said passengers; that from his personal inspection and the report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a pauper or likely to become a public charge, or suffering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, or a polygamist, or under a contract or agreement (express or implied) to perform labor in the United States; and that, according to the best of his knowledge and belief, the information in said list or manifest concerning each of said passengers named therein is correct and true.-27 Stat. L., 569.

364. To be verified by surgeon.-The surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the departure of said vessel and make oath or affirmation in like manner before said consul or consular agent, stating his professional experience and qualifications as a physician and surgeon; that he has made a personal examination of each of the passengers named therein; and that said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said passengers. If no surgeon sails with any vessel bringing alien immigrants, the mental and physical examinations and the verifications of the lists or manifests may be made by some competent surgeon employed by the owners of the vessel.— 27 Stat. L., 569.

365. Deportation of paupers and criminals.-If a consular officer has reason to think that any person, society, or corporation (municipal or otherwise) in the country in which he resides contemplates shipping paupers or criminals as emigrants to the United States, he will at once forcibly protest to the local authorities, and will also immediately notify the diplomatic representative of the United States (or the consul-general, as

the case may be) and the Department of State.

Such an act

is regarded by the United States as a violation of the comity which ought to characterize the intercourse of nations. Should any vessel of the United States, within his jurisdiction, attempt to transport such persons to the United States, he will endeavor to prevent the master from doing so. Should a foreign vessel attempt to do so, he will by earliest mail notify the collector of customs at the port in the United States for which such vessel is bound.

366. Reports. It is the duty of all consular officers to report to the Department of State all information possible which will prevent the violation of the immigration laws; also to report all violations, by masters of vessels bound to any port of the United States, of the statute regulating the transportation of emigrants.

367. Reports to Treasury Department.-When an emergency arises requiring consular officers to give prompt information to the Treasury Department to prevent violation of the immigration and contract-labor laws of the United States, they are instructed to write or cable (according to the exigency) directly to the Secretary of the Treasury. A report of their action should then be sent to the Department of State. The use of the cable is permitted only when communication by mail would defeat the end to be attained.

CHINESE LABORERS.1

368. Exclusion of Chinese laborers.-The coming of Chinese laborers to the United States is absolutely prohibited, both by treaty and by statute, except (as to subjects of China) under the conditions specified in Article II of the treaty between

1 The provisions of the acts of Congress (R. S., secs. 2158-2162) relating to the importation of coolies are practically suspended by the act of July 5, 1884. It is not considered necessary, therefore, to give any instructions based upon them.

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the United States and China concluded August 13, 1894, which permits certain Chinese laborers registered in the United States who, before leaving, obtain a required return certificate from the collector of customs to return within one year. Chinese laborers include both skilled and unskilled 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.-140 U. S., 424; 28 Stat. L., 8, sec. 2.

369. Certificates.-Chinese subjects, other than laborers, who may be entitled to 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, their government or the government where they last resided, in each case to be evidenced by a certificate issued by such government, which certificate shall be in the English language, 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 to come within the United States. If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, 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. If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. A Chinese person not a subject of China must

under like circumstances obtain a certificate from the government of which such Chinese person is a subject.-Treaty, Aug. 13, 1894, Art. III; 23 Stat. L., 116, sec. 6.

370. Merchant.-A merchant, within the meaning of the Chinese exclusion act, is a person engaged 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 merchant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant.-28 Stat. L., 8, sec. 2.

371. Certificate to be visaed by consul.-The certificate provided for, and the identity of the person named therein, shall, before such person goes on board any vessel to proceed to the United States, be visaed by the indorsement of the diplomatic representative of the United States in a foreign country from which such certificate issues, or of the consular officer of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative or consular officer 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, visaed as aforesaid, shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs at the port in the district in the United States at which the person named therein shall arrive, and afterwards produced to the proper authorities of the United States whenever lawfully demanded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States; but said

certificate may be controverted and the facts therein stated disproved by the authorities of the United States. This certificate, while it may be controverted by the authorities of the United States, and is to be taken by them only as prima facie evidence, constitutes the only evidence permissible on the part of the person producing the same to establish his right to enter the United States.-23 Stat. L., 116, sec. 6; 140 U. S., 424.

372. Certificates by Chinese ministers and consuls.-The Treasury Department has ruled that the Chinese Government may delegate authority to its diplomatic and consular officers in foreign countries to issue such certificates to Chinese subjects, not laborers, desiring to come to the United States from countries other than China. Such certificates so issued will be visaed by consular officers of the United States under the conditions herein provided.

373. Not to visa without conclusive proof.-Consular officers will require conclusive proof of the identity and character of Chinese presenting certificates before visaing the same. They have no authority in any case to issue certificates entitling Chinese persons of any character to land in the United States, and they are forbidden to give any such certificates.

A full report of the facts must be promptly sent to the Department of State when a certificate is visaed. The fee for the visa is the same as for visaing a passport of a citizen of the United States, and is official.

374. Includes persons of Chinese race.-The Chinese exclusion acts apply to all subjects of China and to all Chinese, whether subjects of China or of any other foreign power, except diplomatic and other officers of the Chinese or other governments traveling upon the business of their governments.23 Stat. L., 118, sec. 15.