The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-08
Department of Justice.

Washington, March "A statement was
issued by the Department Of iusfi q TO-
day concerning m srlrici rubnsisted 10
President Roose eeif by Attorney General
Bonaparte, as to whether certain immi-
grants who were landed in South Carolina
last fall are legally in this country. The
opinion, in effect. is that the immigrants
were entitled to admission to the United
States and that they are in this country
legally. This opinion agrees with that
rendered on the same case by Solicitor
Earle, of the department of commerce
and labor.
The attorney general holds further,
however, that under the provisions of the
recently enacted immigration act the i'm
migrants in question could have been ex-
cluded
The statement says:
''It apepars from the statements fur
nished by the department OF commerce
and labor that the legislature of the state
created the offices of immigra tion com
missioner and made an appropriation of
$1,000 for It's expenses for the express pur-
pose of encouraging immigrants TO come
into that state. 1t also appears that GER
tain private parties made up a fund.-
amounting to about $4,000, which Is
placed In the hands of Commissioner i.
T. Watson and with these resources he
went abroad and by advertisements and
otherwise collected a considerable num-
Der of laborers or artisans VINO were Will
ing to migrate to South Carolina, Wnere
labor it is understood was In great de-
mand
Agreement as to Passage.
"He paid the passage of these people by
an agreement which was afterward cam
celled. that they should repay him out
of their wages from employment he might
procure for them. Under the terms OF
the agreement signed by the immigrants
and Commissioner Watson the latter
promised to find employment FOR the
former, but the Immigrants themselves
were free to reject any particular Of
fer of employment that might be made
to them.
"The attorney general holds in effect
that the original provisions of the amen
contract labor law of 1850 we're not re-
pealed by the immigration law OF 1908. ana
that after 1903. whenever passage money
had been paid any alien laborer who
come to this country under preVlon
contract to perform labor here sue
alien laborers was not entitled to adlnls
sion into the United States
49, This did not operate how
ever. to include 1aborers In question, pc
cause according TO the coI,s.ruo.,o' '..,
placed upon the act of 1885 by the court
il was an essential condition to viola
tion of that law that the laborers shoui
he under previous enforceaple coutra'
"s. That although the passage OF the
laborers may have been paid In pursuah'
OF an offer or solicitation OF enpio9.ien
and I'm violation of the provision OF
oct of 1902 this would not render
a1ions themselves liable to exclusion,
this act did not contain any proNB
excluding from admission anehs WI
massage money had been paid In "
| ton Of lis provisions
| Permission of State.
a. That it, however the lahore
| question had been otherwise exc
! from admission, the fact that thel
| sage was paid by the commission
/ the state of South Carolina Woui
| have changed the result, since IN u
place the commissioner appafeh.
not act in an official capacity 4
state but under permission OF tn
| ,a act as the representative OF
who contributed money to aid in
! ,n0 over the immigrants. and In
| ond place IL he had acted as sta
missioner and paid the money II
| state treasury, the result apr
would have been the same, as
| exceptions made In the contrac
act in favor of states is the e
wirh reference to advertis -nents
states published In foreign n
| stating the Inducements they
,,,,,Iqrants, and in the other spi
| or the contract labor laws pronH
nersons from prepaying the
money. or otherwise assisting al
ing within the inhibitions of
utes there is no exception made
of any Individual because ne m
ing as the agent Of the stat%.
'.The attorney general hoias
| however thai undet the proVisi
new immigration act which wa
by the President last Mohda.