Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1915-11-04
ANTkALIEN LAW INVALID.


States has ruled that states cannot
make legislation that is discrimina-
tory against aliens. It holds that
aliens are entitled to the same pro-
tection of the law that is accorded
citizens Of the United States. The rul-
4rg n In connection with the Arizona
anti-aten labor case. Arizona passed
legislation restricting the percentage
OF alien labor employed on any job
requiring more than five employees.
Twenty per cent Of alien help was the
maximum allowed under this law
The case was fought and carried
through the usual channels to the
highest court In the land. Justice
Hughes wrote the opinion of the court
as follows:
TT is sought to Justify this act as
IAN exercise Of the power of the state
to make reasonable classihcatlons IN
'lertxlattnQ TO promote the health,
safety morals and welfare Of those
sithin its jurisdiction, but this admit
ted authority with the broad range OF
legislative discretion that 1t implies,
docs not 70 so far as to make 1t pos.
sible for the state to deny to lawful
Inhabitants, because of their race OF
NATIONALITY. the ordinary means OF
earning a livelihood. It requires no
arrnnoent to show that the right to
work for living in the common occu-
pations Of the community IS OF tne
yerv essence of the personal freedom
and opportunity that It was the pur.
poee az amendment to secure. IL
this could be refused solely on the
ground Of race or nationality, the pro-
IN nv nQT2Nn
of the equal protection OF the laws
would be barren form OF WORDS
1T is no answer to say. as II IS ar
|gued, that the act proceeds on the as.
sumption that the employment OF
aliens unless restrained was peru
to the public welfare. The discr1ml-
nation against aliens tn the wide range
pf employment to which the act re-
lates Is made an end In itself ana thus
the authority to deny to aliens, on the
mere fact Of their alienage, the rlgnt
to obtain support In the ordinary
fields Of labor is necessarily involved.
It must also be said that reasonable
classification implies action cons1s.
tent with the legitimate interests OF
The state, and 1t will not be disputed
that these cannot be SO broadly con
kceived as to bring them INTO nos'ii-
0ty to exclusive federal power.
"The authority to control immlgra-
tien-to admit or exclude aliens-s
vested solely in the federal govern
ment. The assertion OF an autnor1ty
to DENY to aliens the opportunity OF
earning a livelihood when lawfully a.
mttted to the state would be tanta-
mount to the assertion OF the r1gnt
to deny them entrance and aDooe, LOT
in ordinary cases they cannot i've
where they cannot work. Ana, II sucn
q policy were permissible, the practlce
would be that those lawfully admltteo
to the country under the authority OF
the acts Of congress, instead OF Gu
loving in substantial sense ana III
their full scope the privilege CONFER
red by the admission, would pc sesre
gated in such Of the states as cnose
to offer hospitality. 49,
eve have frequently SAID that 'ne
legislature may recognize degrees "
evil and adapt its legislation accolo'
incly. but underlying the classlnca.
tior is the authority to dea! Win tna'
which at which the legislation ID ainr
ed. The restriction now sought 70 W
sustained Is such as to suggest no nn.
q 10 the states power Of exclud1hs
.Iiena from employment If the prlh
cinle underlying the prohibition OF the
act ia conceded. No special puDhc
tnt.rast with respect to any parucu'
~ h,,s;ness is shown that could pos
. lah he deemed to support the enact
s .on+ Tor az we have said, it relates
to every sort. The discrimination ;a Is
~ ,;rs+ aliens as such in competition
Nth citizens in the described range
Of enterprises and in our oplnlo44; o !,
clearly falls under the condemnation
Of the fundamental law.
Il sioux city this summer commenced