NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW 49 
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 Uniied States census of 1890. 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, or in the case of territory administered 
under a protectorate, the number of individuals born in such colony, dependency, 
or territory, 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 census of 1890 to 
have been born in the country to which such colony or dependency belonged or 
which administers such protectorate. 
(¢) In case of changes in political boundaries in foreign countries occurring 
subsequent to 1890 and resulting in the creation of new countries, the Govern- 
ments of which are recognized by the United States, or in the establishment of 
self-governing dominions, or in the transfer of territory from one country to 
another, such transfer being recognized by the United States, or in the surrender 
by one country of territory, the transfer of which to another couniry has not 
been recognized by the United States, or in the administration of territories 
under mandates, (1) such officials, jointly, shall estimate the number of indi- 
viduals resident in continental United States in 1890 who were born within the 
area included in such new countries or self-governing dominions or in such ter- 
vitory so transferred or surrendered or administered under a mandate, and 
revise (for the purposes of subdivision (a) of section 11) the population basis 
as to each country involved in such change of political boundary, and (2) if 
such changes in political boundaries occur after the determination provided for 
in subdivision (ec) of section 11 has been proclaimed, such officials, jointly, shall 
revise such determination, but only so far as necessary to allot the quotas among 
the countries involved in such change of political boundary. For the purpose of 
such revision and for the purpose of determining the nationality of an immi- 
grant, (A) aliens born in the area included in any such new country or self- 
governing dominion shall be considered as having been born in such country or 
dominion, and aliens born in any territory so transferred shall be considered as 
having been born in the country to which such territory was transferred, and 
(B) territory so surrendered or administered under a mandate shall be treated 
as a separate country. Such treatment of territory administered under a mun- 
date shall not constitute consent by the United States to the proposed mandate 
where the United States has not consented in a treaty to the administration of 
the territory by a mandatory power. 
Mr. Trevor. These subsections, as I have just said, demonstrate the 
fact that the 1890 census system is an estimate and not based upon 
definite or precise statistics, as has been suggested by the proponents 
of Senator Nye’s resolution, both in Senate—I do not wish to infringe 
upon the prerogatives of the body in any way, but I feel the Senators 
will correct me if I am wrong—-— 
Senator Rerp, I think that statement has been made many times, as 
charged, that the national origins basis is unconstitutional. 
Mr. Trevor. If my recollection, Senator, is correct, Senator Ship- 
stead in his testimony before this committee one or two years ago, 
raised the question as to constitutionality. I am dealing with it 
merely because it is one of the arguments that has been disseminated 
respecting this law, and I do not like to take too much of your, time, 
but in order to present the matter adequately—— 
The CuarrmaN. Unless some other member of the committee de- 
sires to hear you upon that subject, personally I do not, because I 
think Congress has a right to do as it sees fit on that point. 
Mr. Trevor. That is my opinion. Possibly reading an opinion 
taken from Cooley on Constitutional Limitations, which seems to 
me to support that proposition—I merely do that for my own—— 
The Cuamrman. Pardon me. We may curtail this part of the dis- 
cussion. Senator Nye, do you attack the constitutionality ?