Mental Examination of Aliens. 9
mental defect may appeal his case and present one expert medical witness.
Medical officers of the Public Health Service may be detailed for duty in foreign countries in connection with enforcement of the immigration law.
The master of a steamship arriving with aliens on board, or the first or second below him in command, must make oath or affirmation that he has caused the ship's surgeon to make a physical and mental examination of each alien, and the surgeon is required to make oath or affirmation that he has done so and that the list or manifest is full, correct, and true in all particulars relative to the mental and physical condition of the aliens.[superior 1]
If the examining surgeons certify that any alien is afflicted with idiocy, imbecility, feeble-mindedness, insanity, epilepsy, constitutional psychopathic inferiority, or chronic alcoholism and give an opinion that the condition might have been detected by a competent examination at the foreign port of embarkation, the Secretary of Labor may impose a fine of $200 on the company bringing the alien, and in addition compel it to pay to the alien a sum equal to that paid by him for his transportation from the initial point of departure to the port of arrival. If a company bring in an alien afflicted with any mental defect other than those above specifically named, a fine of $25 may be imposed, and the sum paid by the alien for his transportation must be refunded to him. These fines do not apply to railroads entering the United States from foreign contiguous territory.
If a vessel carrying passengers between a port of the United States and a foreign country has on board employed thereon any alien afflicted with idiocy, imbecility, insanity, or epilepsy and a medical officer of the Public Health Service certifies that the alien was so afflicted at the time he was engaged or taken on board and that the existence of such affliction might have been detected by a competent medical examination at such time, a fine of $50 may be imposed.
[footnote][superior 1] If the vessel carries no surgeon, the examination must be made by some competent surgeon at the port of embarkation, and he must so record on the manifest.