Page:American Journal of Sociology Volume 15.djvu/44

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1892, that "any Chinese person arrested under the provisions of this act shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge, or commissioner, his law- ful right to remain in the United States." Shall we continue to accord a greater degree of consideration to the alien criminal than to the peaceable and comparatively harmless Chinese?

Under the second heading it is recommended that the law of expulsion be extended to cover the cases of criminals and anar- chists convicted for crimes committed and anarchism preached or practiced within five (three) years subsequent to landing. In subsequent as well as in prior cases, of course, it would be incum- bent on the alien, desirous of avoiding expulsion, to prove his American citizenship. In either case it would not be difficult to determine the actual citizenship of the alien involved and the country to which the unnaturalized should be returned.®

There are obvious difficulties to be surmounted in the framing of a law sufficiently comprehensive to cover this field in such manner as equally to' serve the ends of justice and humanity. It would be of primary importance, for example, by reason of the varying standards in different states, to define the status of a criminal or felon within the meaning of the act. The enforce- ment of such a law should be guarded by provisions to avert unnecessary hardship in particular cases. The right to a hear- ing would be recognized as of course in the same manner as now provided in "prior cases" of aliens arrested under authority of departmental warrant. The final decision would as at present be rendered by the department at Washington after review of all evidence presented.

The issue presented in this proposal for amended legislation is of wider application and larger import than may at first appear. It involves, in fact, the entire question of law-enforcement in America. For it seems by general assent that crime in the United States is on the increase. By the same general assent of those qualified to speak the cause for this increase is a weaken-

sentence had been served.
 * It is assumed that as a rule deportation would not be effected until