Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-08-18
MUST GO BACK
TO OLD MEXICO
Men Imported from There Not A.
lowed to Work on Texas
Railroads.
so SAYS ACT. ATTY. GEN. ROBB
rrhoy Are Not skilled Laborers-Amer-
lean Work for American
Norkmen.

washington. Aug. l7,-Acting Atty
20, Charles II. Robb today rendered
u, opinion TO the effect that Mexican
,.borers could not be imported into
rs,as under contract to work on rail-
r,8ds in that state and other public
obstruction work and that the men
heretofore So admitted must be re-
turned to Mexico.
Appeals win be taken by the Ben
Haney company Of Tucson and by j. /.
1lutt and George II. Mosher, all named
tsing contractors who furnished labor
:, r8ilroads east and west OF Aibuquer-
ma ON the Pacific coast Tie
9usstion involved the construction OF
tte term skilled labor IN section :
or the immigration act OF March 5,
1908. II being contended by appellants
that laborers ordinarily employed IN
tbe construction ana maintenance OF
railroads By the contractors were
skilled iaborers within the meaning OF
the term as used IN the act and that
II labor OF like kind could not be found
unemployed IN the United States la
horers OF this class could be Imported
INTO The United States under contract.
Acting Atty Gen Robb IN HE opinion
says
THE act was designed and intended
f0r he protection and security OF the
American laborer. whose welfare every
patriotic citizen is bound to promote.
Laws designed for his benefit should, II
possible. be 50 construed as TO enee-
tuate rather than retard the objects
Tor which they are enacted.
The legislation with which We are
now concerned has been on the statute
books IN substantially its present form
for more than 20 years. As previously
pointed out. the original act divided
labor into two classes, skilled and un-
skilled II first denounced the bring
Ing IN Of either class under contract
For reasons Of public policy Congress
then excepted from the operation OF
the law skilled labor on new industries.
The courts having intimated that the
law was designed TO apply TO unshlled
labor only. Congress took occasion to
make clear its intent The act OF 1908
contains the uneQuIyocal provision that
the act shall apply TO skilled as well
as unSkilled labor. In this act, which
is now In force. the distinction be-
tween the two classes Of labor Is still
maintained. Il Is therein provided that
neither class shall be brought IN under
contract
No exception whatever is contained
i1 the act in respect TO unskilled la
Dor. but Il Is provided that skilled la
Dor may be Imported under certain
conditions. That there is a difference
DO fact and In law between skilled and
lrskilled labor Is too plain TO admit
N argument II must also be pre-
suued that Congress was mindful Of
his difference IN the enactment Of
This law. II Is certainly not for the
executive department OF the govern
ment to nullify the will of Congress
because OF declining or falling to give
the words OF the act their natural and
logical import Especially is this true
n case involving the welfare OF such
ID very large number OF our own citi-
zens Moreover II does not appear
hat since the enactment OF this law
in 1855 10 has ever before been con-
tended that unskilled alien contract
labor could legally be imported
The determination Of the question
as 10 what Is skilled and what Is
unskilled labor within the meaning Of
the law rests largely with you ] enter
tain no doubt. however that ordinary
bands commonly employed IN the con-
rruction and maintenance OF tracks
NJ railroads are not skilled laborers
within the meaning OF the immigration
aC' OF March 8. 1903. Having reached
the conclusion that they are not skilled
laborers. 10 follows from what ] have
previously said that such laborers may
not be imported into this country I'M
der contract IN any event.
Immediately on receipt Of the opin-
Jon Acting Secy Murray OF the de-
par,ment Of commerce and labor dis
missed the appeals OF the aliens and
ordered them 10 be deported.