, 1876-04-01


The Supreme Court Of tho United States
has delivered mn important decision Of long
vexed question, and Tint Ii tho powor OF tho
States by legislation to impose tar upon
immigrants arriving from other countries.
This question WIS discussed at worry carly
dnto. In 1924 tho State Of New York passed.
m act, tho first section Of which required tho
Master Of every ship arriving in the United
statcs to file with tho Mayor List Of oil hts
passengers, stating ago, sex, name, previous
rosidencs, etc., md Imposing penalty of
f75 for caoh passenger not so reported. It
also roquired tho Mastar to give bond to save
tho city harm1eBs from all expense Of support
aud maintenance Of such passenger. A
Master of vessel was sued for not making
this report, and tho caso eventually reaching
tho Supreme Court that body decided, JUS
tice Sronx alone dissenting, that the statute
WAS within tho police power Of the State, and
Was not unconstitutional.
Many years later, tho question oamo up to
the Supreme Court again. Tho State law
t1ircctel the 1Iealth Commissioner to dornand
aud sno for and recover from tho Master Of
every vessel nrriving in New York from q
foreign port S1.50 for each cabin passenger,
and 81 from oaeh stecrage passenger, and
from tho Master of oach coasting vessel 25
cents for eaoh passenger. Tho bfaster of n
British ship refused to pay S$3.9J for as many
Rteorago passengers, and d judgment WAS
rendered against him. In January, 1849, tho
Supreme Court held that this act Of the State
Of Now York WIS "ropugnant to Tho Con-
stitution aud Laws Of tho United Statcs," and
therefore void. Now York, however, modi-
flcd tho law so ns to require Of tho ownor Of
every vesscl landing passengers from a
foreign port TO- make report OF MI tho
passengers, and to givo bond in tho sum Of
S30s for each passenger to indemnify tho
authorities against any expense for tho relief
of such passengers for four years but tho
vessol-ownor may commute for snch bond
by paying within twenty-fo,r hours SL5o
for cacl passenger.
The State of Louisiana and the State o1
California hayo similar laws.
In tho casoa decided in 18i9 (thero WORD
cascs both from Now York aud BoBton), the
decision was mado by a baro minority Of the
Court, -S1oLEAa, WAYNE, oArnoN, MoKu.
LET, and GnrEn holding tho Now York laws X
be Unconstitutional, while TANEr, DANIEL
NELSON, aud WOODBURY. held them valid
The authority of tho decision was weakene,
because Of tho varioty Of opinions, no les
| than eight out Of tho nine judges giving dit
| foront reaaons
The question was now brought up to th
Court upon casca from Iouisiaun, Now York
and California, and the Court now, by q,
unanimous dsoiBion, holds TINT all such law
are regulations of commerce with foreig1
| nations, and arc void because beyond th
authority Of tho States Wo print the opin
| ion Of tho Court. as delivered by Judg
MILLER. It settles this matter finally. I
dcnies to the States any authority to contro
tho passenger trade By taxing the yessols O
tho passengers. Tho Court express the opin
ion that Congress can boat exercise this pow
er by tho enactment Of general Inv. Th
Court say that they do not decide whoshc
In tho absence Of any act Of Congress- th
States can, OF how fur they can, by appropri
hto legislation protect themselves ngaina
actual paupers, vagrants, criminals, and dis
eased porsons arriving from foreign coun
tries. That question was not befors th
| Oourt