The free lance. (Fredericksburg, Va.) 1885-1926, 1906-12-20
NAYNCUCE EMIGRATION
South Carolina Did Not Violate Law
BY Paying Their Expenses.
AN IMPORTANT DECISION
Department Of Commerce and Labor
Gives a New Interpretation Of the
Alien Contract Labor Law.

Washington. Dec. 19.-An important
decision has been rendered by Secre-
iary Straus, OF the department OF com
nerce and labor. as to the right OF
state 10 induce immigration 10 that
state The decision holds in brief.
that in the circumstances there is no
violation OF the immigration laws or of
the law 10 prohibit the importation of
alien contract laborers in the action
OF the state Of South Carolina, in iris
particular case. in encouraging immi-
grafton 10 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 We're
in danger OF material injury on &C
count OF the lack of labor In order
TO relieve this condition OF affairs. the
legislature of South Carolina passed
an act creating a state department of
agriculture. commerce and immigra'
ton. F.. J. Watson was appointed
commissioner OF the department. He
was empowert by the act TO make
such arrangements with steamship
companies and the immigration agen-
cies in this country and abroad as
would serve best the interests of sue
cessful immigration. the necessary ex-
penditure being made from an appro-
priation provided for the purpose. The
act authorized the commissioner to ac-
cept contributions from such citizens
of the state as might wish to assist in
bringing desirable immigrants TO South
Carolina.
On November f. 1906. the steamship
Wittekind arrived at the port OF
Charleston. s c.. having on board
about AS aliens destined to various
points in the state of South Carolina.
All of these aliens were induced TO
migrate to the United States by the
state of South Carolina. the state act
ing through the medium of its com
missioner of agriculture. commerce
and immigration. who went to Europe
some time in August for the purpose
of inducing desirable immigrants 70
come to the state; the passage money
If the aliens was paid by the state
from a fund, part of which was appro-
Driated by the state and the balance
being contributed by various corpora
lions and individuals. This fund was
expended solely at the discretion OF
the state officials and not under the
direction of the contributors.
The question of the right OF a state,
under the national immigration laws. !
to encourage immigration was raised !
by the officials OF another southern |
state. II was referred to the depart /
ment of commerce and labor. Realizing /
its importance. Secretary Metcalf re-
ferred the legal question involved 10 |
Solicitor Earl of the department for |
an opinion Mr.. Earl considered very /
carefully the facts of the case in con |
nectiOn with the statutes bearing upon |
II and arrived finally at the conclusion |
that there had been no violation of the /
national law by the authorities of |
South Carolina. The opinion OF Solici- /
tor Earl goes fully into a discussion OF
the law respecting immigration. He
fnds that 80 far as the prohibition
against assisting the importation or
migration of foreign labOrers by prom
Use of employment through advertise
ments abroad is concerned. states and
territories are expressly excepted from
the operation of the law" He saws
further "By the terms of the proyisc,
states and territories may offer in
ducements or make promises 10 foreign
laborers. by advertisement printed
and published in foreign lands. and
they are not forbidden to assist in
the migration Of the foreign laborers
to whom such offers are addressed"