residence as of the date of his last entry into this country, upon payment by him of the required head tax and visa fee. It would also direct the Secretary of State to instruct the quota-control officer to deduct one number from the nonpreference category of the appropriate immigration quota.

The records of the Immigration and Naturalization Service of this Department disclose that the alien was born on April 30, 1900, in Nemcka, Lupca, Czechoslovakia, and is a citizen of that country. He arrived at the port of New York on May 16, 1948, and was excluded by a board of special inquiry on May 18, 1948. on the ground that he was an immigrant not in possession of an immigration visa. His appeal from the excluding decision was sustained and he was admitted as a temporary visitor for 2 months under section 3 (2) of the Immigration Act of 1924. on the filing of a $500 maintenance of status and departure bond.

The alien states that from 1920 until 1938 he was a member of the Agrarian Party and that from 1938 until 1945 he was not active except as a member of the underground sending information to his brother-in-law in London, who was then Minister of the Interior of the Czechoslovakian Government in exile. Since 1945 he has been active in the Democratic Party of Czechoslovakia and in 1946 became secretary-general of the parliamentary government of that party. He states that the Agrarian and Democratic Parties constitute the strongest opposition to communism in Czechoslovakia and that for that reason his life would be endangered if he is compelled to return to that country.

He states that he excaped from Czechoslovakia in April 1948 at which time a warrant had been issued for his arrest and that the Government had broadcast that he was an agent of a foreign power escaping from the country. He fled to the American zone in Vienna, Austria, where he remained for 3 months and thereafter proceeded to London from whence he embarked for the United States.

The alien resides in Bethesda, Md., where he is supported by his brother-in-law Dr. Juari Slavik, who was a former Czechoslovakian Minister to the United States. He is divorced and has one child, now 10 years of age, who resides in the United States with her mother and her stepfather, who is a delegate to the United Nations.

It appears that the alien is a displaced person who has fled Czechoslovakia as a result of persecution or well-founded fear of persecution because of race, religion, or political opinions. He cannot, however, be recognized as a displaced person residing within the United States under section 4 (a) of the Displaced Persons Act of 1948, because his arrival in this country was subsequent to April 1, 1948, and in the absence of general or special legislation he will be unable to adjust hisimmigration status, since the quota for Czechoslovakia, to which he is chargeable is oversubscribed and a quota immigration visa is not readily obtainable. Whether this bill should be enacted presents a question of legislative policy concerning which this Department prefers not to make any recommendation. Yours sincerely,

PEYTON FORD,

The Assistant to the Attorney General. Senator Langer, the author of the bill, submitted to Representative Celler, chairman of the Committee on the Judiciary, additional information quoted below in part:

Until the Prague Communist coup, Dr. Ruhmann was the parliamentary secretary of the Democratic Party. After the coup, he fled to this country where since May of 1948, he has been conducting research in the Library of Congress. During that time, he has given several memoranda on the Voice of America and the ECA He also has been active in various Christian organizations. This was all done on a voluntary basis.

For these reasons, my bill met the personal support of many Senators, among them Senators McCarran, McGrath, Wiley. Flanders, and others. Attorney General Tom Clark also lent his support.

Having considered all the facts in this case, the committee is of the opinion that the bill, S. 1565, should be enacted and it accordingly recommends that the bill do pass.

ITZCHAK SHAFER

AUGUST 19, 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

(To accompany H. R. 5354)

The Committee on the Judiciary, to whom was referred the bill (H. R. 5354) to provide for the legal determination of the country of birth of Itzchak Shafer, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to provide for the legal determination of the country of birth of a 6-year-old orphan adopted by American citizens, residents of Detroit, Mich.

GENERAL INFORMATION

The pertinent facts in this case are set forth in a letter addressed to the chairman of the Committee on the Judiciary, which letter under the date of August 3, 1949, reads as follows:

Hon. EMANUEL Celler,

House of Representatives.

DEPARTMENT OF STATE,
Washington, August 3,1949.

MY DEAR MR. CELLER: Reference is made to your letter of July 20, 1949, and its enclosure, wherein you requested the views of this Department concerning the enactment of H. R. 5354, a bill for the relief of Itzchak Shafer.

According to information received from the American consul at Windsor, Ontario, Canada, Mr. and Mrs. Morris L. Shafer, American citizen residents of Detroit, Mich., visited an orphanage in France where they became interested in a boy who appeared to be approximately 7 years of age. The boy, who was under the sponsorship of the Canadian Jewish Congress, was brought to Canada. Mr. and Mrs. Shafer informed the American consul at Windsor that from information obtained at the orphanage in France "it would appear that the boy was brought in a convoy to Germany when approximately 2 years of age, and from

Germany to Poland. Where the convoy originated is unknown, but it appears to have come from the west, taking in France, Belgium, and some part of Germany. In Poland the boy was saved from an extermination camp and placed under the care of a Catholic Church. Upon the cessation of hostilities the French authorities in that locality determined that the boy was Jewish and he was then sent to the orphanage in Paris. In order to obtain a visa to Canada the boy was given the name of Itzchak Shafer, and because he was found in Poland, the French authorities listed him as having been Polish born He traveled under a French passport."

Although some of the evidence presented to the American consular officer at Windsor appears to indicate that the boy may have been born in Poland, there is other evidence in the case which would appear to support the presumption that he may have been born in France.

As a consequence, although no objection would be perceived to the issuance of an immigration visa chargeable to the French quota in the case of Itzchak Shafer, the Department prefers that the question of the enactment of the proposed legislation be considered a matter for legislative determination.

Sincerely yours,

H. J. L'HEUREUX,

Chief, Visa Division (For the Secretary of State).

Mr. Dingell, the author of the bill, submitted to the Committee on the Judiciary, additional information contained in the below-quoted letter:

Hon. JOHN D. DINGELL,

Member of Congress, Washington, D. C.

THE JEWISH NEWS, Detroit 26, Mich., June 22, 1949.

DEAR JOHN: As a follow-up to our conversation of a few moments ago, I am rushing to you the text of Senator Vandenberg's bill for the relief of Itzchak Shafer, a copy of which is enclosed. This is done at the request of Mr. and Mrs. Morris Shafer of the Lee Plaza Apartment. You know the Shafers very well. They visited with you in Washington and you were on the platforms in Detroit with them. The Shafers brought Itzchak with them from an orphange in France, to Canada, and now are anxious to have him come to Detroit as speedily as possible, for adoption. Itzchak is 6 years old.

This matter is as vital to me personally as it is to the Shafers. They are among Detroit's outstanding Zionist leaders, they are my dearest friends and your strongest supporters. The situation involving the struggle to bring the orphan to Detroit has so aggravated Mr. Shafer that he has been seriously ill for several weeks and while he is recovering I am anxious that everything possible should be done in this case to provide a home for the youngster and to assist the Shafers in their great humanitarian effect.

I am happy that you are prepared to cosponsor the bill with Senator Vanderberg. Naturally, it is entirely up to you to decide whether you wish to discuss it with Mr. Vandenberg. He told me of his intentions to introduce this bil fust before he framed it.

Will you do me the favor o. keeping me informed on results? Will you please try to have a chat with Congressman Celler and get his help in this matter? Mr. Celler knows Mrs. Shafer-one of the country's outstanding sopranos-very well. Whenever you may have information for me, please feel free to call me by reversing the charge.

Thanks a lot for this and for all other favors.
With kindest regards.
Sincerely.

PHILIP SLOMOVITZ.

The committee, after. consideration of all the facts in this case, is of the opinion that the bill H. R. 5354 should be enacted and therefore accordingly recommends its enactment.

In addition, the chairman of the Committee on the Judiciary received the following letter from the adoptive mother of the child,

ITZCHAK SHAFER

3

Mrs. Emma Schaver of 2240 West Grand Boulevard. Detroit 8.
Mich.:

Hon. EMANUEL CELLER,

Member of Congress, Washington, D. C.

DETROIT 8, MICH., July 7, 1949.

DEAR MR. CELLER: As per our conversation over the telephone a few moments ago I am eager that you receive the information that you requested as quickly as possible

118

We were fortunate in Before going to Israel last September we spent several weeks in Paris visiting children homes in search of a child or two children to take home with us-in fact that was the real purpose of our trip to Europe. finding a boy of approximately 6 years old that was appealing and attractive to After much talk with the authorities in Paris who in turn had to have the permission from Israel since these children were slated for early transportation It was now a matter of immigration to Israel we finally received a decree of approval from Josef Sprinzak, President of the "Knesset" during our visit in Israel. Since there was no record of where the child was born to the United States. the United States consul in Paris would not issue a visa and in order to obtain a visa to Canada through the Canadian Jewish Congress who could bring orphans to Canada under their sponsorship the child was given the name Itzchak Shafer and came with me to Canada

This is the information we received at the orphanage in Paris "it would appear Where the convoy originated is unknown, that the boy was brought in a convoy to Germany when approximately 2 years of age, and from Germany to Poland. but it appears to have come from the west, taking in France, Belgium, and some In Poland the boy was saved from an extermination camp Upon the cessation of hostilpart of Germany. and placed under the care of a Catholic church. He travities the French authorities in that locality determined that the boy was Jewish and he was then sent to the orphanage in Paris and because he was found in Poland, the French authorities listed him as having been Polish born. eled under a French passport Enclosed you will find a copy of a letter mailed to Hon. John D. Dingell. I believe that it is important that you know we have reason to feel that the State Department will look favorably upon the passing of a bill establishing the birth of Itzchak Shafer to be in France.

It is difficult for me to tell you the hardships we have had so far which has resulted in much anxiety to both Mr. Schaver and myself. If you would help in bringing this matter to a happy ending and along with it peace of mind we would be ever grateful.

For the

Should you wish to contact us by phone please do so at our cost. summer our address: Schaver, 6464 Lake Shore Drive, Port Huron, Mich. Telephone 74920.

Thank you very much for listening to our story.

Yours truly,

О

I remain with best wishes,

EMMA SCHAVER.