Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-16

sisting any member of his family or any reia-
tive or personal friend to migrate from any
foreign country to the United States. for the
purpose. of settlement here" The, hrst
unlawful for any person. company, partner
ship or corporation in any manner
whatsoever to prepay the transporta-
portation @ or migration of a any % alien er aliens"
etc. "Or in any way assist or encourage"
Now, the proviso at the end of section GER
tainly means something, and it certainly must
refer to that part of the first section which pro-
hibts any person or corporation preparing the
transportation or in anyway assisting or en-
couraging the Importation Of any foreigner.
ETC." It seems TO me that nearly all other
courts have followed in the wake of Judge
Wallace
WHAT WASN'T PROVED.
By the Court-Yes, butin that case there was
an undisputed contract. Here, you have
proved that there was nothing of the kind.
Mr.. Lyon-If that is the Interpretation of
Your Honor, Isuppose there is nothing further
BY the Court~T don't think there is any d.
vision in this court. Mr.. Lyon.
Mr.. Lyon-I believe that is all the evidence
we have to offer and we are willing to rest our
case upon it.
By the Court-Has the defense anything to
sayf
Mr. Kennedy-Wehav have nothing to say further
tnan that we would ask the Court to non suit
uOb tut Jury TO renQer q verulCI 1OI tuo
defendants. Think the better way would be
'orenoer verdict for the defendants.
CHARGE OF THE JUDGE.
BY the Court-Gentlemen of the Jury: You
nave heard the testim ony in this case. In the
view that the Court takes of the meaning and
proper construct on of the act of Congress. IL
Is necessary that contract should be es-
taonshed as having been made between some
PeIsons mere or elsewhere. or representatives
Oh parties In this country by which a foreigner
or aien engages to perform certain labor in this
country: II person does that either directly or
indirectly. or, as the act of Congress expresses
1t. by contract express or implied. then he is
subject to penalty of 81, 000 which can be re-
covered by suit such as is brought here 1t Is
charged in this declaration that this arrange
ment or contract was made with q man named
Ford By Charles Ford an other persons named
in this suit. 1t is, therefore, necessary, to en-
able the plaintiff to recover. that the
essential ingredients of the violation
be the Of
is substantially criminal prosecution. 1t indi-
Gates the doing of certain things, and, among
others. the making of contract for service to
be performed or rendered in this country by an
alien, and bringing him here under such ar
rangements, and if he violate that provision of
the Constitution. and makes such contract
and brings him here to perform such labor, he
Is subject to penalty Of 81, ,000
A DIRECT QUESTION.
Now, have you any evidence that would JUS
tify you in finding that that essential ingredient
OF the violation of this act has been estab-
lishedf Has it been shown that these defend
ants have made any contract in violation of the
act of Congress- Perhaps 1t grew out of the
necessities of the situation that the Govern.
ment was compelled 10 call upon the people
who were alleged to have made the contract to
prove that this act was violated. They have
been driven to call uDon the defendants them
selves and the people alleged to have been
brought here TO prove that such contract
was made before they came. Have they done
it7 Why. strange TO say, no. These English.
men, with the directness which is characteristic
OF them, three of them have sworn directly and
and they give ms reason what seemed TO me to
be good reason for coming over here. that IN
view OF the uncertainty Of the condition Of
trade In England thoy thought their condition
they would be relieved from the uncertainties
that they had TO contend with there.
THE INDUCEMENTS TO COME.
They came here not because Of any contract
with thom. but because they discovered that
new enterprise was being started, and there ex-
listed necessity OF persons to carry on that
business, and persons coming hero could find
employment, rs they say. ut least rs many as
got hore, II not more, and that was the induce
ment TO them; that was tho inducement they
got to bring thom here.
terdicts such information being communicated
to the persons whose interests were to be af.
fected by 1t. This might be done, and the per-
sons might be Influenced IN that way and re.
gard that MS q sufficient reason why they should
give up their residence In England and seek
employment In the United States.
That Is their testimony ut any rate. and that
Is the testimony the Government itself has pro-
duced. That there was no contract, but that
they came here TO better their condition and
that Is why they made arrangements to come
to this country. If so, there Is nothing to
countervail this testimony. and 1t would be
putting strong draft upon you to In
struct you to find that there was o contract
when there was not. We. therefore, instruct
you under the evidence to find verdict for the
defendants.
The jury then rendered verdict accordingly
and were discharged
Mr.. Lyon, on behalf of the Government then
filed exceptions TO the charge OF the Court.