Mr. Loomis to Mr.
Clayton.
Department of State,
Washington, August 25,
1903.
No. 936.]
Sir: Referring to Mr. McCreery’s No. 1890, of
the 3d instant, in relation to the collection of an alien tax at El
Paso, Tex., from the Japanese chargé d’affaires ad interim at Mexico
City, while en route through the United States to Japan, I inclose
herewith for your information a copy of a letter from the Acting
Secretary of the Department of Commerce and Labor, stating that the act
of Congress approved March 3, 1903, provides for the collection of $2
head tax upon every alien, except citizens of Canada, Cuba, or Mexico,
applying for admission to the United States, and a regulation requires
the deposit of a like amount in the case of each alien transit
passenger, and that, under existing law, no exceptions in regard to
collection of head tax are specifically mentioned and no authority is
given to the Department of Commerce and Labor whereby they may be
amplified so as to include diplomatic officers of foreign
governments.
The Department of Commerce and Labor will, however, endeavor to ascertain
whether refund can be secured in the case in question, and upon receipt
of its report the Department will further advise you.
I am, etc.,
Francis B. Loomis,
Acting Secretary of State.
[Inclosure.]
Mr. Garfield to
Mr. Hay.
Department of Commerce and Labor,
Washington, August 21, 1903.
Sir: I have the honor to acknowledge the
receipt of your letter of the 19th instant, transmitting copy of a
dispatch from the United States chargé d’affaires ad interim at
Mexico City in regard to the collection of per capita tax at El
Paso, Tex., from the Japanese chargé d’affaires at Mexico, who
passed through the United States on his journey to Japan.
The act of Congress approved March 3, 1903, provides for the
collection of $2 head tax upon every alien, except citizens of
Canada, Cuba, or Mexico, applying for admission to the United
States, and a regulation requires the deposit of a like amount in
the case of each alien transit passenger. Collection is not made
direct from the alien, but from the transportion company bringing
him into this country. In the case under consideration it will be
noted that the Mexican Central Railway Company exacted payment, and
the Department is not invested with the necessary power to prevent a
transportation line from seeking to recoup itself from the alien
passenger.
In this instance the railway company could have secured refund of the
amount upon presentation of satisfactory proof that the passenger
had passed through and out of the United States.
Under existing law the exceptions in regard to collection of head tax
are specifically mentioned, and no authority is given to the
Department whereby they may be amplified so as to include diplomatic
or other officers of foreign governments. In the case of such
officials brought to ocean ports the head tax is invariably paid by
the steamship company owning the vessel upon which they arrive.
The Department will endeavor to ascertain whether refund can be
secured in the instance to which your letter alludes, and will
communicate with you further upon receipt of report.
Respectfully.
James Rudolph
Garfield,
Acting
Secretary.
