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Administrative Decisions in Connection with Immigration1

Published online by Cambridge University Press:  02 September 2013

Louis F. Post
Affiliation:
United States Department of Labor

Extract

Administrative decisions in connection with immigration are in a different class from those of the interior department and those of the interstate commerce commission as explained in the preceding papers. The interior department deals with distributions of public property and the interstate commerce commission acts judicially with reference to private rights; whereas administrative decisions in connection with immigration determine some of the most sacred of private rights as a mere incident in the execution of a public policy.

The immigration service is within the general but minutely regulated administrative jurisdiction of the department of labor.

This is the tenth and youngest of those executive branches of the federal government that are administered by members of the president's cabinet. For its administration the present secretary of labor, who is also the original incumbent, is William B. Wilson, of Pennsylvania.

Type
Research Article
Copyright
Copyright © American Political Science Association 1916

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References

2 Organic Act of the Department of Labor, entitled “An Act to Create a Department of Labor,” approved March 4, 1913; Immigration and Chinese Exclusion Laws collected in Regulations of Department of Labor (1915), pp. 131 to 227.

3 Organic Act, Sec. 1; “That there is hereby created an Executive Department of the Government to be called the Department of Labor, with a Secretary of Labor, who shall be the head thereof, to be appointed by the President by and with the advice and consent of the Senate.”

4 First Annual Report of the Secretary of Labor (1913), p. 7; and Second Annual Report of the Secretary of Labor (1914), p. 6.

5 Id. (1913), p. 47, and id. (1914), pp. 9 to 12.

6 Id. (1913), p. 22; id. (1914), p. 56; id. (1915), p. 54 et seq; Organic Act, Sec. 3 and 4.

7 First Annual Report of the Secretary of Labor (1913), p. 44; id. (1914), p. 80; id. (1915), p. 72; Organic Act, Sec. 3.

8 First Annual Reports of the Secretary of Labor (1913), pp. 27–43; id. (1914), pp. 62–79; id. (1915), pp. 59–71; 80–84; Organic Act, Sec. 3.

9 First Annual Report of the Secretary of Labor (1913), p. 27; id. (1914), p. 62; id. (1915), p. 59; Organic Act, Sec. 3.

10 First Annual Report of the Secretary of Labor (1913), p. 27.

11 “An Act to regulate the immigration of aliena into the United States,” approved February 20, 1907 (34 Stat. 899), with its amendments as collected in Regulations of the Department of Labor (1915), pp. 131–147.

12 Treaty of 1880 and Statutes relating thereto as collected in Regulations of the Department of Labor (1915), pp. 185–205.

13 Regulation of the Department of Labor (1915),p. p 147–170.

14 Lewis v. Frick, 233 U. S. 291; Ueberall v. Williams, 187 Fed. 470.

15 Lewis v. Frick, 233 U. S. 291; Lee Lung v. Patterson, 186 U. S. 168; Pearson v. Williams, 202 U. S. 281.

16 Act of February 20, 1907, 34 Stat. 899, Sec. 10.

17 Regulations of the Department of Labor (1915), pp. 185–227; Chae Chan Ping v. U. S., 130 U. S. 581; 23 Opp. Att. Gen. 485.

18 U. S. v. Wong Kim Ark. 169 U. S. 649.

19 U. S. v. Ju Toy, 189 U. S. 253.

20 Zakonaite v. Wolf, 226 U. S. 272.

21 Lewis v. Frick, 233 U. S. 291.

22 Zakonaite v. Wolf, 226 U. S. 272.