The Birmingham age-herald., 1915-11-02

Washington, November 1,--Upon the complaint of cook in Bisbee, Ariz.. restaurant, the supreme court today annulled as unconstitutional t"n Ari- zona anti-alien labor law, enact lpn3i a year ago by the vote of tn ,tppia under the initiative process of alsiai8 ton.
 The statute required empIf sFa qt more than five persons to enl g act less than so per cent qualified si4f scr8 or citizens. Bike Raich, an eusaa cook. upon being notified he 5lid ' discharged because of the H.rag4 pealed to the courts and when NNai the state took the case to tho 4ltl tribunal.
 The supreme court througl etN Hughes. with Justice Nc stepa alone dissenting, held that
 constitutional rights as an ali
 equal protection of the law,
 anteed by the fourteenth an f-t to the constitution, were vio 0@ h the law, and hence he was CT s}Hl an injunction to prevent the lf ficals from enforcing the court announced that as of it's decision it was not nece
 consider rights under treaties
 ed by the case.
 Similar to Anti-Japanese Legislation
 Because of the similarity of the en- actment to anti-Japanese legislation. the case has attracted widespread att tention ever sinca 1t was instituted iis the federal district court of Arizona, which also held the law unconstitu- tional. II was presented to- the court along with the New York alien labor law, forbidding employment of aliens on public works. The court today, however, expressly distinguished cases of private enterprise from those aris- ing from the expenditures of public moneys.
 '1t is sought to justify this act as an exercise of the power of the state to make reasonable classifications in iegislating to promote the health, safe ty. morals and welfare of those with In it's Jurisdiction. said Justice Hughes. But this admitted authority, with the broad range of legislative discretion that it implies does not go far as to make 1t possible for the state to deny to lawful inhabitants because of their race or nationality, the ordinary means of earning a liveli- hood It requires no argument to show that the right to work for living in the common occupations of the com munity Is of the very essence of the personal freedom and opportunity that 1t was the purpose of amendment to se- cure. If this could be refused solely upon the ground of race or national ity. the prohibition of the denial to any person of the equal protection of the laws would be q barren form of words.
 Undue Discrimination
 ''It is no answer to say that the act proceeds upon the assumption that the employment of aliens unless restrained was peril to the public welfare The discrimination against aliens in tho wide range of employments to which the act relates is made an end in itself and thus the authority to deny to aliens, upon the mere fact of their alienage, the right to obtain support in the ordinary fields of labor is necessarily Involved It must also be said that reasonable classification implies action consistent with the legit- mate interests of the state. and it will not be disputed that these cannot be so Broadly conceived as to bring them into hostility to exclusive federal power.
 State Exceeded It's Authority
 "The authority to control immigration to admit or exclude aliens is vested solely in the federal government. The assertion of an authority to deny to aliens the opportunity of earning a livelihood when lawfully admitted to the state would be tantamount to the assertion of the right to deny them entrance and abode, for in ordinary cases they cannot live where they cannot work. And, if such q policy were permissible. the practical re-
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