El Paso herald. (El Paso, Tex.) 1901-1931, 1915-01-07
ARIZONA NEW
ALIEN LAW VOID
Federal Court Declares the
80 Percent Measure Is
Unconstitutional.

San Francisco, Calf. Jan. THE
Arizona anti-alien employment act
adopted by. the people of the state
al the November election, as an
initiative measure, was declared un-
constitutional null ana void here today
by n special court of three federal
judges, including judge ". H. Sawtelle,
Of the Arizona district.
Intended AS Police Regulation.
The law was intended said the
court, 20 be a police regulation, but
under gIise of police regulation the
state was in effect depriving the COM
plainant of his right to labor, guaran-
teed to him by the 14th amendment.
IF under guise of police regulation
a state can prohibit an employer from
employing more than 20 percent OF
alien labor, it can prohibit him from
employing more than five percent, and
if five percent, any at all
Right to Labor Is Property.
''The supreme court of the United
States recently has held that the right
of labor is a right of property. An
alien cannot be deprived of the right
of property under the constitution OF
the United States"
Injunction Made Permanent.
The court made permanent tempo
rary injunction issued by district judge
Sawtelle, restraining the state of Ari-
iona from enforcing the law.
The case came up from Blsbee when
Mike Riach, an Austrian cook, filed an
application to enjoin his employer,
Bisbee restaurant proprietor, from dis
charging him under the new law.
Judge Sawtelle brought the papers to
California with him and asked two fed
eral judges Of this state to sit with
him in deciding the case.
Another case has been filed from
Phoenix, but will probably not come to
trial at present. 1t was filed by a num-
Der of Chinese restaurant employees,
Of
work had the new law been declared
constitutional.
The so Percent Law.
The law is known as the so percent
law and requires that on all work
where more than five people are en-
ployed, so percent of the employees must
be American citizens. This would have
worked a great hardship on a large
portion of Arizona's population, as the
mines, in particular, are full of foreign
had much difficulty in securing the re-
quired 80 percent of American citizens
for such work. The railroads, also,
would have been heavily Handicapped in
securing section hands.
Protests were made officially against
the law by the British citizens of Ari-
IONA to their ambassador at Washing
ton and by him to the American state
department. On the strength Of this
protest. secretary of state Bryan asked
Gov. Hunt 10 refrain from putting the
measure into operation for a time, but
the governor rejected the request and
signed the election returns.
An official protest from the Japanese
government was being prepared against
the law.
Violates 14th Amendment.
In brief, the court said that the
statute violated the guarantees of life,
liberty and the possession of property
made to all alike, whether aliens or
not, under the 14th amendment to the
United States constitution. The court
also held that if the state of Arizona
eould forbid any employer to hire more
than 20 percent of aliens, it could,
with equal justice. forbid him to hire
one percent. or even an individual alien. /
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