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the United States have been required to obtain a visé of the American consular officer, at the port of departure upon their passport. Aliens have not been permitted to enter the United States, even if by chance they might reach any of its ports, unless a properly viséed passport could be produced.

The act mentioned provides for passport control only during the period when the United States is at war. Consequently, the question now arises whether it would be consistent with the best interests of this country to discontinue the system described. With a view of determining upon a recommendation to be made to Congress, I have sought the views of the heads of the American diplomatic missions abroad and inclose, for your information, paraphrases of telegrams embodying their opinions.

As will be noted, all of the diplomatic missions, so far heard from, recommend the continuance of the visé regulations. It is believed that during the continuance of the war large numbers of undesirable and dangerous persons have been kept out of the United States through the enforcement of the visé regulations. The elements of unrest and disorder, which have always existed to a certain degree, but have been kept more or less under subjection, have in the unsettled conditions arising from the war, broken their bounds in various quarters, particularly in Russia and Central Europe, and there is every reason to believe that large numbers of aliens, who do not believe in the form of Government now existing in the United States, may attempt to come to this country, many of them for the express purpose of carrying on anarchistic agitation. Reports indicate that anarchistic organizations in foreign lands are engaged in a propaganda which extends beyond the limits of their own country and includes the United States, and there is no doubt that they are attempting to send agents to this country to spread their propaganda.

After considering the reports of the representatives of this country abroad and conferring with some of our ministers on this subject, I do not believe that the time for abandoning the safeguard afforded by the passport-control system has yet arrived or that it will arrive immediately upon the conclusion of peace. It furnishes valuable assistance in preventing undesirable people from coming to this country, and is effective not only because it is more feasible for officers stationed in the country from which individuals seek to emigrate to obtain information concerning their antecedents, character, and objects than it is for officers in the United States to obtain such information, but also in cases which appear suspicious it is much easier to continue the system unless ample provision is made for its efficient enforcement. Regulations of the importance of those of passport control inefficiently executed or not executed at all are not only useless, but, in the existing situation, may be dangerous. The above observations relate principally to the question of continuing the visa system after the conclusion of peace. It is a serious question whether it can be continued until the conclusion of peace. Several of the diplomatic and consular offices in places from which there is a large emigration have telegraphed to the department that it is impossible for them to carry on the work properly with their present personnel. They are in immediate need of assistants, but this department has no available funds from which they can be paid. Unless funds are obtained for this purpose in the near future, it will be necessary to drop the visa work altogether, even before the conclusion of peace. Judging by reports received from diplomatic and consular officers it is believed that this would be most unfortunate.

It is proper to observe that the visa work brings a considerable revenue into the Treasury. Under the tariff of consular fees, a fee of $1 is required for the execution of each visa application and an additional fee of $1 for each visa. During the six months ended June 30, it appears that fees to the amount of about $200,000 were collected under the provisions just mentioned. As the numbers of immigrants coming to the United States have been constantly increasing since the first of the year, it is believed that visa fees are now being collected at the rate of $500,000 per annum. When immigration reaches normal proportions the amount of the fees collected will, of course, greatly exceed the amount just mentioned. The work connected with the issuance of passports to American citizens also brings in a considerable revenue. At the rate at which this work is now proceeding it is estimated that fees to the amount of $277.500 are now being collected annually for the issuance of passports by the department and the diplomatic and consular officers abroad and the execution of passport applications. Thus it appears that the Treasury is now annually receiving in connection with the passport work fees to the amount of about $777,500.

I recommend that, if you approve, this matter be laid before Congress at the earliest possible moment, in order that it may determine whether the existing system shall be continued and, if so, make provisions for its efficient execution.

Faithfully, yours,

The White House.

THE PRESIDENT,

ROBERT LANSING.

[PUBLIC-No. 154-65TH CONGRESS.]

[H. R. 10264.]

AN ACT To prevent in time of war departure from or entry into the United States contrary to the public safety.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this act be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful— (a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe;

(b) For any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this act;

(c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;

(d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;

(e) For any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;

(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;

(g) For any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally vasid, has become or been made void or invalid.

SEC. 2. That after such proclamation as is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he bears a valid passport.

SEC. 3. That any person who shall willfully violate any of the provisions of this act, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than twenty years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States. SEC. 4. That the term "United States" as used in this act includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States.

The word "person" as used herein shall be deemed to mean any individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic.

Approved, May 22, 1918.

O

CONGRESS,

TRANSFER OF WAR MATERIAL AND EQUIPMENT.

OCTOBER 14, 1919.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. MCKENZIE, from the Committee on Military Affairs, submitted the following

REPORT.

[To accompany H. R. 9412.]

The Committee on Military Affairs, to whom was referred the bill H. R. 9412, having considered the same, report thereon with a recommendation that it do pass with the following committee amendments: On page 1, in line 4, after the word "and," strike out the words empowered in his discretion" and insert in lieu thereof the word "directed."

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On page 2, line 14, after the word "mails," strike out all the remainder of the line, all of line 15, and all of line 16 up to the word “and." On page 2, in line 16, strike out the letter "D" in parentheses, and insert in lieu thereof the letter "C."

On page 2, in line 23, strike out the words "empowered in his discretion" and insert in lieu thereof the word "directed."

On page 3, after the word "materials," in line 20, insert the following: "Industrial railway equipment; conveyors, gravity and power; donkey engines; gasoline engines; corrugated metal roofing; steel and iron pipe;"

Insert between lines 17 and 18 on page 4 of the bill the following as a new section, to be known as section 5:

SEC. 5. The title to said vehicles and equipment shall be and remain vested in the State for use in the improvement of the public highways, and no such vehicles and equipment in serviceable condition shall be sold or the title to the same transferred to any individual, company, or corporation.

On page 4, in line 18, after the word "SEC.," strike out the figure "5" and insert the figure "6."

On page 5, in line 10, strike out the word "April" and insert in. lieu thereof the word "July"; and also in line 11, after the figures "1919," insert "except as to direction for the transfer of those articles enumerated in section 2 hereof."

Amend title by inserting after the word "authorize" in the first line of the title the words "and direct"; and also amend the title by striking out the words "Navy Department."

The original legislation pertaining to the subject matter of this bill was contained in section 7 of the Post Office appropriation act for the fiscal year ending June 30, 1920, and for other purposes, which is herewith inserted and reads as follows:

SEC. 7. That the Secretary of War be, and he is hereby, authorized in his discretion to transfer to the Secretary of Agriculture all available war material, equipment, and supplies not needed for the purposes of the War Department, but suitable for use in the improvement of highways, and that the same be distributed among the highway departments of the several States to be used on roads constructed in whole or in part by Federal aid, such distribution to be made upon a value basis of distribution the same as provided by the Federal aid road act, approved July 11, 1916: Provided, That the Secretary of Agriculture, at his discretion, may reserve from such distribution not to exceed 10 per cent of such material, equipment, and supplies for use in the construction of national forest roads or other roads constructed under his direct supervision.

Under the authority prescribed in said law the Secretary of War was swamped with all manner of requests for material, including horses and mules. He, however, proceeded to allot a certain number of trucks and motor-propelled vehicles.

Subsequently followed the legislation contained in section 5 of the sundry civil act making appropriation for the fiscal year ending June 30, 1920, and for other purposes, and which reads as follows:

SEC. 5. The Secretary of War is authorized to transfer any unused and surplus motorpropelled vehicles and motor equipment of any kind, the payment for same to be made as provided herein, to any branch of the Government service having appropriations available for the purchase of said vehicles and equipment: Provided, That in case of the transfers herein authorized a reasonable price not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage, shall be determined upon and an equivalent amount of each appropriation available for said purchase shall be covered into the Treasury as a miscellaneous receipt, and the appropriation in each case reduced accordingly: Provided further, That it shall be the duty of each official of the Government having such purchases in charge to procure the same from any such unused or surplus stock if possible: Provided further, That hereafter no transfer of motor-propelled vehicles and motor equipment, unless specifically authorized by law, shall be made free of charge to any branch of the Government service.

And in addition to the provision just quoted there was placed in the act making appropriations for the support of the Army for the year ending June 30, 1920, and for other purposes at the end of the Item "Contingencies of the Army," the following proviso:

Provided further, That in addition to the delivery of the property heretofore authorized to be delivered to the Public Health Service, the Department of Agriculture and the Post Office Department of the Government, the Secretary of War be, and he is hereby, authorized to sell any surplus supplies, including motor trucks and automobiles, now owned by and in the possession of the Government for the use of the War Department to any State or municipal subdivision thereof, or to any corporation or individual upon such terms as may be deemed best.

In view of the apparent conflicting sections of law pertaining to the subject matter it is not surprising that the Secretary of War was somewhat confused, and submitted the matter to the Judge Advocate General for an opinion, which opinion is hereto attached and made part of this report:

WAR DEPARTMENT, JUDGE ADVOCATE GENERAL'S OFFICE,

The ADJUTANT GENERAL OF THE ARMY:

August 5, 1919.

1. Your reference, 451 (Misc. Div.), July 29, 1919, by first indorsement, refers to this office the request of the Chief, Motor Transport Corps, for a decision upon whether section 5 of the sundry civil bill for the fiscal year ending June 30, 1920, approved July 19, 1919, relating to the transfer of unused and surplus motor-propelled vehicles and motor equipment repeals the following statutes:

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