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May 19, 1921. [H. R. 4075.] [Public, No. 5.]

Immigration of

aliens.

"United States"

Canal Zone and in

CHAP. 8.—An Act To limit the immigration of aliens into the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as used in this ActThe term "United States" means the United States, and any waters, territory, or other place subject to the jurisdiction thereof ex- construed. cept the Canal Zone and the Philippine Islands; but if any alien leaves sular restriction. the Canal Zone or any insular possession of the United States and attempts to enter any other place under the jurisdiction of the United States nothing contained in this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens.

The word "alien" includes any person not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed nor citizens of the islands under the jurisdiction of the United States.

"Alien" defined.

"Immigration Act." Vol. 39, pp. 874-898.

Comprehensive

The term "Immigration Act" means the Act of February 5, 1917, entitled "An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States"; and the term "immigra- "Immigration laws.” tion laws" includes such Act and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens.

meaning."

Yearly admissions

tionality.

its.

Persons excepted

SEC. 2. (a) That the number of aliens of any nationality who may limited to 3 per cent of be admitted under the immigration laws to the United States in any residents of same nafiscal year shall be limited to 3 per centum of the number of foreignborn persons of such nationality resident in the United States as determined by the United States census of 1910. This provision shall from percentage limnot apply to the following, and they shall not be counted in reckoning any of the percentage limits provided in this Act: (1) Government officials, their families, attendants, servants, and employees; (2) aliens in continuous transit through the United States; (3) aliens lawfully admitted to the United States who later go in transit from one part of the United States to another through foreign contiguous territory; (4) aliens visiting the United States as tourists or temporarily for business or pleasure; (5) aliens from countries immigration from which is regulated in accordance with treaties or agreements relating solely to immigration; (6) aliens from the so-called Asiatic barred zone, as described in section 3 of the Immigration Act; (7) aliens who have resided continuously for at least one year immediately preceding the time of their admission to the United States in the Dominion of Canada, Newfoundland, the Republic of Cuba, the Republic of Mexico, countries of Central or South America, or adjacent islands; or (8) aliens under the age of eighteen who are children of citizens of residents. the United States.

Vol. 39, p. 876. Residents of contiguous countries, etc.

Minor children of

Country of birth to

(b) For the purposes of this Aet nationality shall be determined determine nationality. by country of birth, treating as separate countries the colonies or dependencies for which separate enumeration was made in the United States census of 1910.

Statement of various

pared.

Estimate for newly

(c) The Secretary of State, the Secretary of Commerce, and the nationalities of resiSecretary of Labor, jointly, shall, as soon as feasible after the enact-dents in 1910, to be prement of this Act, prepare a statement showing the number of persons of the various nationalities resident in the United States as determined by the United States census of 1910, which statement shall be the population basis for the purposes of this Act. In case of changes created countries, or in political boundaries in foreign countries occurring subsequent to transferred 1910 and resulting (1) in the creation of new countries, the Governments of which are recognized by the United States, or (2) in the transfer of territory from one country to another, such transfer being recognized by the United States, such officials, jointly, shall estimate the number of persons resident in the United States in 1910 who were

ries.

territo

considered therefrom.

born within the area included in such new countries or in such territory so transferred, and revise the population basis as to each country Place of birth to be involved in such change of political boundary. For the purpose of such revision and for the purposes of this Act generally aliens born in the area included in any such new country shall be considered as having been born in such country, and aliens born in any territory so transferred shall be considered as having been born in the country to which such territory was transferred.

Exclusion of others after maximum of nationality admitted.

Provisos.

of admission.

Classes excepted not

withstanding maxi

mum of nationality have been admitted.

(d) When the maximum number of aliens of any nationality who may be admitted in any fiscal year under this Act shall have been admitted all other aliens of such nationality, except as otherwise provided in this Act, who may apply for admission during the same Monthly limitation fiscal year shall be excluded: Provided, That the number of aliens of any nationality who may be admitted in any month shall not exceed 20 per centum of the total number of aliens of such nationality who are admissible in that fiscal year: Provided further, That aliens returning from a temporary visit abroad, aliens who are professional actors, artists, lecturers, singers, nurses, ministers of any religious denomination, professors for colleges or seminaries, aliens belonging to any recognized learned profession, or aliens employed as domestic servants, may, if otherwise admissible, be admitted notwithstanding the maximum number of aliens of the same nationality admissible in the same month or fiscal year, as the case may be, shall have entered To be counted in per- the United States; but aliens of the classes included in this proviso who enter the United States before such maximum number shall have entered shall (unless excluded by subdivision (a) from being counted) be counted in reckoning the percentage limits provided in this Act: Provided further, That in the enforcement of this Act preference shall be given so far as possible to the wives, parents, brothers, sisters, cit- children under eighteen years of age, and fiancées, (1) of citizens of the United States, (2) of aliens now in the United States who have war service to be nat- applied for citizenship in the manner provided by law, or (3) of persons eligible to United States citizenship who served in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates inclusive, and have been separated from such forces under honorable conditions.

centage limits.

Preference to fami

lies, etc., of citizens.

Of applicants for

izenship.

Persons eligible by uralized.

Vol. 41, p. 222.

Rules, etc., to be prescribed.

ber of admissibles to be published.

For ensuing year.

of admission, etc.

SEC. 3. That the Commissioner General of Immigration, with the approval of the Secretary of Labor, shall, as soon as feasible after the enactment of this Act, and from time to time thereafter, prescribe rules and regulations necessary to carry the provisions of this Act Statement of num into effect. He shall, as soon as feasible after the enactment of this Act, publish a statement showing the number of aliens of the various nationalities who may be admitted to the United States between the date this Act becomes effective and the end of the current fiscal year, and on June 30 thereafter he shall publish a statement showing the number of aliens of the various nationalities who may be admitted Monthly statements during the ensuing fiscal year. He shall also publish monthly statements during the time this Act remains in force showing the number of aliens of each nationality already admitted during the then current fiscal year and the number who may be admitted under the provisions Weekly statements of this Act during the remainder of such year, but when 75 per centum maximum have been of the maximum number of any nationality admissible during the fiscal year shall have been admitted such statements shall be issued Dissemination of weekly thereafter. All statements shall be made available for general publication and shall be mailed to all transportation companies bringing aliens to the United States who shall request the same and shall file with the Department of Labor the address to which such stateTransmittal to ments shall be sent. The Secretary of Labor shall also submit such statements to the Secretary of State, who shall transmit the informa

when 75 per cent of

admitted.

statements.

American representatives abroad.

tion contained therein to the proper diplomatic and consular officials of the United States, which officials shall make the same available to persons intending to emigrate to the United States and to others who may apply.

Provisions

addi

Sec. 4. That the provisions of this Act are in addition to and not tional to immigration in substitution for the provisions of the immigration laws.

laws.

Effective dates.
In force until June
30, 1922.
Admission allowed

Sec. 5. That this Act shall take effect and be enforced 15 days after its enactment (except sections 1 and 3 and subdivisions (b) and (c) of section 2, which shall take effect immediately upon the enactment of this Act), and shall continue in force until June 30, 1922, and the to June 30, 1921. number of aliens of any nationality who may be admitted during the remaining period of the current fiscal year, from the date when this Act becomes effective to June 30, shall be limited in proportion to the number admissible during the fiscal year 1922. Approved, May 19, 1921.

CHAP. 9.-An Act For the relief of certain ex-service men whose rights to make entries on the North Platte irrigation project, Nebraska-Wyoming, were defeated by intervening claims.

May 20, 1921. [S. 594.] [Public, No. 6.]

North Platte Irriga

Ex-service men, pre

claims, to have prefer

under.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the ex-service men tion Project, Nebr., qualified to make entry under the homestead laws, who were success- Wyo. ful at the drawing held March 5, 1920, for farm units on the North vented by intervening Platte irrigation project, Fort Laramie unit, Nebraska-Wyoming, ence homestead entry and to whom approved water-rental applications were duly issued, rights at next opening but who were prevented from making homestead entries for the lands covered by such applications because of the reinstatement of certain conflicting homestead entries, shall each have a preferred right of entry under the homestead laws at the next opening of lands under said project, for not less than thirty days before the date set for the opening of such lands to other entry: Provided, That this Act shall Condition. not be considered as entitling any person to make another homestead entry who shall have received the benefits of the homestead laws since being prevented, as aforesaid, from exercising the right acquired at the said drawing on March 5, 1920.

Approved, May 20, 1921.

CHAP. 10.—An Act Granting the consent of Congress to the Washington and Old Dominion Railway, a corporation, to construct a bridge across the Potomac River.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Washington and Old Dominion Railway, a corporation organized under the laws of the State of Virginia, and its successors and assigns, to construct, maintain, and operate a bridge and approaches thereto across the Potomac River at a point suitable to the interests of navigation, at or near Point of Rocks, in the county of Frederick, in the State of Maryland, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23,

1906.

SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved.

Approved, May 25, 1921.

Proviso.

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May 25, 1921. [H. J. Res. 123.] [Pub. Res., No. 4.]

Washington Monument, D. C.

Sum immediately available.

Vol. 41, p. 1390. Appropriation for elevator repairs, etc.

May 27, 1921.

[S. 535.] [Public, No. 8.]

Submarine cables. Landing or operat foreign country forbid

ing, connecting with den, unless licensed.

Provisos.

CHAP. 11.-Joint Resolution To provide funds for the repair of the elevator in the Washington Monument.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $900 of the appropriation for the fiscal year 1922 for care and maintenance of the Washington Monument is hereby made immediately available, and for special repairs to the elevator and other mechanical equipment of the Monument, there is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $2,500, to continue available until June 30, 1922.

Approved, May 25, 1921.

CHAP. 12.-An Act Relating to the landing and operation of submarine cables in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall land or a operate in the United States any submarine cable directly or indirectly connecting the United States with any foreign country, or connecting one portion of the United States with any other portion thereof, unless a written license to land or operate such cable has Present unlicensed been issued by the President of the United States: Provided, That any cables may continue such cable now laid within the United States without a license granted by the President may continue to operate without such license for a tinental United States period of ninety days from the date this Act takes effect: And provided further, That the conditions of this Act shall not apply to cables, all of which, including both terminals, lie wholly within the continental United States.

for 90 days.

Wholly within connot affected.

Withholding or re

voking licenses

thorized.

Conditions.

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SEC. 2. That the President may withhold or revoke such license when he shall be satisfied after due notice and hearing that such action will assist in securing rights for the landing or operation of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will promote the security of the United States, or may grant such license upon such terms as shall be necessary to assure just and reasonable rates and service in the operation and use of cables so licensed: Provided, That the license shall not contain terms or conditions granting to the licensee exclusive rights of landing or of operation in the United Control of Interstate States: And provided further, That nothing herein contained shall be sion over messages not construed to limit the power and jurisdiction heretofore granted the Interstate Commerce Commission with respect to the transmission of messages.

Provisos.

No exclusive rights to licensees.

Commerce Commis

impaired.
Vol. 41, p. 474.

Prevention of illegal landing.

Jurisdiction of Federal courts to enjoin.

Punishment for vio

lations.

"United States." Comprehensive meaning of term.

SEC. 3. That the President is empowered to prevent the landing of any cable about to be landed in violation of this Act. When any such cable is about to be or is landed or is being operated, without a license, any district court of the United States exercising jurisdiction in the district in which such cable is about to be or is landed, or any district court of the United States having jurisdiction of the parties, shall have jurisdiction, at the suit of the United States, to enjoin the landing or operation of such cable or to compel, by injunction, the removal thereof.

SEC. 4. That whoever knowingly commits, instigates, or assists in any act forbidden by section 1 of this Act shall be guilty of a misdemeanor and shall be fined not more than $5,000, or imprisoned for not more than one year, or both.

SEC. 5. That the term "United States" as used in this Act includes the Canal Zone, the Philippine Islands, and all territory, continental or insular, subject to the jurisdiction of the United States of America.

SEC. 6. That no right shall accrue to any Government, person, or corporation under the terms of this Act that may not be rescinded, changed, modified, or amended by the Congress.

Approved, May 27, 1921.

Right to rescind,

etc., declared.

CHAP. 13.-An Act To amend the Act entitled "An Act to establish a code of law for the District of Columbia, approved March 3, 1901," and the Acts amendatory thereof and supplementary thereto.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act to establish a code of law for the District of Columbia, approved March 3, 1901, and the Acts amendatory thereof and supplementary thereto, constituting the code of law for the District of Columbia, be, and the same are hereby, amended as follows:

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Fraudulent disposal

erty.

Strike out section 833a and insert in lieu thereof: "SEC. 833a. Whoever, being in possession of personal property of conditionally, acreceived upon a written and conditional contract of sale, with intent quired personal propto defraud, sells, conveys, conceals, or aids in concealing the same, or removes the same from the District of Columbia without the consent of the vendor, before performance of the conditions precedent to acquiring the title thereto, shall be punished by a fine of not more fied. than $100, or by imprisonment for not more than ninety days." Approved, May 27, 1921.

CHAP. 14.-An Act Imposing temporary duties upon certain agricultural products to meet present emergencies, and to provide revenue; to regulate commerce with foreign countries; to prevent dumping of foreign merchandise on the markets of the United States; to regulate the value of foreign money; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I.

EMERGENCY TARIFF.

Punishment modi

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Emergency
Post, p. 220.
Duties levied for six

Possessions except

That on and after the day following the passage of this Act, for the months on designated period of six months, there shall be levied, collected, and paid upon imports. the following articles, when imported from any foreign country into the United States or into any of its possessions (except the Philippine ed Islands, the Virgin Islands, and the islands of Guam and Tutuila), the rates of duty which are prescribed by this section, namely: 1. Wheat, 35 cents per bushel.

2. Wheat flour and semolina, 20 per centum ad valorem. 3. Flaxseed, 30 cents per bushel of fifty-six pounds.

4. Corn or maize, 15 cents per bushel of fifty-six pounds.

5. Beans, provided for in paragraph 197 of the Act entitled "An Act to reduce tariff duties and to provide revenue for the Government, and for other purposes," approved October 3, 1913, 2 cents per pound.

6. Peanuts or ground beans, 3 cents per pound.
7. Potatoes, 25 cents per bushel of sixty pounds.
8. Onions, 40 cents per bushel of fifty-seven pounds.

9. Rice, cleaned, 2 cents per pound, except rice cleaned for use in the manufacture of canned foods, on which the rate of duty shall be 1 cent per pound; uncleaned rice, or rice free of the outer hull and

Wheat.

flour and

Wheat
semolina.
Flaxseed.
Corn.
Beans.
Vol. 38, p. 133.

Peanuts.
Potatoes.

Onions.

Rice.

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