CHANGES IN EXISTING LAW

In compliance with paragraph 2a of Rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

JOINT RESOLUTION To continue the authority of the Maritime Commission to sell, charter, and operate vessels, and for other purposes. Public Law 12. Eighty-first Congress, first session That (a) the joint resolution entitled "Joint resolution to continue until March 1, 1949, the authority of the Maritime Commission to sell, charter, and operate vessels, and for other purposes", approved February 27, 1948 (Public Law 423, Eightieth Congress), is amended by striking out the date "March 1, 1949" wherever it appears therein and inserting in lieu thereof the date "[June 30, 1949]" June 30, 1950. That joint resolution is further amended by inserting at the end of subparagraph (b) thereof the words ": Provided, however, That vessels may be chartered to the Republic of the Philippines, or citizens thereof, for use in the interisland commerce of the Philippines in accordance with section 306 of the Philippine Rehabilitation Act of April 30, 1946 (60 Stat. 137; U. S. C., 1946 edition, title 50, sec. 1786)".

O

MISS TOSHIE OKUTOMI

MAY 11, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. CHELF, from the Committee on the Judiciary, submitted the

following

REPORT

To accompany H. R. 2252]

The Committee on the Judiciary, to whom was referred the bill (H. R. 2252) for the relief of Miss Toshie Okutomi, having considered the same, report favorably thereon with amendments and recommend that the bill do pass.

The amendments are as follows:

Amend the title so as to read:

A bill for the relief of Miss Toshie Okutomi.

Strike out all after the enacting clause and insert in lieu thereof the following:

That in the administration of the immigration and naturalization laws, the provisions of section 13 (c) of the Immigration Act of 1924, as amended, which excludes from admission to the United States for permanent residence persons who are ineligible to citizenship, shall not apply to Miss Toshie Okutomi, a native and citizen of Japan, presently residing in Tokyo, Japan, and that if otherwise admissible under the immigration laws she shall be granted admission to the United States for permanent residence upon application thereafter filed.

PURPOSE OF THE BILL

The purpose of the bill is to waive the racial exclusion clauses of existing immigration laws in order to permit a citizen and native of Japan to enter the United States for the purpose of marriage to an American citizen, an honorably discharged veteran of the United States armed forces.

GENERAL INFORMATION

The facts are set forth in a letter from the assistant to the Attorney General, dated April 20, 1949, to the chairman of the Committee on the Judiciary, which letter reads as follows:

APRIL 20, 1949

Hon. EMANUEL CELLER,

Chairman, Committee on the Judiciary,

House of Representatives, Washington, D. C.

MY DEAR MR. CONGRESSMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 2252) for the relief of Orren J. Lucht.

The bill would provide that Toshie Okutomi, the common-law wife of Orren J. Lucht, shall be admitted for permanent residence in the United States as a nonquota immigrant notwithstanding the racial restrictions of the immigration and naturalization laws if she is otherwise eligible for immigration.

The files of the Immigration and Naturalization Service of this Department disclose that Toshie Okutomi is a native and citizen of Japan, approximately 21 years of age, and of the Japanese race. She presently resides in Tokyo, Japan, where she is employed as a bookkeeper by a Japanese concern. Mr. Orren J. Lucht of Mora, Minn., who considers her to be his common-law wife, has stated that he met her in Tokyo in 1947 when he was stationed there with the United States Occupation Forces, and that they resided together in a common-law relationship. He also stated that Miss Okutomi was only 9 years of age when her mother died and that her father died in 1948 in a Russian prison camp in Siberia.

Mr. Lucht, a native-born citizen of the United States, is about 22 years of age and enjoys a good reputation in the community in which he lives. He is employed on his father's farm and is apparently financially able to support Miss Okutomi if she is permitted to come to this county. Mr. Lucht has stated that there are no obstacles which would prevent their marriage upon her arrival in this country. Inasmuch as Miss Okutomi is of a race ineligible for naturalization in the United States, she is inadmissible for permanent residence (8 U. S. C. 213 (c)) and, because her common-law relationship with Mr. Lucht is not recognized as a valid marriage under Japanese law, she was not admissible under the provisions of the so-called Brides Act (8 U. S. C. 232 et seq., 8 U. S. C. Supp. 1, sec. 237).

Whether, under the circumstances in this case, the general provisions of the immigration laws should be waived presents a question of legislative policy concerning which this Department prefers not to make any recommendation. If the bill is to receive favorable consideration, however, it is suggested that it be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

"That, in the administration of the immigration and naturalization laws, the provisions of section 13 (c) of the Immigration Act of 1924, as amended, which excludes from admission to the United States for permanent residence persons who are ineligible to citizenship, shall not apply to Miss Toshie Okutomi, a native and citizen of Japan, presently residing in Tokyo, Japan, and that if otherwise admissible under the immigration laws she shall be granted admission to the United States for permanent residence upon application hereafter filed.”

Yours sincerely.

PETER CAMPBELL BROWN, Acting the Assistant to the Attorney General.

Mr. Marshall, the author of the bill, appeared before a subcommittee of the Committee on the Judiciary urging the enactment of the measure and submitted the following statement:

I am appearing on behalf of Orren J. Lucht whose welfare is the subject of my bill, H. R. 2252, which we are discussing. Mr. Lucht enlisted in the United States Army on October 4, 1946, and spent nearly a year in Japan, serving as a military policeman. While there he became acquainted with a Japanese girl, Toshie Okutomi. He states this girl became his common-law wife in May 1947. course of time a child was born to them. The child later on died.

In due

Mr. Lucht was honorably discharged from the Army on February 20, 1948. As soon as he reached his home, he made inquiry as to how he could get Miss Okutomi admitted to this country. He wrote the immigration office at San Francisco and at St. Paul, Minn. They advised him to write the American consul at Yokahama. The American consul told him to write the Commissioner of Immigration and Naturalization at Philadelphia. Because of the fact that there was some question of the legality of common-law marriage in Japan, they

།

were unable to give him a definite answer. Mr. Lucht engaged an attorney who wrote to former Congressman Harold Knutson and asked his help. On June 3, 1948, Mr. Knutson advised the attorney and Mr. Lucht that because of the common-law marriage question, Miss Okutomi was not eligible for admission under the GI Brides Act. Mr. Knutson later advised Mr. Lucht he would introduce a bill to permit the entry of the young lady during the Eighty-first Congress. After November 2, 1948, Mr. Lucht asked my assistance in introducing a bill so that Miss Okutomi could enter this country.

Miss Okutomi is 21 years of age, a high-school graduate. She can speak and write English. At present she is working as a bookkeeper for a firm in Tokyo, Japan. Her mother died when she was 9 years old and her father in 1948.

Mr. Lucht is presently farming with his father near Mora, in Kanabec County, Minn. As his parents are getting along in years, they will, no doubt, be willing to turn over the operation of the farm to the son in a short time. Mr. Lucht is ready to guarantee that the young lady will not become a public charge if she is admitted to this country. Mr. Lucht is 22 years old today. He has a very good reputation in his community He wishes to marry the young lady formally immediately on her arrival in this country.

In view of the fact that this young man has tried to get the young lady admitted to this country since his discharge from the Army, I am certain he is sincere. I see no reason why the young lady should be barred because of racial differences. I would appreciate favorable consideration of the bill by this committee.

MAY 2, 1949.

FRED MARSHALL.

The committee, after consideration of all the facts in the case, is of the opinion that the bill, H. R. 2252, as amended, should be enacted and it accordingly so recommends its enactment.