The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1906-12-27
WATSON RIGHT.
Violated No Law in Bringing Im"
migrants on Wittekind.
OPINION RENDERED.

|
son Had a Right to Help
Immigrants Come to
This State.
An importanb 6ecisicn has been
rendered by Secretary Straus. of the
Department e Commerce and Labor,
as to the right CT G S.2te TO induce
immigration to that State, The de-
oisian holds in brief thst In the cir.
eumBtsDcas there liz. no violation Of
the immigration laws or OF the law to
prohibit The iwpcrtationS OF alien
contract laborers in the action Of the
State of Soute Carolina, in this par
ticuIsr case, In encouraging imlnigra.
tion to that State or in paying the
necessary expenses Of the Migrants
in coming to the State.
TIE case on which the decision 10
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 injury
on account Of the lack Of Labor. In
order to relieve this condition of af-
fairl the Legislature OF South Caro-.
Inns passed On, act creating Q State
Department of Agriculture, Com,
meres and Immigration.
e. J. Watson was appointed COM
missioner OF the department.. He
was empowered by the act to make
such arrangements with steamship
companies and the immigration agen-
cies In Ghis country and abroad as
would Gerve best the interests Of sue
cassful immigration, the necessary OK.
psnditure being made from an sppro.
pristion pro ided for the purpose.
The aot suthoriZsd the commissioner
to accept contributions from such ciGi-
zens Of the State % might wish TO a.
sist in bringing such citiEsns OF the
State g might Wish to assist in b1iDg
ing desirable immigrants to South
Carolina.
On November 4. 1905, the steam.
ship Wittekind arrived from Bremen
at tbs port OF Charleaton, s O., haV-
ing on bosrd about ATS aliens dsstEn-
ed to various points in the State Of
South Carolina. About 300 OF these
aliens were induce tU migrate to the
United States by the State of South
Carolina, the State aotIng through
the medium Of its Commission OF ag :
riculturs, Commerce and Immigra
tion, who went to Europe some time
In August for the purpose OF inducing
desirable immigrants to CONT to the
State, the passage money Of the aliens
vas paid by tho State ffom fund,
part of which was appointed By the
State, and the balance being contrib
uted by various corporations and in
divlduals. This fund was expended
solely ct the discretion Of the State
and in 90 doing exercised his own
Judgment as to the person to whom
and the locs5ions to which tho several
aliens should be cent. The aliens
were free to accept or refuge any Of
fers of employment mado to them.
The facts in this case we're broug 1t
to tho attention of the Secretary Of
Commerce and Labor by the iuami-
grafton officers at the port Of Char
lection; 8. O., and he In return refer.
T q the matter to the solicitor OF the
department. for his opinion aS to
whether or not tho action Of the com
missioner of immigration Of South
Carolina in bringing these aliens to
the United States violation Of the
alien 90 tract labor laws The inml'
grafton service was duly notified of
the expected arrival Of the immi
grants In question and the right OF
suoh alien to land was left to the de.
termination of the officers sdmlnis-
tering the Federal immigration laws.
The question of the right of a State
under the national immigration was
raised by the officials OF another
Southern State. It was referred to
the Department of Commerce and La
bor. Rsslizlng its Importance Score.
tary Metcalf referred the legal quee-
tion involved to Solicitor Earle, Of
the department. for an opinion. MIR.
Earle considered very cs:efully the
facts of the case In connection with
the statutes bearing upon it and ar.
rived finally st the conclusion that
there had bean no violation of the ns-
tional law by the authorities Of South
Carolina. The opinion Of Solicitor
Earle goes fully into discussion OF
the lawre pscting Immigration. He
finds that $50 far as the prohibition
against assisting the Importation or
miglation Of foreign laboreZs by
promise of employment through ad.
Vertissments abroad is concerned.
States and Territories are expressly
excepted from the operation Of the
Isw."
He says, further: "By the terms
of the provision, State5 and Tsrritor.
les may offer Inducements or make
promiges to fOralgn lanOrers by ad.