The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-06-28

tract law Of widespread interest has just
been handed down by Secretary Straus
Of the Department Of Commerce and
Labor acting upon the opinion Of Attor-
ney General Bonaparte
Il clearly determines the right Of lith-
ographic employees TO make contracts with
foreign photographic artists, and holds
that such artists are not excluded from
admission 20 the United States By the
contract-labor law.
The decision is declared by James s.
Lehmaier, counsel for the American Lith-
ographlc Company. which made the con-
tract with the foreign artists. TO be the
most important decision affecting the
alien contract law which has been rem
dered
The law provides that professional ac-
tors, artists, lecturers, and other persons
belonging to recognized learned profess
sions may be brought to the United States
from abroad under contract, and further
provides that skilled labor may De i'm
ported if labor Of ike kind unemployed
cannot De found In this country. The At
torney General, in his opinion which has
just been made public. says:
"As the appeal should clearly be sus-
tanned on the second ground upon the ev-
idence submitted, l deem # unnecessary
% determine whether the appellants are
artists
The evidence is so free from contradic-
ton that. were the case being tried by a
judge and jury. the court would be
obliged 20 direct a verdict for the aliens.
Their counsel al the hearing before the
board Of inquiry called officers Of five DIFF
ferent Hthographic companies to testify
% the scarcity Of photographic artists in
this country.
"AU Of these witnesses swore that the
demand for high-grade photographic ar
lists was constantly increasing in this
country. The work, however. has been
going abroad because the lack Of skilled
photographic artists. according to the
statements OF these witnesses. prevents
IL being done IN this country"
Increase in Importations.
Counsel for appellants has also put in
evidence a report OF the Bureau Of Sta
tistics showing that the value Of litho-
graphic importaions has increased from
under S1J9o10 Tor the fiscal year ending
June 80. 1SS. 20 approximately S27oooo)
for the last fiscal year. This development
has been gradual and steady. every year
showing an increase over the year before
and the figures for the first nine months
Of the current fiscal year shows a still
further increase.
This testimony % the scarcity Of labor
lis practically unc0ntradicted. Counsel for
the Lithograph Artists EnEravers and
Designers League, attempted 70 show
that the difficulty IN securing men was
due 10 a strike which had been declared
in August. 1906. This idea Is negauved
by the statements Of the witnesses above
referred to. 90 the effect that the shortage
existed several years prior to the time the
strike was declared Nowhere IN the
record IS there a sc!ntilla OF evidence even
tending 90 contradict this.
Richard Kitchalt president Of the Ma
tional Lithograph Artists, Eugrave-s and
DESIGNERS League. testified that there
were about 90 members of his crEaniza-
ton unemployed In the United States and
that this was a sufficient number 20 MI
an vacancies and 10 meet the demands %
the photographic business. Counsel for the
aliens then put I'm evidence a circular Is
sued. with the knowledge Of Mr.. Kitchalt
bv the national advisory board OF the
Lthograph Artists. EngraveTs and De-
siguers' League. of which be admitted he
was the head. which ran in part as fol-
lows:
Not Enough Men.
The employers own figures show that
the number Of men they lack in the art
department is actually greater than the
whole number now out. 50 that were the
strike 90 De settled tomorrow. there
would not be enough men 10 III all Va
cancies'
In view Of this statement issued with
his authority by a board, Of which he was
the head Of his testimony TO the contrary
is entitled 20 but little weight
i, therefore, advise you that the record
YOU have submitted shows beyond any
reasonable doubt that there are not in the
country AT this time sufficient number
Of photographic artists employed and un-
employed TO meet the demands OF the
business The decision Of the board Of
special inquiry should, therefore, be re-
versed, and the aliens admitted