The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-04-02
Continued from Page ~

to- immigration and to contract labor.
Section .. which is the general clause
relating To the exclusion of immigrants.
provides that the following calsses of
aliens shall be excluded from admission
into tine United States; "All idiots, in
Sane persons" ana other specified class
es:" those who have been within one
year from the date of the application
for admission TO the United states, &C.
ported as being under offers solicit--
lions. promises. or agreements to per
form labor or seyicc of some kind
therein and also any person whose
ticket or passage is paid for with the
money of another or who is assisted
by others to come, unless it is atlirma-
lively and satisfactorily shown that
such person does not belong to one of
the foregoing excluded classes provid-
ed that skilled labor may be imported,
if labor of like kind unemployed can
not be found i'm this country and
provided further that the provisions OF
this law applicable to contract labor
shall not be held to exclude profession
al actors" and other specially excepted
persons. Section OF this act makes
! unlawful for any person to prepay tho
! transportation or assist or encourage
the Importation of any alien i'm pur-
suance of any offer, solicitation, pro-
mise, or agreement made previous to
the Importation of such alien to per-
form labor in the United States. Ana
section makes it unlawful and a vio-
lation of section to assist or encour-
age the importation of any alien by a
promise of employment through adVer-
tisements printed and published in a
foreign country, except by States or
Territories, the District Of Columbia,
or other Federal places advertising the
inducements they offer for immigration
By section Sc all inconsistent acts are
repealed with a proviso that the Chi
nese exclusion acts shall not be thereby
affected.
A question of no little intrinsic diff
L fculty, and of great Importance, arises
as to the effect Of this act 1t would
seem. at first sight, that Congress In
tended by it's enactment to provide for
the entire subject of the immigration
of aliens into the United states, Sec
ton of the act contains no reference
to the previously existing laws on the
subject, such as was contained in the
act of 1891 above cited; and the emu
meration in that section of the classes
or aliens to be excluded from the United
States appears on it's face to be ex-
haustivu. These facts suggest very
strongly the necessity of an application
of the well esta blished rule of statutory
construction, which requires that ie-
gislative enactment covering the en-
tire subject matter embraced in pre-
vious statutes and apparently intend
ed by the legislature to embody the
whole law on the subject repeats, by
implication, such preceding enactments,
although their provisions may not be
inconsistent with those of the new law.
The decisions in Daviess " Fairbairn 6
How, 636), and State V. Stoll az Wall,
425), illustrate the application of this
doctrine. If, however, it is to be APP
piled to the statute under consideration
the result must be that between the
date of the latter's approval March 3,
1909 and the date of the approval of
the statute recently enacted February
90 1900 no law existed under which
aliens coming to this country under
contracts of employment could be eth
er excluded or deported for that rea-
son. The right to exclude them de-
pended on the act of 1887; the right to
deport them upon the act of 1888. But
both of these acts We're dependent for
their efficacy upon the prior act Of 1885,
which made the coming of this class
of aliens into the United States unlaw-
full, although it did not authorize their
exclusion or deportation; but, on the
contrary, evidently contemplated thai
they would remain in this country. The
act of 1891 made the payment of the
immigrants passage money by another
prima facie proof that he was con-
tract laborer under the terms of the
act of 1885. If all four of these acts
We're superseded and implicitly repeal
ed by the act of 1908 it would follow
that no law was on the statute book
subsequent to the approval of the last
mentioned act which provided for the
deportation or exclusion of Contract
labor aliens;' for, although that act
. broadened the provisions making the
importation Of this class of aliens a
/ crime, and imposed appropriate penal
> ties on those guilty of the offense, il
contained no provision authorizing theh
!, exclusion from the country or their de-
portation after they had been intro,
s duced. There is, however one provi,
l. sion in section of the law Of 1870,
which indicates that Congress contem
plated the deportation of aliens under
the authority originally conferred by
e the statute of 1888, and therefore die
|, not intend to repeal in toto all Of tn,
axy{gtfVor gta t,,tog On, tho !,