Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-07
BUILDING THE CANAL
Twenty Thousand Japanese
May Be Imported.
CAN'T USEWHITELAB
EXPERT OPINION ON THE Law
WILL BE SOUGHT.
It is Contended That the Exclusion Of
Contract Alien Labor Does Not APP
ply to the Isthmian Zone.

If the legal experts of the United States
government decide favorably, the new 18TH
milan canal commission will immediately
make arrangements to procure 10000
Japanese laborers from the mikado's
kingdom to be employed on the construc-
ton of the Panama canal. An agreement
has been practically concluded between the
War Department and contract labor con-
Germ by which 5000 Japanese will be taken
from Hawaii to the isthmus, and thousands
more will be contracted for as soon as pos
sible Laborers coming from Japan will not
be affected by the alien contract labor law,
as the Hawaiian islands are to all intents
and purposes American territory. The con-
tracing for laborers to be brought from
Japan is, however. a different proposition,
and serious consideration will be given the
matter by the officials of the Department
of Justice before any actual steps are
taken Chinese labor will also be en-
ployed if it is found by the governments
lawyers that the Chinese exclusion act does
not bar Chinese from the canal zone
Cannot Be Dug by White Labor.
The new members of the new isthmian
canal commission are united in the belief
that the canal cannot be dug by white
labor and that to attempt 1t would be to
simply sacrifice unnecessarily an immense
number of lives. White men cannot stand
hard work in the climate of the isthmus, and
the old commission had practically decided
to use Chinese Japanese and best Indian
labor if no legal distractions barred the
way.
Up to the present time no effort has been
made to enforce the immigration and labor
laws in the canal zone. On the contrary,
the canal zone is still regarded as foreign
territory, in that aliens to the United States
from there are subjected to the head tax
of 81 each 1t is not believed that labor
interests will interpose objections to the use
of Chinese or other foreign labor in the Dig
ging of the canal, but the point might pc
made that if the canal zone is territory OF
the United States, and a part thereof, Chi
nese permitted to enter there for work on
the canal might claim that they had thereby
been admitted to the United States and had
the right to come to the states. In such
event. American labor interests would be
I'D in arms at once to repel a threatened
yellow invasion.
The Law as to Contract Labor.
Commissioner of Immigration Sargent
stated yesterday that while not prepared
to express definite opinion on the question
of whether the alien contract labor laws
and the Chinese exclusion act applied to
the canal zone, he was inclined to believe
that they did. He called attention to sec
ton 80 of the act of 1903, which READS:
That for the purpose of this act the
words United States as used in the title
as well as in the various. sections OF TINS
act, shall be construed to mean the United
States and any waters, territory or ot .Ie.s
place now subtect~to the Jurisdiction
thereof"
Ito Porto Rico, Alaska, Hawaii ana the
ouest1onably the territory of the United
States and solely under this country's jul
risdiction, the point is made that the laws
must be applied to 1t.
Hinges on the Word CHOW"
An attorney in the department to. whom
the question was preached expressed the
opinion, after reading the statute, that the
whole question would hinge on the word
now in the section cited.
1.-The sections and any waters, territory
or other place now under the jurisdiction
thereof he said THAT act was approved
March 3. 1898. Was the canal zone under
the Jurisdiction of the United States at that
time? The treaty by which we came into
possession of the strip was not ratlhed I'M
til February q, 1901 Under the circum-
stances | am of opinion that the lmmigra-
ton and labor laws cannot be applied to
the canal zone. However, the question OF
the construction of that section, of the sig
nificance the now contained therein, is one
that might be raised
Important Meeting Monday.
Secretary of War Taft received a dispatch
yesterday from Chief Engineer Wallace OF
the isthmian canal commission stating that
he would make short trip to Ohio and
would return to Washington next Monday.
Chairman Shonts of the commission VIII
also be here at that time, and the commits
sion will hold an important meeting ana
continue it's work of outlining dehnfte
program for the construction of the canal
The plan decided upon will be laid before
Congress by the Secretary of War next fall
Consequently it is considered desirable TO
have the board of consulting engineers Sc
lected as early as possible, as their reports,
together with that of Chief Engineer Wal
lace will form the basis of Secretary Iafts
communication to Congress. Aldred Noble,
at nresent chief engineer of the Pennsylya-