Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-05-11
PER CENT LAW
MEANS MISERY
FOR THE ALIEN
BY Frederick j. Haskin

by Frederick j. Haskin
Washington, d. c., May 1O.-The
United States is operating under an
immigration law restricting the
number of immigrants from any
country to three per cent of the
number of persons of that national
NY settled in this country at the
time OF the census of 1910.
lhls law was essential following
the end of the war. With Europe
LAID waste, poor, its money greatly
appreciated, with little outlook OF
nope for millions of the poorer
classes, 1t was known that these
millions would look to the western
world-the United States first-as
o land of promise, where they might
i've and work. But in such cases.
American citizens had to be looked
AFTER first. Foreseeing the end of
the war boom to business and man
ufacturing, the congress decited
10 protect American labor from
cheap foreign competition.
A law Of this sort, naturally hits
hard in individual cases. Excluded
aliens, or those ordered deported,
may appeal from these orders in
many cases, the appeal being made
TO the labor department. Until
comparatively lately, these appeals
nave gone to the secretary of labor.
j. j. Davis, or the assistant secre-
tary OF labor, T.. j. Henning. Sol
great has this volume of business
become, however, that board of
review has been appointed, which |
passes upon all such cases. recon-
mendng the final action which still |
rests In the hands OF the executive |
heads of the labor department.
This board is faced with a tre-
mendously hard and unpleasant set
or duties. Practically every APP.
pealed alien case has behind 1t a
dramatic, pathetic, or tragic phase
which. cannot help but make an
appeal to anyone whise heart is not
or granite. But the sworn duty of
this board of review is protection
OF the United States and its citizens.
AS IN any court Of law, the single
case before the board is not the
sole consideration. II a point or
TWO is stretched here and there.
while 1t may be and usually is the
humane course to take, it estab-
fishes precedent which lawyers
would not be slow to use to the ut
most limits in future similar cases
before the board. The board is
faced with the necessity of appear
ing, on occasion, to be cold and
heartless toward some allen indi-
vidual or family, but the underly-
ing reason is for the benefit Of
hundreds of thousands Of other in
dividuals and families.
Propaganda Is Used
The present immigration statute
has been the target of propaganda
by special racial interests which
have been hard hit by 1t. Also
manv of the cases of appeal are
by lawyers. SO often
lawyers will make heart stirring
appeal to allow some alien, or
dcred deported. to remain in this
country. The order has been H.
sued because the alien. who may
be one of family of perfectly ac-
ceptable immigrants. Is defective
mentally or physically. 1t is eaqy
for lawyer to dwell upon the un-
disputed fact that the hundred
million odd people of the United
States are not going to be harmed
by admitting this one man-hoy
or girl--and thus prevent misery
and heartache in breaking up q
family.
1t would be the easy way AID
the way dictated by considerations
Of humanity and compassion to ,et
this one alien remain. Also, ii
falls within the discretionary pow
ars the law gives to the secretary
Of labor But one decision Of This
sort would bring down upon tne
heads of the members of the board
m avalanche Of similar cases. with \
the reproach fingers of the Law
yers in the cases pointing to this
single decision as precedent
which should be followed. II
Unfortunately for the peace of
mind Of the labor department and
The board of review, not all of the
steamship companies have tried
hard to assist in carrying out the
law. Aliens in excess of national
quotas have been brought in,
These poor people must be sent
back. The discretionary powers of
the labor department do not ex-
tend so far that utter disregard of
the law may be included. The Of
Tending steamship lines now have
TO bear the expense of carrying
these bewildered people back to
their starting point The saddest
feature Of the whole thing, per-
haps, Is the fact that these helpless
people, who have looked forward
for years to coming to this land
OF promise. unable to comprehend
anything about the whole business,
are sent back to the misery they
have tried and failed to leave he
hind them.
The steamship companies were
greater offenders under the old
laws than they are at
present. That is because under
The so-called "3 per cent law" the
fine for bringing to this country
every alien certain to be turned
back Is the sum of 5000. Under
he old law the fine was only sl0e,
Ind the steamship company could
keep the passage money and even
make charge fer taking bacit
ne aliens refused admission at
american ports, or ordered deport-
ed after their cases have been ex-
lmined. The new law compels the
steamship companies not only TO
'efund the passage money orig
nally received, but to take the un-
desirable aliens back to the point
where they boarded the ship, en-
rely free of charge. Naturally,
With a dead loss facing them, tie
ines have been more careful about
low they fill their steerage spaces
With this human freight.