The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-08-18
CANNOT IMPORT
MEXICAN LABOR
Opinion Rendered by Assistant
Attorney General Robb in
the Matter.
CONTRACTORS TO APPEAL
RAILROADS IN THE SOUTHWEST
WILL LACK LABOR.

Washington Aug. 17.-Acting Attorney
General Charles III. Robb today rendered
an opinion TO the effect that Mexican la
bOrers could not be imported into Texas
under contract work on railroads in that
state and other public construction work
and that the men heretofore so admitted
must be returned 20 Mexico
Appeals will be taken by the Ben
Haney company of Tucson and by j. Il.
HUT and George H Mosher. all named
being contractors who furnished labor to
railroads east and west of Albuquerque
and on the Pacific coast. The question
involved the construction Of the term
skilled labor I'm section of the immi-
grafton act of March 3. 1903. IL being con-
tended by appellants that laborers ordi-
narily employed in he construction and
maintenance of the contractors were
skilled laborers within the meaning OF
the term as used in the act and that if
labor of Ike kind could not be found
unemployed in the United States laborers
OF this class could be imported into the
United States under contract.
Opinion Of Mr.. Robb.
Acting Attorney General Robb in his
opinion says:
THE act was designed and intended
for the protection and security of the
American laborer, whose welfare every
patriotic citizen is bound to promote.
Laws designed for his benefit should. if
possible. be so construed as TO effectuate
rather than retard the objects for which
they are enacted
The legislation with which we are now
concerned has been on the statute books
i'm substantially its present form for more
than twenty years. As previously pointed
out. the original act decided labor into
first denounced the bringing in of either
class under contract For reasons OF pub
lie policy congress then excepted from the
operation of the law skilled labor on new
/ industries WING y
that the law was designed to apply to
unskilled labor only, congress took occa-
sion 20 make clear its intent. The act
of 1903 contains the uneQuiVOCal provision
that the act shall apply to skilled as well
as unskilled labor. In this act. which is
now i'm force. the distinction between the
two classes of labor is still maintained.
1t is therein provided that neither class
shall be brought in under contract.
No Exception Mentioned.
mo exception whatever is contained in
the act in respect to unskilled labor. but
ii is provided that skilled labor may be
imported under certain conditions. That
there is a difference i'm fact and in law
! between skilled and unskilled labor is toe
plain to admit OF argument. 1t must also
be presumed that congress was mindful
of this difference In the enactment Of
this law. 1t is certainly not for the eXecu-
tive department OF the government to null
/ lily the will of congress because declin-
/ ing or failing TO give the words of the
! act their natural and logical import. Es-
! pecially is this true in a case involving
the welfare of such very large mum
/ Der Of our own citizens. Moreover II
/ does not appear that since the enactment
| Of this law In 1885 1t has ever before beer
| contended that unskilled alien contract
! labor could legally be imported.
The determination of the question a.
| to what is skilled and what is unskilleC
/ labor within the meaning the law rest,
| largely with you. | entertain no doubt
/ however. that ordinary hands commonl,
| employed in the construction and main
/ tenance of tracks of railroads are no
| skilled laborers within the meaning of tn,
/ immigration act of March g. 1903. HaV
! ing reached the conclusion that they arr
not skilled laborers. 1t follows from wha
/ I have previously said that such labor
ers may not be imported into this coun
| try under contract I'm any event"
! Immediately on receipt of the opinion
| Acting Secretary Murray of the depart
ment Of commerce and labor dismissed
the appeals of the aliens and ordered then
| to be deported.