New-York tribune., 1897-08-31

were raised as TO It's validity, ana TEST SUITS
were almost Immediately Instituted at Phila-
dclnha and Pttsburg 10 secure an OPINION from
tho Federal Bench ~ TO its conflict or lack oi
conflict with the guarantees contained III 'he
Fourteentb Amendment TO the Federal Cohs'i-
tuition. The State and county authorities mehh-
while encountered many practical dimcui''es III
a,temptipg to set I'm operation the new mhchih-
cry of taxation. and II appears that no iIhPoS'S
Ind actually been collected up to the uh'e Vi
Judge Acheson's recent decision o1 A"g"s' 10
Under the Judges sweeping veto the whoie
project of penazing allen labor mas ia"e,' n"'
ana void. According to The opinion OF inc
Court the imposition OF Il special lax Oh "h
naturalized aliens violates both the spirit ana
tbe letter Of the last clause OF the Fo"r'eeh'h
Amendment which declares: NOR shah hh!
estate deprive any person of lite hpeF'! OF
"property without due process OF iaw' hor oen!
ito any person within its jurisdiction the ePual
.protection Of the laws" The intent OF the
tax law. argues Judge AchesOn. Is TO impose
upon n special group Of laborers burdens NOT
borne by all other labOrers OF like condition ana
occupation. and 1t thus violates the esseh'ai
inhibition Of the Constitution upon laws winch
shall not operate equally and impartiaIly on hii
who fall within their scope and jurisdiction.
The division Of laborers for taxation purposes
into unnaturallzed aliens on the one hand' ana
naturalized and native-bOrn laborers on the
other the first TO bear, the second to be eX-
empt from, the new imposts. Is dismissed as
an arbitrary and unreasonable classification.
clearly contravening the theory OF equality OF
rights and liabilities insisted upon In the funda-
mental law Of the Nation. The result aimed at
having been adiudged unconstitutional and I'M
proper the panstakingly elaborate machinery
framed 10 nfict the discriminating penalty on
alien laborers in the Commonwealth VIII now.
under the decree OF the Court, have TO he dis
membered and destroyed.
Whether or not the prompt judicial demol'-
tlon OF the Alien Tax law will altogether dis
courage the promoters Of the agitation in Penn
sylvania against the introduction and employ
ment of unnaturalZcd foreigners is not clear.
The spirit which dictated the now nullified law
is an active ard aggressive one. ana mas a
ready echo in many minds. 1t is perhaps. only
another outcropplng OF the widespread pop"lar
demand for National restrictions on immlgra-
ton and for the checking within state borders
Of unassjmilable alien growihs. The Pennsyl-
vania coal regions have suffered grca'l! from
the influx of an ignorant. non n-Englsh-speaking
and wholly alien laDOrlhg popullioh' anu '"'
reactionary sentiment shown in the passage OF
legislation so frankly hostile to foreign labor aS
the Alien Tax law is perhaps not to he won
dered at In the face of constitutional restric-
lions however. the enforcement OF any effec-
tive scheme Of discrimination. by taxation or
Otherwise seems ont of the question. Certain
". after so signal rebuff. no radical expert
mcnt in anti-alien legislation. like the recent
Scent tax law. can be attempted with conf
dence by the advocates in Pennsylvania or else
where of more rigorous and rrprrssive atti-
tu1e toward foreign labor.