trans-Atlantic or trans-Pacific ports from which said aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. [32 Stat. L. 1221.]

SEC. 36. [Inconsistent laws repealed.] That all Acts and parts of Acts inconsistent with this Act are hereby repealed: Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration, or exclusion of, Chinese persons or persons of Chinese descent. [32 Stat. L. 1221.]

The object of the proviso in this section was to prevent a misinterpretation of the repealing clause, and to forestall any attempt to secure the admission of Chinese, theretofore prohibited from entering the United States, under a claim that this act was in

tended to contain all provisions regulating the immigration of aliens, and that it expressly repealed the Chinese exclusion laws. (1903) 24 Op. Atty.-Gen. 706.

This provision considered, but not construed in U. S. v. Williams, (1904) 132 Fed. Rep. 894.

SEC. 37. [Families of aliens having contagious diseases temporary detention.] That whenever an alien shall have taken up his permanent residence in this country, and shall have filed his preliminary declaration to become a citizen, and thereafter shall send for his wife or minor children to join him, if said wife, or either of said children, shall be found to be affected with any contagious disorder, and if it is proved that said disorder was contracted on board the ship in which they came, and is so certified by the examining surgeon at the port of arrival, such wife or children shall be held, under such regulations as the Secretary of the Treasury shall prescribe, until it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be deported until such facts have been ascertained, [32 Stat. L. 1221.]

SEC. 38. [Anarchists, etc., prohibited entry-enforcement - penalties for assisting illegal entries.] That no person who disbelieves in or who is opposed to all organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, shall be permitted to enter the United States or any Territory or place subject to the jurisdiction thereof. This section shall be enforced by the Secretary of the Treasury under such rules and regulations as he shall prescribe.

That any person who knowingly aids or assists any such person to enter the United States or any Territory or place subject to the jurisdiction thereof, or who connives or conspires with any person or persons to allow, procure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of the Treasury, shall be fined not more than five thousand dollars, or imprisoned for not less than one nor more than five years, or both. [32 Stat. L. 1221.]

Provisions constitutional. — The provisions of this act for the exclusion and deportation of alien anarchists are not unconstitutional either as in contravention of section 1 of Article III. of the Constitution or of Articles

1, 5, and 6 of the Amendments, whether such aliens are anarchists in the philosophical sense of the word or in the popular sense as defined by the act. U. S. v. Williams, (1904) 194 U. S. 279, affirming (1903) 126 Fed. Rep. 253.

SEC. 39. [Naturalization of anarchists, etc., forbidden. See NATURALIZATION, post, p. 238.]

Joint Resolution Amending an Act entitled “An Act to regulate the immigration of aliens into the United States," approved March third, nineteen hundred and three.

[Res. of April 28, 1904, No. 34, 33 Stat. L. 591.]

["Secretary of Commerce and Labor" substituted for "Secretary of the Treasury" in preceding Act.] That the words "Secretary of the Treasury," wherever used in the Act entitled "An Act to regulate the immigration of aliens into the United States," approved March third, nineteen hundred and three, or in amendments thereto, or in prior Acts in relation to alien immigration, be stricken out, and the words " Secretary of Commerce and Labor " inserted in lieu thereof. [33 Stat. L. 591.]

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That the

[SEC. 1.] [Refund of head tax erroneously collected.] Commissioner-General of Immigration, with the approval of the Secretary of Commerce and Labor, shall have power to refund head tax heretofore and hereafter collected under section one of the Immigration Act approved March third, nineteen hundred and three, upon presentation of evidence showing conclusively that such collection was erroneously made. [33 Stat. L. 684.] This is from the Legislative, Executive, and Judicial Appropriation Act of Feb. 3, 1905, ch. 297.

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66

[SEC. 1.] [Appropriations for expenses of regulating immigration."] The authority to incur expenditures under the appropriation for

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expenses of regulating immigration" shall be construed by the accounting officers of the Treasury without reference to any specific appropriation heretofore made for repairs or alterations to any immigrant station. [33 Stat. L. 416.]

This is from the Deficiencies Appropriation Act of April 27, 1904, ch. 1630.

[SEC. 1.] [Expenses of witnesses detained.]

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That the necessary

expenses incident to the detention of aliens ordered deported, whose attendance

as witnesses is required in behalf of the United States in prosecutions arising under the immigration laws, may be paid from the permanent appropriation for "Expenses of regulating immigration:" [33 Stat. L. 1244.]

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This is from the Deficiencies Appropriation Act of March 3, 1905, ch. 1484.

IMPORTS AND EXPORTS.

Act of Feb. 20, 1905, ch. 592, 115.

Sec. 27. Importation of Articles Simulating Domestic Trade-marks, etc., Forbidden-Regulations, 115.

CROSS-REFERENCES.

Of Insect Pests Forbidden, see AGRICULTURE, ante, p. 2.

Of Imitation of Coins, see COINAGE, MINTS, AND ASSAY OFFices, ante, p. 56.

Duties, see CUSTOMS DUTIES, ante, p. 69.

Of Adulterated Foods, etc., see FOODS AND DRUGS, ante, p. 89.
Obscene Literature, etc., Prohibited, see OBSCENITY, post, p. 247.

SEC. 27. [Importation of articles simulating domestic trade-marks, etc., forbidden regulations.] That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this Act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any custom-house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the provisions of this Act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. [33 Stat. L. 730.]

This is from the Act of Feb. 20, 1905, ch. 592, set out in TRADEMARks, post.