80TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT No. 1555

ANTONIO VILLANI

MARCH 11, 1948.-Committed to the Committee of the Whole House and ordered to be printed

Mr. FELLOWS, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 4631]

The Committee on the Judiciary, to whom was referred the bill (H. R. 4631) for the relief of Antonio Villani, having considered the same, report favorably thereon with an amendment and recommend that the bill do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That notwithstanding the provisions of the first category of section 3 of the Immigration Act of 1917 (8 U. S. C. 136 (a)), Antonio Villani, a native-born citizen of Italy, may be admitted to the United States for permanent residence, if he is otherwise admissible under the provisions of the immigration laws.

PURPOSE OF THE BILL

The sole purpose of the bill is to waive the excluding provisions of existing law, because of affliction with feeble-mindedness, in behalf of Antonio Villani, a native and citizen of Italy.

GENERAL INFORMATION

The facts in this case are set forth in a letter from the Assistant to the Attorney General to the chairman of the Committee on the Judiciary, dated February 11, 1948, which letter reads as follows:

Hon. EARL C. MICHENER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

FEBRUARY 11, 1948.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to the bill (H. R. 4631) for the relief of Antonio Villani, an alien.

The bill would direct the Attorney General to cancel the outstanding order and warrant of deportation in the case of Antonio Villani, and would provide that

he shall not again be subject to deportation by reason of the same facts upon which said warrant and order have issued.

The files of the Immigration and Naturalization Service of this Department indicate that the alien is a native and citizen of Italy, having been born in that country on July 2, 1921. He arrived in the United States at the port of New York on October 4, 1947, in possession of a nonquota immigration visa issued under section 4 (a) of the Immigration Act of 1924. He was examined at Ellis Island by United States Public Health Service physicians who certified that he is afflicted with feeble-mindedness, for which reason a board of special inquiry excluded him as inadmissible to the United States under section 3 of the Immigration Act of 1917. The record indicates that the alien had, because of his affiction, been denied a visa on numerous occasions subsequent to 1929, when his mother came to the United States.

The files further show that the alien's mother, father, two brothers, and three sisters reside in Scranton, Pa. He has one brother in Detroit, Mich. Two of his brothers served in the United States Army during World War II, one of whom testified that when he visited the alien while in Italy during the war, he was work:ing for a steamship construction company as a pipefitter. His father, who has been employed by the Lackawanna Railroad as a machinist for a number of years, has testified that he earns $58 a week, that he has more than $1,000 in war bonds. and that he owns his home which is appraised at $8,000. A medical witness who was engaged on behalf of the alien testified that from a purely intellectual standpoint the alien is feeble-minded, but that it appeared improbable that he would become involved in any infraction of our laws. The information at hand does not indicate that he has been guilty of any misconduct.

Whether the bill should be enacted presents a question of legislative policy concerning which this Department prefers to make no suggestions. The form of the bill as drafted, however, contemplates the case of a person who is in the United States and is about to be deported, while the record shows that the intended beneficiary of the bill has been excluded from the United States and is seeking admission thereto. Therefore, if the committee is favorably inclined toward the bill, it is recommended that it be amended by striking out all after the enacting clause and inserting in lieu thereof the following language;

"That notwithstanding the provisions of the first category of section 3 of the Immigration Act of 1917 (8 U. S. C. 136 (a)), Antonio Villani, a native-born citizen of Italy, may be admitted to the United States for permanent residence, if he is otherwise admissible under the provisions of the immigration laws."

Sincerely yours,

Mr. Scoblick, the author of the bill, submitted to the Subcommittee. on Immigration and Naturalization the following information as contained in a letter written by the father of the beneficiary of the

measure:

I, Vincent Villani, arrived in the United States of America as immigrant, November 1920. After a little over 1 year, becoming acquainted with the country, in 1922 I was given employment as machinist in the machine shop of the Delaware, Lackawanna & Western Railroad Co., in Scranton, Pa., which occupation I am still holding with the same company.

In 1928 I became a naturalized citizen in the Federal court of Scranton, Pa. In 1929 my financial condition permitted me to recall my family from Italy. My family, consisting of my wife, Gilda, and four children, Maria, Amerigo, Vittorio, and Helen, arrived in these United States of America October 8, 1929, on the steamship Roma, and they are all still residing in these United States. My youngest son, Antonio, age 7, remained in Italy in custody of his grandmother on account of illness.

STATUS OF EACH CHILD

Maria, age 35, wife of Frank Briscuso, born in America, 1595 East Ninety-fifth Street, Brooklyn, N. Y. They are the parents of three children, also born here. Mr. Briscuso is employed in a bag factory in New York City.

Helen, age 28, married to Pasquale Sposto, born in Scranton, Pa., 894 Scanlon Avenue, Scranton Pa., and they have one child. Mr. Sposto is employed as a mechanic with Nealon Motors of Scranton, Pa., and is a veteran of World War II. Vittorio, age 30, 125 South Hyde Park Avenue, Scranton, Pa., is a veteran of

the last war. He entered the service September 8, 1943, Army serial No. 33610831, private first class honorably discharged September 4, 1945. He served in the European theater of operations for a period of 1 year. He saw combat duty with the Four Hundred and Fourteenth Regiment of the One Hundred and Fourth Infantry Division in Germany as a heavy machine gunner. He is at present employed as a machinist with the Delaware, Lackawanna & Western Railroad Co. He is married and the father of one child.

Americus, age 33, also a veteran of the last war, entered the service November 11, 1942, and was honorably discharged November 20, 1945. He was a corporal, serial No. 33358425, 2691 Reg. M. M. I. A. He was 28 months overseas and took part in the battles of Napoli, Foggia, Roma, and Arno. He is unmarried and is

employed as a mechanic with Excello Corp., Detroit, Mich. Anna, age 17, and Fred, age 16, were born in Scranton, Pa. Both are highschool students.

MY POSITION

First-class machinist, employed in the machine shop of the Delaware, Lackawanna & Western Railroad Co., Scranton, Pa., for over 25 years.

I am 56 years of age and in good health and work with pleasure in assisting the production of this country and the education of my children-proud to uphold the traditional honor of my ancestors. I pay my taxes willingly and I am prepared to make any sacrifice for the preservation of this great republic, the mother of civilization and protector of human rights. This is the country where every good citizen is extended the privilege to assist this Government with all his strength. In the present worldly confusion the problems of this Government are colossal, but there is every confidence that with the righteousness in which this Government is administered, the help of God, the cooperation of its children, they will be solved. As the laws governing this country are sane, logical, and just, consequently there can be no failure.

In addition to my income of $3,000 per year from my employment, I have the financial help of my children. I am the owner of a double dwelling valued at $9,000 without encumbrances; $1,200 in Government bonds, and I have already expended approximately $2,000 incidental to my son Antonio's coming to this United States of America, which expenses have no consideration in comparison to the sacrifices of my entire family since Antonio has been detained at Ellis Island. Without Antonio having committed any wrong, he has been denied the right to join his parents, brothers, and sisters. Antonio has not only been denied the privilege of joining his family, but there is a possibility of his deportation to a disorderly and confused land infested with turbulent and communistic ideas so hated by all the family, when he could join his large family who live in peace and enjoy the fruits of their daily labor in these United States.

With all my heart I beg the grace of all those who are to adjudicate the case of my poor son, Antonio, to show mercy toward him and his afflicted parents, begging them to grant his release, thereby extending happiness not only to him but his entire family. May the good God, who from above sees all, double the peace and happiness of those who have control over his release.

TRANSPORTATION OF IRON ORE ON GREAT LAKES BY CANADIAN VESSELS

MARCH 11, 1948.-Referred to the House Calendar and ordered to be printed

Mr. WEICHEL, from the Committee on Merchant Marine and Fisheries, submitted the following

REPORT

[To accompany S. J. Res. 172]

The Committee on Merchant Marine and Fisheries, to whom was referred the joint resolution (S. J. Res. 172) to authorize temporary authority for vessels of Canadian registry to transport iron ore between United States ports on the Great Lakes during the calendar year 1948, having considered the same, report favorably thereon without amendment and recommend that the joint resolution do pass.

PURPOSE OF THE RESOLUTION

The purpose of the resolution is to provide needed transportation on the Great Lakes for the carrying of iron ore necessary for the manufacture of steel. The resolution would suspend the provisions of section 27 of the act of Congress approved June 5, 1920 (41 Stat. 999), as amended by act of Congress approved April 11, 1935 (49 Stat. 154), and by act of Congress approved July 2, 1935 (49 Stat. 442), being the coastwise shipping laws which prohibit Canadian vessels from transporting between ports of the United States on the Great Lakes. The need arises because legislation enacted in 1941, which temporarily suspended the coastwise shipping laws to permit vessels of Canadian registry to carry iron ore during the season of 1941 between ports in the United States on the Great Lakes (Public Law 90, 77th Cong.), and which was extended by further legislation for the period of the war, was repealed by Senate Joint Resolution 123, Eightieth Congress. This was a general repealer terminating wartime emergency legislation. Since the termination of such wartime legislation, it has become evident that Canadian vessels again will be needed during 1948 to carry iron ore tonnage from the Lake Superior region. The need to transport this increased tonnage is greater than that of 1947 to meet