require. The Secretary shall provide the superintendent with a suitable furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office. as may be necessary. He shall have a chief clerk, at a salary of two thousand dollars per annum, and two first-class clerks. (26 Stat. 1085.)

This section was part of the Immigration Act of 1891, cited above. The Superintendent of Immigration was designated Commissioner-General of Immigration by a provision, under the heading "Bureau of Immigration," of Act March 2, 1895, c. 177, § 1, post, § 955.

The Commissioner-General, the commissioners of immigration, the Bureau of Immigration, and the Immigration Service at large, were transferred from the Treasury Department to the Department of Commerce and Labor, by provisions of Act Feb. 14, 1903, §§ 4, 10, ante, §§ 857, 859.

Subsequent to such transfer, by Res. April 28, 1904, No. 34, post, § 957, the words "Secretary of the Treasury," wherever used in the Immigration Act of March 3, 1903, or in amendments thereto, or in prior acts in relation to alien immigration, were stricken out, and the words "Secretary of Commerce and Labor" inserted in lieu thereof.

On the creation of the Department of Labor by Act March 4, 1913, c. 141, the Bureau was transferred to the Department of Labor by section 3 of said act, ante, § 934, and all laws prescribing the work and defining the duties of the several Bureaus, etc., transferred to the Department were to remain in force, to be executed under the direction of the Secretary of Labor, by provisions of section 6 of said act, ante, § 936.

Other provisions relating to the duties of the Commissioner-General, of Act March 2, 1895, c. 177, § 1, Act June 6, 1900, c. 791, § 1, and Act Feb. 20, 1907, c. 1134, § 22, are set forth post, §§ 955, 956, 959.

Instead of the provisions of this section relating to the salaries of the Superintendent of Immigration and chief clerk, and for other clerks, recent appropriations provide for the Commissioner-General, $5,000, for an assistant commissioner-general, who shall also act as chief clerk and actuary, $3,500, and for other officers, clerks, and employés. The provisions for the tiscal year 1914, for the Bureau in the Department of Commerce and Labor, were by Act March 4, 1913, c. 142, § 1, 37 Stat. 786, and were made available for expenditures in and by the Department of Labor by provisions of Act May 1, 1913, c. 1, 38 Stat. 2. The provisions for the fiscal year 1917, for the Bureau in the Department of Labor, were by Act May 10, 1916, c. 117, § 1, 39 Stat.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

Notes of Decisions

Who may appoint inspectors.-Inspectors of immigration, under this section are to be appointed by the secretary of the treasury, and not by the superintendent of immigration. Nishimura Ekiu v. U. S. (1892) 12 Sup. Ct. 336, 339, 142 U. S. 651, 35 L. Ed. 1146.

Payment of salaries.-The salaries of the Superintendent of Immigration and of his clerical assistants authorized by this section may be paid by the Secretary of the Treasury out of the im

migration fund created under section 1 of Act Aug. 3, 1882, 22 Stat. 214. (1891) 20 Op. Atty. Gen. 69.

Jurisdiction of offense.-Under this section, as amended by Act March 2, 1895, post, § 955, District Court for District of Washington held without jurisdiction of prosecution for failing to file statement required by Act June 25, 1910, § 6, post, § 8817. U. S. v. Lombardo (D. C. 1915) 228 Fed. 980.

Cited without definite application, U. S. ex rel. Turner v. Williams

232 U. S. 78. 58 L. Ed. 515; Warren v. U. S. (1893) 58 Fed. 559, 560, 7 C. C. A. 368.

(1904) 24 Sup. Ct. 719, 722, 194 U. S. 279, 48 L. Ed. 979; Lapina v. Williams (1914) 34 Sup. Ct. 196, 197, 199, § 955. (Act March 2, 1895, c. 177, § 1.) Bureau of Immigration; Superintendent designated Commissioner-General of Immigration; duties as to administration of alien contract-labor laws. Bureau of Immigration: For Superintendent of Immigration, who shall hereafter be designated as Commissioner-General of Immigration, and, in addition to his other duties, shall have charge, under the [Secretary of the Treasury], of the administration of the alien contract-labor laws, four thousand dollars. (28 Stat. 780.)

This was a provision, accompanying appropriations for the Bureau of Immigration in the legislative, executive, and judicial appropriation act for the fiscal year 1896, cited above.

The words of this provision inclosed in brackets, "Secretary of the Treasury," were stricken out, and the words "Secretary of Commerce and Labor," were inserted in lieu thereof, by Res. April 28, 1904, No. 34, post, § 957. But on the transfer of the Bureau to the Department of Labor, by Act March 4, 1913, c. 141, the laws prescribing the work and defining the duties of the Bureau were to be executed by the Secretary of Labor, by a provision of section 6 of said act, ante, § 936.

See notes to Act March 3, 1891, c. 551, § 7, ante, § 954.
Notes of Decisions

Jurisdiction of offense.-Under Act March 3, 1891, § 7, ante, § 954, as amended by this section, District Court for District of Washington held without jurisdiction of prosecution for fail

ing to file statement required by Act June 25, 1910, § 6, post, § 8817. U. S. v. Lombardo (D. C. 1915) 228 Fed. 980.

§ 956. (Act June 6, 1900, c. 791, § 1.) Duties of CommissionerGeneral, as to administration of Chinese exclusion law and of acts regulating immigration.

Hereafter the Commissioner-General of Immigration, in addition to his other duties, shall have charge of the administration of the Chinese exclusion law and of the various Acts regulating immigration into the United States, its Territories, and the District of Columbia, under the supervision and direction of the [Secretary of the Treasury]. (31 Stat. 611.)

This was part of a proviso following appropriations for enforcement of the Chinese Exclusion Act and alien contract-labor laws, in the sundry civil appropriation act for the fiscal year 1901, cited above.

The words of this provision inclosed in brackets, "Secretary of the Treasury," were stricken out, and the words "Secretary of Commerce and Labor," were inserted in lieu thereof, by Res. April 28, 1904, No. 34, post, § 957. But on the transfer of the Bureau to the Department of Labor, by Act March 4, 1913, c. 141, the laws prescribing the work and defining the duties of the Bureau were to be executed by the Secretary of Labor, by a provision of section 6 of said act, ante, § 936.

Further provisions as to the duties of the Commissioner-General in the administration of the immigration laws were contained in Act Feb. 20, 1907, c. 1134, § 22, post, § 959.

See notes to Act March 3, 1891, c. 551, § 7, ante, § 954.

$957. (Res. April 28, 1904, No. 34.) Amendment of Act March 3, 1903, c. 1012, and prior acts relating to alien immigration. That the words "Secretary of the Treasury," wherever used in the Act entitled "An Act to regulate the immigration of aliens into the United States," approved March third, nineteen hundred and three, or in amendments thereto, or in prior Acts in relation to alien immigration, be stricken out, and the words "Secretary of Commerce and Labor" inserted in lieu thereof. (33 Stat. 591.)

Said Act March 3, 1903, c. 1012, except section 34 thereof, was repealed by Act Feb. 20, 1907, c. 1134, § 43, post, § 4289, other sections of which act contained provisions covering the subjects of those so repealed.

By Act March 3, 1903, c. 1012, 32 Stat. 1213, mentioned in this resolution, the provisions of that act were to be executed by the Secretary of the

Treasury or by the Commissioner-General of Immigration under the direction or with the approval of the Secretary of the Treasury. But before the pas sage of that act, the Commissioner-General, the Commissioners of Immigration, the Bureau of Immigration, and the Immigration Service at large, had been transferred from the Treasury Department to the Department of Commerce and Labor, and the duties and powers possessed or exercised by the Secretary of the Treasury in and over that Bureau and branch of the public service, etc., had been vested in the head of the Department of Commerce and Labor, by the act establishing that Department, Act Feb. 14, 1903, c. 552, §§ 4, 10, ante, §§ 857, 859. The amendment of said Act March 3, 1903, c. 1012, and of prior acts, by this resolution, made those acts conform to the changes by such transfer of the Bureau and the Immigration Service, by substituting for the Secretary of the Treasury in their provisions, the Secretary of Commerce and Labor. But on the transfer of the Bureau to the Department of Labor, by Act March 4, 1913, c. 141, the laws prescribing the work and defining the duties of the bureaus, etc., or branches of the public service so transferred, were to be executed by the Secretary of Labor, by a provision of section 6 of said act, ante, § 936.

§ 958. (Act Feb. 3, 1905, c. 297, § 1.) Refunding head tax erroneously collected.

The Commissioner-General of Immigration, with the approval of the Secretary of Commerce and Labor, shall have power to refund head tax heretofore and hereafter collected under section one of the immigration Act approved March third, nineteen hundred and three, upon presentation of evidence showing conclusively that such collection was erroneously made. (33 Stat. 684.)

This was a proviso annexed to an appropriation for the Bureau of Immigration in the legislative, executive, and judicial appropriation act for the fiscal year 1906, cited above.

Act March 3, 1903, c. 1012, § 1, mentioned in this section, authorizing the collection of head tax on alien passengers from foreign ports, was repealed, and similar provisions re-enacted by Act Feb. 20, 1907, c. 1134, §§ 1, 43, post, §§ 4242, 4289.

§ 959. (Act Feb. 20, 1907, c. 1134, § 22.) Duties and powers of Commissioner-General as to administration of immigration laws; regulations; contracts; detail of immigration officers. The Commissioner-General of Immigration, in addition to such other duties as may by law be assigned to him, shall, under the direction of the Secretary of Commerce and Labor, have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed thereunder. He shall establish such rules and regulations, prescribe such forms of bond, reports, entries, and other papers, and shall issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss, 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; all under the direction or with the approval of the Secretary of Commerce and Labor. And it shall be the duty of the Commissioner-General of Immigration to detail officers of the immigration service from time to time as may be necessary, in his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institutions (public and private) of the several States and Territories, the District of Columbia, and other territory of the United States and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become public charges: Provided, That the Commissioner-General of Immigration may, with the approval of the Secretary of Commerce and Labor, whenever in his judgment such action may be necessary to accomplish the purposes of this Act, detail immigration officers, and also surgeons, in accordance with the provi

sions of section seventeen, for service in foreign countries. (34) Stat. 905.)

This section and the section next following were sections 22 and 40 of the Immigration Act of 1907, entitled "An act to regulate the immigration of aliens into the United States," cited above. Other sections of the act are set forth under Title XXIX, "Immigration," c. A, §§ 4242-4289.

Provisions similar to those of this section were made by Act March 3, 1903, c. 1012, § 22, 32 Stat. 1219, repealed by section 43 of this act, post, § 4289. A Division of Information in the Bureau was authorized and its duties prescribed by section 40 of this act, post, § 960.

Provisions for the punishment of the transportation in interstate or foreign commerce of women or girls for the purpose of prostitution or debauchery or other immoral purpose, and designating the Commissioner-General of Immigration as the authority of the United States to receive and centralize information concerning the procuration of alien women and girls with a view to their debauchery, and prescribing his duties in that regard, in pursuance of the international agreement for the suppression of the white-slave traffic, are contained in the White-Slave Traffic Act of June 25, 1910, c. 395, § 6, post, § 8817.

Provisions for detailing immigrant inspectors and other officers for service at Washington, made by Act March 2, 1895, c. 177, § 1, Act June 6, 1900, c. 791, § 1, and Act March 3, 1901, c. 853, § 1, are set forth ante, §§ 937-939.

Notes of Decisions

Effect of rules.-Rules and regulations in pursuance of this section have been established for the enforcement of the law, and such rules and regulations have the force and effect of the act itself. U. S. v. Sibray (C. C. 1910) 178 Fed. 144, reversed (1911) 185 Fed. 401, 107 C. C. A. 483.

Cited without definite application, U. S. v. Holland-America Line (1914) 212 Fed. 116, 128 C. C. A. 632; Ex parte Li Dick (D. C. 1909) 174 Fed. 674; In re Rhagat Singh (D. C. 1913) 209 Fed. 700, 703.

§ 960. (Act Feb. 20, 1907, c. 1134, § 40.) Division of Information in Bureau; distribution of aliens admitted among the several States; agents of States at immigrant stations.

Authority is hereby given the Commissioner-General of Immigration to establish, under the direction and control of the Secretary of Commerce and Labor, a division of information in the Bureau of Immigration and Naturalization; and the Secretary of Commerce and Labor shall provide such clerical assistance as may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available sources useful information regarding the resources, products, and physical characteristics of each State and Territory, and shall publish such information in different languages and distribute the publications among all admitted aliens who may ask for such information at the immigrant stations of the United States and to such other persons as may desire the same. When any State or Territory appoints and maintains an agent or agents to represent it at any of the immigrant stations of the United States, such agents shall, under regulations prescribed by the CommissionerGeneral of Immigration, subject to the approval of the Secretary of Commerce and Labor, have access to aliens who have been admitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or Territory to aliens to settle therein. While on duty at any immigrant station such agents shall be subject to all the regulations prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labor, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted. (34 Stat. 909.)

See notes to section 22 of this act, ante, § 959.

Detailed estimates for appropriations for additional assistants, clerical and

otherwise, for the Division of Information, were required by a provision of Act March 4, 1907, c. 2918, § 1, post, § 6730.

Provisions for printing the annual reports of the Bureau were made by Res. March 3, 1905, No. 33, post, § 7137.

Annual appropriations for the Division of Information established by this act are made by the legislative, executive, and judicial appropriation acts. The provisions for the fiscal year 1917, for a chief of division, $3,500, assistant chief of division, $2,500, and clerks of various classes, etc., were by Act May 10, 1916, c. 117, § 1, 39 Stat.

§ 960a. (Act July 1, 1916, c. 209, § 1.) Motor vehicles for enforcement of immigration and Chinese exclusion laws; purchase, etc., payment for.

The purchase, use, maintenance, and operation of horses and motor vehicles required in the enforcement of the immigration and Chinese exclusion laws outside of the District of Columbia may be contracted for and the cost thereof paid from the appropriation for the execution of those laws, under such terms and conditions as the Secretary of Labor may prescribe. (39 Stat.)

This was a provision of the sundry civil appropriation act for the fiscal year 1917, cited above.

Sec.

CHAPTER D

The Bureau of Naturalization

The designation of the Bureau of Immigration in the Department of Commerce and Labor was changed to Bureau of Immigration and Naturalization, and said Bureau, in addition to the duties previously prescribed, was given charge of all matters concerning the naturalization of aliens, by Act June 29, 1906, c. 3592, § 1, 34 Stat. 596. On the transfer of that Bureau, with the Division of Naturalization therein, to the Department of Labor, it was divided into two bureaus, to be known as the Bureau of Immigration and the Bureau of Naturalization, and the titles Chief of Division of Naturalization and Assistant Chief were changed to Commissioner of Naturalization and Deputy Commissioner of Naturalization, by provisions of Act March 4, 1913, c. 141, § 3, 37 Stat. 737.

This chapter includes the provisions of said acts and those of other acts which remain in force and may be applicable to the Bureau of Naturalization in the Department of Labor.

961. Establishment of Bureau of Naturalization, on division of Bureau of Immigration and Naturalization; Commissioner and Deputy Commissioner of Naturalization. 962. Powers of Commissioner and Deputy Commissioner; mode of appointment.

Sec.

963. Former Bureau of Immigration designated Bureau of Immigration and Naturalization; duties as to naturalization of aliens; registry of aliens; certificates of registry.

§ 961. (Act March 4, 1913, c. 141, § 3.) Establishment of Bureau of Naturalization, on division of Bureau of Immigration and Naturalization; Commissioner and Deputy Commissioner of Naturalization.

The Bureau of Immigration and Naturalization is hereby divided into two bureaus, to be known hereafter as the Bureau of Immigration and the Bureau of Naturalization, and the titles Chief Division of Naturalization and Assistant Chief shall be Commissioner of Naturalization and Deputy Commissioner of Naturalization. (37 Stat. 737.)

This was a provision of section 3 of the act to create a Department of Labor, cited above.

Preceding provisions of the section, which transferred the Bureau of Immigration and Naturalization, with the Division of Naturalization, from the Department of Commerce and Labor to the Department of Labor, are set forth ante, § 944.