The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-01
ALIEN CONTRACT LABOR
BAKERS DECISION IN THE
NEW YORK STORE CASE.
Does Not Come within the Spirit of
the Law, watch Applies to
"NanunI Labor"

Judge Baker yesterday took up ana de-
cided the case against George A. Cay, man
ager Of the New York store, arising under
the law forbidding the Importation OF con-
tract labor. Two years ago a salesman
named j. II. Henderson was ~discharged
from the store. He went before the Iederal
grand jury and claimed that he had been
brought here from Scotland under contract.
An Indictment was found against Mr.. Gay
and he filed an answer TO the charge. lie
declared that Henderson had been hired IN
New York by their firm and sent mere.
Evidence was taken and nothing further
was done until q week or so ago, When
Judge Baker took up the matter and went
over it. Yesterday he handed down the 1ol-
lowing decision:
This is ar action to recover the penalty
of $1,000 prescribed for the importation OF
aliens under contract to perform TABOR anu
service in this country in violation or the
acts Of Feb. e, 1850, a an M Maq qi D. 1871
The declaration, emitting the caption, IS
as. follows: The plaintiff complains OF the
defendant and says that the defendant is a
resident of the city of indianapolis, In the
State of Indiana, and that heretofore, TO-
wit, on the 18th day of july, 1888, the sald
defendant did assist and encourage the I'M
portation and migration of a certain alien
and foreigner into the United states, to-
wit, one James II. Henderson,, who was
tllGl III A1lIAC q AldLlF " 0CCNAHAA 49, -
subject of Great Britain, by promise OF
employment through advertisements print
ed and published in the CITY OF GlasgoW'
Scotland, and under contract and agree
ment made previous TO the Importation ana
migration Of said alien and foreigner and
previous to his becoming a resident and
citizen of the United states, by the de-
PENDANT With the said James II. Hender-
son, by which said contract and agreement
the said James II. Henderson was to per-
form labor and service in the United States
for the sum of S12 per week, ana the sald
defendant further agreed to refund the pas.
sage money and cost of transportation OF
the said James H. Henderson from scotland
to the United States. Wherefore plalnt1n
says the defendant has become liable TO a
penalty of $1,000, for which sum pIa1ntlf
demands judgment against defendant, and
for all other proper relief
ITO this declaration the defendant has in
terposed a demurrer for INSURGENCY or
facts TO constitute a cause of action.
SPIRIT OF THE LAW.
1.-THE statute in question is highly penal
and must be so construed as to bring with
in it's condemnation only those who are
shown by the direct and positive
Of the declaration to be embraced within
the terms of the law. 1t will not be so
construed as to include cases which, al
though within the letter, are not within the
spirit of the law. 1t must be construed in
the light of the evil which it was intended
to remedy, which, as is well known, was
the Importation of manual laborers under
contract previously entered into, at rates
classes could not compete without COM
pelling them to submit to conditions of
life to which they were unaccustomed.
United States vs.. Laws, 163 U. 81 258;
Church OF the Holy Trinity VS., United
States % Jag Ro Y. 81 457; United States VS..
1T is settled by these and other cases
that the statute must be construed as linn
tied to cases where the assisted immigrant
was brought into this country under a
contract to perform manual labor or serv-
ice. h declaration does not state the
character of the labor or service which the
immigrant was under contract to perform,
and hence fails to bring the case within
the terms of the statute as construed by
the Supreme Court. The court cannot in
service which the immigrant was under
contract to perform was manual in the alb
sence of such averment.
The declaration does not set out the
advertisements, or otherwise state the
terms of the contract Or agreement alleged
to have been entered into. The pleader
ment of conclusions without stating either
the advertisements or contract in haec
substance of either. At least the substance
of the advertisements and contract should
be set out to nable the court to determine
whether they bring the defendant within
the condemnation of the statute. United
States VS.. Edgar, 45 Fed, "A.
There is no direct allegation that the
IMMIGRANT named IN the declaration actu-
ally came to this country pursuant to the
alleged contract for the purpose of per-
forming manual labor or service. Such an
averment is essential. United States VS..
Craig, 2S Fed, 795, 799.
There is no statement of the acts done
by the defendant to assist or procure the
immigration into this country of the per-
son named in the declaration. 1t is not
averred that the defendant prepaid the
expenses of his passage. 1t is averred that
the defendant agreed to refund the passage
money and cost of transportation from
Scotland to the United States, but it fails
to allege that the agreement to refund was
been assisted came to this country. The
court is not at liberty to infer that the
agreement to refund was made before the
be gathered by Inference that the alleged
immigrant ever came to this country.
The declaration is clearly insufficient.
and the demurrer is sustained, with leave
to amend in ten days; otherwise the case
will be dismissed"