Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-12-15
ACTION ASKED
ON ALIEN LAW
immigration Situation
Suggests Several
Changes
Especial to the Heraldl

2AFIL4NGE4NS OCC. 1@-lle 1Cl-
lowing resolution was adopted and
signed by the organization inter-
ested in the immigration situation
at a meeting Friday afternoon st
the city hall. 1t will be freely dis
tributed TO the various Chambers
Of Commerce in the state Of Texas
and other States with the request
that the same shall be submitted 10
their representative bodies. copies
shall be given the press. and copies
mailed TO Senators Hon. Morris
Sheppard and Hon. Tom Connally.
and TO congressman, John NJ. Gar
ner.
1t was also suggested at the
meeting that the organization be
named the Rio Grande Valley, Inc.
The resolution as follows:
WHEREAS. under the Immigra-
ton Laws Congress has empowered
an executive officer, to-wit: The
Secretary of Labor, with certain
quasi-judicial powers If not wholly
judicial powers to try resident aliens
and even persons for alleged vio-
lation OF said immigration Laws;
and
WHEREAS, at such trials dis
puted questions Of fact often arise
which are submitted solely to the
Judgment Of immigration officials
whose minds are often made up or
prejudiced against aliens and said
persons are deprived of their right
Of trial by Jury on such controver-
ted issues of fact; and
WHEREAS, said immigration
Laws provide only for an appeal
from said immigration Tribunals TO
the Secretary Of Labor and makes
the decision Of the Secretary Of
Labor final; and
WHEREAS, the Supreme Court in
the recent case of Quon QuOn Poy
vs.. johnson 273 II. S. 353; IL T.. ed.
$50; decided in February, 1927, has
in effect denied a citizen OF the
United States, born abroad, ana
seeking TO enter the United States
but prevented from doing 30 by the
immigration authorities, a judicial
hearing to determine the fact
whether or not he is a citizen Of
the Pnited States, in which the Su-
preme court used the following
language:
1T is clear, however, in the light
Of the previous decisions Of this
court, that when the petitioner.
who had never resided in the United
States, presented himself at its
border for admission, the mere fact
that he claimed to be a clJlzen did
not entitle him under the Consti-
tuition TO a judicial hearing; and
that unless 1t appeared tnat me oe-
partmental officers 10 whom Con-
gress had entrusted the decision Of
mis- claim, had denied hum an OPP
portunity to establish" his citizen
ship, at a fair hearing, 0 racted II
some unlawful or improper way OF
abused their discretion, their ind
ing upon the question OF citizenship
was conclusive and not subject Y
review, and 1t was the duty Of the
court to dismiss the writ OF habeaS
corpus without proceeding further
and
WHEREAS, the effect Of said de-
cision is to deprive citizens Of the
United States. residing outside OF It's
territorial Jurisdiction, with equal
rights with citizens Of the United
States residing within its territorial
jurisdiction; and to deprive such
citizens c1 their constitutional
rights such as a right OF trial by
Jury, a judicial hearing on questions
determining their rights, and that
no person shall be deprived Of life
liberty or property, especially MS
valuable right Of citizenship, with
out due process Of law; and
WHEREAS, such immigration
Laws permit an executive depart
ment to exercise powers p vests
said Executive Department with the
power ID interpret said laws, which
Is the exclusive function OF the Ju-
dicial Department. all Of which Is
contrary to the letter and spirit
or our constitution: therefore,
BE 1T RESOLVED by the under
signed citizens Of the United States
residents OF the Rio Grande valley
in convention assembled at Harlin-
rem. Texas, on this 10 day Of De
cember. A. D. 1929. that we appeal
10 the Congress Of the United
States through our Senators and
Representatives in Congress. to
pass either an amendment to the
present Immigration Law or enact a
new law which shall safeguard the
rights Of citizens Of the United
states. residing abroad; and also
OF bona fide residents aliens who
have acquired the status Of citizens
bv a residence within the territorial
jurisdiction OF the United States o.
not less than three years. by pro-
vidinr that an appeal shall always
lie from the decision Of the Secre-
tary az Labor. either excluding such
persons claiming 10 be citizens Of
the United States from entering in
"a the United States. OF ordering
the deportation OF Bona fide resi-
dent aliens, to the District Court
OF the District where such citizens
Of the United States attempt &C
enter or where such resident aliens
ordered deported. shall reside; and
that in such appeals such persons
snail have the right to demand a
trial by jury on controverted is