The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-29
The Decision in tho Emigrnnt Cases
Duty Of the State Of New York.

The Decision in tho Emigrnnt Cases
Duty OF the state OF New York.
We print the text of the opinion of the
Supreme Court in support of its recent
decision that the statutes of New York and
Louisiana requiring the payment of head
money from emigrants are repugnant to the
constitution and void Of course no more
head money will be paid and the Commits
sioners of Emigration are without resources
for maintaining their organization. The
decision leaves all their other powers
untouched except that of raising money to
pay their expenses but the value of mill
is as effectually destroyed by drying up the
stream which turns it as by breaking its
machinery. What the Legislature ought to
do in this emergency is q serious question.
Shall the Commission of Emigration be
until Congress shall have acted on the sub
ject and have replaced the State regulations
by something equivalent The protection of
our taxpayers against an inundation of for
eign paupers and the protection of emigrants
against extortion and swindling alike re-
quire that the commission be maintained in
some way until Congress creates a substitute.
The Court declares that the head money is a
tax on the emigrants paid in higher rates of
fare. If such a tax is unconstitutional it is
not inequitable; it saves every emigrant
more money than it costs him. Before the
commission was established they were sys-
tematically victimized by hosts of cormo-
10 &c
keepers of emigrant boarding houses swim
ding ticket agents, pimps of grogshops and
worse resorts and the efficient protection
given them by the commission against that
multitude of remorseless land sharks has
proved an average benefit to the emigrants
equal to at least five times the amount of
head money collected. The best thing Con-
gress can do is to readopt the New York
system and make it uniform in all the
ports of the United States. When this
is done the shipowners who have brought
these suits and caused the State law
to be annulled will find that they have paid
heavy counsel fees to no purpose. We dare
say they are equally ready to spend money
upon lobbyists at Washington to defeat legis-
lation by Congress, and herein lies the chief
danger AS New York is the State chiefly
interested it is be hoped that our Legislature
will take hold of the subject with prompti-
tude and vigor. The Supreme Court comedies
that until Congress acts a State may adopt
regulations for protecting itself against emf
grant paupers, and we trust that our Legisla-
ture may go to the extreme limit of its power
and make the shipowners see that the cheap
est thing they can now do is to let proper
bill pass through Congress unopposed.
Our State law requires the owners or con-
signees of ships bringing emigrants to give
bonds for reimbursing to the cities and
counties of the State the expenses that may
fall on them for supporting the emigrants if
they become public charge. The head
money is mere communication for such bonds,
clared unconstitutional except as a means of
forcing the payment of the head money.
The obvious thing for the Legislature to do
is to repeal the head money communication
and require the bonds, enforcing the penalty
on owners or consignees in every case of
failure to give them. If this be done the
shipowners will find that they have jumped
out of the frying pan into the fire, and be
willing to seek relief in the reimpostion of
head money by the authority of Congress.
Another thing which the Legislature
should at once do is to memorabilia Con-
gress, setting forth the history and advan-
tages of our Commission of Emigration,
and praying for the adoption of a similar
system by federal legislation. A strong
memorial, drawn up with ability and unani-
mously passed by both branches of the
Legislature, would bring the subject
promptly before Congress in such way that
it could not be ignored. Meanwhile, until
federal legislation is secured, the Emigration
Commission must be supported by an ap-
preparation from the State treasury.