The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-12-15
THE CONTRACT LABOR LAW.
Judge Webb Directs Jury to Find for
Edwards Co.

E0WafUS C0s
The Jury is Dismissed for the Term-Disa-
greement in the JaokyI Case.
In the United States District Court,
before Judge Webb. Friday forenoon,
turing Co. of Augusta was begun before
the jury. District Attorney Bradbury
appeared for the government and Hon.
OrviIle D. Baker, of Augusta, for the
company.
Ga the 9th of November Deputy Mar
shall Smith was sent to Augusta and
there attached the property OF the Ed
wards Co. for the sum Of two thousand
dollars, as surety that the company
should appear before this session of the
District Court to answer to the charge
that on April "a, 1898, it had knowingly
assisted, encouraged and solicited tn @
migration Of one Alfred Landry, an
and service at Augusta under a contract
between himself and the company.
This case, which was begun last No
vember, arises under what is known as
the alien contract labor law, passed by
Congress in April, 1895. This Law pro-
vides penalty of one thousand dollars
to deter manufacturers and others en-
ploying labor, from going abroad sand
there contracting for laborers to be
brought into the United States to work
here The object of this law Is, of
course. to prevent the replacing of Ameri
can laborers by low-priced foreigners
hired abroad.
In otner States this law has frequently
been invoked, one of the most conspicu-
Gus recent case being the English coach
man of ex-Vite President Morton. The
law has even been invoked against a
clergyman. hired in England, to preach
i'll New York pulpit.
The Augusta case concerns Alfred
Landry, French Canadian, who came
from Canada to work in the cotton mill.
1t is alleged that the company made a
contract with Landry in such a way that
the case falls within the meaning of
the law. Mr.. Baker, counsel for the Ed
wards Co., does not deny that advances
were made to Landry by the company;
but he contends thatino contract, with
In the meaning of the law, was made.
The only evidence in the case as two
papers. The first consisted of a telegram
written on a blank OF the Great North
western Telegraph Co. of Canada, dated
Augusta, Me-, April "a, 1898. directed to
Alfred Landry. This telegram was as
follows:
Will give you and your family and
six or more other families work if they
will come here. We will furnish them
with tenements and furniture to start
EDWARDS MFG. co.
The second piece of evidence is an ad-
mission by the Edwards Co.. follows:
It is admitted by the defendant that
Edward Landry, subsequently to the
receipt by. him of the telegram from the
said Edwards Manufacturing Co., dated
April gath, 1898, and put into the case,
and in response thereto, did come into
this country and go to work for said Ed
wards Manufacturing Co.
Edwards Mfg. Co.
BIZ Baker, Baker & Staples, their attor
neys.
In arguing the case Mr.. Baker held that
the telegram not having been answered,
no contract was actually made and COM
pleted. Furthermore, such contract.
even if it had been made, would not
have rendered the defendant liable,
since it was necessary not only to show
that an Illegal contract had been made;
but that the laborer had actually come
in under the contract; and also that the
defendant, knowing of the illegal con-
tract, had assisted the laborer to enter
the country. There was no evidence to
show either that there was an illegal
contract, or that the laborer had come
in under the contract. or that the defend
ant company assisted The emigrant to
come in.
District Attorney Bradbury, arguing
for the government, held that there ex-
listed contract since the minds of the
two parties met in the arrangement,
whicl was carried out in accordance
with that meeting of minds.
Judge Webb said that this was civil
suit where the government could appeal as
well as the defendant. He was very
strong in his conviction that this was
one of the cases which was the in
tention of Congress to provide for. But
where the language Of the statute utterly
fails TO cover the ground aimed at, it
cannot be wrenched to make it do it.
The case of the defendant was sustained
DO the deficiencies of the law.
Therefore Judge Webb informed the
jury that the government had not made
out case, ana instructed them to bring
in verdict for the defendant.
THE JACKYL CASE.
In tbe case of Jackyl the jury disa-
greed, and he was bound over to the
February term for trial again. The jury
were dismissed, there being no further
work for them this term.
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