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FEDERAL REGISTER, Saturday, October 5, 1940

3913

official in charge may determine. Notice TITLE 25INDIANS
4 Limit or restrict date importations of the time and place of the examination into the United States, or fix or determine CHAPTER IOFFICE OF INDIAN
shall be served personally upon the al the quantity or quantities of dates that AFFAIRS
leged insane Indian, the spouse, parent, may be imported into the United States annually from Iraq or any foreign S ubchapter K H ospital and M edical or some other of the next of kin of full age if there be any such known to be C are of I ndians country.
residing on the reservation, at least 48
It is further ordered, That the com PART 8 6 ----COMMITMENT TO ST. ELIZABETHS hours before the examination of such HOSPITAL
plaint herein be, and the same hereby is, alleged insane Indian.
dismissed as to respondents Joseph Es Part 86 is amended as follows:
c The physicians shall make such saye, Hund Steinhardter and Lester 86.1 Sanity hearings. No Indian re personal examination of the Indian al Nordlinger, copartners, trading as Stein siding on any Indian reservation under leged to be insane as to enable them to hardter & Nordlinger, The United Africa the jurisdiction of the United States shall form an opinion as to his sanity or in Company, Ltd., African & Eastern Near be placed in any hospital or other insti sanity and no certificate of insanity shall East, Ltd., W. A. West, Balfour, Guthrie tution for the care and treatment of the be issued except after such personal ex insane except in pursuance of a sanity amination. The Indian alleged to be in & Co., Ltd., and Alexander Weir;
It is further ordered, That the respond hearing and an order for commitment sane shall have the right to present wit ents The Hills Brothers Company, E. issued as provided in this Part.
nesses in his own behalf and to submit 86.2 Petition for commitment in other evidence bearing upon his sanity.
Suren, and Persian Gulf Products, Inc., local institutions.
Upon petition of the shall, within sixty days after service upon If upon conclusion of the examination them of this order, file with the Commis spouse, a parent, brother, sister or child and consideration of all evidence sub sion a report in writing setting forth in of full age or other next of kin of any mitted the physicians are of the opin detail the manner and form in which Indian alleged to be insane for commit ion the Indian is insane, they shall issue ment of said Indian to any State hospital a certificate of insanity. The certificate they have complied with this order.
or State institution for the care and must show: a that it is the opinion of By the Commission.
treatment of the insane, the Superin the physicians the Indian named therein seal O tis B. J ohnson , tendent or other official in charge of the is actually insane, b the facts and cir Secretary.
reservation, whenever he finds after due cumstances upon which the opinion is F. R. Doc. 40-4171; Filed, October 4, 1940; investigation th at such course is justi based, and c whether the condition of 11:41 a. m.
fied, may arrange for such commitment the Indian examined is such as to require in conformity with the laws of the State care and treatment in a hospital for the pertaining to such cases.
care, custody and treatment of the 86.3 Commitment in St. Elizabeths insane.
Hospital, Washington, District of Colum d Each certificate of insanity issued TITLE 22FOREIGN RELATIONS
bia. Insane Indians residing on Indian in conformity with this section, together reservations under the jurisdiction of CHAPTER IDEPARTMENT OF
with a transcript of all evidence taken the United States may be committed to in the case, shall be transmitted promptly STATE
St. Elizabeths Hospital for the insane P art 61Visas ; D ocuments R equired of in Washington, District of Columbia, by by the Superintendent or other official in Aliens E ntering the U nited S tates, order of the Secretary of the Interior charge through the Commissioner of In
dian Affairs to the Secretary of the In
I ts T erritories, or P ossessions based on certificates of insanity issued terior. If in the opinion of the Secre 61.101 Waiver of passport and visa as hereinafter provided:
tary of the Interior the Indian named in requirements for certain aliens.
a A certificate of insanity must be the certificate is a fit subject for treat made under oath by two reputable phy ment in St. Elizabeths Hospital, the Sec

sicians appointed to conduct an exam retary may issue an order for his com d Aliens desiring to enter Virgin Is of the alleged insane Indian by mitment to th at institution until such lands for less than 30 days; resident ination the Superintendent of the reservation on Indian recovers his reason and is dis aliens of Virgin Islands. Under the which such Indian resides. The physi charged as cured.
emergency provisions of section 30 of the cians must be full time Indian Service e In any case in which an Indian Alien Registration Act, 1940, and of Ex ecutive Order No. 8430, of June 5, 1940, physicians or graduates of recognized is alleged to be insane or of unsound mind British subjects domiciled in the British medical schools or colleges, have the and such Indian has displayed homicidal Virgin Islands and French citizens domi qualifications prescribed by law for the tendencies or has otherwise demonstrated ciled in the French island of St. Barthol practice of medicine or surgery, and shall that if permitted to remain at large or omew, who seek admission into the Vir not be related by blood or marriage to to go unrestrained the rights of persons gin Islands for business or pleasure for a such Indian nor to any person applying and of property will be jeopardized or the preservation of the public peace im period of less than 30 days on any one for a certificate of insanity.
b The spouse, a parent, brother, sis periled and the commission of crime ren visit, may present a nonresident aliens border-crossing identification card issued ter or child of full age or other next of dered probable, it shall be the duty of the by the immigration authorities of the kin of any Indian alleged to be insane Superintendent or other official in charge Virgin Islands. Border-crossing identifi may file with the Superintendent a peti to take such Indian into custody and de cation cards may also be issued to aliens tion for a commitment, such petition to tain him in some suitable place pending residing in the Virgin Islands who may contain a statement of the facts on which examination and hearing as provided in have occasion to proceed temporarily to the allegation of insanity is based. Upon this Section.
the British Virgin Islands or to the the receipt of such a petition, or in any 86.4 Prior circular abrogated. Cir French island of St. Bartholomew. Sec. other case in which the Superintendent cular No. 3266, titled Commitment to St.
or other official in charge has reason to 30, Public, No. 670, 76th Cong., 3d sess., Elizabeths Hospital, September 17, 1938, approved June 28, 1940; E.O. 8430, June believe from personal investigation or F ederal R egister, September 29, 1938, otherwise that an Indian is insane, the 5, 1940
Superintendent or other official in charge 2338, is hereby abrogated.
seal C ordell H ull , O scar L. C hapman, shall immediately appoint two physicians Secretary of State.
Assistant Secretary of the Interior.
having qualifications prescribed in O ctober 3, 1940.
August 28, 1940.
86.3a, to conduct an examination of the F. R. Doc. 40-4160; Filed, October 4, 1940; Indian alleged to be insane a t such time F. R. Doc. 40-4158; Filed, October 4, 1940;
and place as the Superintendent or other 9:42 a. m.
10:36 a. m.