Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1906-12-21
WATSON WINS.
Important Decision In South Carolina
Immioration Case.

important Decision In South Carolina
immigration Case.
WASHINGTON, Dec. 1S.-An impor-
tant decision has been rendered by
Secretary Straus, Of the department
Of commerce and labor, as to the
right Of a state to induce immigra-
ton to that state. The decision holds,
in brief, that, in the circumstances
there is no violation or the lmmlgra-
ton laws or Of the law to prohibit
the importation Of alien contract Ia
borers in the action Of the state OF
south Carolina, in this particular
case, in encouraging immigration to
that state or in paying the necessary
expenses of the immigrants in coming
to the state.
The case on which the decision is
based originated in South Carolina.
For some time past the agricultural
and manufacturing industries OF
South Carolina have been retarded
and were In danger of material in
jury on account Of the lack OF labor.
In order to relieve this condition OF
affairs the legislature Of South Car
olina passed an act creating state
department of agriculture, commerce
and immigration. E. ]. Watson was
appointed commissioner Of the depart
ment. He was empowered by the act
to make such arrangements with
steamship companies and the lmm-
grafton agencies in this country and
abroad as would serve best the
interest of successful immigration, the
necessary expenditure being MADE
from an appropriation provided Tor
the purpose. The act authorized the
commissioner to accept contributions
4ttt ~ state
might wish to assist In bringing de-
lsirable immigrants to South Carolina
r. On November 4, 1906, the steam
ship Wittekind, arrived from Bremen
at the port Of Charleston, S. C., nav
ing on board about 415 aliens des-
tined to various points in the state OF
South Carolina. About 800 OF these
aliens were Belgian mill operatives
their wives and children, the remain
der being German farm laborers and
women seeking domestic service. All
of these were induced to migrate to
the United States by the state OF
South Carolina, the state acting
through the medium of its commits
sioner Of agriculture, commerce ana
immigration, who went to Europe
some time in August for the purpose
of inducing desirable immigrants 10
come to the state; the passage mon
ey Of the aliens was paid by the state
from q fund, part Of which was ap-
propriated by the state and the pal
ance being contributed by various
cornorations and individuals. This
fund was expended solely at the dis
cretion Of the state officials and not
under the direction Of the contrlpu-
tors.
The commissioner Of immigration
of South Carolina found employment
and distributed these aliens to various
points in the state, and in so doing
exercised his own judgment as to the
persons to whom, and the locations
to which the aliens should be Sent
The aliens were free to accept or re-
iect any offers of employment maze
to them.
The facts in this case were brought
to the attention of the secretary OF
commerce and labor by the immi-
grafton officer at the port Of Charles
ton. and he in turn referred the mat.
ter to the solicitor of the department
for his opinion as to whether or not
the action Of the commissioner OF
immigration of South Carolina IN
bringing these aliens to the Uniteo
States. was a violation Of the alien
contract labor laws. The immlgra-
ton service was duly notified or the
expected arrival Of the Immigrants
in question and the right or sucn
aliens to land was left to the deter
mination Of the officers administering
the Federal immigration laws.
The question Of the right OF State'
under the national Immigration laws,
to encourage immigration, was raised
by the officials Of another southern
state. It was referred to the de-
ma rtment of commerce and LABOR
Metcalf referred the legal question
involved to Solicitor Earl or the ue-
partment for an opinion.
Mr.. Earl considered very carefully
the facts of the case in connection
with the status bearing upon II ano
arrived finally at the conclusion tna'
there had been no violation OF tne
national law by the authorities OF
South Carolina. The opinion OF 30
licitor Earl goes fully into discus
sion of the law respecting immlgra-
| tion. He finds that 80 far as the
prohibition against assisting importa-
| tion or migration of foreign laborers
NV promise of employment through
| advertisements abroad is concerned
states and territories are expresseuly
excepted from the operation Oh the
law" He says further:
| "Rv the terms Of the proViso, states
and territories may offer inducements
or make promises to foreign laborers
by advertisement printed and pup
| lished in foreign countries. and the!
are not forbidden to assist IN tne M.
grafton of the foreign laborers &c
whom such offers are addressed
While the opinion of Solicitor Ear
is general in its application ne MAKE,
II clear that it relates to the Facts OF
this particular case and indicates ina.
different questions might arise II the
facts themselves were slightly amer
| ent. ~,
I'm conclusion it is stated as tht
orinion of the department tine pial
pursued by Commissioner watson, a.
| il is shown to have been carried out
does not involve violation or tnt
immigration laws of the United States
prohibiting the importation oi con
tract laborers: and l am further o'
opinion that there has been no ms
application Of the exemption IN IA
vnr of states, territories and the DIS
trict of Columbia, contained IN sec
ton 6 of the act of March 3. 1903.