New-York tribune., 1906-08-18
CANNOT IMPORT HANDS.
OPINION ON LABOR LAW.
Men for Railroad Work Held 10 BE
in Unshilied Glass.

Washington. Aug. 17.-An important question
respecting the importation Of labor from Mexico
into the United States for work on railroad con-
struction In Texas has been determined by the
Department OF Justice at the instance OF the De-
partment of Commerce and Labor. Ihe quea-
ton was whether men employed as laDorefs ON
ordinary railroad construction were skilled or
''unskiled," In the meaning OF the law. The
Department Of Justice, through an opinion rem
dered by Acting Attorney General Charles H.
Robb has decided that the men arc "unskilled"
laborers and that, therefore, they cannot, under
the law, be admitted into the country under
contract.
On June o. 1906 Doreteo Arellanes. a Mexican.
applied for admission at FL Paso. Tex, and was
deharred by a board OF special inquiry on the
ground that he was contract laborer, and that
his entry into the United States was in violation
Of the immigration act approved March 8, 1908.
An appeal was taken at the instance Of j. q.
Hutt, who has contract to furnish labor TO the
Atchison. Topeka & Santa Fe Railway, the
Chicago Rock Island &Paciho Railroad and
the Fort Worth & Denver City Railroad, all
east Of Albuquerque. N. NJ and George III.
Mosher who has a similar contract for the
Atchison, Topeka & Santa Fe Railway west Of
Albuquerque as far as the Pacific Coast.
On June 25. 1905, admission was refused 70
Sebastian Sotelo. in FL Paso by board OF spe-
cial inquiry under the Alien Contract Labor law.
The appeal was taken at the instance OF the Ben
Heney Company. OF Tucson, Ariz., which has a
contract to furnish labor for the Southern Pacific
Railroad between FL Paso and San jose. on the
coast line. and to Fresno. on the valley line The
question involved the construction OF the term
Skilled labor in Section 2 Of the Immigra-
ton act OF March 3. 1903 it being contended by
the appellants that laborers ordinarily employed
in the construction and maintenance OF the
tracks Of railroads were skilled laborers within
the meaning OF the term as used in the act and
that If labor Of like kind could not be found un-
employed in the United States labOrers of this
class could be imported into the United States
under contract.
MR.. ROBES OPINION.
Acting Attorney General Robb. in his opinion.
says:
It Is probable experience demonstrated that
very few skilled laborers were brought to this
country under the provisions Of Section
of the act of 1855. For this reason, when the
law came to be amended in 1903, it was not
deemed necessary TO limit the exception to it's
operation TO new industries as was the in
the original act In other words, Congress.
recognizing the vast difference between skilled
and unskilled labor, concluded that It might
with perfect safety permit skilled labor TO be
imported In all cases where labor OF like kind
unemployed could not be found in this country.
But no such exception was made in favor OF the
importation Of unskilled labor. Indeed, to rule
otherwise would in effect, nullify the whole law.
The act was designed and intended for the
protection and security of the American laborer.
whose welfare every patriotic citizen is bound
to promote. Laws designed for his benefit
should, If possible, be so constructed as to ef-
fectuate rather than retard the objects for
which they were enacted.
The legislation with which we are now con-
cerned has been on the statute books IN sub
stantially Its present form for more than twenty
years. AS previously pointed out, the original
act divided labor into two classes. skilled and
unskilled. IL first denounced the bringing in
OF either class under contract.
NO EXCEPTION FOR UNsKILLED LABOR.
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
70 Unskilled labor only Congress took occasion
TO make clear its intent. The act Of 1903 con-
teins the unequivocal provision that the act
shall apply 10 unskilled Well to skilled
labor. In this act, which is in force. the
distinction between the two classes Of labor is
still maintained. Il is therein provided that
neither class shall be brought in under con-
tract. No exception whatever is contained in
the aot in respect to unsl1illed labor. but it is
provided that skilled labor may be imported
under certain conditions. That there is a diff
ference in fact and in law between skilled and