The Washington herald., 1906-12-19
ALIENS CAN COME IN
Contract Labor Law Does
Not Apply to States.
IMPORTANT DECISION GIVEN
Secretary of Commerce and Labor
StFaus Makes Public the Opinion
Handed Down by the Solicitor OF
the Department in the south Caro-
lima immigration Case.

An important decision that viii undoubt-
edIy attract widespread attention, espe-
cialIv in labor union circles. TO the effect
that the prohibitions Of the contract-labor
laws have no direct application either 10
a State. or to an officer Of a State acting
in its behalf and pursuant to its author
ity. was made public yesterday by Oscar
S. Straus. the new Secretary Of Commerce
and Labor The opinion was handed
down by the solicitor Of the department.
and has the approval Of Secretary
Straus.
There is thus settled until further
action, either by the Department of Jus
tice and The Federal courts, a question
that has for some time been a matter
Of controversy between the government
authorities on the one hand and labor
leaders and others opposed 10 unrestricted
immigration on the other
The decision will be Of special inter
est in the South, many States in that
section having passed laws with view
20 attracting desirable immigration. The
decision is based upon the action of the
authorities of the State of South Carolina
in bringing from abroad 500 OF more i'm
migrants for employment in various in
dustries.
All Of these aliens were induced to im-
migrate TO the United States by the State
OF South Carolina. the State acting
through the medium Of its commissioner.
who went To Europe in August for the
purpose OF inducing desirable immigrants
TO come TO the State; the passage money
OF the aliens was paid by the State from
a fund, part of which was appropriated
by the State and the balance being con
tFibuted by various corporations and in
dividuals
Immigration Service Notified.
The immigration service was duly mott
fed Of the expected arrival of the imni-
grants, and the right of such aliens to
land was left to the determination of the
officers administering the Federal immi-
grafton laws The question was referred
TO the Secretary Of Commerce and Labor.
and by him 10 the solicitor Of the depart
ment
After referring TO certain propositions
established by judicial decision, the So
heitor's opinion proceeds.
If the State had undertaken By legfsIa-
ton TO prescribe the condition under
which aliens might be admitted AZ her
ports, 10 grant or deny the privilege of
entry, 10 authorize measures which Con
Sress had denounced or forbid measures
which Congress had sanctioned, or to
regulate in any other way the immigra-
ton or importation OF aliens, such legis-
lation would be void"
The solicitor then proceeds TO show that
the state has done none of these things.
He continues, she has enacted law
designed TO encourage and assist the i'm
migration of foreign laborers TO her terri
tory, on The assumption that this action
on her part was not forbidden by Federal
laws, leaving 70 those laws the determi-
nation Of. whether any foreign laborers
seeking entry should be excluded.
Question to Be Answered.
The question TO be answered. the solic-
ltor says, is reduced 10 this.
Has Congress forbidden the use of the
particular mode of assistance or encour-
agement employed in the present case,
Notwithstanding that State is the actor,
through its authorized agent?"
After pointing out that Congress has
distinctly authorized States and Terrific
ries to encourage the immigration Of for
eign labOrers, especially when such a
policy should seem to be required by
local industrial conditions. the solicitor
concludes rs follows.
The plan pursued, as it is shown TO
have been carried out. does not involve a
violation Of the immigration laws OF the
United States prohibiting the importa-
zion OF contract labOrers"