Evening star., 1926-02-16
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HELD |NFLEX|BLE
Officials Cannot Admit Prom
inent Persons and Bar
Poor, Experts Declare.
BY DAVID LAWRENCE.

Every time there's an outburst in
New York or elsewhere over the oper-
alton Of the immigra ton law the De-
partment of Labor here sits back and
steels itself against the shower of
criticism that comes Its way-and
then quietly calls the critics atten-
ton to the infieXibility of the statutes.
How can a law ever be written
which will permit the rich and promi-
nent to escape technicalities and at
the same time bar the humble and
low? That's the conundrum which
officials here challenge the critics to
solve. For in the case Of Lady Cath
cart, as we'll as in number or others
In which the principals are well
known, the department here has had
no alternative but to apply the law lit
orally.
Law Is Emphatic.
There are many people seeking ad-
mission to the United States who
have been guilty Of immoral acts.
The Federal law doesn't say that the
Government can condone "A few Of
lenses nor does it permit discretion
as between a person who is gener-
ally of bad reute and one who is
otherwise of good repute, but has
been named as the guilty party in a
divorce case. And members of Con-
gress would hardly try to write an
amendment to the present law which
would make 1t keep out undesirable
aliens and at the same time admit
those of high station.
The theory back of the law is. of
course, not so much, as the London
critices have said, to place America
on a higher moral plane than other
countries. Basically the state has
no particular interest in the social
code only as 1t relates to public ex-
pense and taxation. The entire fab
riC Of law in this regard rests on the
idea that an immoral person is likely
to become a burden on the state in
one way or another, and that crime
and other interferences with the nor
NAL life Of the state are liable TO
arise il an undesirable class is ad-
mftted.
Thousands Have Been Barred.
Thousands of persons have been
refused admission in the past because
Of moral delinquency. The pubilc
never hears about ii till some prom1-
nent person is involved. Virtually
the same kind Of criticism results
when any one is excluded for preach
ing bolshevism abroad.
The alien laws state that any one
guilty of preaching a doctrine OF reNo-
luton by force cannot be admitted
Scores of revoiutioniSts and anarChists
have been kept out. But when some
publicist or noted person from that
school of thought tries TO enter Ellis
Island there's TRADE Of criticism
about the law. Secretary Kellogg OF
the Department Of State has said that
he doesn't see why the same defense
of aliens of low rank isn't made by
the champions of people who happen
to have the funds to make a legal
fight. He insists that the law permits
no discrimination in excluding aliens
The Department of Labor is up
against the same proposition every
day and in cases, too, that are IN no
way related to moral turpitude. The
immigration law is full of TECHNICAL
ties. 1t was written so as to limit the
number admitted Officials concede
that 1t works hardship, but an execu-
tive department cannot make new
laws. 1t can only administer and en-
force laws already passed. If the law
is wrong in the Cathcart case, Con
gress alone can change il. but the
cha nces are few members would care
to sponsor a change in the law 80 as
to permit one type of alien to be pre-
ferred over another in the uncertain
and indef1nable realm of what consu-
tutes violations Of the moral code.
Copyright. ls@6l