The Oskaloosa herald., 1901-11-21
IMMIGRATION LAW.
Test Case now on in Federal
Court at Des Moines.

Des Moines Capital: Major John F.
Lacey arrived in the city this noon
and this afternoon appeared in the fed
erdal court 10 deferd David ). Morri-
! son, the glove manufacturer, of Grin
| nell, who is en- trial charged with vio-
lating the immigration laws of the
United States. The Morrison case was
| called before Judge Mcpherson in the
federal court ct 2 o'clock being the
first case 70 come to trial at the regu-
! lar November term of court which con-
vened here this forenoon.
Lewis Miles, United States District
Attorney is conducting the prosecution
of Mr.. Morrison, the case attracting
wide attention from the fact that it is
the first tried in the United States dis.
trict court in this country determining
the question as to whether or not cut
ters' of ladies gloves come under the
expert labor classification. Judge Nc
Pherson has already handed down a
Ter gthy ard important opinion in the
case, OveTrUling the defendants de-
murrer and ordering the case tried to
jury to determine whether or not
the manufacture of ladies' kid gloves
was an established industry in the
United States on February 26, 1885, or
November %. 1900.
David S. Morrison is a member of
the glove manufacturing firm at Grin
nell, which is one of the largest glove
factories in the United States and the
only glove factory west of the Missis-
sippi river Git is claimed) which man
utactures ladies kid gloves. Along
in June, 1900, being in need Of an ex-
pert cutter of ladies' kid gloves and be-
ing unable to find the suitable person
in the United States, Mr.. Morrison
went over to Europe and imported two
Austrians f'Om Prague Cone workman
by the name of August Zuza) bringing
the men to this country under CON
tract, the rate of wages being stipu- |
l3ted, and paying them in advance the |
money necessary to bring them across
the ocean and to Grinnell
For doing this he wes charged with |
violating the federal immigra tiou laws |
and particularly that section thereon |
which refers to contract alien labor. |
The matter was presented to Lewis |
Miles and after a consultation with |
Judge Mcpherson it was decided to file |
an information against Morrison and |
make a test case. This was done and |
Morrison waving preliminary eXamin- |
alton was bound over to the grand |
jury, which later indicted him.
Mr.. Morrison secured the services Of !
Major Lacey as council and demurred |
to the Indictment on the ground that !
Zuza and his companion came under |
I1 81 10
and were not to be considered as mere |
mechanics brought to this country in |
opposition to American iaborers. The
claim was also made in the indictment |
that the expert kid glove cutters could |
not be procured in the United States, |
and that the manufacture Of ladies' |
kid gloves was not an established in |
dUstry on or before February 26, 1885. |
when the exclusion immigration law
went into effect; and that it is not |
even yet an established industry to |
which American Iaborers are turning |
freely.
Judge Mcpherson took the demurrer |
under consideration and finally rem
dered an opinion overruling the de |
murrer and ordering a jury to deter |
mine the facts in the question as to |
when the ladies' glove making became |
an established industry in the United |
States.
The claim is made by the United |
States district attorney that HUza was
neither "singer, lecturer, minister Of |
tho gospel, actor, professor IL a 90. |
1oge ard is not a member Of the de |
fondant's family or his secretary" and |
that therefore Morrison, by contract |
ing for his labor in advance, violated |
the immigration laws.
On the other. hand, Major Lacey CON !
tends that when the immigration act
became a law in February, 1885, the
manufacture Of ladies' fine kid gloves
was virtually unknown in the United
States, but that it was by no means an
established industry, as the statute
specifies shall be restricted in immi-
grafton. Further than that, at the
time of MorrisOn's arrest on November
%, 1900, the manufacture of ladies'
fine kid gloves had even then not be
come an established industry, there be-
ing only three or four such factories
in the United States and only one west
OF the Mississippi river, the one at
GrinneIl.
Judge Mcpherson examiner all the
facts in the case and read up on glove
making in the Glovers' Journal, and
then decided that the point was such
a close one that it would take a jury
to determine how extensively ladies'
kid gloves were made in this country,
and that if the industry had not reach
ed the width and breadth where it can
be called an established industry then
Morrison was not liable. 1t is this
point which the jury, impanelled this
afternoon, must determine.
1t is expected that the case will be
concluded before the adjournment to-
night and a precedent will be estab-
lished by the. result which the other
federal courts and other manufactur-
ing importers will follow in the tu'
ture.
K. T. BANQUET.