The San Francisco call., 1907-01-31
FOREIGN LABORERS
ARE NOT BARRED
Secretary Straus Decides
That Law Does Not Pro
hibit Importation of Aliens
QUOTES OLD RULING

Considerable comment was occa-
stoned in labor circles yesterday by a
cablegram from Honolulu stating that
the Hawaiian immigration Society had
chartered a steamer for $4,000 to con-
vey 1000 laborers from Spain to Homo
lulu to work in the sugar and other
plantations there. United States I'M
migrant Commissioner North was asked
whether this Proceeding was not in
violation OF the alien immigrant laws.
He replied that he had no official
knowledge of the Hawaiian project, but
that. under a circular issued December
IS OF last year by Secretary Straus of
the Department of Commerce and La
Dor. such action would not be a viola
tion OF the law The circular contains
the opinion of Charles Earl. solicitor
for that department, in the matter of
importing contract laborers into South
Carolina in 1904. 1t appears that the
agricultural and manufacturing in
dustries. particularly that of cotton
spinning. were languishing by reason
OF q dearth OF leborers, which resulted
in the passage of a law by the Legis-
lature creating a State Department OF
Commerce and immigration, looking to-
ward the inducement OF desirable i'm
migration. f. J. Watson was appoint
ed commissioner. He went to Europe
and placed representatives IN Client.
Middleburg, Berlin. Copenhagen. Glas-
cow and Stafford, supplied with litera-
ture descriptive of South Carolina, its
opportunities and the schedule Of
wages in various industries. Nearly
SOC laborers from Belgium, Holland
and Germany signed contracts with
Watson. agreeing to accept the scale OF
wages, Watson in turn agreeing to ad-
vance their passage money and give
them employment in South Carolina.
Most or them went to work in cotton
mills. but about one hundred were
placed with farmers. contractors and
tradesmen. In commenting upon this
case. Solicitor Earl says:
So far as the prohibition against assisting the
Importation immigration Of foreign laborers
ments sb-osd Is concerned. States and Territories
are expressly excepted from the operation or the
law But does not the exception go further ana
exempt States and Territories. at least by imph-
cation. from the operation OF the section directed
against assisting the importation or lmml lgratlOn
Of foreign laborers in pursuance Of any oner, so
lfcitation promise or agreement 10 perform labor
in the United States? There would seem 10 be
no reason why the exception should not apply in
well the other. In view OF the
common object OF both provisions This eonclu-
sion Is almost unavoidable when consideration Is
given TO what is necessarily involved IN the ex-
ceptiOn as expressed BY the terms OF the pro-
visO. States and Territories may Offer Induce
ments or make promises 10 foreign laborers by
advertisement printed and published In foreign
countries and they not forbidden 70 assist in
the immigration OF rhe foreign laborers TO. whom
such offers are addressed. The fact Is
that by this proyiso Congress has distinctly au-
thorized States and Territories 10 encourage the
immigration OF foreign lab0rers when such pol
icy should 10 be required by local Industrial
conditions. And since Congress must have con
fempsted the actual immigration and employ
ment % such laborers IL must be held To have
authorized also the adoption and use of all rea-
sonsble and necessary measures looking 10 the
assembling of such INN mgrants abroad. their
transportation 10 this country and their distribu-
tion smong the industries OF the state OF Terri
t0ry-such prscticsl measures. in other words
SIS may be appropriate for the protection Of the
migrant. the one hand and for needs OF the
State Territory the other.