Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-04-10


/ to cause II. the contribution of money
To be used for such advertisements,
with knowledge on the part of the
contributor that the money was to be
put to this use, would amount, in my
opinion, TO encouraging or assisting
Immigration in the form prohibited by
section 6. That the advertisement was
actually inserted by public officer
under the authority of state statute
would not. In my opinion, relieve the
| person who furnished the means to
pay for the advertisement from the
consequences of his act so far as he
/ was concerned, the public official in
sorting the advertisement must be
deemed his agent for the purpose above
described II, therefore, as | under
stand to be the hypothesis of this
question, the money contributed by
private persons were given with the
knowledge that II would and the inten-
ton that It should be used to pay for
the advertisement, and if the advertise
men were one which could not be law
fully published by such private persons,
this contribution would bring the ad-
vertisement within the prohibition OF
section 6 and render the parties con-
tributing liable to the penalties provid-
ed by section 3: whether the advertise
ment did or did not come within this
description II would be very difficult to
. determine without seeing its precise
! language.
With respect to the Immigrants.
I however. the case would he different;
there If nothing In the act OF 1903, or
In any previous act. which would
authorize their exclusion from the
country because their immigration was
induced by advertisements, or, indeed,
by the solicitation or promise of EN-
ployment in any FORM unless there
was an enforceable contract existing
ut the time of their application for ad-
mission requiring them to render SER
vice IA laborers While, therefore, the
/ parties providing the money for the
publication of the advertisements
might be, In my opinion, liable to the
penalties imposed By section ., the
! immigrants themselves, upon the
hypothesis of the third question. could
/ not he excluded from the United States,
/ and their admission would be lawful.
| In the foregoing answers 10 refer
cnce has been made to a provision in
the act of 1903 to the effect that skilled
labor may be imported II labor of the
like kind unemployed can not he found
in this country. assume that the in
Quiries Of the governor relate wholly
10 the importation either of unskilled
! labor or of skilled labor when labor OF
like kind can be found unemployed in
this country.
The fourth question Is:
"Will the answers To the foregoing
! questions be materially different after
the taking effect of the act approved
the Goth day of February, 1907; and II
different, In what respect?'
: This question must be answered in
the affirmative. Section 2 of the act
approved February 20. 1907, provides
that the following classes of aliens
shall be excluded from admission into
the United states: "All idiots, Inn
beetles, reeblc-mindcd persons, cpl
| leptics, insane persons" and a large
number of other catCgOrlcs Of undCsir.
able immigrants: and includes among
the classes of aliens to be excluded the
following:
Persons hereinafter called contract
labCrcrs, who have been induced or 500
licited to migrate to this country by
offers or promises of employment or
! In consequence Of agreements, oral,
written, or printed, express or implied,
20 perform labor In this country OF any
kind. skilled or unskilied:"
and also
ANY person whose ticket Is paid for
with the money o. another o. who Is
assisted by others to come, unless IL Il.
aflirmatiyely shown that such person
does not belong To one OF the foregoing
excluded classes, and that said ticket
or passage was not paid for by any
corporation, association, society, mu-
nicipulity, or foreign government, eth
or directly or indirectly"
These provisions change the law In
two particulars: In the first place,
aliens solicited or induced to migrate
by reason Of offers, or promises, even
when there Is no contract Of employ
ment will be excluded after this act
takes effect. At present, although
their importation IL unlawful and sub
Jects the parties responsible for II To
punishment, the aliens themselves ara
allowed to enter. Secondly, the per-
son whose passage money Is paid by
another must be prepared to show, not
merely that he does not come within
any of the cate2ories of immigrants 10
be excluded, but also that his passage
was not paid by corporation, an as
sociatiOn, Il society, municipality, or
a foreign government; and this pro-
vision against such payment by any OF
, the agencies mentioned Is effective
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