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approved October 31, 1919: Provided, That the grant hereby made is subject to forfeiture by the Secretary of the Interior upon the determination by him that the tract hereby granted has been used for purposes other than the erection and maintenance of bathhouses, hotels, or other improvements for the accommodation of the public."

Patent No. 1021509 was issued on December 12, 1928, to the State of New Mexico in accordance with the provisions of section 10 of the act of April 25, 1928.

H. R. 5620 would permit the use of any of the land for the erection and maintenance of buildings or other structures for public or municipal purposes. It is understood that the tract is no longer needed for bathhouses and similar purposes, and that municipal buildings would be erected on the tract if this bill is enacted. There appears to be no reason why this grant should not be amended to permit the State to put the tract in question to its highest possible use under existing circumstances

No expenditure of Federal funds is required by this bill.

The Committee on Public Lands unanimously recommend that this bill be enacted.

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GHETEL POLLAK KAHAN, MAGDALENA LINDA KAHAN, AND SUSANNA KAHAN

AUGUST 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany S. 331]

The Committee on the Judiciary, to whom was referred the bill (S. 331) for the relief of Ghetel Pollak Kahan, Magdalena Linda Kahan (wife), and Susanna Kahan (daughter), having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Add section 2 to read as follows:

SEC. 2. Upon the enactment of this Act the Secretary of State shall instruct the proper quota-control officer to deduct three numbers from the quota for Rumania of the first year that such quota numbers are available.

PURPOSE OF THE BILL

The purpose of the bill is to record the lawful admission for permanent residence of Ghetel Pollak Kahan, Magdalena Linda Kahan, and Susanna Kahan.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter from the assistant to the Attorney General, dated August 15, 1947, to the chairman of the Senate Committee on the Judiciary in the Eightieth Con

gress with reference to an identical bill which passed the Senate in the Eightieth Congress. The said letter reads as follows:

DEPARTMENT OF JUSTICE,

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,
Washington, August 15, 1947.

Hon. ALEXANDER WILEY,

Chairman, Committee on the Judiciary,

United States Senate, Washington D. C.

MY DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning a bill (S. 411) for the relief of Ghetel Pollak Kahan, Magdalena Linda Kahan (wife), and Susanna Kahan (daughter).

The bill would provide that in the administration of the immigration and naturalization laws the Attorney General is authorized and directed to record Ghetel Pollak Kahan; his wife, Magdalena Linda Kahan; and their daughter, Susanna Kahan, as having entered the United States on August 21, 1945, for permanent residence and that they shall not be subject to deportation by reason of such entry.

The files of the Immigration and Naturalization Service of this Department disclose that Ghetel Pollak Kahan, Magdalena Linda Kahan, and Susanna Kahan are natives of Rumania, having been born in that country May 9, 1907, March 20, 1912, and July 19, 1936, respectively. Mr. and Mrs. Kahan now claim to be citizens of Venezuela. They were admitted to the United States at the port of Miami, Fla., as visitors for a period of 60 days under section 3 (2) of the act of 1924 and have been granted several extensions of their stay. They have been informed that they may depart voluntarily but that if they fail to do so deportation proceedings will be instituted.

The files further reveal that Mr. Kahan is a part owner of a hosiery-manufac turing concern in Caracas, Venezuela, and that the apparent purpose of his trip to the United States was to purchase machinery and nylon for his plant in Venezuela. It appears that during his stay in the United States he has purchased interests in other hosiery mills located in this country and has indicated that it is his intention to reside here permanently. It also appears that he has $16,000 in a checking account in a New York bank and personal property in this country valued at $9,000. There is nothing in the files to indicate that the members of this family are not of good moral character.

This Department is opposed to the enactment of special legislation to adjust the immigration status of individuals in the absence of exceptionally meritorious circumstances. There appears to be no such circumstances present in this case; and, accordingly, the Department is unable to recommend the enactment of this bill.

This Department has been advised by the Director of the Bureau of the Budget that there is no objection to the submission of this report.

Sincerely yours.

DOUGLAS W. McGregor, The Assistant to the Attorney General. Senator Ferguson, the author of the bill, submitted to the attention of a subcommittee of the Committee on the Judiciary additional information disclosing the fact that Mr. Ghetel Pollak Kahan is a specialist in the manufacturing of nylon hosiery. He has purchased factory equipment and in partnership with his brother, an American citizen, plans to operate a hosiery mill near Detroit, Mich. He intends to train unskilled persons in the operation of the machinery he has purchased. Mr. Kahan's brother is an American citizen and the only close relative of the main beneficiary of the bill, as his seven brothers and sisters were killed by the Nazis.

In an affidavit submitted to the committee, Mr. Kahan states that he has assets in this country approximating $165,000 which he has invested or intends to invest in his industrial ventures in the Detroit, Mich., area.

After consideration of all the facts in this case, the committee is of the opinion that the bill, S. 331, is amended, should be enacted.

EIKO NAKAMURA

AUGUST 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

[To accompany S. 555]

The Committee on the Judiciary, to whom was referred the bill (S. 555) for the relief of Eiko Nakamura, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to enable the Japanese fiancée of a citizen of the United States and an honorably discharged veteran of World War II to gain admission into the United States in order to marry said citizen of the United States and to thereafter reside in the United States.

GENERAL INFORMATION

The pertinent facts in this case are set forth in the below-quoted letter from the assistant to the Attorney General, dated June 9, 1949, to the chairman of the Senate Committee on the Judiciary.

DEPARTMENT OF JUSTICE,

OFFICE OF THE ASSISTANT TO THE ATTORNEY GENERAL,
Washington, June 9, 1949.

Hon. PAT MCCARRAN,

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

MY DEAR SENATOR: This is in response to your request for the views of the Department of Justice relative to the bill (S. 555) for the relief of Eiko Nakamura. The bill would provide that notwithstanding the provisions of law relating to racial ineligibility and to prerequisites to the issuance of a visitor's visa, Eiko Nakamura, the fiancée of James L. West, of Carabelle, Fla., shall be deemed eligible for a visitor's visa for the purpose of contracting marriage to said James L. West, provided that said marriage shall be contracted within a period of 90 days after her arrival in the United States.

The information relative to the beneficiary of this bill contained in the files of the Immigration and Naturalization Service of this Department is based mainly on statements made by her fiancé James L. West, a citizen of the United States. He stated that Eiko Nakamura, who is approximately 25 years of age, was born in Aimori, Japan, of Japanese parents, that she has never been married, and that she is a devout Catholic. Her fiancé also stated that she is a graduate of Seeshin (Sacred Heart) College in Tokyo, Japan, she is self-supporting, and that she is now and has been for about 3 years employed by General Headquarters, United States Army, Tokyo, Japan.

Mr. West, who is about 31 years of age, served with the United States Army from October 16, 1942, until he was honorably discharged as a corporal on November 14, 1948. He spent 3 years of this time with the United States Army in Japan where he met his fiancée in October 1946. He said that a few months later he had decided to marry Miss Nakamura, but that permission to do so had been denied him by the American military authorities in Japan. Mr. West plans to meet his fiancée at Seattle, Wash., if she is permitted to enter the United States. The records disclose that Mr. West's friends and acquaintances say he is a person of good moral character and a loyal United States citizen. He is presently unemployed but receives a weekly payment of $20 under the Service Compensation Act and resides with his mother at Carrabelle, Fla. He says he has no assets other than $600 in cash, that he plans to take a business course in the Bowling Green Business University, Bowling Green, Ky., under the GI bill of rights, and secure a permanent job.

The beneficiary of this bill is inadmissible to the United States for permanent residence because she is of a race ineligible to citizenship, under section 13 (c) of the Immigration Act of 1924. In the absence of general or special legislation, she cannot be permitted to enter this country for permanent residence.

Whether under the circumstances in this case the immigration laws should be waived presents a question of legislative policy concerning which the Department of Justice prefers not to make any recommendation.

Yours sincerely,

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After having considered the facts in this case, the committee is of the opinion that the bill, S. 555, should be enacted.

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