Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-06-11

Canada protests against the enforce
ment of the United States inmi-
grafton restriction law Of 1924, which
the Department of Labor has taken
three years to discover should be put
into operation against foreigners domi-
ciled in Canada but employed daily in
the United States in competition with
American labor.
There are more than one problem
involved in the present situation. also
several angles from which the law
is viewed. Minister Massey writes a
letter to Secretary of State Kellogg,
in which he cites a treaty known as
the Jay treaty, adopted in 1894, under
which both countries agree to permit
the passing and repassing of the
Imaginary line" between Canada and
the United States. That treaty pro-
videS:
1T is agreed that it shall at all
times be given to his majestry's SUBJ
jects and to the citizens of the United
States, and also to the Indians dwell
ing upon either side of the boundary
line, freely to pass and repass by land
or inland navigation into the respec-
tive territory and countries of the two
parties on the continent of America
The article is intended to
render in great degree the local ad-
vantages of party in common to both
and thereby to promote a disposition
favorable to friendship and good
neighborhood"
That covers three classes of people:
u. Subjects OF his majesty, no matter
Where born; (2) citizens of the United
States, not including mere donliciliary
residents thereof; 81 Indians.
X
The Jay treaty is the supreme
law of the land" as are all treaties.
Congress has no right under the Con.
stltutlon to pass any law superior to
the provisions of an existing treaty.
Therefore, if the Johnson immigra-
ton law of 1924 really violates the
Jay treaty, so much the worse for
that law. 1T can't be done-but here
it is''-If.
The issue is drawn, therefore. on
the question as to what is the proper
legal construction to be put on the
wording of the treaty-"his majesty's
subjects" Canada claims that a Brit
ish-born subject, now domiciled in
Canada, is still one of 'his majesty's
subjects" and, therefore. is entitled
to pass and repass" without being
challenged. He may have Just ar
rived in Canada, having been unable
to get a British visa into the United
States, where he knows wages are
higher per day than they are per
week in England. He is "his maj
esty's subject" therefore, by sleeping
in Canada he can have all the adj
vantages of employment in Detroit or
Buffalo, at American wages. The Jay
treaty of 123 years ago so provides,
if it be read from the Canadian side.
The Johnson immigration law ex-
empts all native-born citizens of any
country in this hemisphere from the
quota provisions applying to Europe.
A project is under consideration for
the next Congress to modify that
"open door" so that quotas will apply
to American countries as we'll as to
European, at 2 per cent of the num-
Der of the respective nationalities al
ready in the United States, according
to the census of 1890. This quota basis
may be changed after the present
national origins" of all American
races, including the descendants of the
colonial Americans. But that does not
appear to affect the present dispute
between Canada and our Department
CT Labor. If 1t be centered on the Jay
treaty, eXempting all British sub
jects." whether born in Canada or
England. Scotland, Wales or Ulster
all being exempt from any limitation
provided they come in through Can
ada and return nightly or each week
end to Canada.
X y X
The prime object of immigration re-
striction is to protect American citi-
zens and residents from competition
of foreigners who do not come here
sharing the responsibilities Of our OBJ
legations of citizenship and supporting
American institutions. The opposition
of the present status Of wage earners
in Detroit or Buffalo who come from
Canada into our labor market and
take the jobs of American wage earn
ers, then go over into Canada to pay
taxes on their homes and to spend
their wages with Canadian merchants,
declares that that practice is the very
antithesis of protection to American
interests and American labor.
4 But 1t has taken the immigration