The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-29
THE IMMIGRATION PROBLEM
Decision Of the United Sta te9
Supreme Court.
OPINION OF JUDGE MILLER.
Action Of the Commissioners Of
Emigration.

Early yesterday morning the mails brought to New
York the text OF the decision OF the Supreme Court OF
the United States IN the OF Henderson and Hen
derson against the New York Commissioners OF Emil
grafton. The came up appeal from the Cir
cut Court for the Southern District OF New York. The
same mail brought the decision of the same court in
the case OF the Commissioners OF Emigration against
the North German Lloyd steamers
In the opinion OF the Supreme Court Of the United
States in relation to immigration laws, copy OF
which is published below. it will be found that it
has decided that the present provisions of tho
passenger laws of this State relating ndiscriminate
bonding of passengers the payment OF head money
in lieu thereof unconstitutional and void. While
the Court is of the opinion that the whole subject olm
migration belongs properly to Congress, II is not
prepared TO say in the absence of such legislation,
whether the States by appropriate enactments pro-
tect themselves against act al paupers Migrants GRIM
inas and diseased persons arriving in their territory
from foreign countries The Court is cautious to
press opinion this point No other provisions Of
the passenger laws called in question: and would
SEEM therefore, that all the powers and duties of the
Commissioners OF Emigration not embraced in this
decision remain uDmpared and IN full force
meeting OF the Board OF Commissioners OF Emigra-
tion called for two p. NJ. yesterday Mcssrs. For
rest, Hurlburt, Maujer, Starr, Setback and Lynch
were present The counsel for the Board Mr. john Z.
Devcln, read the decision.
On motion, It resolved that a memorial setting
forth the present condition of affairs at Castle Garden
and Wards Island the number of disabled and dis
eased immigrants entitled to claim protection at
the hands of the State through Board of Emgra-
ton, and asking for immediate instructions for
the OF work. and also for Appropriation
to defray the current expenses OF the hospital at Wards
/ Island and the running of Castle Garden landing
/ bureau, should be prepared. The counsel for
/ the Board was directed to prepare the
mortal and to submit it for approval II
will be ready within three four days. Pending
tion by the State and national authorities the Com
missioners have decided TO continue to extend the
benefits of Castle Garden and Wards Island to all needy
immigi ants without charge. The Commissioners say
that even If the national government appoints new
Commissioners IT cannot reduce the salaries, because
the services of the Commissioners rendered gratu
tousy, and always have been.
Yesterday afternoon a steamboat load of sick and
disabled immigrants sent from Castle Garden TO
Wards Island
At five minutes past three O'Clock P. NJ the Cunard
steamship Algeria, with ftyeght cabin and orty-four
steerage passengers sighted in the oning and at
half past six O'Clock N. touched her wharf at Jer
sey City The cabin passengers we're landed at the
company's wharf and placed in carriages 10 convey
them TO their hotels. Mr. Cortis of tho Cunard lne
with his STAFF was present, ready to forward seerage
passengers but as IA violent storm OF wind and
was passing over the city, IL was deemed advisable to
keep those passengers ON board until morning Then
they will be furnished with warm breakfast aud tick
eted 10 their several points of destination Mr. Corts
said that II there had been 100 in the steer
age they would have been landed at Castle Garden
DECISION STATES SUPREME COURT.
Nos $50 and 633.-October Term, 1S75-John Hen
derson aud Thomas Henderson appellants VS.
William H. wckham, Mayor OF the city OF New York,
and the Commissioners OF EmlgratIon-Appeal from
the Circuit Court of the United States for the Southern
District OF New York-James Emott for appellants;
Francis Herman and John E. Deven for respondents.
The Commissioners of Emigration appellants, VS..
Z 40 Nnrlh hmm tha
Circuit Court OF the United States for the District Of
louisiana
| Peters l03 decided no moro than that the require
ment from the master Of vessel of catalogue OF his
passengers landed IN the city, rendered TO the Mayor
! on oath, with correct description of their names,
ages occupations places of birth and OF last legal settle
ment police regulation within the power of the
State to enact and not inconsistent with the consttu-
ton of the United States
2 The result of the passenger cases. How, 2S3,
to hold that tax demanded of the master or owner
of the vessel for every such passenger regulation Of
commerce by the State conflict with the constitu-
tion and laws OF the United States and, therefore,
/ void
These cases criticised and the weight due to them
as authority considered
! 4. In whatever language a statute may be framed,
Its purpose and its constitutional validity must be de-
termned by its natural and reasonable effect
3. Hence statute which imposes burdensome and
almost impossible condition on the shpmaster a
prerequisite TO his landing his passengers with
alternative payment Of small sum OF money for each
one OF them, IS in fact tax on the shlpowner for
the right to land such passengers and in effect ON the
passenger HIMSELF since the shpmaster makes him
pay in advance part of his fare.
u. Such statute OF State is regulation OF
! merce, and when applied TO passengers from foreign
countries is regulation of commerce with foreign
nations.
1t Is no answer the charge that such regulation
Of commerce by State Is forbidden by the constitution
to saw that falls within the police power of the
States for class of legislative powers
may belong, 1t Is prohibited 10 the States II granted
exclusively 10 Congress by that instrument
s. Though II be conceded that there is q class OF
legislation which may affect commerce, both with for
egn nations aud, between the States, in regard to
~ valid
OF action under authority of.congress the
subjects this can have no reference 10 matters
which their nature national or which admit OF
uniform system or plan OF regulation.
9. The statutes OF New York ana Louisiana here TN
der consideration are intended To regulate commercial
matters which are not only of national but OF nterna
tiona concern, and which also best regulated by
uniform rule applicable alike TO all the seaports of
the United States these statutes are the reore void
because legislation the subjects which they
conhded exclusively to Congress by the clause Of The
constitution which gives 10 tLat body the Fright TO
regulate commerce with foreign nations
10 The constitutional objection TO this tax the
passenger Is not removed because the penalty Tor
failure to pay does not accrue until twenty four hours
after he is landed. Tho penalty is incurred by the
act of landing him without payment and is In fact,
for tue act OF bringing him into the state.
II. This Court does not, in this case, undertake to
decide whether not State may, the absence of al
legislation by Congress the same subject pass
statute strictly limited TO defending itself against
paupers convicted criminals and others OF that class
but is OF opinion that TO Congress rightiuy and APP
proprately belongs the power OF legslating on the
whole subject
Mr Justice Miller delivered the opinion OF the Court
In the OF The City New York Min reported
In III Peters l03 the question o the consuonaily of
OF the State concerning passengers vessels
coming TO the port OF New YORK considered by
this Court IL an act passed February III, 1924
ssting OF several sections The FIRST scctionthe only
one passed upon by the Cour-requred the master OF
every ship vessel arriving the port OF New York
from any country out OF the United States from any
other State OF the United States, make report ia
writing and on OATH within twenty-four hours alter
his arrival, 10 the Mayor OF the city, OF the name,
place OF BIRTH legal settlement age and occupation
Of every person brought as passenger from any
country out Of the United States from any of the
United states into the port OF New York or into any
the United states and Of all persons landed from
the snip put board or suffered 10 go board
any other vessel during the voyage with intent OF pro-
cccdIng 10 the city OF New York penalty
prescribed OF SIS for each passenger reported
and for every person whose name, place OF brth last