The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-10-12
MORTON PROTESTS.
Says He Had a Right to Import
Assistant Coaohman Howard.
An Exception Of the immigration
Law Permits It, II Is Claimed.
Gen. Tracy Confers with the Gu
bcrnatorial Candidate.

| The question whether Levi T. Morton,
in importing his servants. from old Eng
land instead Of EMPLOY his own
cOuntrymcn, has violated the .aA against
the Importation OF contract laborcrs en-
acted for the benefit ami protection ~
American labor. is about to be Decided
| by the United States Courts
| The specific case In point is that OF
John James Howard. the English as
sistant to MIR. Morton's English coach
| man, James White
Towards arrest and deportation back
! to London have been ordered by Sec
rotary Carlisle, subject. of course, to the
decision of the Federal Courts as to the
| legality of Mr.. Morton's importation Of
| the assistant coachman.
Howard was arrested at RhineciIff
last evening, as told exclusively in THE
World' this morning, and he makes
affidavit that Mr.. Morton contracted
with him in London last June to en-
ploy him in America, agreeing to pay
his passage. second class, and to give
him $50 month wages here. Mr. Nor
ton did advance II, or $3j. to pay How
American line steamship New York,
sailing from England June 80 and ar
irving here July 7.
In consequence of this trouble, Mr.
Morton's plans were all upset He has
been at the Fifth Avenue Hotel, where
Mr.. Plat dined with him last evening.
lie was going home this morning, but
stayed In town to defend himself against
the accusation OF violating the Federal
statutes, for which, If the violation In
proven, he may be fined $1,000 ana he
subject to ar action for damages
brought by the cDachman he imported.
When an Evening World" report err
called to see Mr.. Morton at the Fifth
Avenue Hotel early this morning he
found that ex-Secretary Tracy was ahead
Of him, and was in consultation with the
Republican candidate for Governor.
Gen. Tracy stayed an hour or more.
When he came down he hurried away,
escaping the interviewers.
Mr.. Morton sent the reply to several
reporters that he desired to be excused
from talking TO them. and that his prl-
newspaper man, would give out the only
statement he desired to make at present
Mr.. Cole read the following statement
from stenOgraphlc notes:
1t Is true that John Howard has been
constantly In my service since May,
1891 ! having employed him as coach
man In London When | left London
for the Continent. having no further use
for his services there, he came to my
home here. and has since been In my
employment at Rhinecif,
HIS duties are entirely confined to
services rendered to my family. | re-
garded him AS household servant, and
as one falling within the exception OF
the law. / considered my action strict
~ within the statute and believed then,
AS do now, that he Ii liable to excep-
ton, which, II Is alleged. is contained
In this statute"
Every man connected with the
BnTDuu OF Immigration rpaIinu
The World' this morning. The uni
versaI sentiment among them was for
deportation OF Mr.. Mortom m "f Foreign i'm
Conchman
Or; senner said that he had no ruling
on tie subject, and that the decision IN
this case would be original
Tracy boaram@n q ( Pl Fla "T the '' i"nio OF
member being the son Of Thomas G.
Plat. and that firm will prepare to
fight,
\ few years ago a Scotch gardener
imported by Kentucky gentleman was
deported after long litigation, the
courts deciding that he was not IA domes-
tic servant.
The case was worked up by Prentiss
{. Dodge. Immigrant Inspector OF the
Collector Smallcy, who was one of the
leaders in the Cleveland campaign. He
instructed Dodge to confer with the Bu-
reau Of Immigration in Washington, and
on Oct he received IA letter from Act
ing Superintendent Larned, directing
him to investigate the matter. Dodge
visited Mr. Morton's beautiful home,
Ellersle at Rhneclff, and obtained
from John James Howard himself the
whole story.
ON INSPECTOR Dodge's report, Secretary
Carlisle issued the following warrant:
Whereas From proofs submitted to me have
become satisfied that John James Howard an
alien Immigrant. who landed In the United States
at the Port ~ New York on the 7th day Of July
INC.
land contrary to the prohibition Of the acts Of
Congress approved Feb 20. lSSa Feb % 1857
Oct 10 1853. and March g. 1894, commonly known
~ the Allen C1ntract-Lahor laws, and whereas
the rerlod Of one year after the landing has not
/ John q Carlisle. Secretary Of the Treasury
NJ the United states, hy virtue 81 the power and
authority vested In me by the ahove.cited acts Of
! Congress. do hereby command you to take into
| custody the said John James Howard, alien i'm
migrant, and return him TO the country whence
| M anne at the expense OF the vessel importing
! him.
| For so doing this shall he your sufficient war.
Witness my hand and seal this 10th day Of
| october, 1891 ]. e. CARLISLE
Secretary Of the Treasury.
Armed with this warrant Dodge visited
| Ellerslie again last evening. Before
! taking Howard into custody he brought
| him to the railway station, where How
! ard made and swore to the following
! at'idavit before William H. Kreger a
! notary public of DutChcSs County:
Nv name Is John James Howard. am a native
! N England, and am twenty eight ears NJ age
! having previous q the present year resided I'm
my native country, In England my occupation
| was that OF a roachman In that capacity
Ing In this employ until November 1884 In
the early part " the month ~ May. tS9i / wa,
yns .,1g to a, as g.S,hwan to Mr. Levi r
Morton in n"rsnn ! "ryed IN that capacity
ITO the Continent Before leaving for Paris SIR
Morton made proposition In me To- g, :,
/ America TO- act there in the capacity Of under