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Page 8, section 9, line 18, strike out the word "first"; in lines 22 and 23, strike out the words "at the time of the first payment to the said Indians"; line 24, strike out the words "paid to them" and insert the word "expended".
This bill has the approval of the Department as will be seen from the following letter from the Secretary of the Interior:
Hon. WILL ROGERS,
DEPARTMENT OF THE INTERIOR,
Chairman Committee on Indian Affairs, House of Representatives.
MY DEAR MR. CHAIRMAN: Further reference is made to your request of January 25 for a report on H. R. 2756, authorizing a suit in the Court of Claims by the Tlingit and Haida Indians.
There is transmitted herewith a memorandum which was submitted to the Commissioner of Indian Affairs by Mr. Paul E. Gordon, director of education for Alaska, which has been approved by the Commissioner. It will be noted from this memorandum that an amendment to section 8 of the bill is suggested. I concur in this suggestion and I further recommend that section 7 also be amended and that certain other changes be made in the wording of the bill as indicated below.
The bill, as drawn, is wide open, and authorizes suits by these Indians on any and all claims which they may believe they have whether or not the matters alleged originated under law, or even some oral understanding. It also provides for the adjudication of individual property rights. The bill also contains surplusage which could profitably be eliminated.
In order to bring the claims of these Indians under acts of Congress and treaties, it is suggested that the word "were" in line 6, page 1, be changed to "are". The words "On March 30, 1867" in line 7, page 1, should be stricken out.
On page 2, line 2, after the word "meridian" change the comma to a period and strike out the remainder of the section to the end of line 4.
On page 2, section 2, line 7, after the words "United States" insert "Under the Russian treaty of cession on March 20, 1867 (15 Stat. 539), or any subsequent act of Congress or Executive order".
On page 2, line 8, insert the word "or" after the word "tribal"; strike out the comma after the word "community" and strike out the words or individual". On page 2, line 11, insert the word "or" after the word "tribal"; strike out the comma after "community".
On page 2, line 12, strike out the words "or individual".
On page 2, line 22, strike out the word "of" after the word "Court".
On page 2, line 23, strike out the word "claims" before the words "to hear". On page 2, line 23, strike out the words "the evidence in support of".
On page 2, line 24, strike out the semicolon after the word "thereon " and strike out the words "to dismiss said claim". Line 26, page 2, and line 1, page 3, should be stricken out, and in line 2, page 3, strike out the words "against the United States".
The above suggested amendments to section 2 would, in addition to bringing the claim under act of Congress, Executive order and treaties, eliminate all purely individual claims. It is understood that such individual claims as are asserted are so asserted by individuals who had been occupying tribal property, which property was taken from them against their will. This would in reality constitute tribal claims instead of individual.
Section 5 should be amended as follows:
Page 3, lines 13 and 14, after the word "petition" insert the words "or petitions".
On line 13 strike out the word "briefly".
Inasmuch as Alaska lies at a great distance from the seat of government of the United States, the word "five" in line 17 should be eliminated and the word "seven" substituted therefor.
On line 24, strike out the word "persons" and insert the word "parties". On page 4, line 2, after the word "Indians" insert "in accordance with section 81, Title 25, United States Code".
On lines 7, 8, and 9, strike out the words "and a copy served upon the Attorney General of the United States with a filing or service of the original petition or petitions".
In section 4, page 4, line 22, strike out the words "either individually or ".
In section 5, page 5, line 16, after the word "documents" insert "as are in the files" and on lines 16, 17, and 18, strike out the words "and furnish such certified copies thereof as may be necessary in the premises free of cost".
Section 6, page 5, strike out lines 19 and 20 and the words "the issues are formed by the pleadings" in line 21.
In line 22 after the word "appoint" insert the words "at the proper time". Line 24, before the word "who" insert the words "and acts supplemental thereto".
Page 6, lines 11 and 12, strike out "no cost shall be assessed against the said Alaska Indians in said suit or suits at any time" and insert the words "said supplemental acts".
The act of February 24, 1925 (43 Stat. 964) was a temporary act, and was to continue for 3 years only. The act was extended by that of December 27, 1927 (45 Stat. 51), and, in effect, was made permanent by the act of June 23, 1930 (46 Stat. 799). The elimination suggested from lines 11 and 12 would place the Alaska Indians in the same position as other Indians in the United States relative to costs of suits, such as printing of briefs, petitions, etc., which would be chargeable to the United States under the section as originally drafted.
Section 7 contains much surplusage, and in order to permit the Indians as much latitude as possible in the determination of their tribal membership, a new section 7 has been drafted. Therefore, strike out all of sections 7 and 8 from pages 6, 7, and 8 and insert in lieu thereof revised sections as follows:
SEC. 7. That Tlingit and Haida Indians of Alaska who are entitled to share in any judgment or appropriation made to pay said claim or claims shall consist of all persons of Tlingit or Haida blood, living in or belonging to any local community of these tribes in the territory described in section 1 of this Act. Each tribal community shall prepare a roll of its tribal membership, which roll shall be submitted to a Tlingit and Haida central council for its approval. The said central council shall prepare a combined roll of all communities and submit it to the Secretary of the Interior for approval. Approval of the roll by the said Secretary of the Interior shall operate as final proof of the right of such Indian communities to share in the benefits of this Act as set forth in section 8.
"SEC. 8. The amount of any judgment in favor of said Tlingit and Haida Indians of Alaska, after payment of attorneys fees, shall be apportioned to the different Tlingit and Haida communities listed in the roll provided for in section 7 in direct proportion to the number of names on each roll, and shall become an asset thereof, and shall be deposited in the Treasury of the United States to the credit of each community, and such funds shall bear interest at the rate of 4 per centum per annum, and shall be expended from time to time upon requisition by the said communities by and with advice and consent of the Secretary of the Interior, and under regulations as he may prescribe, for the future economic security and stability of said Indian groups, through the acquisition or creation of productive economic instruments and resources of public benefit to such Indian communities: Provided, however, That the interest on such funds may be used for beneficial purposes such as the relief of distress, emergency relief and health: Provided further, That none of the funds above indicated or the interest thereon shall ever be used for per capita payments.'
Page 8, section 9, line 18, strike out the word "first".
In lines 22 and 23, strike out the words "at the time of the first payment to the said Indians".
Line 24, strike out the words "paid to them” and insert the word "expended”. If amended as suggested, I recommend favorable action on H. R. 2756.
HAROLD L. ICKES,
EMIGRATION OF FILIPINOS FROM UNITED STATES
APRIL 8, 1935.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed
Mr. KRAMER, from the Committee on Immigration and Naturalization, submitted the following
[To accompany H. R. 6464]
The Committee on Immigration and Naturalization, to whom was referred the bill (H. R. 6464) to provide means by which certain Filipinos can emigrate from the United States, having considered the same, report it back to the House without amendment and recommend that the bill do pass.
The primary purposes of this bill are to encourage filing of voluntary applications by noncitizen Filipino residents in continental United States for transportation back to the Philippine Islands, and to authorize the appropriation and expenditure of funds to accomplish the transportation and maintenance of such Filipinos from their present place of residence to Manila, P. I.
Resolutions intended to carry out the purposes of this bill were reported unanimously from this committee of the House during the Seventy-second and Seventy-third Congresses, but in both instances failed of final passage.
Reference is made to previous reports on this subject in previous Congresses: Namely, House Report No. 1926 to accompany House Joint Resolution 577 of the Seventy-second Congress; and House Report No. 127 to accompany House Joint Resolution 118 of the Seventy-third Congress.
During public hearings conducted by the committee on the subject covered by this bill, no one has appeared to express any opposition to its enactment whereas definite approval was expressed by the Commissioner of Immigration and Naturalization by the two Resident Commissioners from the Philippine Islands, and by all other witnesses who appeared.
Attention is called to the fact that this bill is not a deportation measure, but rather is a voluntary departure measure. The benefits of this bill follow a voluntary request for them by individual Filipinos
and certification by the Secretary of Labor of the approval of the application and eligibility of the person to receive the benefits of the legislation.
However, specific provision is made by section 4 of this bill that no Filipino who secures the benefits of this act and goes back to the Philippine Islands at the expense of the United States shall be permitted to return to continental United States except as an alien quota immigrant who has a quota immigration visa issued pursuant to the provisions of clause (1) of subdivision (a) of section 8 of the Philippine Independence Act approved March 24, 1934, which established an annual quota of 50 immigration visas available to natives of the Philippine Islands under the Immigration Act of 1924.
Special legislation of this character is necessary to afford this relief to Filipinos who are now here, not as aliens subject to deportation under the immigration laws, with an analogous status of nationals of the United States subject to its jurisdiction but unable to ever become citizens of the United States under existing laws.
The committee considers this bill an emergency measure which should be promptly enacted into law so that many cities and localities may be speedily relieved of the burden imposed upon them by such of these Filipinos as are unemployed and dependent for support upon local private charity or public relief agencies. The committee is confident this expenditure of money, which the cost of this transportation would require, is an economical use of public funds and will prove vastly more beneficial to the country as a whole than would the withholding at this particular time of this congressional encouragement to these Filipinos to seek this passage back to their native land.
Any Filipino who leaves the United States as the beneficiary of this act would be subject to the immigration laws should he later seek to return here and the burden of proof would then be upon him to establish that, if admitted to the United States, he would not be a person likely to become a public charge. He would also be required to comply with all the other conditions, with which every alien must comply, before admission will be granted.
This bill is a measure conferring limited benefits, since no application is to be accepted for consideration after December 1, 1936, and all benefits shall terminate on December 31, 1936, unless actual journey has then been started in which event the trip to Manila will be completed.
The Immigration and Naturalization Service of the Department of Labor favors the enactment of this bill (H. R. 6464) as is evidenced by the letter from Commissioner Daniel W. MacCormack hereinafter inserted as a part of this report.
The Filipino, while not a citizen of the United States, is a national. Prior to the approval of the Philippine Independence Act of March 24, 1934 (48 Stat. 456; U. S. C., Supp. VIII, title 8, sec. 1238), the Filipino was free to enter and reside in the continental United States or any of the Territories without regard to the immigration laws.
Section 8 of the act of March 24, 1934 (as above cited), provides that the Filipino is to be treated as if he were an alien insofar as the immigration laws are concerned; except as to section 13 (c) of the Immigration Act of 1924, which bars from admission aliens who are ineligible for citizenship; and except as to Filipinos required to meet the needs of industry in the Territory of Hawaii. Under that section
of the act of March 24, 1934, a Filipino who entered since that date would be entitled to apply for removal to the Philippine Islands if he falls into distress within 3 years after his entry in accordance with the provisions of section 23 of the Immigration Act of 1917.
In recent years of economic distress many Filipinos have fallen into need and have become increasingly a burden on the American taxpayers, although among themselves they have done all they possibly could to help themselves so as to keep from calling for outside aid. Nearly all the Filipinos in the United States entered prior to the approval of the act of March 24, 1934, coming in as nationals and as such were not subject to immigration inspection. It is not surprising that many of those who thus came were incapable of being selfsupporting, particularly during the recent years of unfavorable economic conditions, and quite naturally many of them have become either private or public charges in the several communities where they have been living, particularly on the west coast. This bill affords needed relief to these nationals provided they apply for it before September 1, 1936, after which date their status will be considered as though they were aliens.
In compliance with paragraph 2-A of rule XIII of the Rules of the House of Representatives, the provisions of this bill do not amend any existing provision of law but the temporary nature of the benefits conferred by this bill warrants a statement of present provisions of law which are more or less related to the purposes of this bill, as follows:
SECTION 23 OF THE IMMIGRATION ACT OF FEBRUARY 5, 1917, PROVIDES, IN PART, AS FOLLOWS:
That the Commissioner General of Immigration shall perform all his duties under the direction of the Secretary of Labor. Under such direction he shall ***, and shall have authority to enter into contract for the support and relief of such aliens as may fall into distress or need public aid, and to remove to their native country, at any time within 3 years after entry, at the expense of the appropriations for the enforcement of this act, such as fall into distress or need public aid from causes arising subsequent to their entry and are desirous of being so removed; *
THAT PART OF THE ACT OF MARCH 2, 1907, WHICH APPEARS IN THIRTY-FOURTH STATUTES IN THE LAST PROVISO AT BOTTOM OF PAGE 1170 AND THE TOP OF PAGE 1171 (U. S. C., TITLE 10, SEC. 1371), WHICH IS APPLICABLE, READS, IN PART, AS FOLLOWS:
When in the opinion of the Secretary of War, accommodations are available, transportation may be provided for * *, and when accommodations are available, transportation may be provided for general passengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War.
SECTION 8 OF THE ACT APPROVED MARCH 24, 1934, KNOWN AS THE "PHILIPPINE INDEPENDENCE ACT":
SEC. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17
(1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 (except section 13 (c)), this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they we.e aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the