Wichita eagle., 1889-05-25
ALIEN LABOR.
The Law Likely to Cause Trouble for
Bishop Keane

The Law Likely to Cause Trouble fol-
Bishop Keane
WAsHINGTpN, May A.-The alien labor
act cuts mneh deeper than those who
| framed it knew. 1t is not yet certain
whether the present administration will
construe it so that professors for UNIVERSE
ties and other educators for public institu-
tions can be permitted to enter
the United States, but it is very clear that
rigid Interpretation is to be given to the
act SO far as actual laborers are concerned.
The act forbids the importation of aliens
under contract ito perform labor or ser.
vice of any kind in the United States" Its
| exceptions are professional actors, artists,
| lecturers, singers and persons employed
| strictly as personal or domestic servants %
| Teachers and professors the law is silent
\ upon. Bishop keane, VINO has just re-
| turned to Washington. says that he has
| obtained number of professors for the
university here. 1t will soon become a
practical question whether these profess
act. Mr.. Hepburn, Of Iowa, the new So
licitor of the treasury, the law officer who
will be called upon to conStrue the law,
says that he will decide that case when it
shall come up. Meanwhile, he does not
care to give any inuimation as to his
| opinion.
There have, however, been two rulings
| as to this act, which at least raise doubt
whether professors in public institutions
would not be less inhibited from entering
the United States. One of these decisions
was rendered by Judge Wallace in New
York. The other has just been made by
the solicitor of the treasury and approved
by. Secretary Wisdom in case of Cam
adam, Bouck, who came to this country
after once having been here, to engage as
farm hand. The decision in the latter
case was that he could not be permitted
to enter The decision of Judge Wallace
| was this: Rev. 4. Walpole Warren, of
Englanp, had been engaged as pastor CT
| the Holy Trinity in New York. Judge
Wallace held that the church had violated
| the law in importing him and must pay a
fine Of $1,000. Judge Wallace admitted
that congress had never intended to class
foreign preachers with alien laborers.
Indeed" he said, sit would not be indulg-
ing violent suppositlon to assume that
no legislative body in this country would
| have advisedly enacted a law framed so as
to cover case like the present" Yet Judge
Wallace construed the act, not according to
the intent Of its trainers, but to it's terms
Every kind of industry" he held, land
every employment, manual or intellectual,
is embraced within the language used.
The act must clearly apply to ministers.
lawyers, surgeons, architects and all others
who labor in any professional calling, ex-
cept the classes expressly excepted"
This rigid construction makes it unlaw-
full for an American institution Of learn
ing to bring a foreign teacher or professor
here under an agreement. The teacher or
professor may be summarily sent back and
the college mulcted in heavy fine.
The case decided by the present admin
istfation was this: Harrison Bouck, a
employment as farm hand with Mr..
Brown. Soon afterward, he visited his
former home in Canada On his way back
to Lisbon to resume his work ne was stop
ped at Ogdensburg by the collector of Gus
toms, who reported the case to Washing
ton for instructions. Secretary Window
referred the question to Mr.. Hepburn, the
solicitor of the treasury, who gave the
opinion that an unlawful contract for the
importation of alien laborers may be made
IN this country as well
as abroad. A foreigner comes here
and secures employment. While
still retaining his place, he goes back to
his former home for his family or other
purposes. Then he returns to this coun-
try. Solicitor Hepburn holds that, to es-
cape the provisiOnf of the contract labor
law, the alien must prove that when he
first came to the United States he intend
ed to become a permanent resident. If
his first coming was experimental or
prospective" his remaining, contingent on
getting employment and liking the coun-
try, his returning under his original en-
gagement or contract for service, is a vio-
lation of the law Secretary Win
dom accepted this Interpretation of
the statute, and directed the col
lector at Ogdensburg that unless
Bouck's first visit was made with the bona
fide intention, OF becoming a resident of
the United States, and was not contingent
upon any special employment" the law
was to be enforced against him, and ''in
similar cases"
Speaking of the importation of aliens
Michigan, Solicitor Hepburn said: 'tUn-
doubtedly thal law prohibits such importa-
ton, and yet thousands ofCanadians hay
ing only an AK and a small bundle of
clothing invade the United States every
year and then return home with G3O0 or
S400 of our money in their possession"
''Will there be an attempt made to stop
the practice?"
''While | am the law officer of the treas
ury | shall interpret the law just as it is
intended, no matter who may be affected
am considerable Of an American myself,
and believe in keeping a portion of our
country for bona fide settlers or immi-
grants, and not for men who have to be of
fered inducements to come to our shores ~
protecting American wage earners will
be your aim them"
Certainly it will. and in every case
brought to my attention | will see to it
that the law is carried out"