witnessed naturalization proceedings and very little attention was paid by the court to anything except the recommendations of the immigration authorities. I think that is about all I would care to say in regard to title III of the bill. Title IV is a penal clause which, of course, is necessary. Possibly I should say a word in regard to section 25 on page 14. Our organization has long contended that we ought to refuse the entry of aliens from countries which would decline to take back deportees. As a matter of fact it is merely a form of limitation of suspension of immigration, and we can well spare the entry of people from any country at this time. Mr. Chairman, I think that is all I want to say about this bill. In general, I certainly support it, and I think Congressman Smith has rendered a great public service in introducing it, and we hope you will favorably report it, with possibly such modifications as have been suggested, or that you yourselves deem necessary in the premises. I thank you very much, for your courtesy, Mr. Chairman, and members of the committee for permitting me to appear this afternoon. Mr. HEALEY. We are very glad to have had you with us. Mr. HANCOCK. I just want to ask if the last page or two is not a duplication of the Hobbs bill? Mr. TREVOR. Well, that is the Hobbs bill, and I understand that has been reported favorably, and, of course, that, I should have said, should be eliminated from this bill. Mr. HANCOCK. All of title V? Mr. TREVOR. Yes; all of title V. Mr. HANCOCK. It reads like the Hobbs bill. Would the Chair Mr. TREVOR. Yes; it is like the Hobbs bill. permit me to include at the beginning of my remarks a resolution adopted by the annual convention of our society? It is very brief, which covers the authority under which I speak here. Mr. HEALEY. You may incorporate it in the record. Mr. Taylor, do you wish to say anything? STATEMENT OF HON. J. WILL TAYLOR A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE Mr. TAYLOR. Mr. Chairman, and gentlemen of the committee, I have not read Judge Smith's bill, and I do not care to discuss it in detail at this time. I introduced a bill, which is a part of this bill, some time ago which was referred to the Committee on Immigration and Naturalization, but no action has been taken on it up to this time. I merely appeared before the committee to indorse the bill and the objects of the bill. Of course, it may require some modification, so far as its verbiage is concerned, but I think the object of the bill is very salutary, and I am very much in favor of it, and I hope that the committee will make such revision as it deems necessary and report it out. The bill which I introduced, which was referred to the Immigration Committee, dealt mainly with alien criminals. My bill contained a provision requiring the fingerprinting of aliens, and I am very much in favor of that. A year or two ago I had some doubts as to the advisability of fingerprinting aliens, but fingerprinting has become very popular. We fingerprint soldiers, and we fingerprint them when they make application for their compensation, and public officials generally are being fingerprinted, and I see no reason why aliens should not be fingerprinted for the purpose of identification. I am very much in favor of the spirit and object of the bill before you, and I hope you will report it favorably. Mr. HANCOCK. Do you not think everybody ought to be fingerprinted, whether aliens or citizens? Mr. TAYLOR. I surely do. At one time I had the impression that it smacked somewhat of crime to fingerprint a person, but there has been a good deal of education on that subject in recent years, and a great many people volunteer to be fingerprinted for their own protection. Mr. HANCOCK. They are doing it in the public schools and all of the children are being fingerprinted. Mr. TAYLOR. Yes; surely, and I think there is a special reason why all aliens should be fingerprinted. Mr. SMITH. Mr. Chairman, Captain Trevor tells me he omitted one statement. May he be permitted to return to the stand? Mr. HEALEY. Yes. Mr. TREVOR. I just wanted to say a word in regard to the registration of aliens and the necessity for fingerprinting them. There is no question about it, Congressman, that we will never have effective enforcement of any of the immigration laws unless we get all aliens fingerprinted. It is one of the most important things I know of. There are many people here illegally, but we are fast finding out now that you cannot prove it in some cases, and I think if you called the immigration authorities down here from New York, I think they would substantiate what I say, that it is absolutely necessary to fingerprint these people in order to secure adequate enforcement of the deportation laws. Thank you, Mr. Chairman. Mr. HEALEY. Is there anything further, Judge Smith? Mr. HEALEY. Is there anyone present who desires to testify before the committee? If not, I believe that concludes the hearings with the understanding that persons who desire to submit any written evidence or briefs may do so. Mr. SMITH. Thank you. Mr. HEALEY. You do not have anything further you wanted to present, Mr. Smith? Mr. SMITH. No; thank you. (Whereupon, at 3:30 p. m., the hearing was concluded.) NATIONAL COUNCIL, JUNIOR Order United AMERICAN MECHANICS, Hon. ARTHUR B. HEALEY, Member of Congress, Philadelphia, Pa., April 14, 1939. House Office Building, Washington, D. C. DEAR CONGRESSMAN HEALEY: Mr. John B. Trevor, who appeared before the subcommittee of the Judiciary Committee of the House of Representatives, on the 13th instant, advised me that you would hold open hearings on the Smith bill, H. R. 5138, for a statement from our organization. I have pleasure in transmitting the statement herewith, and will thank you if you will kindly have this incorporated as a part of the hearings following the testimony of Mr. Trevor on this same bill. 142240-39-ser. 3 With thanks and appreciation and hoping that the bill in question may be speedily_reported out by the committee and passed by both the House and Senate, I am, Respectfully yours, JAMES L. WILMETH, STATEMENT OF THE NATIONAL COUNCIL, JUNIOR ORDER UNITED AMERICAN MECHANICS, AS SUBMITTED BY ITS NATIONAL SECRETARY, JAMES L. WILMETH, IN SUPPORT OF H. R. 5138 The National Council, Junior Order United American Mechanics, is a patriotic, benevolent fraternity founded in 1853 and chartered by the Commonwealth of Pennsylvania about 50 years ago. One of the principal objects and tenets of the fraternity is, and has been since its creation, the restriction of foreign immigration. This society has advocated the doctrine of America for Americans and the giving of Americans the preference in every relation of life for 86 years. As a matter of fact, we advocated the restriction of immigration during the time when it was extremely unpopular to do so but, nevertheless, we have never swerved from this time-honored principle. Our fraternity was very active in helping to secure the passage of the first general restrictive immigration measure adopted by Congress, known as the Burnett bill, and sponsored by Congressman Burnett of Alabama, who was an active member of our society. This bill was passed in 1917 by both Houses of Congress over the veto of the then President of the United States. We brought our influence to bear from many States in helping to override the President's veto, because we believed that there was urgent necessity for the restriction of immigration as set forth in that bill. We also helped to secure the passage of the Immigration Act of 1924, in which was included national origins. We have been active along the lines of sensible restriction and have advocated the passage of bills proposed both in the Senate and House, amending and strengthening our immigration and deportation laws. We submit that the Burnett bill of 1917 and the reenacted immigration measure of 1924 were written on the statute books of the Nation 22 and 15 years ago, respectively. The economic and industrial conditions when these two measures were passed were entirely different from the conditions which confront our country today. These two bills in some respects are obsolete and need to be strengthened and brought up to date to fit existing conditions and times. The requirements of employment today are vastly different from what they were in 1917 or in 1924, when work was plentiful and when organized relief such as we have today was unknown. Look at the conditions today with widespread unemployment affecting both American citizens and the alien in our midst. It is estimated that there is more than 10,000,000 people out of work, and a large percentage of them on relief at the expense of the American taxpayers. We hold that American jobs should be held for and awarded to American citizens, both native born and naturalized, in preference to the national of any other country. We believe in treating the nationals of other nations who are in our midst on the same basis as these foreign countries treat American nationals who are so unfortunate as to become stranded while in their countries and out of work. The rule, as we understand it, is that jobs in those countries must first be given to their own unemployed citizens and that aliens are not given the consideration as to employment that is afforded them in this country. Addressing our remarks to title 1, our society is a firm believer in freedom of speech, freedom of the press, and freedom of the individual within the limits of law. We believe that title 1 of the Smith bill, H. R. 5138, is a most wise provision, and we urge that it be passed by the Congress at an early date. We do not share the views of some of those who participate in these UnAmerican organizations and activities, that the passage of the prohibition contained in title 1 will interfere with freedom of speech or freedom of the press. We submit that the Constitution of the United States in guaranteeing this freedom of speech and action, was never intended to give amnesty to those who, by their speech and action, would undermine or destroy the fundamentals of our Government as embodied in our Constitution. We submit that the same rule would apply to the press. It will be a poor day when we, as American people, absolutely turn loose, to have their own way, subversive alien interests who by organizations, or by the press, seek to destroy our form of government. We submit that some of these subversive organizations and publications go about setting in motion and establishing their destructive features without openly advocating force or violence. We are happy to note that this bill includes "or by any other unlawful means.' We think that communistic and subversive organizations are striving to accomplish their desire to wreck, overthrow, and disrupt the existing governmental order of things through quieter and more subtle means, which should be suppressed. We think H. R. 5138 will accomplish this result, and for this reason we are for it. Due to unemployment and industrial conditions there has been widespread discontent among the working classes of people here in America. This situation has been taken advantage of by organizations largely composed of aliens and foreign element, who have gone about to establish their own particular organization. Some of these are semimilitary and, as we understand it, H. R. 5138 would prohibit participation in any military or semimilitary organization unless and until the Secretary of War issues his permit for it to function as such. We must heartily support the provisions of title 11 in toto. We are very much in favor of section 3, title 1, making it unlawful for any person to attempt the destruction of any officer of the United States because of his official character. Title 111: We approve the terms of section 12 which would deny naturalization to any alien who disbelieves in our form of government or who is a member of any organization advocating a form of government for the United States different from our government under our Constitution and laws. Section 13 makes it unlawful for aliens residing in foreign contiguous territory to commute across our borderline for purposes of employment. We have advocated the adoption of restriction of this kind for years and have cited in our testimony before Immigration Committees of the House and Senate, the situation which exists in Detroit, Mich., where heretofore and, so far as we know at the present time, many thousands of aliens cross the river daily to work in industry in American factories. We are not sure as to the number, but at one time there were more than 20,000 Canadian subjects who resided in that country who were crossing the Detroit River daily in order to find profitable employment. This was done notwithstanding the fact that there were thousands of American citizens walking the streets of Detroit looking for jobs. Such a condition should not be permitted, and we are very happy to support that section which will abolish and discontinue this condition of affairs. We most heartily endorse section 14, which provides for prompt deportation of aliens who have violated the laws and have been convicted as set forth in the several subsections of section 14. Every one of these sections are worth while and, if enacted, will help to clarify and straighten out many difficulties which have arisen in the enforcement of deportation laws. We pause to pay special attention to subsection 8 which establishes 1 year after entry for an alien to declare his intention to become a citizen of the United States. Our society has advocated the registration and fingerprinting of aliens for some years. We note with satisfaction that the bill under consideration, if enacted into law, will accomplish both. Recently we appeared before the subcommittee of the Senate advocating registration and fingerprinting of aliens. It was argued at that time by the opposition and by representatives of the Department of Labor that to put on a wholesale registration of aliens and fingerprinting of them would be a heroic job costing more than the benefits would ever amount to; and further, it was stated that it would be embarrassing to aliens to require them to be registered and fingerprinted. We do not share the views of those who appeared in opposition, or the representatives of the Department of Labor who thought it would be unwise, for the reason that aliens who are resident in the United States should not be given superior advantages and exemptions which do not apply to our own citizens, for instance, as a voter in the Commonwealth of Pennsylvania, I am registered and am proud of that fact. Recently when a member of my family presented herself to the post office in the city of Philadelphia to purchase Postal Savings certificates, she was required to be fingerprinted. We did not consider this undignified either to be registered or to be fingerprinted. As a matter of fact, it would be a fine thing if every citizen of the United States, whether native-born, or naturalized, or resident aliens should be required to be registered and fingerprinted. We hope this feature of the bill may receive the favorable attantion of your committee. According to our views, the bill sets out these requirements in an admirable fashion. We call attention to the report of the Commissioner General of Immigration for 1938, wherein he states that 470 aliens who had violated the laws of the United States and had been convicted and sentenced to deportation, that their deportation could not be carried out for the reason that the countries from whence they came would not let them return. We brought out the fact at the hearing before the Senate Subcommittee of Immigration, that notwithstanding these countries, and particularly Russia, had refused to receive back aliens who are unfit to become citizens of this country under our laws, we are still receiving immigrants from that country. We submit that if any nation fails to take back their undesirable citizens who have violated our laws, that we should retaliate here by not admitting any more of their nationals. If there is no provision of law at the present time to give force and effect to this, and the same cannot be accomplished by registration, then we submit that a law should be written on the statute books of the Nation clearly defining and prohibiting any further immigration from nations who refuse to receive back their own bad citizens. We note that H. R. 5138 would detain or incarcerate such aliens, and that it also provides to suspend and revoke any law, regulation, or treaty for any further immigration from any foreign country which fails to permit the reentry to that country of their deported nationals who have violated our law. We are most heartily in favor of title IV which contains these provisions. It is our judgment that this bill, if it becomes a law, will fill a long-felt want and will help to solve many of the difficulties confronting the Department of Labor in the enforcement of existing immigration statutes, and will otherwise be for the best interest of America and its working people. Thanking you for the opportunity to submit these views, and hoping for favorable action by the Judiciary Committee, we are, Respectfully yours, NATIONAL COUNCIL, JUNIOR O. U. A. M., JLW:ID. |