The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-23
Bonapartt UphOIds Position Of
South Carolina
MAY ADVERTISE ABROAD
The Attorney General Sends Roose-
Velts Reply to Questions Asked
BY Governor Ansel of South
Carolna-States Proviso.

CaroIna-States Proviso.
Washington, March 22.-Attorney Cen
eral Bonaparte has sent to President
Roosevelt answers to various questions
affecting the administration of the i'm
migration laws. propounded by Governor
Ansel of South Carolina. The Attorney
General upholds the legality of a state
in advertising its inducements to immi-
grafton, including a statement of pre-
yalling wages and upholds the legality
of introduction of immigrants where they
al otherwise qualified and had not been
solicited or encouraged except by pay
ment of their passage out of the state )
pubic funds.
The states acceptance of contributions
to the immigration department funds and
advertisement of its Inducements there
with and Its prepayment OF the passage
of aliens would not exclude the immi-
grants. but might render liable to the
law tho parties contributing the money
All these are with the proviso that no
agreement or contract can be entered
into With the changes made by the new
law, aliens are excluded when solicited
by promises or offers even when there
Is no contract or agreement, and while
payment of immigrants passagse from
state funds is not barred, its payment
with funds contributed by any society
or association makes the Immigrants liable
to exclusion. This prohibition does not
apply to contributions of passage money
by individuals as such.
New Law.
The governors letter to the President
bears date of March 1s. The questions
are an outcome of a recent conference
at the White House between the PresI-
dent, Attorney General Ronaparte and
south Carolina officials. Three of thu
governors questions relate to the exist
ing law and the fourth to the new Law,
whfch becomes operative July 49, The
Hrr question asked is whether ii Ia n
Noiation OF the immigration law in force
up 10 the time of the taking effect of
the act of February 70, for state. act
ing through its officers, to advertise its
Inducements and publish abroad the scale
OF wages prevailing within its borders,
providing no contract is entered into In
MS answer the Attorney General after
quoting various sections of the existing
laws, says: ''-is
ne provisions contain substantially
an the law In force at present. and until
the act approved February 20 1907 shall
become effective, In accordance with its
terms that can be material to determine
the answer to the foregoing first cues
slol' therefore reply that 1t is lawful
.oi d state TO advertise its inducements
TO Immigration and to state as part Of
Sucn advertisements
generally prevailing within It's territory.
u being my understanding of the ones
tlon that such advertisements be limited
10 setting forth the inducements offered
py conditions prevailing within the state
TO Immigration, leaving the said immi-
grants TO draw their own conclusions
from such advertisements as to the adyIs-
ability of coming to the said state"
Introduction Lawful.
Answering a second question, the at
torney general says that presuming the
Immigrants qualified in other respects. the
advertisements to be lawful. in accord
ance with the answer to the first oues-
tion and that neither the state nor its Of
ficers, nor anyone else, had otherwise
solicited or encouraged the immigration
except by payment of the immigrants S
passage out of the public funds CT the
state, the Introduction of the Immigrants
would be lawful"
In the third question the governor asked
whether state acting as such, through
Its officers. could accept contributors TO
to the immigrant department fund. rro-
VIded they are contributed free from any
contract or reciprocal agreement, and
with this fund advertise its Inducements
and prepay the passage of aliens, pro-
Vfded they come free from any contract
or agreement. In answering this ques-
tion the attorney general says:
while the parties providing TIE money
for the publication of the advertisements
might be- in my opinion, liable to the pen
alties imposed by section 5 of the present
law, the immigrants themselves upon the
hypothesis Of the third question could
not be excluded"
10 the fourth question whether the fore.
goihg questions would be materially off
ferent after the taking OF the act of
February p last, and (which goes into
effect July ! next. the attorney general
answers in the affirmative. The pro-
visions for the new law, he says change
the present law in two particulars. In
the first place aliens solicited or induced
to migrate by reasons Of offers or prom
fses, even when there Is no contract or
employment. will be excluded. Secoudiy.
the person whose passage money Is oaid
by another must be prepared to show
that it was not paid by a corporation, an
association, society, a municipality or
an individual.