Evening star., 1928-12-09
BORDER-CROSS|NG
LEGISLATION ASKED
Davis Seeks Laws in Case
Supreme Court Decides
Against Government.
BY FREDERIC WILLIAM VILE.


pass out of the hands of Congress into
the hands of the United States Supreme
Court, according to revelations just
made by James j. Davis, Secretary Of
Labor. If the court decides the so-called
Canadian border crossing case. now be-
fore it for review, adversely to the
United States Government, the bars on
Americas borders and coasts alike will
be down. in Secretary Davis judgment,
for the admission of certain groups of
aliens practically without limit, includ-
ing Asiatics
Such a development, he declares,
voula practically ''nullify'' the immigra-
ton restriction laws enacted by Con-
Eress IN 1924 Senator johnson OF Cali
iornla and Representative johnson OF
oregon, the respective chairmen of the
senate and House committees on immi-
grafton. have been urged ii a forceful
letter from Secretary Davis not to let
the present short session of Congress
slip by without enacting legislation 10
forestall a possibly untavoraole oeclSion
nv the Supreme Court. Otherwise the
wear 1929. Mr.. Davis foreShadowS Will
he a wear of old-time immigrant lnun-
oation.
Step to End Abuse.
The case regarding whose outcome
Secretary Davis cherishes such anxletles
concerns the rights of aliens who cross
the border from Canada for daily loos
in cities like Buffalo and Detroit, ana
then return to their hcmes in Canada
for ths night. To put a stop to indis-
crininate abuse of this privilege. the
Department of Labor on April l, 1921
issued the now-famous general order
No. s6. The purpose OF the order was
to require aliens entering the united
States subsequent to June 80. 1924 tine
date of our new immigration law, Tor
the object of engaging in existing em-
ploynent or seeking employment in this
country. to be considered as aliens OF
the immigrant class. The order was de-
signed to rob these chens of the rank
of persons visiting the United States
temporarily as tourists, or temporarily
for either business or pleasure. General
order No. 86 was aimed primarily at
European and other aliens, who desired
to circumvent the quota restrictions OF
the American immigration law oy quail
fying as Canadian citizens ana tnen
being able to cross the Yankee border
like CanadianS-without restrictions OF
nvikind.
FORTHWITH a determined effort was
made TO break down the application OF
general order No. IS. Aliens of Euro
mean countries. who were residing IN
Canada. were used to test its validity
in court. Mary Cook, a British sub
iect, and Antonio Danefon, a natural
lied citizen of Canada and British
subject. were arrested by the United
States immigration authorities on De-
cember /, 1927. Mary Cook, residing IN
Canada and intending to remain there.
crossed the border seeking employment
In the United States. Antonio Danelon
worked at Niagara Falls, N. Y, but lived
in Canada.
Gain Freedom on WritS.
The arrested aliens procured their
release on writs Of habeas coruus, ana
on petition of the United States, they
were subsequently proceeded against IN
the Federal District Court in Western
New York That tribunal sustained
the attitude of the immigration authori-
ties, dismissed the habeas corpus writs,
end remanded both Mary Cook and
Antonio Danelon to the custody OF Fed
eral officials. for exclusion to the coun-
try (Canada) of which they were resi-
dents. On Miss Cooks behalf the
celebrated Anglo-American So-called
jaw treaty Of 1874 was invoked. Under
this treaty, which has never been re-
voked, British subjects and AmerISon
citizens, as we'll as Indians dwelling
on either side of the boundary, are
granted the right freely to pass ana
%1a Nonodfar1 border
The United States was thereupon
compelled to defend its position Sec
ond time when the Cook-Danelon case
was taken on appeal to the Federal
Circuit Court of Appeals for the WeSt-
ern District of New York. This court,
on March 5, 1928, reversed the action
of the lower Federal tribunal. Its md
ing was based on the contention that
the Jay treaty, being still In force. de-
prived citizens of Canada OF the char
acter of immigrants within the mean
act. AS a result of the Court OF Ap-
peals' decision, hundreds of aliens have
been admitted as border-crossers under
writs from the district courts, but under
bonds to the courts to abide the f1nal
Supreme Court decision on the disputed
question.
Decision MOmentOus.
In the course of his letter to Sen
ator johnson and Representative john
son, Secretary Davis says: IF the anal
action of the Supreme Court be sucn
that the decision of the Circuit Court
of Appeals remains in effect, 1t Is the
Department of Labors view that the
decision will be of serious and far-
reaching effect upon the administra-
ton of the immigration laws. The de-
ciSion is momentous, first because 1t
declares that the Jay treaty OF 1874
was not terminated by the War OF 1872.
If the Supreme Court leaves the Court
offAppeals' decision in effect, the con-
sequence will be, in the opinion OF the
Department of Labor, that not only
British subjects of the black and white
races. but also those of the Oriental
races, except Chinese laborers. can
enter Canada and then Immediately
gain admission to the United States
as border -crossers for an indefinite
period. They would be able to indulge
In this privilege without regard to the
immigration laws, which forbid the
admission as immigrants Of persons by
race ineligible for citizenship.
;'The other reason why the Circuit
Court of Appeals decision is serious
and of far-reaching effect is that it
legalizes the entry into the United
States of any alien who is a Canadian
citizen as visiting the United States
temporarily for business" even though
such alien only crosses the border by
day TO work and returns to Canada to
live at night. To accord the term visit
ing the United States temporarily for
business a meaning so broad as to in
clude the aliens just described appears
to be unwarranted and unjustif1ed.
The term temporary is so flexible and
re-entry under the same conditions so
practically be of permanent duration.
Having to depart only so often that
the stay could be considered temporary,
say, every six months, great influx
of foreign laborers, even into the in
terror cities. could be expected. If the