declared unconstitutional state legislation of this character in what were known as the "Passenger Cases." The specific statutes affected were enacted by the legislatures of New York in 1829, and Massachusetts in 1837. Later, other statutes were brought up for review and were likewise declared unconstitutional. The Supreme Court decision contained the following unusual recommendation: "We are of the opinion that this whole subject has been confided to. Congress by the Constitution; that Congress can more appropriately and with more acceptance exercise it than any other body known to our law, state or national; that, by providing a system of laws in these matters applicable to all ports and to all vessels, a serious question which has long been a matter of contest and complaint may be effectively and satisfactorily ended." The states, of course, feared the congestion of population which actually took place later, and sought a remedy in legislation. Only those races pre-disposed to agricultural or mining activities like the Germans and some of the Irish and Swedes were willing to go far from the point of entrance into the country. This has always been true, and has made a more rational distribution of immigrants difficult. But state laws alone could not satisfactorily regulate so important a matter as immigration.

THE "KNOW NOTHING" PARTY

With the growth of the "Know Nothing" Party from a state secret society to one of national importance, the need for federal legislation gained much publicity. In 1856, the party succeeded in nominating Fillmore to the Presidency on the following platform: (1) Americans must rule their own country. (2) Native-born citizens for all offices. (3) Twentyone years of residence a requisite for naturalization, and (4) all paupers and persons convicted of crime to be excluded from the country. On account of a minority in Congress little in the way of effective legislation came from the programme of this party. Before new forces were set in motion, the country was plunged in Civil War and of necessity forgot immigra

Jenks and Lauck, The Immigration Problem page 374.

tion problems. The only legislation emerging from the prewar period had to do with the improvement of steerage conditions. This was the law of 1855, and, such as it was, it controlled the accommodation of immigrants on ship board until the law of 1882 came into effect. This last mentioned law was of unusual significance since it was the first general immigration law. Its main provisions were: (1) A head tax of fifty cents to be levied on all aliens landed, money thus collected to be used to defray expenses of immigration regulation, and care of immigrants after landing. Only money collected in a given state to be spent there. (2) Foreign convicts, except those held guilty of political offenses, lunatics, idiots and those likely to become a public charge to be prohibited from landing.

There were also provisions for the enforcement of the law. In the main the Secretary of the Treasury was empowered to contract with state officers approved by the Governor to carry out the law within each state.

FURTHER LAWS

Laws enacted in 1886, 1887, and 1888 had to do with the prohibition of alien contract labor, and the deportation of violators of the law. Throughout the years immediately following, there was further agitation for the strengthening of existing laws. A general desire for stricter regulation was apparent. In recognition of this feeling, the office of Superintendent of Immigration was created in 1891, and the control of immigration became definitely a Federal matter; the state officials no longer functioned. Yet the people were not entirely satisfied. In order to meet further popular demands, Congress authorized investigations of the whole subject by joint Congressional Committees, and by the Industrial Commission. These were carried on at times between 1892 and 1902, and resulted in several unimportant changes in the laws and the codification of all legislation between the years 1875 and 1894. At this time came unsuccessful agitation for an educational test for immigrants, the beginning of a long

struggle which culminated in the inclusion of a literacy clause in the law of 1917.

LAW OF 1907

The next significant law came in the year 1907. The Department of Commerce and Labor had been established in 1903, and the Commissioner of Immigration transferred to this department. In 1906, the designation of the office became "Bureau of Immigration and Naturalization," and it was equipped to administer the new law of 1907 whose chief provisions were:

(1) A head tax of $4.00. By previous enactments this tax had mounted from the original fifty cents to $2.00.

(2) Further additions to the excluded classes of (a) imbeciles, (b) feeble-minded persons, (c) children under 17 unaccompanied by adults, (d) persons suffering from physical or mental defects which would prevent them from earning a livelihood.

(3) An amendment to the law excluding prostitutes to include women and girls coming into the United States for "prostitution or for any other immoral purpose."

There was much discussion in Congress over a money requirement and a literacy test, but both came to naught so far as the law was concerned. Many advocated specifying a definite sum of money which must be in the possession of arriving immigrants; twenty-five dollars was often mentioned as a fair amount; but one hundred dollars was also discussed. The underlying thought was always to prevent the immigrant from becoming a financial burden upon the country. The law of 1907 must be regarded as a long step in advance so far as federal control was concerned. Naturalization and immigration were now combined for administrative purposes, an improvement over the former more cumbersome methods.

LAW OF 1910

The next important legislative step to be noted is in the year 1910 when the two sections of the law of 1907 relating to the traffic in women for immoral purposes were amended so as

to be made more drastic. The excluded classes were extended to include "Persons who are supported by or receive in full or in part the proceeds of prostitution." To further this renewed effort to suppress the white slave traffic, inter-state as well as international penalties and methods of enforcing them were provided. The history of the efforts to wipe out this traffic is a dark chapter in the power of human baseness and human greed. Here is a point at which the wayfaring man should be able to see clearly that immigration is a world problem that can be solved only by international arrangements.

LAWS IN REGARD TO ORIENTALS

The laws thus far outlined were enacted with almost exclusive reference to European and American Immigration; there are in addition laws regulating the admission of Orientals and since these belong between 1882 and 1910, they may well be taken up at this point. Exclusion has been the watchword in this legislation, and the law of 1882 provided for the exclusion of all Chinese laborers for a period of ten years. Prior to this, the matter had been regulated by treaty, and by the California legislature. In 1892, the exclusion act was extended for another ten years. In 1902, this law in all its essentials was re-enacted. In 1904 Congress gathered all laws then in force, and not inconsistent with treaty obligations, into one bill known as the Chinese Exclusion Law of 1904. This law is still in force.

The same reasons which led to the anti-Chinese legislation inspired that in regard to the Japanese against whom by the year 1906 feeling in California ran high. Complete exclusion of laborers was demanded. A passport provision in the law of 1907 gave the President power to effect this; he was empowered to refuse admission to any person seeking entrance into the country by way of Canada, Mexico, the Canal Zone or insular possessions. On March 14, 1907, he announced the exclusion of "Japanese or Korean laborers, skilled or unskilled, who have received passports to go to Mexico, Canada, or Hawaii, and come therefrom." This coupled with a "Gentle

men's Agreement" between Japan and the United States, has sufficed to exclude practically all Japanese laborers. Since February 25, 1920, "picture brides" as well are barred out.

ALIEN LAND LAWS

The California Alien Land Laws of 1913 and 1920 have caused friction between this country and Japan, the claim being that they violate treaty rights. The former law makes it impossible for aliens not eligible to citizenship to hold land either by purchase or lease; the latter extends such restriction to American-born Japanese children. This lamentably severe law was due to Japanese evasion of the spirit of the earlier act. Much ado has been made about the California Alien Land Law by those who are not aware that most foreign countries protect their land holdings in the same way.

THE BURNETT BILL-OUR BASIC LAW

The most sweeping immigration legislation on the statute books of the United States is the Law of February 1, 1917, twice defeated and finally passed over the veto of President Wilson and known as the Burnett Bill. A general immigration bill had been vetoed by President Cleveland in 1897 chiefly because of the severity of its literacy test, and during the ensuing twenty years there had been much agitation on the matter finally culminating in the law just mentioned which, as will be observed, was more far-reaching than the inadequate act of 1907. The work of the Immigration Commission had intervened and had shown the need for further restriction, if the best interests of the population already here were to be considered. The crux of the law is the reading test by which aliens over sixteen seeking admission must be able to read between thirty and forty words in ordinary use in English or some immigrant language or dialect. Certain exceptions which will be specified later are

Our most recent law, that of May 1924 to which there will be further reference, abrogates the agreement and excludes all Japanese laborers.