carrying on the vocation of minister of any religious denominations, or professor of a college, academy, seminary, or university;

(g) An immigrant who is a bona fide student over 18 years of age, and who seeks to enter the United States solely for the purpose of study at an accredited college, academy, seminary, or university, particularly designated by him and approved by the Secretary.

I wish to add and to emphasize that those who are appearing before you, coming from California, are immediately concerned and very deeply concerned with these provisions in the proposed immigration bill. By your leave, Mr. Chairman, before we conclude, I would ask to file a brief statement of my own views. I now say that I fully, unreservedly, and unqualifiedly approve what shall be said by those who have journeyed all the way from California to be here to-day to present the mature, the deliberated, and the deliberate views of the vast majority of the people of my State, and I think, indeed I know, that they express the mature and deliberate views of the vast majority of people of what I may call the great Western States, the Pacific Coast States included, who have come into immediate contact with the problem before us, namely, that of contact with oriental immigration into our country.

I shall hereafter, I say, by your leave, express myself more fully. Immediately, however, I wish to ask you to hear Mr. V. S. McClatchy, of California, a gentleman who has devoted many years of earnest and intelligent study to this problem. I question whether there is another man in the United States more familiar with it. He comes here, as do these other gentlemen whom I shall name in a moment, representing not alone California, not alone what some might call a local question or local sentiment. They come representing not only that portion of our country to which I have alluded, but representing the declared attitude and the deliberate and fixed views of great national organizations.

The American Federation of Labor, which we all know is made up of membership from all the States, at its last convention held in Portland, Oreg., passed an appropriate resolution along the lines which I have indicated and in support of legislation contemplated by the provisions of the bill to which I am directing your attention. The American Legion, made up of members from all the States of our Union, from each and every State of the Union and our Territories, at its national convention held in San Francisco adopted, I think unanimously, a like resolution.

The National Grange, as represented yonder in national convention, took the same position. And I scarcely need to add that the Native Sons of the Golden West, an organization of California, as also all our organized bodies in my State, have again and yet again, formally and knowingly, not in anger, not in hostility, but out of a great love for their State and our country, passed like resolutions. Mr. McClatchy is here. Along with him is our attorney general, Mr. U. S. Webb, who has occuppied the position of attorney general in our State for so long a time that the memory of man runneth not to the contrary.

Along with this gentleman comes one whom you all know and highly respect, my predecessor, former Senator James D. Phelan, of California. There is no one more familiar with this problem, no

one who has given more thought to it, and no one more able to present the views of my State and, may I say, your and my country. For they and I and all of us believe that in seeking to check the oriental immigration, seeking to check the immigration of those peoples, which make up practically one-half of the human race, who are ineligible to citizenship, who under our laws never can become citizens, that in opposing such immigration we are advancing and seeking to enforce a policy for the benefit of the Nation as a Nation. Mr. McClatchy will, by your consent, speak on the facts of the problem. The attorney general will present certain observations touching the law as it bears upon the problem. Senator Phelan will, in turn, express himself touching the policy of the legislation which we favor.

I have the honor to introduce Mr. McClatchy, gentlemen.

STATEMENT OF MR. V. S. McCLATCHY, SACRAMENTO, CALIF.

Mr. MCCLATCHY. Mr. Chairman, I trust you will not feel alarmed by the appearance of these references. I am going to confine myself to a brief outline with reference to data, etc., so as to conserve your time so far as possible. We appreciate very much the favor you have accorded us in giving us this hearing, we having come 3,000 miles for the purpose, and out of regard for the other duties which we know you have, we will be as brief as we may.

First, let me say that aside from the general interests which the gentlemen who came from California to-day represent, we have been asked specifically to present the views and the urge of four great California organizations; the American Legion, the American Federation of Labor, the Grange, and the Native Sons of the Golden West. I have here and will leave with you as exhibits their credentials, according us the right to speak for them with reference to the exclusion of aliens ineligible to citizenship; also the answers made by them to the foreign minister of Japan, and to Secretary Hughes of our State Department in the same matter. (Exhibits 1, 2, 3, 4, 5.),

That policy has been indorsed by the national conventions of three of those great organizations, and I will leave with you as exhibits the resolutions passed at the last annual conventions of the American Legion, the American Federation of Labor, and the National Grange that has already been presented to you-urging upon Congress the immediate passage of a law which would exclude all aliens ineligible to citizenship. (Exhibits 6 and 7-the Grange resolution presented by Mr. Atkeson-also resolution California State Legislature. Exhibit 8-see statement of Senator S. M. Shortridge.) Evidently then, this is not a political issue. You could not find in the United States or in the State of California any organizations which represent so many diverse points of view, which have so many different purposes, and so many different ideals. But on one thing they are American, thoroughly American; and they believe, beyond all, that if immigration is to be restricted in the interests of this country we should commence by excluding that element of immigration which, under our Federal laws, may never become American citizens, and is therefore hopelessly unassimilable.

We are going to confine ourselves in this hearing entirely and absolutely to this one phase of the question; that is to say, the question of the exclusion of ineligible aliens, and are not concerning ourselves or addressing you or stating anything with reference to any other feature of the bill or the subject before you.

In presenting this matter it is my duty to present the facts and the conditions to you, and I desire to follow in any way the wishes. of the committee. I have prepared, for the purpose of conserving your time as much as possible in presenting the matter in some understandable way, a condensed statement. Possibly I am going to be too brief in some of my statements as to facts, most of which are entirely new to you, many of which will be new to others in Congress here, and if in those statements I am too brief I trust you will interrupt and question me, so that I may make the thing clear as I proceed.

The CHAIRMAN. I suggest that you summarize your facts as you

think best, and then if you wish to supplement or enlarge them in a written statement you may do that, Mr. McClatchy.

Mr. MCCLATCHY. Thank you, Mr. Chairman. You have already been kind enough to suggest that a brief could be filed, and I will do that. Our departure was so hurried that that brief was not prepared, but I will stay here and prepare it.

In 1790, over 130 years ago, the United States by Federal act made ineligible to citizenship all the yellow and brown races, in effect half the population of the globe, including the Hindus, the Malays the Japanese, the Chinese, and even the Philippinos. That has been the law since that time, that particular feature not having been modified or changed. That law undoubtedly was enacted because of all races which come to this country or which may come to this country, the yellow and brown races of Asia are the least assimilable. They are those races which are most difficult to amalgamate into American citizenship. And I use the term "assimilation" throughout my talk in the sense of amalgamation. There is no real assimilation unless it is amalgamation.

The yellow and brown races do not intermarry with the white race, and their heredity, standards of living, ideas, psychology, all combine to make them unassimilable with the white race. If we are to restrict immigration, therefore, it is plainly proper that we should deny first entrance to that element which is hopelessly unassimilable because under our own laws it may never enjoy the privilege of American citizenship. So we have the logical reason for the provision which has been inserted in the House bill and now under consideration before your committee, to the effect that aliens ineligible for citizenship shall not be admitted into this country.

Senator COPELAND. Has there never been any change in that law? Mr. MCCLATCHY. I understand that so far as concerns the exclusion of yellow and brown races, Senator, it has never been changed. I think that is absolutely correct. It may have been modified in minor particulars.

The CHAIRMAN. We admit the black race to citizenship.

Mr. MCCLATCHY. Yes; we admitted the black race on account of conditions which I shall not consider at this time.

Against this plan most determined opposition has been brought, and whether that opposition comes through the Department of State

or comes through church organizations or commercial interests or so-called immigration associations we find behind it all the hand of Japan. So in this measure, which is not discriminatory, we are forced to consider particularly the case of Japan, because Japan has insisted on making her protest against it on racial and national grounds. So that I want at the outset to avoid the charge or implication that we are taking in this matter any discriminatory action against Japan, and it is Japan's own action which has forced upon us making the prominent feature of this presentation the case of Japan.

We start with the assumption that immigration is a domestic question which it is our right to regulate by our own laws, in accordance with our own interests, regardless of the interests or protests or demands or threats of other peoples and other nations. And least of all should we be diverted from legislation which is manifestly in the interests of this country by the demand or protest of any or all races which under our own laws are made unassimilable because they are ineligible to our citizenship.

Of all the races ineligible to citizenship under our law, the Japanese are the least assimilable and the most dangerous to this country. Understand me, I make that statement in no offensive sense. I have a very high regard for the character and ability of the' Japanese nation and the Japanese people, and I realize that it is in effect their strong racial characteristics which make them so dangerous a factor if admitted to this country as permanent residents. Let me say, therefore, that there is no prejudice on my part, no prejudice on the part of the people of California. We realize that the Japanese can be good and friendly neighbors, and we want to remain with them as good and friendly neighbors. But neighbors may be friendly and continue indefinitely as friends if they do not attempt to live in the same house.

Let me say, too, for the particular benefit of those who live in the Eastern States that the average easterner, coming into contact with the highly cultured Japanese, usually or often graduates of our American colleges, has no conception of the character of Japanese immigration which is coming into Hawaii and filling the fruitful valleys of California and Washington. Frequently, therefore, and naturally, he has the feeling that California has an unjust and unfair prejudice in this matter.

Now, why do I say that the Japanese are less assimilable and more dangerous as residents in this country than any other of the peoples ineligible to citizenship under our laws?

First, with great pride of race, they have no idea of assimilating in the sense of amalgamation. They do not come to this country with any desire or any intent to lose their racial or national identity. They come here specifically and professedly for the purpose of colonizing and establishing here permanently the proud Yamato race. They never cease to be Japanese. They have as little desire to intermarry as have the whites, and there can be no proper amalgamation, you will agree, without intermarriage. In Hawaii, where there is every incentive for intermarriage, the Japanese have preserved practical racial purity, and I commend to your attention in proof of that the National Department of Education Bulletin No. 16, 1920, and other references which will appear in my remarks.

q

In pursuit of their intent to colonize this country with that race they seek to secure land and to found large families, and they are constantly being urged by their leaders and by their vernacular newspapers to beget children and to get land, in order that they may permanently maintain in this country that great race.

They have greater energy, greater determination, and greater ambition than the other yellow and brown races ineligible to citizenship, and with the same low standards of living, hours of labor, use of women and child labor, they naturally make more dangerous competitors in an economic way.

They do not distribute themselves as individuals throughout a great country or a great district. Some eastern gentlemen have said to me, "Why. the position of California is absurd. On your own statement you have only got 100,000 Japanese in a population of 4,000.000, and you have only got 150,000 Japanese in a national population of 110,000,000."

That is not a weak solution though; it is a concentrated solution in small districts. For instance, of the 100,000 Japanese in California 75 per cent are confined to 7 of our 58 counties, and in those 7 counties they concentrate in a few districts. And so they do elsewhere. They select the better and richer districts, and they concentrate there, secure possession and control of communities and industries, and make their presence felt, so that in those communities they succeed in time in becoming the paramount influence.

They are a unified nation, with national pride and intent on maintaining a position as a world power. That is quite a different position from that occupied by any other of the races ineligible for citizenship. They are insistent on securing recognition and social rights, quite proud and sensitive, and therefore all the more occasion and probability of friction and trouble when in large communities they are settled in this country.

They never cease to be citizens of Japan. They are not permitted to expatriate after 17 years of age. The children born in this country and carefully registered to secure all the rights of American citizenship are only a little less unassimilable than their immigrant parents.

In support of these contentions I am quoting various references, but I shall not take up your time by reading them. However, if on any point that I make you have grave doubt I wish you would ask me to explain further, or give me an opportunity to make an explanation in personal conference.

Japan claims and insists on every individual Japanese (whether he be born in Japan and an immigrant here or born in the United States and accorded all the rights of American citizenship) discharging all the duties and obligations of Japanese citizenship, and vicariously punishes his relatives in Japan if he fails to do it. I will just read one extract in support of that last statement. The Honolulu Advertiser of January 16, 1923, contained a very striking item in regard to the case of Henry K. Fukuda, member of the Society of American Citizens of Japanese Ancestry, born in Hawaii, a citizen of the United States, claiming and exercising all the rights and duties of American citizenship.

It seems that Fukuda, as all other Japanese born in this country and claiming American citizenship, was cited to show himself in