STATE OF KANSAS, AFFIDAVIT OF DR. H. F. JANZEN Marion County, ss: Dr. H. F. Janzen, being of lawful age, and first duly affirmed, on his affirmation states that he is residing at Hillsboro, Marion County, Kans. That he for the first time attended Mr. John L. Harder in October 1938 and found him completely helpless his face being masklike with no expression or movement of the eyes. His body and extremities were completely paralyzed, with periods of slight tremor of the hands and lower jaw. The muscles are greatly atrophied and in a state of rigidity. No voluntary movements are evident. The skin is thin and shiny. The pulse and heart action are quite normal. No severe bed sores are evident at present. There is perfuse perspiration with a strong body odor and foul breath. Appetite and digestion are fair. My diagnosis at this one personal call and judging from the history of this case, it is encephalitis lethargica with paralysis agitans as a sequel. As to prognosis, his condition is incurable. If no complications set in he may live for a number of years, but such is not likely. Usually penumonia claims such patients sooner or later. Since he is bedfast, it would endanger and complicate his condition, if one would try to move him. Dated at Hillsboro, Kans., this the 6th day of May 1939. HERMAN F. Janzen, M. D. Subscribed and affirmed to before me this the 6th day of May 1939. [SEAL] My commission expires October 18, 1939. STATE OF KANSAS, J. D. WIEBE, Notary Public. AFFIDAVIT OF MRS. ELIZABETH N. JANKE Marion County, ss: Mrs. Elizabeth N. Janke, of lawful age, being first duly affirmed, on her affirmation says that she has been an actual resident of Marion County, Kans., for more than 15 years last past, and is now a resident of this county and State. That affiant is well acquainted with John L. Harder, residing at Hillsboro Marion County, Kans. That she intimately knows Mr. Harder for several years as a man of sterling character. That he is thoroughly reliable and a man of good standing in the community. That she has never known of Mr. Harder violating the law in any way, and that he is not a public charge. Further affiant saith not. Mrs. ELIZABETH N. JANKE. J. D. WIEBE, Notary Public. Subscribed and affirmed to before me this the 20th day of April 1939. [SEAL] My commission expires October 18, 1939. STATE OF KANSAS, Marion County, ss: AFFIDAVIT OF FRED FOTH Fred Foth, of lawful age, being first duly sworn, on oath says that he has been an actual resident of Marion County, Kans., for more than 25 years last past, and now on this date is a resident of said county and State. That affiant is well acquainted with John L. Harder, who is residing at Hillsboro, Marion County, Kans. That he has intimately known the said John L. Harder, for several years as a man of sterling character. That he is thoroughly reliable and a man of good standing in the community. That he has never violated the law in any way, and that he is not a public charge. Further affiant saith not. FRED FOTH. Subscribed and sworn to before me this the 20th day of April 1939. [SEAL] My commission expires October 18, 1939. O J. D. WIEBE, Notary Public. Mr. KING, from the Committee on Immigration, submitted the following REPORT [To accompany S. 3204] The Committee on Immigration, to whom was referred the bill (S. 3204) for the relief of Louise Hsien Djen Lee Lum, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass. PURPOSE OF THE BILL That notwithstanding the provisions of the immigration and naturalization laws, the Secretary of Labor is authorized and directed to (1) permit Louise Hsien Djen Lee Lum, the wife of a citizen of the United States and the mother of two children born in the United States, to remain permanently in the United States, and (2) cancel any warrants of arrest or orders of deportation which may have been issued with respect to the said Louise Hsien Djen Lee Lum. GENERAL INFORMATION There is printed below letter addressed to the chairman of the committee by the Acting Secretary of Labor which explains in detail the facts concerning the said Mrs. Lum. Your committee after carefully considering the facts and evidence in this case recommend that the bill be favorably reported to the Senate, and that the same do pass. Hon. RICHARD B. RUSSELL, DEPARTMENT OF LABOR, Washington, February 15, 1940. Chairman, Senate Committee on Immigration, United States Senate, Washington, D. C. MY DEAR SENATOR RUSSELL: I have your letter of January 30, 1940, addressed to the Commissioner of Immigration and Naturalization, requesting the views of this Department on bill S. 3204, introduced by Senator King for the relief of Mrs. Louise Hsien Djen Lee Lum. A review of the immigration file in this case shows that Mrs. Lum, a native and citizen of China, of the Chinese race, was admitted to Honolulu on June 29, 1934, under bond, for a period of 1 year. Her temporary admission was extended to June 29, 1936, it appearing that she had married an American citizen shortly after her arrival and that one child had been born of that union. Since that time another child has been born to her. Action in this case was withheld pending passage by Congress of possible remedial legislation, but such legislation failed of passage. She was given further extensions of her temporary admission, the last extension to expire on September 1, 1940. In view of the fact that Mrs. Lum has an American citizen husband and two children who also are citizens of this country, it is my recommendation that the bill be given favorable consideration. The immigration file in this case, No. 55919/735, is transmitted herewith. Sincerely yours, C. V. MCLAUGHLIN, Mr. SCHWELLENBACH, from the Committee on Immigration, submitted the following REPORT [To accompany S. 2148] The Committee on Immigration, to whom was referred the bill (S. 2148) providing for the admission of Ruth Molimau Kenison to American citizenship, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass. GENERAL INFORMATION There is printed below a letter addressed to the chairman of the committee by the Commissioner of Immigration and Naturalization which explains the facts in the case. Your committee, after carefully considering the facts and evidence in this case recommend that the bill be favorably reported to the Senate and that the same do pass. DEPARTMENT OF LABOR, IMMIGRATION AND NATURALIZATION SERVICE, Hon. RICHARD B. RUSSELL, Jr., Chairman, Committee on Immigration, United States Senate, Washington, D. C. MY DEAR SENATOR RUSSELL: Permit me to refer to your letter requesting the administrative view concerning bill S. 2148. The bill was introduced on April 11, 1939, by Mr. King, and bears the title "A bill for the admission of Ruth Molimau Kenison to American citizenship." The bill would provide that Ruth Molimau Kenison, a native of American Samoa, be unconditionally admitted to the character and privileges of a citizen of the United States. The bill describes Mrs. Kenison as residing in Hawaii and the widow of a native-born citizen of the United States who was formerly an employee of the United States Naval Station at Pago Pago. It is my information that Mrs. Kenison is a full-blooded Samoan and that she was married to Mr. Kenison on May 18, 1918. It is also my information that seven children were born of the marriage. Mr. Kenison is said to have died on July 28, 1937. Prior to 1922, when the Cable Act was enacted, section 1994 of the United States Revised Statutes provided that "any woman who is now or may hereafter be married to a citizen of the United States and might herself be lawfully naturalized, shall be deemed a citizen." The term "who might herself be lawfully naturalized" relates to an inherent disqualification, such as race. Section 2169 of the United States Revised Statutes provides that the provisions of the naturalization laws "shall apply to aliens being free white persons, and to aliens of African nativity, and to persons of African descent." By reason of that limitation the Supreme Court has held a Japanese person is not eligible to naturalization (Ozawa v. U. S., 1922, 260 U. S. 178), nor is a Hindu (U. S. v. Thind, 1923, 261 U. S. 204). It has also been determined that a Filipino may not be naturalized excepting as he complies with the provisions of law specifically applicable to a Filipino. (U. S. v. Javier, 1927, 22 F. (2d) 879; Toyota v. U. S., 1925, 268 U. S. 402.) I am not advised of any controlling decision upon the question of whether Samoans are included within section 2169. If they are, it would appear that Mrs. Kenison may be a citizen by virtue of her marriage on May 18, 1918. If she is not a citizen by virtue of marriage, the fact which operated to prevent her acquiring citizenship by the marriage would likewise disqualify her for naturalization under present law. I note that a bill identical with bill S. 2148, namely, H. R. 5600, was introduced in the House on April 5, 1939, by Delegate King, of Hawaii. There was also introduced in the House by Mr. King a public bill having for its purpose the removal of race limitation against the naturalization of natives of American Samoa who owe permanent allegiance to the United States. The question of whether there should be any naturalization legislation in behalf of Mrs. Kenison, and if so, whether it should take the form of a public or private bill, is one for the Congress to decide. Very truly yours, JAMES L. HOUGHTELING, Commissioner. О |