The morning call., 1894-05-06
ARTISTS OR NOT.
Stradley's Reply to the
Musicians.
QUOTES THE LABOR LAWS.
The Secretary of the Treasury May
Be Called Upon to Settle
the Dispute.
QUOTES THE LABOR LAWS.

The efforts of the Musicians Mutual Pro-
tective Union to prevent the Importation
of band of musicians to play at the Mid
winter Fair have been distressingly fruit
le SIS up to date, but the local melody
makers have not abandoned hope. They
know that they have nothing 10 expect
from the Commissioner of Immigration,
for that astute official sent them the fol-
lowing epistle. in which he washed his
hands of the affair yesterday afternoon:
SAN FRANCISCO. CAL, May 5, 1894.
E. E. Schnitz and a. Ruef. secretary and At
torneu. respectively, of the Musicians Union
GENTLEMEN: You Informed me several days
ago that the managers OF the Midwinter Fair
had employed large band OF Mexican musi-
cIans TO perform at the fair grounds, and you
asked me whether, il these musicians came TO
San Francisco under contract, they would not
be liable TO deportation Under the alien con-
tract labor law. This law, you know, provides
in effect that no person who has previously
contracted TO perform any labor or services in
this country, either expressly or lmplledly,
shall be allowed to land in this country.
However, section OF the act Of February 26,
1885, excepts professional actors, artists, lee
turers and singers from the general provisions
of the law. This las-mr ntioned section IS
amended by section of the act OF March g..
1891 The effect of this latter amendment of
The law is to add to the persons excepted from
the general provisions OF the alien contract
LABOR law ministers OF any religious uen0m1nd-
lion, all persons belonging to any recognized
profession and professors Tor colleges and SEM
1nai les.
Therefore, the question as to whether the
Mexican musicians would be allowed to land in
this country narrows itself down to question
OF fact. Ii they are artists or ir they are per-
sons belonging to regular profession the pro-
visions OF the alien contract labor law would
not be applicable TO them. AS TO whether or
not they belong TO either one OF these excepted
classes will have to be determined by the mmi-
.tftn
which they may seek an entry into the United
States. have been Informed by you that this
band of Mexican musicians Will very probably
come 10 San Francisco by way OF FL Paso Tex
In that case their fitness to enter this country
will have to be determined by the Collector of
Customs at that place.
You ask me the further question. whether or
not in case the musicians in question should
come by way Of Ell PasO, Tex, should have
the authority TO arrest and detain them pend
Ing an examination into the legality OF their
entry into the United States. In reply, l will
say that if they have been examined by the
custom house authorities at EI Paso. Tex, and
by them allowed to enter the United States, /
have no authority to re-examine them. re-
main yours, etc., WALTER ?. STRADLEY,
United States Commissioners of Immigration.
Mr.. Stradley has not heard from Ell Paso,
but he is comfortably sure that he will
have nothing To do with the admission or
exclusion Of the MeXicans. If the Col
lector at the Texas city thinks they are
dktioso tnCy Will COmCs duu euo uHlOus IL ~
cares to make fight against them, can, p
peal to the courts for an injunction re-
straining the managers of the fair from
employing them. The Commissioner thin ks
that the case might be referred to the
Secretary of the Treasury for his decision.
and il is probable that this will be done
If the Ell Paso Collector decides that the
bandsmen are entitled to land. Upon the
Collector now devolves the difficult task
of determining whether the musicians
who have been engaged for the fair are
artists or tradesmen.