The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-09
10 BdR
Senator Chnudicr's Views on the Power
Vested In Col. Weber.

vested III Col. weber.
To TIRE EDITOR OF THE SuN-Sir: The dis
cussion in your columns OF the respective
rights. under state and national laws. OF the
New York State and the United States author
tiles to quarantine immigrants is %appropri-
ate. and has shown research and acuteness on
your part
There has. however. been little reference
made to a quiet and unobtrusive but intclii-
gent and courageous Federal official in New
York city. Col. John B. Weber. Commissioner
OF Immigration. who. acting under a statute
superior to ali State laws. can prevent from
landing passengers suspected OF Infection
with cholera as long as he Sees.f Ill. His discre-
ton rs to the ti,no Of detention is absolute.
and can he overruled by no other Official and
by no court. He can be removed from his
Office by the Secretary OF the Treasury. but
while he is in office. his discretionary right
and that Of his inspection officers to detnin
immigrants can be taken away from him by
no power whatever.
The immigration act of March 3. 1891. sec
ton !. excludes from admission into the
United States persons suffering from n loath-
some or dangerous contagious disease. Sec
ton 9 is us follows:
That upon the arrival by water nt any place within
the rnited statesot ANY alien Immigrants it shall be
the dIty OF tho COM ariing officer and the agents OF
the steam or sa ling vessel BY which they came to re.
port tho name. nationality. last residence. and desti.
nation OF every slch al'sn. before any of them are
landed. 10 the proper Inspection officers. who shall
tner-up0n go or send competent Assistants on board
such YES ei and there inspect all such aliens. or the III.
srection officers may order " temporary removal Of
such nllens FOR examination at u designated time and
place. and then and there aetain them until a thorough
Inspection Is made. lut such removal shall not DO
consiGered a Landing during the pendcnry Of such eH-
animation. the medical examination shall 10 made
by surgeons of tho Marine Hospital service. In eases
wne.e the services Of u Marine ospital sargrOn cannot
be obtained without causing unreasonable delay lie in
sptctor may cause an allen to be examined by = cIvil
surgeon. and the Secretary of the Treasury shall! tx the
compensation for such examination. Tho inspection
officers and their assistants shall have power 10 admin,
is,er oaths. and to tako and consider testimony touch
ing the right of any such Aliens TO enter the United
States, AL ut which shall! lie entered OF record. DURING
| such Inspection after temporary removal tho surorin-
terdrnt shalt cause such Elisns TO be properly housed.
ted. and cared for. and also. in his discretion. such as
are delayed in proceeding 10 their Destination
after Inspection. Al! decisions made by tn" In
suesiisn officers or their assistants touching the
right OF any alien 10 land. when adverse to
such right. shnll be hnal unless appeal he taken
to the superintendent of immigration. whose action
shall he subject to review by the secretary or ths
Treasury. II shall be the duty OF the Aforesaid officers
and agents OF such vessel to adopt due precautions to
prevent the landing Of any alien immigrant At any
Mace or time other than That designated by the In
spection officers. aud any such Officer or agent or per.
CON IN charge Of such vcsse! who shall either know
iuyly or ne ligcutly land or permit 10 land any alien
immigrant ut any place or time other than that desis'
r,.,a rv the Inspection officers. shall be deemed guilty
of n m,sicmeanOg. and punished By n me not exceed.
ir,, one thousand dollars. or by imprisonment for >
term NO: exceeding one year. or by both such fine and
imprisonment.
Section q is MS follows:
That any person who shall bring into or land in tho
| United States by vessel or otherwise. or who shall aid
| TO bring into or land in the United States by vessel or
otherwise any alien net lawfully entitled to enter tho
| United states shall be deemed guilty of amisiemeanor
and shall. on conviction. be punished by n me not OK.
| ceeding one thousand dollars. or by imprisonment for .
term not exceeding one year. or by both such dns and
imprisonment
Strictly speaking. tho above law does not
prevent diseased American citizens from COM
ing in! But tho discretion Is complete In the
| United States inspection officers to decide
what aliens shall be inspected as immigrants
| and how long they shall bo detained on ship
board or at a temporary landing place for the
purpose OF examination. The Federal law is
paramount. and can at any moment be invoked
to wholly supersede DR.. Jenkins's powers and
functions under state laws.
Indeed. the act is u most overwhelming
Force bill" When it becomes necessary in
order to carry out tho Presidents policy for
Col. Weber to act under it. he will do SO fear
lessly, and any State official who gets in his
way is liable to fine and Imprisonment un-
der section u. II ] am wrong. The SUNS OK
cellent corps Of lawyers will correct me.
CoNcoRp. N. H.. Sept. Z. ". T. CHANDLER