Full text: National origins provision of immigration law

18 NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW 
Mr. Trevor. Because he was present with Senator Reed and one 
other gentleman at that time—said that this is the only basis that 
will eliminate the charge that Congress is attempting to discriminate 
agains certain races which have contributed to our population and 
many of whose sons have fallen in its defense. Senator Lodge was 
very strongly of the opinion that through the working out by the 
authorities of the census we would reach an approximation of the 
facts regarding an analysis of our people. 
Senator Rrep. If you will permit an interruption, Captain: Sen- 
ator Lodge made a similar statement on the floor of the Senate. He. 
was always much interested in immigration. “He had been chairman 
of this committee for many years. 
Mr. Trevor. It is said, Mr. Chairman, that the national-origins: 
provision is unconstitutional. If I may, I would like to read to you 
some provisions of the act, because I feel it is necessary to refresh 
your recollection, in order that you may appreciate the fact that the. 
1890 census base is one of estimate and not of precise statistics as. 
has been asserted in and out of Congress in connection with the. 
effort to repeal the national-origins provision. 
Section 12, subsection (b) of the act—1I will read excerpts from it, 
but I might suggest that in your pleasure paragraphs (b) and (c¢) 
be incorporated in the record, in order that the possibility of a 
charge of misquotation or anything of that kind may not arise in 
connection with the excerpts which I read. [Reading:] 
(b) The Secretary of State, the Secretary of Commerce, and the Secretary 
of Labor, jointly, shall as soon as feasible after the enactment of this act, pre- 
pare a statement showing the number of individuals of the various nation- 
alities resident in continental United States as determined by the United 
States census of 1890, which statement shall be the population basis for the 
purposes of subdivision (a) of section 11. 
That relates solely to the 1890 census base. 
In the case of a country recognized by the United States, but for which a 
separate enumeration was not made in the census of 1890, the number of indi- 
viduals born in such country and resident in continental United States in 1890, 
as estimated by such officials jointly, shall be considered for the purposes of 
subdivision (a) of section 11 as having been determined by the United States 
tensus of 1880. In the case of a colony or dependency existing before 1890, but 
for which a separate enumeration was not made in the census of 1890 and which 
was not included in the enumeration for the country to which such colony or 
dependency belonged. * * = 
Gentlemen, T might prolong the reading, but if you will consent 
to my suggestion that just these two sections be embodied in my testi- 
mony of the hearing, it will serve to illustrate the fact that the 1890 
system is based on estimates. 
The Cratrman. Let it be so considered that at this point the two 
sections will be printed in the hearings as a part of your testimony, 
Section 12, subsections (b) and (c) of the immigration act of 
1924 referred to are as follows:) 
(b) The Secretary of State, the Secretary of Commerce, and the Secretary of 
Labor, jointly, shall, as soon as feasible after the enactment of this act, prepare 
A statement showing the number of individuals of the various nationalities resi- 
dent in continental United Siates as determined by the United States census of 
1890, which statement shall be the population basis for the purposes of subdi- 
vision (a) of section 11. In the case of a country recognized by the United 
States, but for which a separate enumeration was not made in the census of 
L890. the number of individuals horn in such country and resident in continental
	        
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