The Montgomery advertiser., 1906-08-18
OPINION OF MIR. ROBE
THE MEXICAN LABoRERs MUST BE
 DEsPORTED.
Acting Attorney General of the United States Says Men Can Not Be Brought Into Texas for
 Railroad Work.


 Washington, Aug. 17.--An important question respecting the importation of labor from Mexico into thS United States for work on railroad construc- tion in Texas. has been determined by the Department of Justice at the in- stance of the Department of Commerce and Labor.
 The question was whether men em-. ployed as laborers on railroad con struction were "skilled'' or "unskilled" in the meaning of the law. The De- partfnent of Justice through an opinion rendered by Acting Attorney General Charles H. Robb. has decided th&t the men are .'unskilied" faborers add that. therefore cannot under the law he tract.
 On June 9. 1906, Doreteo Arellamb, a Mexican. applied for admission at Fl raso. Texas and was debarred by a board of special inquiry on the ground that he was a contract laborer and that his entry into the United States was in violation of the immigration act approved March 1, 1908. An ap- peal was taken at the instance of J. E Hut, who has a contract to fur nish labor to the Atchison, Topeka and Santa Fe Railroad, the Chicago. Rock Island and Pacific Railroad and the Fort Worth and Denver City Railroad, all east or fAuDuquerQue, N M.. anu George H. Bfosher. who Has similar contract for the Atchison. Topeka and Santa Fe Railroad west of Albu- querdue as far as the Pacific coast.
 on June 25. 1905, Sebastian Sotelo was denied admission at Fl Paso by a board of special inquiry under the alien contract labor law. The appeal was Company of Tucson. Ariz.. which has "a contract to furnish labor for the Southern Pacific between Fl Paso and San Jose on coast line and to Fresno on the Valley line. The question in- voIved the construction of the term "sxilled labor. in Section of the im- migration act of March B. 1903, 1t be- ing contended by the appellants that iahorers ordinarily employed in the construction and maintenance of tracks of railroads were skilled laborers with in the meaning of the term as used in the act, and that if labor of like kind could not be found unemployed in the United States, laborers of this class could be imported into the United States under contract.
 Acting Attorney General Robb, in his opinion, says: Tt is probable, ex- perience demonstrated, that very few skilled laborers were brought to this country under the provisions of Section of the act of 1885. For this reason. when the law came to be amended in 1g03 it was not deemed necessary to limit the exception to its operation to new industries as was the case in the original act. In other words. Con- gress, recognizing the vast difference between skilled and unskiIled labor. concluded that it might, with perfect safety. permit skilled labor to be inn ported in ail cases where labor of like kind unemployed could not be found in H~ %awrN L1aak As.n. made in favor of importation of un- skilled labor. Indeed. to rule other wise 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.
 The legislation with which we are now concerned has been on the statute books in substantially its present form for more than twenty years. As pre- viously pointed out, the original act divided labor into two classes, skilled and unskilled. It first denounced the bringing in of either class 'er con tract. For reasons of public policy Congress then excepted from the opera tion of the law skilled labor on new Industries. The courts. having inti- mated that the law was designed to aply to unskilled labor only. Congress took occasion to make clear it's intent The act of 1903 contains the uneauiyo- cal provision that the act shall applv to skilled as we'll as unskilled labor. In this act, which is now in force, the distinction between the two classes of labor Is still maintained. It is therein provided that neither class shall be brought in under contract No excep- tion whatever is contained in the act in respect to unskilled labor, but if Ia provided that skilled labor may he imported under certain conditions l That there is a difference in fact and | in law between skilled and unskilled | labor. Is too plain to admit of argu- ment.
 "It must also be presumed that can.I gress was mindful of this differfence in the enactment of this law. It is certain ly not for the executive department Of | the department to nullify the will of | Congress because declining or falling to give the words of the act their nat | ural and logical import. Especially is | this true in a case involving the well | fare of such very large number of our | own citizens. Moreover. 1t does not | appear that since the enactment of this | law 1t has ever before been contended | that unskilled alien contract labor | could legally be imported
 T entertain no doubt that ordinary | hands commonly enployeo III the con- etruction and maintenance Of tracks | of railroads are not skilled laborers within the meaning of the immigration | act Of March 8. 1908, having reached fhe conclusion that they are not skill cd laborers 1t follows from what have said. that such laborers may | moi he imported into this country un- der contract in any event
 Immediately upon receipt of the opin- ion. Acting Secretary Murray, of Com merce and Labor, dismissed the appeals of the aliens and ordered them to bo deported.