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THE IMMIGRATION COMMISSION.

Senator WILLIAM P. DILLINGHAM, Representative BENJAMIN F. HOWELL.

Chairman. Representative WILLIAM S. BEN NET.

Senator HENRY CABOT LODGE. Representative JOHN L. BURNETT.

Senator ASBURY C. LATIMER.° Mr. CHARLES P. NEILL.

Senator ANSELM J. McLAURiN.6 Mr. JEREMIAH W. JENKS.

Senator LE ROY PERCY.C Mr. WILLIAM R. WHEELER.

Secretaries:

MORTON E. CRANE. W. W. HUSBAND. C. S. ATKINSON.

Chief Statistician: FRED C. CROXTON.

Extract from act of Congress of February 20, 1907, creating and defining the duties of the Immigration Commission.

That a commission is hereby created, consisting of three Senators, to be ap- pointed by the President of the Senate, and three Members of the House of Representatives, to be appointed by the Speaker of the House of Representa- tives, and three persons to be appointed by the President of the United States. Said commission shall make full inquiry, examination, and investigation, by subcommittee or otherwise, into the subject of immigration. For the purpose of said inquiry, examination, and investigation said commission is authorized to send for persons and papers, make all necessary travel, either in the United States or any foreign country, and, through the chairman of the commission, or any member thereof, to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary cleri- cal and other assistance. Said commission shall report to Congress the con- clusions reached by it, and make such recommendations as in its judgment may seem proper. Such sums of money as may be necessary for the said inquiry, examination, and investigation are hereby appropriated and authorized to be paid out of the " immigrant fund " on the certificate of the chairman of said commission, including all expenses of the commissioners, and a reasonable compensation, to be fixed by the President of the United States, for those mem- bers of the commission who are not Members of Congress ; * * *

0 Died February 20, 1908.

6 Appointed to succeed Mr. Latimer, February 25, 1908. Died December 22, 1909.

c Appointed to succeed Mr. McLaurin, March 16, 1910.

II

IIST OF REPORTS OF THE IMMIGRATION COMMISSION.

Volumes 1 and 2. Abstracts of Reports of the Immigration Commission, with Conclusions and Recom- mendations and Views of the Minority. (These volumes include the Commission's complete reports on the following subjects: Immigration Conditions in Hawaii; Immigration and Insanity; Immi- grants in Charity Hospitals; Alien Seamen and Stowaways; Contract Labor and Induced and Assisted Immigration; The Greek Padrone System in the United States; Peonage.) (S. Doc. No. 747, 61st Cong., 3d sess.) Volume 3. Statistical Review of Immigration, 1819-1910— Distribution of Immigrants, 1850-1900. (S. Doc,

No. 756, 61st Cong., 3d sess.)

Volume 4. Emigration Conditions in Europe. (S. Doc. No. 748, 61st Cong., 3d sess.) Volume 5. Dictionary of Races or Peoples. (S. Doc. No. 662, 61st Cong., 3d sess.) Volumes 6 and 7. Immigrants in Industries: Pt. 1, Bituminous Coal Mining. (S. Doc. No. 633, 61st Cong.,

Volumes 8 and 9. Immigrants in Industries: Pt. 2, Iron and Steel Manufacturing. (S, Doc. No. 633, 61st Cong., 2d sess.)

Volume 10. Immigrants in Industries: Pt. 3, Cotton Goods Manufacturing in the North Atlantic States— Pt. 4, Woolen aud Worsted Goods Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 11. Immigrants in Industries: Pt. 5, Silk Goods Manufacturing and Dyeing— Pt. 6, Clothing Manufacturing— Pt. 7, Collar, Cuff, and Shirt Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 12. Immigrants in Industries: Pt. 8, Leather Manufacturing— Pt. 9, Boot and Shoe Manufac- turing—Pt. 10, Glove Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 13. Immigrants in Industries: Pt. 11, Slaughtering and Meat Packing. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 14. Immigrants in Industries: Pt. 12, Glass Manufacturing— Pt. 13, Agricultural Implement and Vehicle Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 15. Immigrants in Industries: Pt. 14, Cigar and Tobacco Manufacturing— Pt. 15, Furniture Man- ufacturing—Pt. 16, Sugar Refining. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 16. Immigrants in Industries: Pt. 17, Copper Mining and Smelting— Pt. 18, Iron Ore Mining— Pt. 19, Anthracite Coal Mining— Pt. 20, Oil Refining. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 17. Immigrants in Industries: Pt.21, Diversified Industries, Vol. I. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volume 18. Immigrants in Industries: Pt. 21, Diversified Industries, Vol. II— Pt. 22, The Floating Immi- grant Labor Supply. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volumes 19 and 20. Immigrants in Industries: Pt. 23, Summary Report on Immigrants in Manufacturing; and Mining. (S. Doc. No. 633, 61st Cong., 2d sess.)

Volumes 21 and 22. Immigrants in Industries: Pt. 24, Recent Immigrants in Agriculture. (S. Doc. No,

633, 61st Cong., 2d sess.)

I Volumes 23-25. Immigrants in Industries: Pt. 25, Japanese and Other Immigrant Races in the Pacific J Coast and Rocky Mountain States. (S. Doc. No. 633, 61st Cong., 2d sess.) * Volumes 26 and 27. Immigrants in Cities. (S. Doc. No. 338, 61st Cong., 2d sess.)

Volume 28. Occupations of the First and Second Generations of Immigrants in the United States— Pe- cundity of Immigrant Women. (S. Doc. No. 282, 61st Cong., 2d sess.)

Volumes 29-33. The Children of Immigrants in Schools. (S. Doc. No. 749, 61st Cong., 3d sess.)

Volumes 34 and 35. Immigrants as Charity Seekers. (S. Doc. No. 665, 61st Cong., 3d sess.)

Volume 36. Immigration and Crime. (S. Doc. No. 750, 61st Cong., 3d sess.)

Volume 37. Steerage Conditions— Importation and Harboring of Women for Immoral Purposes— Iminf* grant Homes and Aid Societies— Immigrant Banks. (S. Doc. No. 753, 61st Cong., 3d sess.)

Volume 38. Changes in Bodily Form of Descendants of Immigrants. (S. Doc. No. 208, 61st Cong., 2d sess.>

Volume 39. Federal Immigration Legislation— Digest of Immigration Decisions— Steerage Legislation,,

1819-1908— State Immigration and Alien Laws. (S. Doc. No. 758, 61st Cong., 3d sess.) \ Volume 40. The Immigration Situation in Other Countries: Canada— Australia— New Zealand— Argen* \ tina— Brazil. (S. Doc. No. 761, 61st Cong., 3d sess.)

Volume 41. Statements and Recommendations Submitted by Societies and Organizations Interested in the Subject of Immigration. (S. Doc. No. 764, 61st Cong., 3d sess.)

Volume 42. Index of Reports of the Immigration Commission. (S. Doc. No. 785, 61st Cong., 3d sess.)

lit

LETTER OF TRANSMITTAL.

THE IMMIGRATION COMMISSION, Washington, D. C., December 5, 1910. To the Sixty -first Congress:

I have the honor to transmit herewith, on behalf of the Immigra- tion Commission, a report entitled " The Immigration Situation in Other Countries." This report is a review of the more important features of the situation in Canada, Australia, New Zealand, Argen- tina, and Brazil. That part of the report which deals with Canada is a revision of a report entitled " The Immigration Situation in Canada," which was transmitted to Congress by the Commission, April 1, 1910, and printed as Senate Document No. 469, Sixty-first Congress, third session. The part of the report relating to Australia and New Zealand was prepared under the direction of the Commis- sion by Mary Helen Eagan, and that part relating to Argentina and Brazil by Mary Mills West.

Respectfully, WILLIAM P. DILLJNGHAM.

Chairman.

CONTENTS.

THE IMMIGRATION SITUATION IN CANADA.

Page.

INTRODUCTORY 3

CHAPTER I. Immigration to Canada:

Canada's immigratipn policy 5

Immigration expenditures 7

Sources of Canada's immigration 9

Occupations of immigrants 14

Homestead entries 16

Irish immigration 17

Juvenile immigration 19

Assisted immigration 20

Immigration to Canada for the fiscal year 1910 21

CHAPTER II. Immigration to Canada from the United States:

Recent immigration 25

Homestead entries 30

Earlier immigration 31

The return movement 32

Canadian expenditures in the United States 32

CHAPTER III. Immigration to the United States from Canada 35

CHAPTER IV. The Canadian immigration law:

Excluded classes , 41

Discretionary authority granted officials 44

Rejections at ports of entry 47

Deportation after landing 48

Medical officers and their duties 56

Contract labor 57

Protection of immigrants 58

CHAPTER V. Oriental immigration :

Chinese immigration 62

Chinese in transit 65

Japanese immigration 65

Hindu immigration _ 72

CHAPTER VI. Foreign elements in the population of Canada 77

APPENDIXES 81

LIST OF TABLES.

TABLE 1. Canadian immigration expenditures, fiscal years 1898 to 1908 7

2. Canadian immigration expenditures outside of Canada, fiscal years

1898 to 1908 8

3. Immigration to Canada from the United States and United King-

dom, and Canadian expenditures in such countries, fiscal years

1901 to 1908 8

4. Total immigration to Canada from July 1, 1900, to March 31, 1909,

by race or nationality 10

5. Immigration to Canada from European countries where immigra-

tion effort is made, by race or people 11

6. Immigration to Canada from European countries, in eluding Syria,

where no immigration effort is made, by race or people 11

7. Immigration to Canada from the United States in the years 1908 and

1909 and the period 1901 to 1909 12

8. Immigration to Canada from Asiatic countries, by race or people, in

the years 1908 and 1909 and the period 1901 to 1909 12

9. Total immigration to Canada, by specified countries or groups of

countries, in the years 1908 and 1909 and the period 1901 to 1909. . 12

v

VI The Immigration Commission.

Page. TABLE 10. Total European immigration, including Syrian, to Canada and to

the United States, 1901 to 1909. 13

11. Total European immigration, including Syrian, to Canada and to

the United States in years specified 14

12. Occupation of immigrants to Canada, including accompanying

women and children, 1907 to 1909 15

13. Homesteads in western Canada entered for by immigrants, July 1,

1900, to March 31, 1909, by race or country of immigrant 16

14. Total immigrant and nonimmigrant homestead entries in western

Canada, July 1, 1900, to March 31, 1909 17

15. Total immigration to Canada and the United States from Great

Britain and Ireland in the years specified 17

16. Population of Irish birth in Canada and in the United States in

census years specified 19

17. Juvenile immigration to Canada, and application by Canadians for

such immigrants, 1901 to 1909 20

18. Total immigration to Canada for the fiscal year ending March 31,

1910? by race or nationality 1 22

19. Total immigration to Canada, by specified countries or groups of

countries, fiscal years 1908 to 1910 23

20. British and United States immigration to Canada, fiscal years 1908

to 1910 . * 23

21. Total immigration to Canada, 1901 to 1909, by race or country 25

22. Emigration of aliens from the United States to British North Amer-

ica, fiscal years 1909 and 1910, by race or people 28

23. Emigration from the United States to Canada, July 1, 1906, to March

31, 1909 by States ....". 29

24. Number of homestead entries made in Canada by immigrants from

the United States, by States and Territories, calendar year 1909 . 30, 31

25. Natives of the United States in Canada in census years 1871 to 1901,

by Provinces 31

26. Canadian immigration expenditures in the United States, 1901 to

1908 33

27. Total immigration to Canada and number of immigrants on whom a

bonus was paid, by countries, 1905 to 1909 33

28. Natives of Canada, including Newfoundland, in the United States,

in census years 1870 to 1900 35

29. Natives of Canada, including Newfoundland, in the United States

in 1890 and 1900, by race or descent 36

30. Immigration to the United States from Canada in fiscal years 1908

and 1909, by race, people, or descent 37

31. Occupations of Canadian immigrants to the United States in fiscal

years 1908 and 1909 38

32. Total number of immigrants to the United States from Canada in

fiscal years 1908 and 1909, by sex, age, literacy, and amount of money shown 39

33. Total immigrants admitted and rejected under Canadian and United

States laws, fiscal year 1908 47

34. European immigrants, including Syrian, admitted and rejected

under the Canadian and the United States laws in 1908, by race

or people 48

35. Immigration to Canada from European countries where immigration

effort is made, and immigrants from same countries deported after admission, in years specified, by race or people 51

36. Immigration to Canada from European countries, including Syria,

where no immigration effort is made, and immigrants from same countries deported after admission, in years specified, by race or people 51

37. Immigration to Canada from the United States and immigrants de-

ported after admission in years specified 51

38. Asiatic immigration to Canada and Asiatic immigrants deported

after admission, in years specified, by race or people 52

39. Total immigration to Canada and total immigrants deported after

admission, in years specified, by race, people, or country 52

40. Deportation from Canada during the fiscal year 1909, by causes. ... 53

41. Immigrants deported from Canada after admission, by race or

nationality, and cause, fiscal years 1907 and 1908 54

Contents. vil

Page. TABLE 42. Immigrants admitted, and aliens deported after admission, Canada

and the United States, fiscal years 1907 to 1909 55

43. Aliens detained in penal, reformatory, and charitable institutions,

United States, 1908, by class and length of time in country 56

44. Chinese in transit through Canada, via Vancouver, by destination,

fiscal years 1907 to 1909 65

45. Population of Canada, by general nativity, census years 1871 to 1901 . 77

46. Population of Canada, by country of birth, census years 1871 to

1901 77,78

47. Population of Canada, by general nativity and country of birth,

census years 1871 to 1901 78

48. Population of Canada, by race or descent, census years 1871, 1881,

and 1901 . 79

APPENDIXES.

APPENDIX A. The Canadian immigration law of 1906 83

B. Orders in council and regulations, law of 1906 97

C. Official circular of Canadian superintendent of immigration,

' ' in re exclusion of over-seas immigrants " 105

D. Official circular to booking agents in the United Kingdom 107

E. Aims and methods of charitable organizations promoting emigra-

tion to Canada from the British Isles, report by J. Bruce

Walker...... Ill

F. The Canadian immigration law of May 4, 1910 117

G. Regulation and orders in council, law of 1910 141

H. Tfce United States immigration law 145

THE IMMIGRATION SITUATION IN AUSTRALIA,

Australia's immigration policy 161

Assisted immigration 162

Population and earlier immigration 163

Immigration since 1901 164

The British element in Australia's population 166

Immigration by sex 166

Immigration by age 167

The Australian immigration law 167

Penalty for evasion of the law 169

Rejection of arriving immigrants 169

Chinese immigration 171

Chinese in Australia 173

The Pacific Islanders 173

LIST OF TABLES.

TABLE 1. The extent of settlement in Australia in 1907, by States 161

2. The population of Australasia, by colonies, at the specified census

periods 163

3. The ''net immigration" to Australasia for the five decennial periods

ending 1900 and for the year 1901, by colonies 164

4. Nationality of persons admitted to the Commonwealth of Australia,

1902 to 1908, inclusive 164

5. Immigration to Australia from British countries, 1904 to 1907, inclu-

sive 165

6. The population of Australia, exclusive of aborgines, by birthplace,

1901 166

7. Immigration to Australia, by sex, 1904 to 1906, inclusive 166

8. Immigration to Australia, by sex and color, 1904 to 1906, inclusive . . 167

9. Immigration to Australia, by age groups, 1904 to 1906, inclusive 167

10. Persons admitted or refused admission to the Australian Common-

wealth, 1902 to 1908, inclusive ., 169

11. Total number of immigrants admitted and rejected under the Aus-

tralian, Canadian, and United States laws in the year 1908 ... 170

vni The Immigration Commission.

Page. TABLE 12. Immigrants refused admission to the Commonwealth of Australia, by

race, 1902 to 1907, inclusive 170

13. Immigrants refused admission to the Commonwealth of Australia,

by race and cause of rejections, 1902 to 1907, inclusive 171

14. Number of Chinese in Australia in census years, 1861 to 1901 173

15. The number of Pacific Islanders in Australia in 1901, by States 174

16. The arrivals and departures of Pacific Islanders from Queensland

during the specified years 174

APPENDIX. The Australian immigration laws 177

THE IMMIGRATION SITUATION IN NEW ZEALAND,

Character of the population 187

Sources and extent of immigration 188

Sex and age of immigrants 189

Oriental immigration 189

Assisted immigration 189

The New Zealand immigration law: Prohibited immigrants

Exceptions 190

Penalty 190

Liability 190

Rights after conviction 190

Removal 191

Third persons 191

LIST OF TABLES.

TABLE 1. Population of New Zealand, exclusive of aborigines, by birthplace,

April 29, 1906 187

2. Immigration to New Zealand, 1901 to 1908, inclusive, by country of

last permanent residence 188

3. Immigration to New Zealand, by birthplace of the immigrants, 1901

to 1906 188

4. Immigration to New Zealand, by age, 1901 to 1908 189

5. The number of immigrants introduced into New Zealand wholly or

partly at the expense of the State 189

THE IMMIGRATION SITUATION IN ARGENTINA,

Immigration policy 195

Nationality of immigrants to Argentina

Age and sex of immigrants 198

Occupations of immigrants 199

Emigration from Argentina 200

The Argentine immigration law 201

Law regulating colonization 203

Assisted immigration 204

Administration of the law 205

LIST OF TABLES.

TABLE 1. Immigration to Argentine Republic, 1863 to 1908, inclusive, by

nationality 196

2. Oversea immigration to Argentine Republic, 1863 to 1908, inclusive,

by nationality, per cent distribution 197

3. Immigration to the Argentine Republic, 1901 to 1908, inclusive, by

years and nationality 197

Contents. ix

Page. TABLE 4. Number of oversea immigrants to the Argentine Republic, by age

and sex, with or without their families, 1903 to 1908, inclusive.. 198, 199

5. Oversea immigration to Argentina, 1901 to 1908, inclusive, by occu-

pation 199, 200

6. Immigration to and emigration from the Argentine Republic, 1871

to 1908, inclusive ' 200

7. Number of Italians who returned to Italy from the Plata, 1887 to

1903, inclusive 201

8. Assisted immigration to Argentine Republic from 1857 to 1897 204,205

THE IMMIGRATION SITUATION IN BRAZIL,

Immigration policy 209

Sources of immigration 210

Italian immigration and emigration 211

The Brazilian immigration law 212

Immigrants defined 212

Rights of immigrants 212

Nucleus colonies 212

Repatriation 213

LIST OF TABLES.

TABLE 1. Immigration to Brazil, 1820 to 1907, inclusive, by nationality 210

2. Immigration to Brazil, 1820 to 1907, inclusive, by nationality; per

cent distribution 211

3. Emigration from Italy to Brazil, 1878 to 1906, inclusive 211

4. Number of Italians who returned to Italy from Brazil, 1887 to 1903,

inclusive 212

APPENDIX.

Regulations regarding immigration and colonization in Brazil 217

THE IMMIGRATION SITUATION IN CANADA.

THE IMMIGRATION SITUATION IN CANADA,

INTRODUCTORY.

Canada affords an interesting example of a country with a definite immigration policy based on local needs and conditions, and an immigration law sufficiently broad and flexible to permit the effective carrying out of that policy. The Canadian policy is based on the purpose of the government to promote the immigration of settlers for the newly opened agricultural regions of the western Provinces and other parts of the Dominion and to discourage the coming to Canada of such classes of immigrants as tend to congregate in towns and cities.

The United States, the United Kingdom, and certain northern and western countries of continental Europe are regarded by Canada as the sources most likely to furnish the class of immigrants desired, and in them the government carries on a systematic and usually suc- cessful propaganda to promote or direct immigration to the Domin- ion. No effort is made to promote immigration from southern and eastern European countries, and while immigrants from such coun- tries are not specifically excluded by the Canadian immigration law, they are not sought by Canada nor are they desired unless it is clearly shown that they do not intend to become city dwellers.

In earlier years the Dominion shared somewhat in the movement of population from the United Kingdom and northern and western Europe to North America ; but until recently the United States was the destination of by far the greater part of such immigration, a con- dition easily accounted for by the fact that the settlement of the agri- cultural regions of the West was made practicable at a much earlier date in the United States than in Canada. With the opening up of the great areas of agricultural lands in the western Provinces of the Dominion and the extension of the propaganda referred to, immigra- tion increased until Canada is now one of the great immigrant- receiving countries of the world. During the period July 1, 1900, to March 31, 1909, a total of 1,244,597 immigrants were admitted to the Dominion, while during a closely corresponding period, July 1, 1900, to June 30, 1909, the total immigration to the United States was 7,753,816. Considering the population of the two countries, however, the movement to Canada was relatively much greater, the number of immigrants admitted during the period referred to being equal to

26.1 per cent of the Dominion's population in 1901, while the number entering the United States during the fiscal years 1900 to 1909 equaled

10.2 per cent of the population of the latter country in 1900.

The chief sources of Canadian immigration are the United States and the United Kingdom, the former having furnished 393,908, or 31.6 per cent, and the latter 502,264, or 40.4 per cent of the total number of immigrants admitted to the Dominion during the period referred to. During the same period Canada expended more money in promoting immigration from the United States than from the United Kingdom, the amounts being respectively $1,662,000 and

3

The Immigration Commission.

$1,445,500. From 1901 to 1909, inclusive, 71.2 per cent of the total European immigration to Canada originated in those northern and western countries where the Canadian propaganda is carried on, while in the same years only 23.8 per cent of the European immigra- tion to the United States came from the same countries. The large immigration from the British Isles to the Dominion is chiefly re- sponsible for this result, but even where continental European im- migration alone is considered, Canada receives relatively fewer im- migrants from southern and eastern Europe than does the United States.

The movement of population from the United States to Canada and the counter movement from the Dominion to the States are treated in separate chapters. The latter movement is one of early origin, but immigration to Canada from the States is largely a devel- opment of recent years, having grown from 2,412 in 1897 to 59,926 in 1909 and 103,984 in the Canadian fiscal year ending March 31, 1910. In this report the movement from the States is discussed from the Canadian standpoint, but it is the purpose of the Commission to discuss the subject more fully in a subsequent report.

The Canadian immigration law is admirably adapted to carrying out the immigration policy of the Dominion. Under its terms no immigrants are specifically denied admission solely because of their race or origin, or because of the purpose for which they have come to Canada, but the discretion conferred upon officials charged with the administration of the law does make much discrimination entirely possible. With this discretionary authority Canadian officials are able to regulate the admission of immigrants according to the demand for immigrant labor in the Dominion at the time. Moreover, the Canadian immigration department is directed by officials who are largely responsible for the development of the Canadian system for promoting and regulating immigration, and who through ability and long experience have become experts in that field.

This report, which was prepared by Mr. W. W. Husband, one of the secretaries of the Commission, is intended primarily to cover the situation in Canada since 1900, during which time immigration and immigration control have become subjects of great importance in the Dominion. Wherever practicable, comparisons have been made between the immigration laws and systems of Canada and those of the United States, and their effect upon immigration to the two countries.

In presenting this report the Immigration Commission desires to express its appreciation of the many courtesies extended to the Com- mission by the Hon. W. L. Mackenzie King, Canadian minister of labor ; Hon. F. C. F. O'Hara, deputy minister of trade and commerce and chief controller of Chinese immigration ; Mr. W. D. Scott, Cana- dian superintendent of immigration; Mr. L. M. Fortier, deputy su- perintendent of immigration ; Dr. Munro, Canadian medical inspector and immigration agent at Vancouver; Mr. John H. Clark, United States commissioner of immigration, and Mr. Everett J. Wallace, assistant United States commissioner of immigration, at Montreal; Dr. Percy L. Prentis, formerly United States immigrant inspector in charge at the port of Vancouver, and now inspector in charge at Chicago; and Mr. Ralph P. Harrison, United States immigrant inspector in charge at the port of Quebec.

CHAPTER I. IMMIGRATION TO CANADA.

The immigration question in Canada, always vital, has in recent years assumed a place of paramount importance among the problems of the Dominion. This is due largely to the development of western Canada and to the purpose of the government to populate that region with selected settlers. To further this end Canada has developed an immigration policy which is officially expressed as follows : °

1. Money is expended and administration is exercised with the object of secur- ing immigrants whose purpose in life is to occupy farm lands, either as owners, tenants, or laborers.

2. Money is voted and administration is exercised with the object of excluding those whose presence in Canada would tend to add to the congestion of towns and cities.

In pursuance of this policy, organized effort is made to secure immigrants from countries which furnish the classes or races most desired as settlers for the agricultural regions of the Dominion now under development, but no effort is made in those countries which are considered likely to furnish immigrants of the second class re- ferred to.

The European countries favored by Canada in this regard are Great Britain and Ireland, France, Belgium, Holland, Germany, Denmark, Iceland, Finland, Norway, Sweden, and Switzerland, and in such of these countries as permit the promotion of emigration to a foreign country Canada conducts a systematic propaganda to in- duce or direct emigration of the desired classes to the Dominion. Canada's plan of action includes the maintenance of salaried agents in London, Liverpool, Birmingham, York, Glasgow, Aberdeen, Bel- fast, Exeter, Dublin, Paris, and Antwerp, and under the direction of these agents an extensive advertising campaign is carried on. Offi- cially prepared circulars in several languages, attractively setting forth the inducements offered by Canada to agricultural immigrants, are distributed in large numbers ; similar advertisements are carried in newspapers and other publications which circulate among the classes most desired; permanent exhibits of Canadian products are maintained in several cities, and traveling exhibits are sent to various sections of Great Britain and Ireland and to agricultural fairs and other exhibitions throughout the United Kingdom.

Another feature of the propaganda, and one which particularly indicates Canada's desire for immigrants, is the payment of a liberal bonus to several thousand so-called booking agents in the favored countries. These booking agents are for the most part local steam- ship ticket agents, and theoretically the bonus is allowed for the pur-

0 Official circular, Superintendent of Immigration, Canada, June 4, 1909. Ap- pendix C, p. 105.

5

6 The Immigration Commission.

pose of inducing such agents to favor Canada by directing thereto intended emigrants who otherwise might choose- a different destina- tion. The bonus paid is £1 ($4.86) on each person 18 years of age or over, and 10s. ($2.43) on persons between 1 and 18 years.0 In Great Britain it is paid upon tickets to Canada sold to British subjects who have for at least one year been engaged in the occupation of a farmer, farm laborer, gardener, stableman, carter, railway surfaceman, navvy, or miner, and who signify their intention of following farming or railway construction work in Canada. Female domestic servants also are included.6 A like borftis is paid on similar classes of immigrants from France, Belgium, Holland, Denmark, Norway, Sweden, and Fin- land. During the fiscal years 1905 to 1909, inclusive, this bonus was paid on 16.5 per cent of all British immigrants, and on 11 per cent of all immigrants from continental Europe, admitted to Canada.

In England the Salvation Army is utilized as an agency to promote emigration to Canada, and grants of money are made to the army for that purpose. It is stated, however, that the Dominion government has no system of free or assisted passage to Canada, and that no immigrant is ever brought to Canada at the expense of the govern- ment.

For many years Canada has regarded the United States as a desir- able field for immigration effort. The propaganda is conducted under the direction of an official designated as inspector of agencies and press agent, and general agents are stationed in sixteen cities. The efforts of these salaried representatives are supplemented by sub- agents, who are paid a commission of $3 per man, $2 per woman, and $1 per child on bona fide settlers induced by them to settle in western Canada. During the fiscal years 1905 to 1909, inclusive, this com- mission was paid on 5.6 per cent of all United States immigrants en- tering Canada. The subject of immigration to Canada from the United States is discussed at greater length elsewhere in this report.

The British press is relied upon as a factor in promoting emigra- tion to Canada, through news articles relative to the progress and advantages of the Dominion, and also through the publication of let- ters from persons who have settled there. British newspaper writers and other publicity agents are encouraged to visit Canada, and it is stated that much desirable advertising has resulted.

Some years ago Canada inaugurated the plan of sending delegates to Great Britain in the interest of the immigration propaganda, and this practice has been continued. The origin and purpose of this movement is referred to as follows in the official report on immigra- tion by the Deputy Minister of the Interior in 1903 : c

Those delegates, 55 in all, were selected as those having had most successful careers in agricultural pursuits in the West, and who could give their personal testimony regarding the different districts in which they reside. It was con- sidered by the department that although strong efforts had been made to induce people from the British Isles to locate in Canada, the result had not been as satisfactory as might have been expected, and it was felt that a new method for reaching the class of people whom we are desirous of securing should be adopted. No scheme ever attempted by the department to encourage immigra-

0 Appendix D, p. 107.

6 Circular to Steamship Booking Agents in the United Kingdom, Novem- ber 5, 1906, W. D. Scott, Superintendent of Immigration.

c Report of Superintendent of Immigration, Canada, 1903, p. xii.

The Immigration Situation in Canada.

tion has attracted greater attention or has proved as successful as the visit of these farmer delegates.

They left for England in the beginning of February last, and on an average were engaged for periods varying between six weeks and two months in visit- ing the various towns respectively assigned to them. The demand for informa- tion from the delegates was so great that many of them were compelled to remain for weeks at the government agencies. There is no doubt that the most effective work was done in this way, and that as a result no country in the world to-day is better known than Canada is in the old country. The delegates were brought in immediate contact with the people who contemplated removing to another country, and the information imparted by the delegates in these interviews has done more than any other means heretofore employed in remov- ing the deep-rooted prejudices against settlement in Canada and in conveying a correct knowledge of the country. Their visits to the various towns created a most lively interest. They were appealed to by prospective settlers and their lectures and movements were reported by the papers throughout the country.

I certainly attribute very largely the increase in the immigration from the British Isles during the past year to the visit of these delegates, and the results thus obtained have more than compensated for the comparatively small expenditure of public money which it involved.

Concerning this feature of Canada's campaign to promote immigra- tion, Mr. J. Obed Smith, assistant superintendent of emigration for Canada in London, says:0

The continuance of the policy of sending successful farmer delegates to tell their personal story of success has been productive of excellent results through- out the British Isles, and I am of the opinion that the policy in question should be continued next season. Strive as the department does to prepare literature absolutely correct in every detail, there is, perhaps owing to competition from other colonies, a lingering opinion among intending immigrants that government literature requires to be fortified by the personal opinion of some actual set- tler or farmer from Canada, with whom they can converse.

IMMIGRATION EXPENDITURES.

During the fiscal years 1898 to 1908, inclusive, Canada's expendi- tures in promoting and regulating immigration aggregated $6,779,823. Of this amount, $2,500,432, or 36.9 per cent, was expended in Canada, and the remainder in the United States, the United Kingdom, and continental Europe. The geographical distribution of this expendi- ture by years is shown in the following table :

TABLE 1. Canadian immigration expenditures, fiscal years 1898 to 190S.

[Compiled from Immigration Facts and Figures, issued by direction of the Hon. Frank Oliver, Minister

of the Interior, Canada, 1909.]

Fiscal year &

Canada.

United States.

United Kingdom.

Conti- nental Europe.

Total.

1898

$82, 194. 90

$87 000

$61 000

$31 000

$261 194 90

1899...

102, 878. 88

75,000

41.000

37 000

255 878 88

1900

163, 562. 61

112 000

96 000

63 000

434 562 61

1901

147 729.63

144 000

110 000

43 000

444 729 63

1902....

137, 841. 55

178, 000

121, 000

ss'ooo

494 841 55

1903

216,913.74

161 000

205 000

60 000

642 913 74

1904

225 788.50

205 000

236 000

78 000

744 788 50

1905....

354, 556. 69

325, 000

181, 000

111' 800

972 356 69

1906

344 068.23

248 000

148 000

102 600

842 668 23

1907 (9 months)

244 200 76

151 000

174 000

42 000

611 200 76

480, 696. 51

250 000

270 000

74 000

1 074 696 51

2, 500, 432. 00

1,936,000

1,643,000

700, 400

6, 779, 832. 00

a Report of Superintendent of Immigration, Canada, 1909, p. 64.

& The Canadian fiscal year ended June 30 in the years 1898 to 1906, inclusive, and March 31 in 1907 and succeeding years.

79520° VOT, 40 11 2

8

The Immigration Commission.

Assuming that the amount of money expended in Canada repre- sents the cost of regulating immigration, and the amount expended outside of Canada the cost of promoting immigration, it will be seen that the latter was 63.1 per cent of the total cost during the period considered.

The distribution by geographical divisions of expenditures outside of Canada is shown in the following table :

TABLE 2. Canadian immigration expenditures outside of Canada, fiscal years

1898 to 1908, inclusive.

[Compiled from Immigration Facts and Figures, Canada, 1909.]

Country.

Expenditures outside of Canada.

Total.

Per cent of total.

United States

United Kingdom

Continental Europe.

Total....

$1,936,000

1,643,000

700,400

45.2 38.4 16.4

4. 279, 400

100.0

During the fiscal years 1901 to 1908, inclusive, a total of 1,097,689 immigrants were admitted to Canada. The total expenditures of the Dominion on account of immigration during the same period were $5,828,195.61, or $5.31 per immigrant admitted. Of this amount $2,151,795.61, or $1.96 per immigrant, was expended in Canada, or, as previously stated, in the regulation of immigration, while $3,676,400, or $3.35 per immigrant, was expended outside of Canada, or in the promotion of immigration.

The total immigration to Canada from the United States and the United Kingdom during the period above mentioned, compared with the expenditures by Canada in each country on account of immigra- tion, is shown in the following table :

TABLE 3. Immigration to Canada from the United States and the United King- dom, and Canadian immigration expenditures in such countries, fiscal years 1901 to 1908.

[Prom Immigration Facts and Figures, Canada, 1909, and statistical table on page 10.]

Country.

Total immigra- tion.

Total expendi- ture.

Amount per capita.

United States

333,983

$1,662,000

$4.98

United Kingdom

449, 363

1, 445, 000

3.22

It will be noticed that during the period covered by the above table Canada expended a considerably greater sum in the United States in promoting immigration than was expended for the same purpose in England, Ireland, Scotland, and Wales, combined, and also that the cost per immigrant was relatively much greater.

The Immigration Situation in Canada. 9'

The expenditure per capita on immigrants to Canada from conti- nental Europe during the eight years considered was approximately $1.99. The wide difference between per capita expenditures in the United States and the United Kingdom and such expenditures in continental Europe may be accounted for by the fact that Canada makes no so-called immigration effort in several European countries which nevertheless furnish annually a considerable number of immi- grants to the Dominion. Moreover, the United States and Great Britain permit the open and unrestricted solicitation of immigration on the part of Canada, while, as previously stated, some European countries regarded by Canada as sources of desirable immigration do not tolerate a propaganda of that nature.

It is apparent that at present Canada divides the emigrating races of the transoceanic world into three general groups, as follows: First, natives of the United Kingdom and of northern and western continental Europe; second, southern and eastern Europeans; third, the races of the Orient.

The government has a well-defined idea of the desirability of each group as settlers in Canada; and the Canadian immigration act, although excluding no one solely because of his race or nationality,, seems to make possible an effective discrimination among them, As previously explained, every effort is made to induce persons of the first class to settle in Canada. Those of the second group, although admitted in rather large numbers, are not solicited, and, as will be shown later, more or less effective obstacles are placed in their way. Those of the third class are practically prohibited from coming by the Chinese immigration act, and by barriers erected under vari- ous provisions of the immigration law, which will later be discussed in detail.

How Canada has succeeded in attracting immigrants of the races, or peoples desired is indicated by the following tables, which show in detail the racial or national composition of immigration to the Do- minion during the past nine years, during which period the present system of control has been developed.

Canadian immigration statistics are generally recorded by race rather than country of birth, although, as will be seen, territorial rather than ethnological designations are employed to a considerable; extent, and in some instances immigrants are designated by the re- ligious sect with which they are affiliated. Therefore the table next submitted, while not entirely comparable with United States immi-, gration statistics, nevertheless gives a clear idea of the racial distri- bution of recent Canadian immigration.

10

The Immigration Commission.

TABLE 4. Total immigration to Canada from July 1, 1900, to March 31, 1.909,

by race or nationality.

[Compiled from statistical table furnished by Canadian immigration department.]

1 Race or nationality.

Year ending June 30—

Nine months ending March 31, 1907.

Year ending March 31—

Total July 1, 1900, to March 31,1909.

1901.

1902.

1903.

1904.

1905.

1906.

1908.

1909.

Arabian

98 62 3

9 128 65

70 112 11

3

550 59

46 113 46

16 1,759

1

58 81 58

91

1,578 16

48 78 204

107 1,123 27 4 6,926 o 3 47 29 837 981 796 1 2

19 82 322

110 1,355 226 16 5,656 324 266 154

31

208 185

94 229 169 44 1.652 347 303 146

50 563 180

102 2,145 224 10 14,268 321 912 188

4 79 171

2* 1,546 1 1 6,644 4 149

424

1,378 1,180

560 10,413 788 75 62,509 1,001 1,633 774 29 8,297 8,880 6,110 15 2,859 3,890 2,658 3,223 48 12,468

8 30 158 41 16,842 2,768 40,347 5,185 3,244 48,340 12,420 5 2 364 7,895 336 10,259 100 5,807 13

280 3,804

240 9,909 101 27,765 144 254 171 14, 119 1,006 4,910 1,470

377,801 30,184 94,279 c 393, 908

95 161 620

Armenian

Australian..

Austria-Hungary: Bohemian

Bukowinian .

Croatian

Dalmatian

Galician

4,702

6,550

8,382

7,729

Magyar

Ruthenian

Slovak

14

27

82

116

Styrian

Austrian, n.e.s.o. Hungarian, n.e.s. Belgian

228 546 132

320 1,048 223

781 2,074 303

516 1,091 858 2 14

1.324 739 1,106 2 71 18 474 389 18 1,648

4 22 23 2 1,745 254 7,127 387 168 7,959 1,922

562 499 650 5 179 92 297 394 10 1,314

1 1 12

1,899 1,307 1,214 1 2,529 1,884 290 1,212 8 2,671

2 7 5

1,830 595 828 4 56 1,887 160 495 2 1,830

1

Brazilian

Bulgarian

1 2

163 35 3 431

7

Chinese

7 88 25 1 360

Danish

308 223 1 937

417 169 3 1,534

461 281 2 1,743

Dutch

Egyptian .

French

Germany: Alsatian

Bavarian

Prussian

5

13

1,869 193 2,066

11

8 2,966 191 3,727

28 10 2,721 98 7,715 45 413 3,473 354

74 8 1,257 192 1,636 6 35 4,228 495

Saxon

German, n.e.s... Greek

984 81 2,765

1,048 161 1,015

1,889 545 6,584 2,124 46 5,114 2,042

2,363 1,053 7,712

2'1?

11,212 7,601

Hebrew

Hindu

Icelandic

912 4,710 6

260 3,828

917 3,371

396 4,445

Italian

Japanese

Malay

5

Maltese

2

Negro

5 190 57 1,397 8 745 1

42 340 89 1,415 7 725 6

108 1,029 30 876 31 1,033 2

136 3,374 70 1,554 7 1.593 2

73 2,108 65 752 1 376 2

Newfoundland

335 2 1,746 40 274

519 23 1,239 5 669

New Zealand

Norwegian

265

1.015 1 230

Persian

Polish

162

Portuguese

Roumania: Moldavian .

279 272

12 1,292 52

2,467

1 437

Roumanian, n.e.s. (Russia: Doukhobors &

152

619

270

24 1,323

396

204 1,103

431

949

278

Finnish

682

1,734 38 5,505 2

845 11 1,955 10 21 5 2,151 128 369 29

36,694 3,128 10,552 45,229

3

1,049

1,212

669

Mennonites b

Russian, n. e. s.. i Servian

1,044 23

1,887 7 35 10 1,847 150 630 30

49,617 3,998 11,744 43,652

8

3,152 19 46 12 1,802 172 336 357

65.932 5,018 15,846 57,919

11 12 171

1,927 4

23 29 1,077 112 277 232

41,658 3,404 10,729 34,748

10 16 64

6,281 48 76 61 2,132 195 732 489

91,412 6,547 22,223 58,445

43 101 134

3,547 31 53 32 1,135 129 189 236

37, 482 3,609 11,810 59,926

14 32 113

South African

Spanish...

14

485 30 464 37

9,401 933

1,476 18,055

1

1,013 17 1,066 17

13,095 1,311 2,853 26,461

7 2,477 73 847 43

32,510 2,236 7,046 49,473

6

Swedish

Swiss

Syrian

Turkish

United Kingdom: English and

Welsh

Irish

Scotch

United States

West Indies: Bermudian

Jamaican

West Indian, n.e.s

17

52

69

Grand total...

49, 149

67,379

128,364

130,331

146,266

189,064

124,667

262,469

146,908

1,244,597

o Not elsewhere specified. b A religious sect,

c Including 316 United States citizens coming to Canada via ocean ports.

The Immigration Situation in Canada.

11

The following tables show the immigration to Canada in the years 1908 and 1909, and for the nine years ending March 31, 1909, of cer- tain races coming from countries where immigration effort is made; that from countries whose people are admitted to Canada but whose corning is not solicited; the number of persons coming from the United States ; and the number of Asiatics :

TABLE 5. Immigration to Catiada from European countries where immigration effort is made, by race or people.

[Compiled from statistical table furnished by Canadian immigration department.]

Race or people.

1908.

1909.

1901-1909.

United K'ngdom: English and Welsh

91,412

37 482

377 801

Irish

6,547

3 609

30' 184

Scotch

22 223

11 810

94 279

Belgian

1,214

828

6' 110

Danish

290

160

2 658

Dutch

1 212

495

3*223

Finnish

1,212

669

9*909

French . .....

2 671

1 830

12*468

German

a 2 377

&1 340

C17*07d

Icelandic

97

' 35

3*244

Norwegian

1 554

752

10* 959)

Swedish

2 132

1 135

I A' -1 1 Q

Swiss

195

'l29

1 006

Total

133, 136

60 274

582 339

Total United Kingdom

120 182

52 901

602 264

Total others

12 954

7 373

80 075

a Including 2 Alsatian, 7 Bavarian, 5 Prussian.

b Including 1 Alsatian, 74 Prussian, 8 Saxon.

c Including 8 Alsatian, 30 Bavarian, 158 Prussian, 41 Saxon.

TABLE 6. Immigration to Canada from European countries, including Syria, where no immigration effort is made, by race or people.

[Compiled from statistical table furnished by Canadian immigration department.]

Race or people.

1908.

1909.

1901-1909*

Armenian . .

563

79

1 378

Austrian

1 899

1 830

8*297

Bukowinian

2 145

1 546

10 413

Bulgarian

2 529

56

2 85£

Galician

14,268

6,644

62* 509

Greek

1 053

192

2 76ft

Hebrew

7 712

1 636

40* 347

Hungarian

al G98

6599

CQ 881

Italian

11 212

4 228

48 340

Polish

1,593

376

6 807

Roumanian

949

278

3 804

Russian

6 281

3 547

27 765

Ruthenian

912

149

l'633

Syrian

732

189

4 910

Turkish

489

236

1 47ft

Others

635

95

2 895.

Grand total

54,600

21,680

235 07ft

'• Including 321 Magyar.

& Including 4 Magyar.

Including 1,001 Magyar.

NOTE.— During the fiscal year ending March 31, 1910, a total of 208,794 immigrants were admitted to> Canada. O<" these, 103,984, or 49.8 per cent of th^ total, came from the United States; 70,151, or 33.6 per cent, from northern and western Europe; and 28,237, or 13.5 per cent, from southern and eastern Europe* (For discussion of immigration to Canada in the fiscal year 1910, see p. 21.)

12

The Immigration Commission.

TABLE 7. Immigration to Canada from the United States, in the years 1908 and 1909, and the period 1901 to 1909.

[Compiled from statistical table furnished by Canadian immigration department.]

Country.

1908.

1909.

1901-1909.

United States

58, 445

59, 926

393,908

TABLE 8. Immigration to Canada from Asiatic countries, I)}/ race or people, in the years 1908 and 1909, and the period 1901 to 1909.

[Compiled from statistical table furnished by Canadian immigration department.]

Race or people.

1908.

1909.

1901-1909.

Chinese

1,884

1 887

3 890

Hindu

2,623

6

5,185

Japanese

7,601

495

12, 420

Grand total

12, 108

2,388

21,495

TABLE 9. Total immigration to Canada, by specified countries of groups of countries, in the years 1908 and 1909, and the period 1901 to 1909.

[Compiled from statistical table furnished by Canadian immigration department.]

Race, people, or country.

1908.

1909.

1901-1909.

Number.

Per cent,

Number.

Per cent.

Number.

Per cent.

JJorth and west European, including Ice- landic

133, 136 54,600 58,445 12, 108 4,180

50.7 20.8 22.3 4.6 1.6

60,274 21,680 59,926 2,388 2.640

41.0 14.8 40.8 1.6 1.8

582,339 235,076 393,908 21,495 11, 779

46.8 18.9 31.6 1.7 .9

Other European, including Syrian

United States

Asiatic . .

Others

Grand total

262,469

100.0

146,908

100.0

1,244,597

100.0

It appears from the above that during the nine years mentioned 78.4 per cent of the immigration to Canada consisted of races or peoples from the north and west of Europe and from the United States, 18.9 per cent of races or peoples from the south and east of Europe, and only 1.7 per cent was from Asiatic countries. What pro- portion of the immigration of favored classes was induced by Canada's efforts, and how many persons of the classes not favored were prevented from coming because of the indifferent attitude of Canada, or by the barriers erected against them, can not, of course, be determined.

As previously stated, during the fiscal years 1905 to 1909, inclusive, a bonus was paid on 16.5 per cent of the arrivals from the United Kingdom, on 11 per cent of those coming from continental Europe, and on 5.6 per cent of United States immigrants, but it is, of course, improbable that the bonus paid was the determining factor in each case involved.

Whether attributable to Canada's policy or to natural causes, it is noteworthy that so large a proportion 'of the European immigration to the Dominion during the period considered originated in countries where immigration effort is made. The result is even more striking

The Immigration Situation in Canada.

13

when it is considered that the incentive to emigration, as measured by recent immigration to the United States, is much stronger in southern and eastern than in northern and western European coun- tries. The following table, comparing recent European immigration to Canada and to the United States, clearly illustrates the point:

TABLE 10. Total European immigration, including Syrian, to Canada and to the United States, fiscal years 1901 to 1909.

[Compiled from statistical table furnished by Canadian immigration department and from reports of United States Commissioner-General of Immigration.]

Europe, including United Kingdom.

Europe, excluding United Kingdom.

Number and class.

Per cent of total.

Number and class.

Per cent of total.

North

North

Country of arrival.

North

and

and

Other

North and west European and Icelandic.

Other Euro- pean, in- cluding Syrian.

and west Euro- pean and Ice- landic.

Other Euro- pean, includ- ing Syrian.

west conti- nental Euro- pean, includ- ing Ice-

Other conti- nental Euro- pean, in- includ- Syrian.

west conti- nental Euro- includ- ing Ice-

conti- nental Euro- pean includ- ing Syrian.

landic.

landic.

Canada (July 1, 1900, to

March 31 1909)

582,339

235,076

71.2

28.8

80,075

235,076

25.4

74.6

United States (July 1, 1900.

to June 30 1909) .

1,560,219

4,994,163

23.8

76.2

768,214

4,994,163

13.3

86.7

It will be seen that in the past nine years 71.2 per cent of European immigration to Canada was from the northern and western countries, while only 23.8 per cent of persons coming from Europe to the United States were from those sections. British immigration, however, was largely responsible for the preponderance of northern and west- ern Europeans in the movement to Canada, for, as indicated by the above table, 74.6 per cent of the continental immigrants to the Do- minion came from southern and eastern Europe and Syria. But even when continental Europe is considered separately it will be seen that there is a considerable racial difference in the composition of immi- gration to Canada and to the United States.

There is an even more striking difference in the composition of European immigration to Canada and to the United States for the year ending March 31, 1908, during which immigration to Canada reached its highest point, and the year ending June 30, 19073 when the greatest immigration to the United States was recorded, as will be seen from the next table submitted.

14

The Immigration Commission.

TABLE 11. Total European immigration, including Syrian-, to Canada and to the United States in years specified.

[Compiled from statistical table furnished bv Canadian immigration department and from reports of United States Commissioner-General of Immigration.]

Country of arrival.

Number and class.

Per cent of total Euro- pean immigration.

North and west Euro- pean and Icelandic.

Other Eu- ropean, including Syrian.

North and west Euro- pean and Icelandic.

Other Eu- ropean, including Syrian.

Canada (1908)

133, 136 227,851

54,600 971,608

70.9 19.0

29.1 81.0

United States ( 1907)

While these results may be, and doubtless are, due in part to the difference in policy of the two nations, whereby Canada encourages immigration from one section and in a measure discourages it from another, while the United States makes no distinction in that regard, it is altogether probable that the chief reason is of another nature. A large proportion of the immigrants from northern and western Europe are primarily seekers after land, and while the United States was able to present that attraction such immigrants came in large numbers. On the other hand, immigration from the south and east of Europe is essentially industrial, probably because of the fact that since immigration from that section began the demand in the United States has been for industrial workers. In Canada the situation is exactly reversed. The demand for industrial workers is not great, but the opportunities for agricultural settlers in the newly developed country to the west of Ontario are widely advertised, and northern Europeans have responded as they did when similar conditions existed in the United States.

OCCUPATIONS OF IMMIGRANTS.

In an official pamphlet intended for circulation in the United King- dom farmers, farm laborers, and female domestic servants are men- tioned as the only persons the Canadian immigration department advises to emigrate to Canada. All others are advised to get definite assurances of employment in Canada before leaving home, and to have money enough to support them for a time in case of disappoint- ment.0 The pamphlet referred to gives specific advice to persons of various occupations, and is quoted here to illustrate how the Canadian government attempts to promote immigration in accord- ance with the needs of the country, and also to show the means employed to acquaint intended British emigrants with conditions of employment in the Dominion.

Intending agriculturists, tenant farmers, farm laborers, market gardeners, gardeners, persons understanding the care of horses, cat- tle, and sheep, young men desiring agricultural experience, and female domestic servants are advised to emigrate to Canada, and persons with capital are assured that unlimited openings are afforded.

0 " Classes Wanted in Canada," issued by the authority of the Minister of the Interior, Ottawa, Canada, 1909, p. 31.

The Immigration Situation in Canada.

15

On the other hand, clerks, draftsmen, telegraph operators, shop assistants, governesses, nurses, etc., are admonished not to emigrate unless proceeding to assured employment or to join friends.

No encouragement is held out to professional men, especially in cases where immediate employment is desired, and schoolmasters and teachers are warned not to emigrate on the chance of obtaining a situation. The pamphlet further states that there are few openings for civil engineers and architects at the present time, but that the demand for assistant surveyors in connection with new railway sur- veys is good and likely to so continue.

How successful the government has been in inducing the desired immigration, so far as the occupations of immigrants are concerned, is shown by the following table :

TABLE 12. Occupation of immigrants to Canada, including accompanying women and children, 1907 to 1909.

[Compiled from reports of superintendent of immigration, Canada.]

Occupation.

Northern and western Europeans, including Icelanders.

Southern and eastern Europeans, including

Syrians.

United

States.

Chinese, Japanese, and Hindus.

Other peoples.

Total.

Farmers or farm laborers General laborers

60,992 45 882

21,607

48 045

120,450 14 606

2,747 9 652

308 4 732

206. 104 120 917

Mechanics

83 581

14 799

8 518

287

929

108 114

Miners

8'035

1 290

2' 542

86

369

12 322

Traders, clerks, etc

23 503

2 740

4 426

3 599

380

34 648

Female servants ....

16 987

3,853

'329

42

807

22 018

Not classified. .

17 939

4 556

2 248

2 341

837

27 921

Total. ..

256 919

96 890

153 119

18 754

8 362

534 044

Of the total immigration to Canada during the years mentioned 38.6 per cent were classed as farmers or farm laborers, which classifi- cation, as noted, includes accompanying women and children. It will be seen that the United States wasxthe chief source of agricul- turists arriving in Canada during the period, 58.4 per cent of the total number being from that country, while only 29.6 per cent of the whole came from northern and western European countries.

As noted elsewhere, the present movement of population from the United States to Canada is largely composed of farmers and farm laborers and their families, 78.7 per cent of the total during the period covered by the above table being so classified. In the same three years only 23.7 per cent of the immigration from northern and west- ern European countries was of the agricultural class. The widely different character of immigration from the two sources mentioned suggests that cities furnish the greater part of northern and western European immigration to Canada and a very small proportion of the immigration from the United States.

The occupations entered by immigrants after arrival in Canada would be a better index of the result of the Government's efforts to secure permanent settlers for the land, but complete statistical data in this regard are not available. It is stated in a general way in reports of Canadian immigration officials that the great majority of immigrants engage in agricultural pursuits either as farmers or farm laborers, and without doubt this is the fact.

16

The Immigration Commission.

While it is impossible to state accurately how large a proportion of immigrants entering Canada engage in agricultural pursuits, some indication of this is furnished by the records of free land entries in western Canada.

HOMESTEAD ENTRIES.

From July 1, 1900, 'to March 31, 1909, 235,690 homesteads were entered for in the western Provinces, and of this number 156,261, or more than 66 per cent, represent entries by immigrants, practically all of whom came from Europe and the United States. According to the record the average number of persons for each entry was 2.5, and therefore 390,654, or more than 31 per cent of the total immigra- tion to Canada during the period specified, were involved. This does not take into account the large number of European immigrants who became farm laborers, or immigrants particularly from the United States who acquired railway and other land by purchase. The fact that nearly one-third of all immigrants become agriculturists through the medium of free land alone supports the contention that Canada's efforts in this regard have resulted successfully.

The following table shows the distribution of the 156,261 home- stead entries referred to among various immigrant groups :

TABLE 13. Homesteads in western Canada entered for by immigrants, July 1, 1900, to March 31, 1909, by race or country of immigrant.

[Compiled from Immigration Facts and Figures, Canada, 1909, and statistical table on

p. 10.]

Race or country.

Total number of immi- grants.

Immigrant home- stead entries.

Persons involved in homestead entries.

Number.

Per cent of total immigrant entries.

Approxi- mate number.

Per cent of immi- grants of each race or country.

English

a 377, 801 30,184 94,279 393,908 315, 151 33,274

31,759 2,947 8.142 70,182

} 43,231

20.3 1.9 5.2 44.9

27.7

79,398 7,368 20,355 175,455

108,078

21.0 24.4 .21.6 44.5

31.0

Irish

Scotch ....

United States

Continental Europe & . .

All others.

Total ,

1.244,597

156.261

100.0

390,654

31.4

a Including Welsh.

b Including Icelandic and Syrian.

There is a striking preponderance of homesteaders among immi- grants from the United States as compared with those from other countries, nearly 45 per cent of the former being of that class. It will be noted that the English show the smallest percentage of home- steaders of any class of immigrants enumerated, while the percentage among immigrants from the British Isles, as a whole, is considerably smaller than among those designated under " Continental Europe " and "All others." The extent to which United States immigrants have contributed to the settlement of western Canada is shown by the fact that of all homestead entries made by immigrants during the period considered, nearly 45 per cent were made by settlers from the United States.

The Immigration Situation in Canada.

17

The relation of immigrant entries of the various classes to the total number of entries made during the time specified is sliown by the following table :

TABLE 14. Total immigrant and nonimmigrant homestead entries in western Canada, July 1, 1900, to March 31, 1909.

[Compiled from Immigration Facts and Figures, Canada, 1909.]

Class of homesteaders.

Total immigrant and nonimmi- grant homestead entries.

Number.

Per cent of total.

English

31 759

13 5

Irish....

2 947

1 3

Scotch

8 142

United States

70, 182

-29 8

Continental Europe

All others

| 43, 231

18.3

'

Total immigrant

156 261

66 3

Total nonimmigrant

79, 429

33.7

Grand total

235 690

100 0

IRISH IMMIGRATION.

In view of the large increase in the number of English and Scotch immigrants to Canada in recent years, it is noteworthy that Irish immigration to that country is comparatively small. In 1908, when the movement from Europe to Canada reached its greatest height, it included only 6,547 Irishmen to 91,412 English and Welsh and 22,223 Scotch, and in the nine years ending March 31, 1909, the total Irish immigration was only 30,184, or less than the Galician, Hebrew, or Russian immigration to Canada for the same period. It is evident that the Irish immigrant prefers the United States to Canada, for during the nine years ending June 30, 1908, 337,812 persons of that race landed in the United States. This tendency is peculiar to the Irish, for as far as English and Scotch immigration is concerned, Canada is a successful competitor of the United States, as will be seen from the following table :

TABLE 15. Total immigration to Canada (nine years ending March 31, 1909) and to the United States (nine years ending June 30, 1908) from Great Britain and Ireland,

[Compiled from statistical table on p. 10 and reports of United States Commissioner-

Oeneral of Immigration. ]

Race or people.

Total to Canada and United States.

Numbers to

Per cent to—

Canada.

United States.

Canada.

United States.

English and Welsh

698,634 367,996 188,311

377,801 30,184 94,279

320.833 337,812 94,032

54.1 8.2 50.1

45.9 91.8 49.9

Irish

Scotch

Total

1,254,941 1 502,264

752,677

40.0

60.0

18 The Immigration Commission.

It will be noticed that the English and Welsh and the Scotch im- migration to Canada has been somewhat larger than that to the United States during the past nine years, while more than eleven times as many Irish immigrants came to the United States as went to Canada during that time.

The relatively small Irish immigration to Canada as compared with the immigration of other Britons to that country can not be attributed to Canada's lack of effort, for the same systematic cam- paign to secure settlers for the Dominion is carried on alike in Ire- land, Scotland, and England. Placards displayed in the Canadian exhibit at the Dublin Exposition in 1907 indicate that Canada feels the successful competition of the United States in this regard, and attempts to turn the tide of immigration from that country to Canada.

Following are some of the placards refered to:

One of the greatest surprises to United States farmers settling in Canada is the absence of cyclones a'nd drought which they had to contend with in their own country.

If it is your intention to go to America, remember that United States farmers are going- to Canada in great numbers. Canada offers to settlers better in- ducements than any other country in the world.

Canada will receive you with open arms instead of imposing on you an alien tax of $4 per head.

It may be asked : " Why do you use the great number of United States farmers going to western Canada as one of your principal advertisements? " Because it was this movement that woke up the people of the British Isles to the great possibilities of western Canada. Moreover, Canadians themselves only commenced through that great movement of United States farmers to appreciate the value of their own country.

T. P. O'Connor, Esq., says in " P. T. O.", March 9, 1907 : " No fewer than a quarter of a million of Americans are expected to reach Canada from these regions within the present year. And all the people who do go to western Canada are enthusiastic in their praises of the resources, the possibilities, the climate of the country. The old legend that you could find nothing there but arctic cold is exploded; you find, on the contrary, one of the most beautiful and temperate climates in the world, and people are growing rich almost over- night. Such is the demand for land; such is the immense migration."

A picture was displayed purporting to represent Nebraska farmers bound for Canada. In explanation of the illustration was the follow- ing legend :

This picture is reproduced from a photograph taken in Nebraska showing a large number of United States farmers moving to Canada.

BOY: I say, father, are we going to be Canadians when we get to Canada?

FATHEB : .Well, my boy, from wrhat I have seen of that country, its rich lands, big crops, and where the people make their own laws and live up to them, to my mind it is a mighty good country to belong to.

Notwithstanding the efforts of Canada, however, the United States is still the choice of more than 90 per cent of the Irish immigrants landing in North America.

It is interesting to note in this connection that the foreign-born Irish element in the population of Canada has decreased steadily and rapidly in recent years. This is also true of the Irish-born population of the United States from 1890 to 1900, but the downward movement began later than in Canada, and the decrease has been relatively smaller. The table next submitted illustrates the move- ment of Irish-born persons in Canada and the United States at recent census periods.

The Immigration Situation in Canada.

19

TABLE 16. Population of Irish birth in Canada and the United States in census

years specified.

[Compiled from the Canada Year Book, 1908, and the United States census reports.]

Census year

Canada.

United States.

Popula- tion of Irish birth.

Increase (+)or decrease (— ) over preceding census.

Popula- tion of Irish birth.

Increase (+)or decrease (— ) over preceding census.

1870. . .

1,855,827

1871

219,451

1880

1,854,571

- 0.1

1881

185,526

-10.1

1890

1,871,509

+ .9

1891...

149, 184

-19.6

1900

1,618,567

-13.5

1901

101,629

-si. 9

It seems improbable that the marked decrease in the Irish -born population of Canada from 1871 to 1901 was entirely due to death, and, although no reliable data upon the subject are available, it may fairly be presumed that Irish emigration from Canada to the United States has been a factor in producing the result indicated. The table shows, however, that even in the United States there was a consider- able downward movement in the foreisrn-born Irish population be- tween 1890 and 1900.

JUVENILE IMMIGRATION.

The immigration of poor and homeless British children to Canada began many years ago, and is now encouraged and supervised, but not otherwise assisted, by the Dominion government. This juvenile immigration is chiefly recruited from the orphan or industrial homes of the British Isles. The children are sent to Canada by charitable and religious organizations, and are there distributed through various philanthropic homes and agencies. The majority of such children are placed in the families of farmers, and the demand for them far exceeds the supply. It is estimated that during the last fifty years nearly 60,000 juvenile immigrants have been transported to Canada from the British Isles.0

Report of Superintendent of Immigration, Canada, 1909, p. 89.

20

The Immigration Commission.

The extent of this movement in recent years and also the extent of the demand for the immigrant children by Canadians are shown in the following table:

TABLE 17. Juvenile immigration to Canada,, and application ~by Canadians for such immigrants, 1901 to 1909.

[Compiled from report of Superintendent of Immigration, Canada, 1909.]

Fiscal year

Juvenile immigrants admitted.

Applica- tions re- ceived.

1901

977

5,783

1902

1,540

8,587

1903

1,979

14,219

1904

2,212

16, 573

1905

2,814

17,833

1906

3, 258

19, 374

1907 (9 months)

1,455

15,800

2,375

17,239

1909

2,424

15,417

Total

19 034

130, 825

It is said that there formerly existed in Canada a deep-rooted prej- udice against such juvenile immigration, but that this has almost entirely disappeared, and there is now a great demand for these children. The foregoing table seems to fully substantiate the latter statement. According to official reports, the children are especially trained in the British industrial and philanthropic homes with a view to their final emigration to Canada. They are not, however, sent there against their will.

Upon landing in Canada the children are placed in receiving and distributing homes, located in different parts of the Dominion, and remain there until indentured to farmers or others. The guardian- ship of the home over the children is continued to a greater or less degree until a period of apprenticeship is passed, and the children are taught to rely on the homes for advice and assistance. Agents of the homes visit the indentured children periodically. In turn the Canadian government exercises supervision over the receiving and distributing homes and, in a manner, looks after the welfare of the children in their foster homes. This work is carried on under the direction of an official designated as chief inspector of British immi- grant children and receiving homes.

ASSISTED IMMIGRATION.

In addition to the juvenile immigration elsewhere referred to, Canada annually receives a considerable number of British, and particularly English, immigrants, who, by private charity or state aid, have been sent from the mother country. Until last year the Canadian government had practically no part in the selection of such immigrants abroad, -and as a result many were rejected at Canadian ports or deported after landing. In 1908 Mr. J. Bruce Walker, as- sistant superintendent of emigration for Canada in London, made a report upon the activities of the various philanthropic and charitable societies engaged in promoting emigration to Canada, Because of

The Immigration Situation in Canada. 21

the general interest of the subject, this report is printed in full else- where.0 According to the report 12,336 persons were sent to Canada in the calendar year 1907 by London charitable societies alone. As immigration to Canada is recorded by fiscal rather than calendar years, it is impossible to exactly compare the number of assisted im- migrants with the total immigration for any stated period ; but it is interesting to note that the above number is equal to nearly 30 per cent of the total English immigration to Canada in the fiscal period of nine months ending March 31, 1907, or more than 13 per cent of such immigration in the fiscal year ending March 31, 1908. These figures do not include state-aided and rate-aided immigrants, which classes; are described in Mr. Walker's report as follows:

These are the products of the distress committees and of the workhouses. The distress committees are bodies in large centers of population, permitted under the terms of the unemployed workmen's act to levy a small rate as a tax upon the public for the emigration and for provision by employment, or other- wise, of the unemployed in such communities. * * * The distress commit- tees usually operate through some recognized booking agency, providing the fares for the transportation, and leaving1 such booking agency to provide the employment on the Canadian side. There is no supervision of an official char- acter exercised over these emigrants.

No data are available relative to the number of state-aided and rate-aided immigrants sent to Canada.

The general character of emigrants assisted to leave England by the various agencies above mentioned is stated in the report referred to.

Mr. Walker's report resulted in prompt action by the Canadian government, for on April 18, 1908, there became effective an order in council which prohibited the landing in Canada of any person whose passage had been paid wholly or in part by any charitable organization or out of public moneys unless the emigration to Canada of such person had been approved by the Canadian emigration authorities in London.6 This action on the part of the governor in council affords another illustration of the adaptability or the Cana- dian immigration act to meet emergencies.

IMMIGRATION TO CANADA FOR THE FISCAL, YEAR 1910.

The Commission's report upon the Immigration Situation in Canada is based on data covering a period ending with March 31, 1909. After the main part of the report had been prepared certain data became available relative to immigration to the Dominion dur- ing the fiscal year ending March 31, 1910. These data consist merely of figures showing the number and race or nationality of immigrants to Canada during that year, which were made available for the use of the Commission through the kindness of Mr. W. D. Scott, Canadian Superintendent of Immigration.

<* Appendix E, p. 111. 6Appendix B, No. I, p. 97.

22

The Immigration Commission.

The following table shows the character of immigration to Canada for the year mentioned so far as race or nationality of the immigrants is concerned :

TABLE 18. Total immigration to Canada for the fiscal year ending March 81, 1910, by race or nationality.

[Compiled from statistical table furnished by Canadian immigration department.]

Race or nationality.

Number

Race or nationality.

Arabian

14

Japanese

271

Armenian

75

Negro

7

Australian

203

Newfoundland

3 372

Austria-Hungary

New Zealand

82

Bohemian

64

Norwegian

1 370

Bukowinian ..

724

Persian

5

Croatian

74

Polish

1 407

Dalmatian

11

Portuguese..

2

Galician

3>368

Roumanian

293

Magyar

55

Russia:

Ruthenian

568

Finnish

1,457

Slovak

77

Russian, n e s

4,564

Austrian n e s <*

4,195

Servian

76

Hungarian, n. e. s

621

South African.

97

Belgian

910

Spanish

42

Bulgarian .

557

Swedish

2,017

Chinese

2,156

Swiss. .

211

Danish

300

Syrian

195

Dutch..

741

Turkish

517

Egyptian

2

United Kingdom:

French

1,727

English

40,416

Germany:

Irish..

3,940

Bavarian

2

Scotch

14,706

Prussian

12

Welsh

728

Saxon

3

United States

b 103, 984

German, n. e. s

1,516

West Indies:

Greek

452

Bennudian

14

Hebrew

3,182

Jamaican .

43

Hindu . .

10

West Indian, n. e. s

146

Icelandic

95

Italian

7,118

Grand total

208, 794

a Not elsewhere specified.

& Including 186 United States citizens coming to Canada via ocean ports.

By comparison with the statistical table on page 10 of this report it will be noted that 61,886 more immigrants were admitted to Canada during the last fiscal year than during the preceding fiscal year end- ing March 31, 1909. The number admitted during the fiscal year 1910, however, is 53,675 less than during the fiscal year ending March 31, 1908, which was the year of highest immigration to the Dominion.

Immigration to Canada from the United States is chiefly respon- sible for the increase in the total numbers between the fiscal years ending March 31, 1909, and March 31, 1910, the figures for these years being, respectively, 59,926 and 103,984, or an increase of 44,058 in the latter year.

The Immigration Situation in Canada.

23

The movement to Canada during the fiscal year ending March 31, 1910, by geographical divisions, in comparison with immigration from the same countries in 1908 and 1909, is shown by the following table :

TABLE 19. Total immigration, to Canada, by specified countries or groups of countries, fiscal years 1908 to 1910.

[Compiled from statistical tables furnished by Canadian immigration department.)

Race, people, or country.

Number.

Per cent of total.

1908.

1909.

1910.

1908.

1909.

1910.

North and west European, including Icelandic. . Other European, including Syrian. . .

133,136 54,600 58,445 12, 108 4,180

60,274 21,680 59,926 2,388 2,640

70,151 28,237 103,984 2,437 3,985

50.7 20.8 22.3 4.6 1.6

41.0 14.8 40.8 1.6 1.8

33.6 13.5 49.8 1.2 1.9

United States

Asiatic

Others

Grand total.. . .

262,469

146,908

208,794

100.0

100.0

100.00

The most significant fact shown by the above table is the relative decrease of the European elements and the increase of the United States element in the immigration movement to Canada since 1908.

It will be noted that in 1908 northern and western European coun- tries furnished 50.7 per cent of the total immigration, while the United States furnished 22.3 per cent. In 1910, however, 49.8 per cent of the total number of immigrants admitted to Canada came from the United States and 33.6 per cent from northern and western Europe. Immigration from southern and eastern Europe to Canada was rela- tively much less in 1910 than in 1908, the decrease being from 20.8 per cent of the total immigration in 1908 to 13.5 per cent of the total in 1910.

A comparison between British and United States immigration to Canada during the years under discussion is shown by the following table :

TABLE 20. British and United States immigration to Canada, fiscal years 1908

to 1910.

Country.

1908.

1909.

1910.

United Kingdom

120 182

52 901

59 790

United States..

58 445

59 926

103' 984

As previously stated, 1908 was the year of greatest immigration to Canada. In 1909 there was a sharp decline in the total number admitted, immigration from the United Kingdom being particularly affected. There was, however, a slight increase in the immigration from the United States in the latter year. The decline in immigra- tion to Canada between 1908 and 1909 was due to unfavorable con- ditions in the Dominion ; but it is worthy of note that while immi- gration from Great Britain in the latter year fell off, considerably more than one-half the movement from the United States was not checked. Improved conditions in the Dominion in 1910 resulted in an increase in the immigration movement from practically all sources; 79520°— VOL- 40—11 3

24 The Immigration Commission.

but it is a striking fact that immigration from the United States increased 73.5 per cent, while the increase from the United Kingdom was only 13 per cent.

Data are not available to show what each State and Territory con- tributed to the immigration movement to Canada from the United States in 1910. Neither is information relative to the occupation of these immigrants available. The statistics furnished to the Com- mission by the Canadian immigration department, however, show that included in the 103,984 persons admitted to Canada were 63,539 males, 20,725 females, and 19,720 children whose sex is not given. These last figures indicate that a large proportion of the movement from the United States to Canada was composed of families, which substantiates similar statements in this report relative to the immi- gration to Canada in other years.

CHAPTER II. IMMIGRATION TO CANADA FKOM THE UNITED STATES.

For many years Canada has made persistent and systematic effort to promote emigration from the United States to the Dominion. That the propaganda has resulted successfully is indicated by the fact that during the period from July 1, 1901, to March 31, 1909, the United States led all other countries in the number of immigrants furnished to Canada. England and Wales combined was the nearest competitor in this regard, as will be seen from the general statistical table on page 16.

RECENT IMMIGRATION.

The contribution of the countries mentioned to Canadian immigra- tion during the period specified as compared with all other countries is shown by the following table :

TABLE 21. Total immigration to Canada, 1901 to 1909, by race or country. [Compiled from statistical table furnished by the Canadian immigration department.]

Race or country.

Total im- migration.

Per cent of total.

English and Welsh

377 801

30 4

United States

393 908

31 6

All others

472 888

38 0

Total

1 244 597

100 0

The importance of the United States as a field for immigration effort by Canada is clearly understood when it is considered that in recent years nearly one-third of the total immigration into the Do- minion came from the States. Moreover, the class of immigrants furnished by this country is, according to Canadian officials, just the class desired to accomplish the government's purpose of developing the agricultural and other resources of western Canada.

How the campaign to induce emigration from the United States is conducted is shown in the following extract from the annual report for 1908 of Mr. W. J. White, inspector of agencies and press agent, who directs the Canadian propaganda in this country : °

There is not a State in the Union in which Canada is not advertised. The offices of the government are located in the best agricultural sections, with .a view to being in easy touch with the surrounding country so as to make it possible for the agents to cover their respective districts with the least trouble. The offices are located as follows :

M. V. Mclnnes, Sixth Avenue Theater Block, Detroit, Mich.

O. A. Laurier, Marquette, Mich.

Jas. N. Grieve, Spokane, Wash.

0 Report of Superintendent of Immigration, Canada, 1908, pp. 86-^88.

25

26 The Immigration Commission.

J. S. Crawford, 125 West Ninth street, Kansas City, Mo.

T. O. Currie, 108 Third street, second floor, Milwaukee, Wis.

J. M. McLachlan, box 626, Watertown, S. Dak.

E. T. Holmes, 315 Jackson street, St. Paul, Minn.

W. V. Bennett, 315 Board of Trade Building, Omaha, -Nebr.

Chas. Pilling, Clifford Block, Grand Forks, N. Dak.

H. M. Williams, 413 Gardner Building, Toledo, Ohio.

C. J. Broughton, 412 Merchants' Loan and Trust, Chicago.

Benj. Davies, room 6, Dunn Block, Great Falls, Mont.

W. H. Rogers, 316 Traction-Terminal Building, Indianapolis.

Thos. Hetherington, 73 Tremont street, Boston.

Thos. Duncan, 30 Syracuse Bank Building, Syracuse, N. Y.

Geo. A. Hall, 210 House Building, Pittsburg, Pa.

The work of these agents is very much the same in character. At almost all the offices there are one or two assistants, whose duty it is to look after the correspondence, issue the certificate which entitles the applicant to the reduced rates afforded by the Canadian railroads to the actual settler, and give to the caller all available information. At the end of the week the assistant keys the letters received according to post-offices and districts. The agent then selects the district that he should visit during the next or coming weeks and advises one or more of the correspondents that he will meet them and their friends at some given place on a set date, or if this is not possible, when necessary he visits the individual correspondent. He carries with him samples of the grains and grasses of central Canada, has with him a supply of literature, and quotes rates from their home to such a point in western Canada as they may desire to go to. He assists the intending settler by securing him the lowest freight rates for his stock and effects, advises him the best way in which to get cars, and afterwards follows the course of the car to its destination. Very often the male members of the family move in advance of those dependent. When this occurs it is the duty of the agent to assist the family in every way possible in order to get a start.

, During the fall of the year exhibits of grain and grasses, roots, vegetables, etc., with which the agent has supplied himself, are taken from fair to fair and tastefully arranged ; then the agent's time is pretty well occupied in this way for from two to three months. A chain-letter system is adopted, which is very effective in getting the names of those in a neighborhood who would likely be interested in Canada. To the names thus secured literature and circulars are sent, and it is surprising the amount of effective work that is done in this way. It is sometimes the case that the manner in which one State may be worked will differ from another State. In each case, however, the agents keep me advised as to what they feel is the best course to pursue, and I am always prepared to accept and act upon such suggestions as may be safely adopted. In some cases it is found that the management of a fair does not care to allow our exhibits to be placed, but these cases are so rare that it is scarcely necessary to refer to them. In most cases there is no difficulty what- ever in securing space, and in others managements have requested that we exhibit, offering a space free of charge. Generally, however, we rent a space in some building, and sometimes, unable to do this, ground space is rented. On this ground a temporary structure is sometimes erected, and in other cases a tent is secured in which exhibits are placed. It is often necessary, in order to interest people in a certain district, to secure the assistance of one or two or more responsible men. Various ways are adopted in order to do this. One of the best methods is to secure transportation for these people and send them through to our western provinces to report to their friends. The agent fills up his report very carefully, and in this way gets in touch with a good class of people. Again, parties are accompanied as far as the boundary line, as there is a possibility that in passing through some of the Western States towns some of the people who may have been directed by the efforts of local agents to Canada may become interested in American lands.

I referred in my last report to the inducements held out by Texas land agents. The railroad rates from St. Paul, Chicago, Des Moines, Omaha, Kan- sas, Indianapolis, and other points to Texas lands were much lower than those to Canada. The Western Passenger Association, however, has adjusted this, so that the rates are now more even ; therefore some of this difficulty has been overcome. There is still opposition, and considerable of it is owing to the fact that Texas lands are reasonably low in price and an army of agents are

The Immigration Situation in Canada. 27

at work throughout the country setting forth the advantages in Texas from a settler's standpoint.

Besides the inducements held out by landowners in Texas, those offered by holders in Colorado, Montana, Wyoming, and South Dakota were sufficient to arouse a disturbing sentiment amongst possible movers and divert the attention of land seekers. These lands do not carry the advantages that Canadian lands do, but the desire to keep within one's own country is something that is hard to overcome. There is the wish to know what it has to offer before going out- side. It is true that Canada has the " last best West," but there is sufficient of the American West (whatever the character of the land may be) to keep the department and its corps of agents busy in the presentation of the superior advantages and opportunities afforded by Canada.

In addition to the salaried agents mentioned above, the Canadian immigration department is represented in the United States by a large number of subagents in different parts of the country, who, as previously stated, are paid a bonus of $3 per man, $2 per woman, and $1 per child on bona fide settlers induced by them to settle in western Canada.0 Extensive newspaper advertising is one of the chief features of the Canadian campaign in the United States. Concerning this Mr. White says : 6

The country weekly and the farm journals are the principal mediums used. It is found that they reach the class of people mostly desirable as settlers. The city daily and magazine have not been used to any extent, not being found as valuable for reaching the farming public as the others just mentioned. Nearly 7,000 newspapers were contracted with.

In recent years the Canadian authorities have encouraged tours of inspection through western Canada by United States editorial associations and newspaper writers generally, and Canadian rail- ways have cooperated in making such tours practicable. As a result articles and editorials relating to Canada have appeared in many newspapers in different parts of the country. It is stated that the publicity gained by this method has materially aided Canadian agents in the campaign to induce emigration to Canada from the United States.

Concerning the methods employed, and the success of Canada's immigration propaganda in the United States, Mr. White says : 6

It has not been considered advisable to make any changes in the method of advertising. The plan adopted in the early stages of the work, which has brought the number of settlers up from less than 1,000 to nearly 60,000 in the space of nine years, has been considered good enough to adhere to. No other plan can be submitted that would be more effective.

Mr. White's reference to the growth of immigration to Canada from the United States is practically substantiated by statistics, as appears from the following statement showing such immigration since January 1, 1897 : c

1897 2, 412

1898 9, 119

1899 11, 945

1900 (6 months ending June 30) 8, 543

1901 18, 055

1902 26, 461

1903 49, 473

1904 45, 229

0 Immigration Facts and Figures, Canada, 1909.

6 Report of Superintendent of Immigration, Canada, 1906, p. 79.

c Immigration Facts and Figures, Canada, 1909, and statistical table on p. 10.

28

The Immigration Commission.

1905 43, 652

1906 57, 919

1907 (9 months ending March 31) 34,748

1908 58, 445

1909 59,926

Few data are available showing the racial composition of the emi- gration movement from the United States to Canada. Canadian official reports indicate that a considerable proportion of the emi- grants from the middle western States are Germans, Scandinavians, Finns, and other of non-English-speaking races who had previously come to the United States as immigrants. Canada has made special effort to induce former Canadians, and particularly French-Cana- dians, to repatriate themselves, with some measure of success. It is, nevertheless, probable that a considerable number of those composing the movement to Canada are native-born American farmers, who, through the Canadian propaganda, are attracted to the Dominion by the opportunity to secure free or cheap lands.

Beginning with the year 1908, the Bureau of Immigration has kept a record of aliens leaving the United States to settle permanently in another country, and the reports of the United States Commissioner- General of Immigration show that in the fiscal years 1909 and 1910, 64,672 left the United States for British North America. New- foundland is included in this term, but undoubtedly practically all went to Canada. So far as was ascertained, the races participating in this movement were as follows :

TABLE 22. Emigration of aliens from the United States to British North America, fiscal years 1909 and 1910, by race or people.

[Compiled from reports of United States Commissioner-General of Immigration.]

Race or people.

1909.

1910.

Total.

African (black) .

77

107

184

Armenian

20

15

35

Bohemian and Moravian .

48

23

71

Bulgarian Servian and Montenegrin

144

190

334

Croatian and Slovenian

97

288

385

Dutch and Flemish

176

191

367

East Indian

8

17

25

English

1,747

1,828

3,575

Finnish

371

550

921

French . .

237

207

444

German

3.445

1,296

4,741

Greek .

355

184

539

Hebrew

246

405

651

Irish

511

498

1,009

Italian, North

539

667

1,206

Italian South

2,100

1,326

3,426

Japanese .

31

15

46

Magyar

399

284

683

Polish .

371

370

741

Roumanian ....

106

48

154

Russian

1,017

1,157

2,174

Scandinavian

4,179

2,403

6,582

Scotch

740

782

1,522

Slovak

36

286

322

Spanish

63

62

125

Syrian

63

72

135

Turkish

30

26

56

Welsh

69

58

127

Other peoples

1,380

195

1,575

Not specified

11,873

20,644

32,517

Total..

30,478

34, 194

64,672

It will be noted that the race to which these emigrants belonged is reported in less than half of the cases, but so far as this information

The Immigration Situation in Canada.

29

is available Scandinavians, Germans, Italians, English, Russians, and Scotch are the most important elements. It will be understood that the figures in the preceding represent persons who have not become naturalized in the United States and that account is not taken of United States citizens by birth or naturalization.

Many of the emigrants dispose of their land or other property in the United States before emigrating, and Canadian officials estimate that in the fiscal year 1909 the United States immigrants brought to Canada, in stock, cash, and effects, upwards of $60,000,000.°

As already stated, the middle western States are the chief source of the emigration to Canada. Data covering any considerable period of time are not available, but the following table will show which States were the largest contributors to the movement in the fiscal years 1907 to 1909:

TABLE 23.— Emigration from the United States to Canada, Juy 1, 1906, to March

31, 1909, by States.

[Compiled from statistics furnished by Department of the Interior, Canada.]

State.

Nine months ending Mar. 31, 1907.

Fiscal year ending

Total.

Mar. 31, 1908.

Mar. 31, 1909.

Number.

Per cent.

Illinois

1,543 1,909 645 1,221 5,680 744 620 6,121 567 317 1,041 3,580 1,078 9,682

3,914 3,666 1,012 2,257 9,763 1,247 1,476 12,609 639 822 1,413 4,208 2,458 12,961

2,666 2,594 1,775 2,069 7,349 831 3,247 10,573 1,091 1,097 1,133 7,917 1,880 15,704

8,123 8,169 3,432 5,547 22,792 2,822 5,343 29,303 2,297 2,236 3,587 15,705 5,416 38,347

5.3 5.3 2.2 3.6 14.9 1.8 3.5 19.1 1.5 1.5 2.3 10.3 3.5 25.0

Iowa

Massachusetts

Michigan

Minnesota

Nebraska

New York

North Dakota

Oregon

Pennsylvania

South Dakota . .

Washington

Wisconsin .

Others

Total

34, 748

58,445

59,926

153,119

100.0

Probably no other considerable movement of population from one country to another at the present time is so largely composed of agri- cultural people as is the emigration from the United States to Can- ada. As shown by the table on page 15, 120,450, or more than 78 per cent of the total number going to Canada in 1907, 1908, and 1909, were classed as farmers or farm laborers, which includes, also, ac- companying members of families, while less than 23 per cent of all other immigrants to Canada during the same period were of those classes. Of the races coming to the United States as immigrants diir- ing the fiscal years 1899 to 1908, inclusive, the percentage of farmers and farm laborers was highest among the Roumanians, it being 55.8 per cent of the total immigration of that race, while among all immi- grants to the United States in that period the percentage of farmers aird farm laborers was 16.6 United States statistics relative to occu- pations of immigrants, however, do not include accompanying women and children. It is probably true that the great majority of immi- grants to the United States change occupation in coming here, the

« Report of Superintendent of Immigration, Canada, 1909, p. 80. 6 Reports of United States Commissioner-General of Immigration.

30

The Immigration Commission.

opportunity to do so being the main incentive to their immigration. The movement from the United States to Canada differs in this re- gard, however, for, like earlier migrations westward in the States, it is largely a movement from farm to farm, which in this instance means removal to a foreign country. While the Canadian immigra- tion propaganda in the United States is by no means confined to the agricultural classes, practically the only inducement offered to all classes is free or cheap land, and probably the majority of the general laborers, mechanics, etc.? who emigrate to Canada enter agricultural pursuits.

HOMESTEAD ENTRIES.

Nearly 45 per cent of the immigrants from the United States to Canada from 1900 to 1909 were homesteaders, and they made 70,182 free homestead entries, or 29.8 per cent of the total number of such entries made in the western Provinces during that period.0

In the year ending December 31, 1909, a total of 11,976 free home- stead entries were made in Canada by persons coming from the United States. The distribution of these entries according to the State or Territory from which the homesteaders emigrated is shown by the following table :

TABLE 24. Number of homestead entries made in Canada by immigrants from the United States, by States and Territories, calendar year 1909.

[Compiled from statistics furnished by the Canadian Department of the Interior.]

State or Territory.

Jan.

Feb.

Mar.

Apr.

May.

June.

July.

Aug.

Sept.

Oct.

Nov.

Dec.

Total.

1

1

1

3

Alaska

1

1

1

3

2

g

1

1

2

1

1

2

1

1

1

H

1

3

1

1

1

7

California

3

1

7

10

10

13

5

18

7

7

8

6

95

1

1

3

1

3

2

3

4

1

3

22

Connecticut

1

2

3

1

7

Florida

1

2

1

4

2

2

Idaho

1

4

11

9

18

26

14

26

20

15

40

11

195

Illinois

5

3

18

33

30

29

38

40

51

49

21

26

343

3

2

7

35

9

14

20

15

19

28

18

6

176

Iowa .

6

16

34

53

45

33

49

44

60

90

51

21

502

Kansas

5

3

14

19

8

17

18

15

19

22

15

5

160

Kentucky

2

1

2

1

6

3

2

13

2

2

34

Louisiana . .

1

1

1

1

4

Maine

1

3

3

4

6

5

5

1

1

29

2

2

4

Massachusetts Michigan

1

16

1

21

4 35

6 81

12 51

9 55

11

59

14 42

8 75

4

79

7 55

2

42

79 611

Minnesota .....

57

68

138

243

221

256

220

155

154

229

238

110

2,089

Missouri

3

1

22

18

4

13

8

16

28

38

11

1

163

Montana

2

8

15

23

21

22

23

37

15

18

39

11

234

Nebraska

4

5

13

26

18

7

14

12

10

25

11

9

154

Nevada

1

1

3

5

New Hampshire New Jersey

2

1

1

1 1

1

3

1 1

3

4 3

3

20 5

New Mexico

1

1

1

3

New York

4

2

12

29

17

19

25

8

14

20

22

7

179

North Carolina

1

4

3

1

3

4

16

North Dakota Ohio

159 2

190 4

291 12

463 22

331 9

647 4

561 22

262 21

230 21

330 21

626 12

221 5

4,311 155

Oklahoma

1

3

12

10

12

13

7

4

12

6

14

9

103

Oregon ,

6

1

6

26

14

18

17

14

18

30

10

7

167

Pennsylvania Rhode Island...

1 1

3

7

9

6 1

9 1

8

11 2

10 1

10

17

6

97 6

a See tables pp. 16 and 17.

The Immigration Situation in Canada.

TABLE 24. Number of homestead entries made in Canada by immigrants from the United States, by States and Territories, calendar year 1909 Continued.

State or Territory.

Jan.

Feb.

Mar.

Apr.

May.

June.

July.

Aug.

Sept.

Oct.

Nov.

Deo.

Total.

South Carolina

2

2

South Dakota

26

23

62

86

47

68

49

36

32

93

68

31

R21

Tennessee

2

1

2

3

4

1

4

3

5

1

26

Texas .

3

2

1

4

6

1

3

4

4

00

Utah

1

g

4

3

4

5

4

1

2

qc

Vermont .

1

1

2

2

2

1

1

10

Virginia

3

3

Washington

17

12

40

80

52

55

57

51

72

74

94

25

629

West Virginia

3

2

7

1

1

2

3

1

5

1

26

Wisconsin

8

13

29

79

44

49

73

52

63

67

51

26

554

Wyoming

3

3

4

8

4

2

4

3

5

3

39

Total . ..

342

392

813

1 396

1 015

1 401

1 344

927

981

1 308

1 463

594

11 976

It will be seen from the foregoing table that every State and Ter- ritory in the Union, except Delaware and Mississippi, was repre- sented, but that more than one-half of the total number of entries were made by emigrants from North Dakota and Minnesota. During the month of January, 1910, 978 homestead entries were made in Canada by immigrants from the United States, as compared with 342 entries by such immigrants in January, 1909.

It is unnecessary to comment on the importance of immigrants from the United States as factors in developing the agricultural re- sources of Canada. Numerically they already form a considerable part of the population of the western Provinces, and, according to Canadian officials, their experience and training in agricultural pur- suits, gained in the United States, are of great value to the Dominion.

EARLIER IMMIGRATION.

Reliable data relative to the emigration movement from the United States to Canada prior to 1901 are not available. The Canadian cen- sus returns, however, shed some light upon the question as far as natives of the United States are concerned, by revealing the number of such persons in Canada in the census years 1871, 1881, 1891, and 1901, as shown by the following table :

TABLE 25. Natives of United States in Canada in census years 1811 to 1901, by

Provinces.

[Compiled from the Canada Year Book, 1908.]

1871

18

81.

18

Jl.

19

n.

Number.

Increase.

Number.

Increase.

Number.

Increase.

British Columbia

(a)

2,295

Per cent.

6,567

Per cent. 186.1

17, 164

Per cent. 161.4

Manitoba

(a)

1,654

3,063

85.2

6 922

126 0

New Brunswick

4,088

5,108

25.0

4,278

&16.2

5,477

28.0

Nova Scotia.

2,239

3,004

34.2

3,238

7.8

4 394

35.7

Ontario

43,406

45,552

4.9

42,702

66.3

44. 175

3.4

Prince Edward Island

(a)

609

582

& 4.4

764

31.3

Quebec

14,714

19,415

31.9

18, 524

64.6

28,405

53.3

The territories c

(a)

116

1,961

1, 590. 5

13, 877

607.6

Unorganized territories

W

(d)

(d)

6,721

Total

64 447

77 753

20 6

80 915

4 1

127, 899

58.1

a Census not taken in 1871.

6 Decrease.

c Includes territory now included in the Provinces of Alberta and Saskatchewan.

d Census not taken in 1871-1891.

32 The Immigration Commission.

It will be noted that the Province of Ontario has led all others in the number of persons born in the United States, but that the num- ber was approximately the same at each census year. The same is essentially true of all the eastern Provinces except Quebec. In that Province the increase was insignificant until during the decade 1891-1901. The increase in that period was, in all probability, largely due to the emigration from New England of American-born chil- dren of French Canadian parentage. The table indicates that the emigration of natives of the United States to western Canada de- veloped to a considerable extent during the ten years prior to 1901. The numbers, however, are small compared with emigration from the United States to Canada in recent years, and the Canadian census of 1911 may be expected to show a large increase in the native United States element in Canada's population.

THE RETURN MOVEMENT.

'It is impossible to state what proportion of the immigration to Canada from the United States is permanent. In practically all larger immigration movements of the present time, however, there is a relatively large return movement, and it is probable that a consid- erable per cent of the United States immigrants settling in Canada eventually resume a residence in the United States. This statement is substantiated by the following extract from the latest annual report of John H. Clark, United States Commissioner of Immigration in Canada, Mr. Clark says : a

* * * there is an element in the travel from Canada to the United States, in which I feel our bureau will be especially interested, reference being had to citizens of our own country who, having settled in Canada, return to again take up their residence in the United States. Commencing with January 1 of the current year, a record has been compiled, showing that 6,869 of such citizens were interviewed by our officers during the past six months, and as containing important information, it has been directed that a similar record be obtained in the future. As the foregoing record covered that period of the year when the movement would naturally be northbound, I feel it perfectly safe to say that not less than 15,000 American citizens returned from Canada within the year to resume residence in the United States.

CANADIAN EXPENDITURES IN THE UNITED STATES.

As shown elsewhere 6 the Canadian immigration department ex- pended $1,936,000 in the United States during the fiscal years 1898 to 1908, inclusive. This amount was $293,000 more than was expended by the department in promoting immigration from the United King- dom during the same period, and only $564,432 less than the total expenditures of the department in Canada.

The amount expended by the Canadian immigration department in the United States in the fiscal years 1901 to 1908, inclusive, com- pared with the immigration into Canada from the United States during the same period, is shown in the table following.

0 Annual Report United States Commissioner-General of Immigration, 1909, p. 137. 6 Page 7.

The Immigration Situation in Canada.

33

TABLE 26. Canadian immigration expenditures in the United States, 1901 to

1908.

[Compiled from Immigration Facts and Figures, Canada, 1909.]

Fiscal year.

Immigration. United States to Canada.

Canadian immigration expenditures in United States.

Amount per capita.

1901

18,055

$144,000

$7.98

1902

26,461

178,000

6.73

1903..

49, 473

161,000

3.25

1904

45 229

205 000

4 53

1905.,.

43,652

325,000

7.45

1906.

57,919

248 000

4.28

1907 (9 months)..

34,748

151,000

4.35

1908..

58,445

250,000

4.28

Total .

333,982

1,662,000

4.98

As previously stated, the Canadian government employs in the United States a large number of subagents who are paid a small commission or bonus on bona fide settlers induced by them to settle in Western Canada,0 but the commission paid for this service is some- what smaller than the bonus allowed to booking agents in the United Kingdom and other European countries. As a rule, subagents in the United States are not continuously employed in the work of inducing emigration to Canada, their service in this connection being incidental to other occupations.

The number and per cent of immigrants from the United States, the United Kingdom, and continental Europe, on whom a bonus was paid from 1905 to 1909, inclusive, is shown by the following table:

TABLE 27. Total immigration to Canada, and number of immigrants on whom a bonus was paid, by countries, 1905 to 1909.

[Compiled from Immigration Facts and Figures, Canada, 1909.]

Fiscal year.

United States.**

United Kingdom.

Continental Europe.

Total immi- gration.

Bonus paid on

Total immi- gration.

Bonus paid on

Total immi- gration.

Bonus paid on—

Number.

Per

cent.

Number.

Per cent.

Number.

Per cent.

1905

43,652 57,919 34,659 58,312 59,832

3,681 3,134 2,561 2,226 2,647

8.4 5.4 7.4 3.8 4.4

65,359 86, 796 55, 791 120, 182 52,901

11,974 17, 694 8,861 16, 193 8,046

18.3

20.4 15.9 13.5 15.2

37,255 44,349 34,217 83,975 34, 175

11,881 8,741 1,198 2,307 1,576

31.9 19.7 3.5 2.7 4.6

1906

1907 (9 months) . 1908 1909

Total

254,374

14,249

5.6 1 381,029

62,768

16.5

233,971

25,703

11.0

o Not including 316 United States citizens who arrived in Canada via ocean ports.

It will be noticed that the percentage of immigrants from the United States on whom a bonus is paid is much smaller than in the case of the British and other Europeans, and that in every instance the percentage of immigrants on whom a bonus was paid was con- siderably smaller in 1909 than in 1905, the decrease being especially marked in the case of continental Europeans.

a Page 6.

CHAPTER III.

IMMIGRATION TO THE UNITED STATES FROM CANADA.

No reliable data are available to show the extent of immigration to Canada from the United States for any considerable period prior to 1901. That such immigration, or at least permanent immigration, was, however, relatively small is indicated by the fact that in 1901 there were only 127,899 persons of United States birth in the Dominion.0

On the other hand, Canada has for a long time contributed largely to the population of the United States. As early as 1850 there were, according to the census of that year, 147,711 natives of Canada in this country. Each succeeding census showed a large increase in this number until in 1900 there were nearly one-fourth as many native-born Canadians in the United States as in Canada.

The total number of natives of Canada in that country and in the United States in corresponding census years was as follows :

Native-born Canadians in Canada : 6

1871 2, 892, 763

1881 3, 715, 492

1891 4, 185, 877

1901 4, 761, 815

Native-born Canadians in the United States : G

1870 493,464

1880 717,157

1890 980,938

1900 1, 181, 255

While the figures relative to Canadians in the United States do not of course represent the actual movement of population from the Dominion, they do show that Canada was an important source of immigration to the United States during the period considered.

The growth and geographical distribution of the Canadian-born element in the population of the United States in census years since 1870 are shown in the following table :

TABLE 28. Natives of Canada, including Newfoundland, in the United States in census years, 1870 to 1900.

[Compiled from United States census reports.]

Geographical position.

1870.

1880.

1890.

1900.

Per cent of increase.

1870 to 1880.

1880 to 1890.

1890 to 1900.

North Atlantic

250,983 2,249 217,477 3,880 18,875

343,022 3,926 324,838 6,180 39, 191

490,229 5,412 401,660 8,153 75,484

650,502 6,920 422,323 10,262 80,800

36.7 74.6 49.4 59.3 107.6

42.9 37.9 23.6 31.9 92.6

32.7 27.9 5.1 25.9 7.0

South Atlantic

North Central

South Central..

Western .

Total

493,464

717, 157

980,938

d 1,181, 255

45.3

36.8

20.4

a Table 46, p. 78.

& The Canada Year Book, 1908.

e United States census reports.

d Includes persons in the military and naval service of the United States (including civilian employees, etc.) stationed abroad, not credited to any State or Territory, but excludes Alaska and Hawaii.

85

36

The Immigration Commission.

In the United States censuses of 1890 and 1900 Canadian-born persons were divided into two classes, French and English, the latter classification being based on language rather than race, and including of course persons of Scotch and Irish as well as of English descent. The number and geographical distribution of these elements in the population are shown in the following table :

TABLE 29. Natives of Canada, including Newfoundland, in the United States in 1890 and 1900, by race or descent.

[Compiled from United States census reports.]

Geographical division.

Number.

Per cent of increase 1890 to 1900.

1890.

1900.

English.

French.

English.

French.

English.

French.

North Atlantic

260,875 5,128 335,947 7,759 68,733

229,354 284 65,713 394 6,751

345,342

6,284 345,304 8,802 79,009

305, 160 636 77,019 1,460 10,791

32.4

22.5 2.8 13.4 15.0

33.1 123.9 17.2 270.6 59.8

South Atlantic

North Central

South Central

Western. .

Total

678,442

302,496

"785,958

a395,297

15.8

30.7

« Includes persons in the military and naval service of the United States (including civilian employees, etc.) stationed abroad, not credited to any State or Territory, but excludes Alaska and Hawaii.

The above tables, however, indicate nothing concerning the many transoceanic immigrants to Canada who eventually settled in the United States. Although no statistical data exist to prove the asser- tion, it is a well-known fact that in the past a great many European immigrants to Canada have later emigrated from the Dominion to the States. This is particularly true of the English, Irish, and Scotch, but in more recent years the newer immigrant races have to a greater or less extent joined in the movement.

During the past few years the United States Bureau of Immigra- tion has collected statistics relative to aliens entering the United States from Canada for the purpose of taking up a permanent resi- dence here, and the results show that the movement continues in spite of the fact that Canada is now one of the chief immigrant re- ceiving countries of the world.

The Immigration Situation in Canada.

37

The following table shows the extent of the emigration movement from Canada to the United States in 1908 and 1909 :

TABLE 30.— Immigration to the United States from Canada in fiscal years 1908 and 1909, by race, people, or descent.

[Compiled from statistical table furnished by United States Bureau of Immigration.]

Race, people, or descent.^

Number.

Per cent of total.

1908.

1909.

1908.

1909.

African

176 367 60 717 467 1 52 541 1,238 10, 126 457 4,251 2,871 523 2,902 2,932

778 2,823 2,164 3 130 445 3

204 338 97 818 518 3 59 420 126 10,563 502 12,870 3,206 476 2,917 3,900

692 3,790 188 1 222 659 2 1 1,828 4 336 459 466 1,950 4,943 172 36 3 263 26 279 12 99

0.4 .8 .1 1.6 1.1

<6).! 1.2

2.8 23.1 1.0 9.7 6.6 1.2 6.6 6.7

1.8 6.4 4.9

W.3 1.0

(b)

0.4 .6 .2 1.5 1.0 (6)

'.8 .2 19.8 .9 24.1 6.0 .9 5.5 7.3

1.3 7.1

«:!

1.2

$

3.4

W.6 .9 .9 3.6 9.2 .3

»•!!

W.5

w.2

Armpnian

Bohemian .

Bulgarian

Croatian

Cuban . ...

Dalmatian

Dutch

East Indian

English

Finnish

French

Greek

Hebrew - - - - -

Irish

Italian: North

South

Japanese

Lithuanian ....

Magyar

Mexican ....

Pacific Islander

Polish ....

1,232 7 243 343 249 2,110 4,188 111 30

2.8

W1

!e

4.8 9.6 .3

-1

Portuguese

Roumanian ...

Russian

Ruthenian .

Scandinavian

Scotch

Slovak

Spanish ....

Spanish-American

Syrian . . .

673 69 362 2 159

1.5 .2

»

Turkish.

Welsh

West Indian

All others

Total

43,805

53,448

100.0

100.0

a Includes native-born Canadians and former immigrants to Canada. & Less than 0.05 per cent.

The above table includes native-born Canadians as well as former immigrants to Canada, and although the proportion of each is known it is not possible with the data at hand to distinguish between them as regards " race, people, or descent."

The records of the Bureau of Immigration and Naturalization for 1908 show that, of the 43,805 immigrants from Canada admitted to the United States in that year, 13,052 were native Canadians and 30,753 were foreign-born residents of Canada. Of the 53,448 immi- grants admitted from Canada in 1909, 24,118 were native Canadians and 29,330 were foreign-born.

It should be clearly understood that those persons classified as foreign-born were former immigrants to Canada who had acquired a residence in the Dominion and that the classification does not include persons in transit through Canada to the United States.

38

The Immigration Commission.

While it is not possible with the data at hand to classify according to their nativity the elements enumerated under "race, people, or descent " in the preceding table, it is safe to assume that the natives of Canada previously referred to were for the most part persons of English, French, Irish, and Scotch stock.

In comparing the immigration of the two years considered, a large increase in the Canadian French element in 1909 is noted. This is no doubt accounted for by an increased demand for industrial work- ers in New England during that year.

A noteworthy feature of the immigration to the United States from Canada in 1909 is the great relative decrease in the number of Asiatics admitted. It will be noted that in 1908 the Japanese and East Indians or Hindus formed 7.7 per cent of the total immigration from Canada, while in 1909 they formed only 0.6 per cent of such immigration. While this fact is interesting as indicating a falling off in Asiatic immigration, it is chiefly significant when it is con- sidered that the decrease followed the practical exclusion of such immigrants from Canada,0 thus illustrating the effect upon the United States of Canada's control of immigration.

The occupations of Canadian immigrants to the United States in the two years under consideration are shown in the following table :

TABLE 31. Occupations of Canadian immigrants to the United States in fiscal

years 1908 and 1909.

[Compiled from statistical table furnished by United States Bureau of Immigration.]

Fiscal year.

Profes- sional.

Skilled la- borers.

Farm- ers.

Farm la- borers.

Com- mon la- borers.

Serv- ants.

Nooc- cupa- tions.a

Miscel- laneous.

Total.

1908

791

11,300

1,276

1,875

15,002

2,238

10,132

1,191

43,805

1909

875

11,468

1,669

1,854

16,355

2,943

16,687

1,597

53,448

Total

1,666

22,768

2,945

3,729

31,357

5,181

26,819

2,788

97,253

o Including women and children.

The above table is chiefly interesting as showing the relatively small proportion of farmers and farm laborers entering the United States from Canada when compared with the large percentage of that class among persons emigrating from the United States to Canada. As stated elsewhere, more than 78 per cent of the latter movement is composed of farmers and farm laborers and their fami- lies, while only 9.4 per cent of those entering the United States from Canada, excluding persons of no occupation, are so classed. The large proportion of skilled laborers among the Canadian immigrants to the United States is also noteworthy.

In many respects the immigration from Canada is similar to that originating in Europe. There is the same preponderance of males, and, like immigration from all sources, the great majority of the im- migrants are from 14 to 45 years of age. There is a large percentage of illiterates among the immigrants from Canada, but this is chiefly

Chapter V.

The Immigration Situation in Canada.

39

accounted for by the presence of south and east Europeans. These facts are shown in detail in the following table :

TABLE 32. Total number of immigrants to the United States from Canada in fiscal years 1908 and 1909, by sex, age, literacy, and amount of money shown.

[Compiled from statistical tables furnished by the United States Bureau of Immigration.]

Fiscal year.

Total.

Sex.

Age.

Literacy.

Money.

Male.

Fe- male.

Under 14 years.

14 to 45.

45 and over.

Can read but not

write.

Can neither read nor

write.

Number bring- ing-

Total amount of money shown.

$50 or more.

Less than $50.

1908

43,805 53,448

35,048 37,532

8,757 15,916

4,782 8,606

36,631 40,584

2,392

4,258

131 138

5,435 5,991

12,534 14,850

20,736 22,513

$2,417,348 3,464,237

1909

Total. .

97,253

72,580

24,673

13,388

77,215

6,650

269

11,426

27,384

43,249

5,881,585

Concerning the cause of the emigration movement from Canada to the United States, Commissioner Clark, in his annual report for 1909, elsewhere quoted, says : a

Should those interested in statistics inquire for a cause for the above exodus of Canadians to the United States, it may be stated, as a result of careful ques- tioning for manifest purposes, that, in many instances, the claim is made that native workmen are being replaced by those brought into Canada under the Government's immigration policy, and to accept this explanation is not difficult when we recall conditions existing in the United States, where in many of the great manufacturing centers, particularly in the New England States, native help has been entirely superseded by the foreign article.

0 Annual report United States Commissioner-General of Immigration, 1909, p. 137.

79520°— VOL 40—11 4

CHAPTER IV. THE CANADIAN IMMIGRATION LAW.

At the time the Commission's report on the Immigration Situation in Canada0 was presented to Congress (Apr. 1, 1910) the Canadian immigration law of 1906 was in force, but Parliament had under con- sideration a government bill which proposed several more or less important changes in that law. The bill in question became a law May 4, 1910, and is included in the report referred to as an appendix, but the report as a whole necessarily concerns the law of 1906 and the bill by which it was proposed to amend it. In what follows the laws of 1906 and 1910 are discussed without reference to the bill in ques- tion, and in this respect the present report differs from that of April 1, 1910.

The Canadian law of 1910 is essentially like the law of 1906 in the more important details. Some additions were made to the classes denied admission to the Dominion and more or less important ad- ministrative changes were made, but as most of these changes had already been given the force of law through orders of the governor- general in council, the system of regulating immigration was not particularly changed by the legislation of 1910. Therefore refer- ences to the law of 1906 in what follows may as a rule be applied to the present Canadian law.

EXCLUDED CLASSES.

Notwithstanding the fact that Canada makes persistent efforts to promote immigration its law relative to the exclusion of undesirable immigrants is hardly less rigid than that of the United States. In fact, the classes excluded under the laws of both countries are nearly identical^ as will be seen from the following comparison of section 3 of the Canadian law with section 2 of the United States law : &

Canadian law of May 4, 1910, section 3. United States law of February 20,

1907,° section 2.

3. No immigrant, passenger, or other 2. That the following classes of

person, unless he is a Canadian citizen, aliens shall be excluded from admis-

or has Canadian domicile, shall be per- sion into the United States : All

mitted to land in Canada, or in case of idiots, imbeciles, feeble-minded per-

having landed in or entered Canada sons, epileptics, insane persons, and

shall be permitted to remain therein, persons who have been insane within

who belongs to any of the following five years previous ; persons who have

classes, hereinafter called "prohibited had two or more attacks of insanity

classes : " at any time previously ; paupers ; per-

a Senate Doc. No. 469, Sixty-first Congress, second session. & As amended by act of March 26, H 910.

°The Canadian immigration laws of 1906 and 1910 and the United States immigration laws of 1907 are printed in full in the appendix to this report.

41

42

The Immigration Commission.

(a) Idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and persons who have been insane within five years previous.

(&) Persons afflicted with any loath- some disease, or with a disease which is contagious or infectious, or which may become dangerous to the public health, whether such persons intend to settle in Canada or only to pass through Canada in transit to some other country: Provided, That if such disease is one which is curable within a reasonably short time, such persons may, subject to the regulations in that behalf, if any, be permitted to remain on board ship if hospital facilities do not exist on shore, or to leave ship for medical treatment.

(c) Immigrants who are dumb, blind, or otherwise physically defec- tive, unless in the opinion of a board of inquiry or officer acting as such they have sufficient money, or have such profession, occupation, trade, em- ployment, or other legitimate mode of earning a living that they are not liable to become a public charge or unless they belong to a family accom- panying them or already in Canada and which gives security satisfactory to the minister against such immi- grants becoming a public charge.

(d) Persons who have been con- victed of any crime involving moral turpitude.

(e) Prostitutes and women and girls coming to Canada for any immoral purpose and pimps or persons living on the avails of prostitution.

(/) Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of pros- titution or other immoral purpose.

( g ) Professional beggars or vagrants, or persons likely to become a public charge.

(h) Immigrants to whom money has been given or loaned by any charitable organization for the purpose of ena- bling them to qualify for landing in Canada under this act, or whose pas- sage to Canada has been paid wholly or in part by any charitable organiza- tion, or out of public moneys, unless it is shown that the authority in writing of the superintendent of immigration, or in case of persons coming from Europe, the authority in writing of the assistant superintendent of immi- gration for Canada, in London, has been obtained for the landing in Can- ada of such persons, and that such authority has been acted upon within a period of sixty days thereafter.

(i) Persons who do not fulfill, meet,

sons likely to become a public charge ; professional beggers ; persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease; per- sons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect being of a nature which may affect the ability of such alien to earn a living ; persons who have been convicted of or admit hav- ing committed a felony or other crime or misdemeanor involving moral turpi- tude; polygamists, or persons who ad- mit their belief in the practice of polygamy ; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all govern- ment, or of all forms of law, or the assassination of public officials; pros- titutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who procure or at- tempt to bring in prostitutes or women or girls for the purpose of prostitu- tion or for any other immoral purpose ; persons hereinafter called contract la- borers, who have been induced or so- licited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to migrate as above described; any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirma- tively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes, and that said ticket or passage was not paid for by any corporation, associa- tion, society, municipality, or foreign government, either directly or indi- rectly; all children under 16 years of age, unaccompanied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such regulations as he may from time to time prescribe : Provided, That nothing in this act shall exclude, if otherwise admissible, persons con- victed of an offense purely political, not involving moral turpitude : Pro- vided further, That the provisions of this section relating to* the payments for tickets or passage by any corpora-

The Immigration Situation in Canada. 43

or comply with the conditions and re- tion, association, society, municipality, quirements of any regulations which or foreign government shall not apply for the time being are in force and to tickets of passage of aliens in im- applicable to such persons under sec- mediate and continuous transit through tions 37 or 38 of this act. the United States to foreign contiguous

territory: And provided further, That skilled labor may be imported if labor of like kind unemployed can not be found in this country : And provided further, That the provisions of this law applicable to contract labor shall toot be held to exclude professional actors, artists, lecturers, singers, min- isters of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons em- ployed strictly as personal or domestic servants.

Although the phraseology employed differs somewhat in the exclu- sion provisions of the two laws above quoted, it is apparent that both are designed to exclude practically the same classes of physical, men- tal, and moral defectives and delinquents. Because of this fact a comparison of the essential provisions of the two laws is of interest.

It will be noted that the United States law excludes persons whose passage is paid by any corporation, society, municipality, or a foreign government, while the Canadian act provides for the admission of such assisted immigrants on approval of the department's representa- tive in London.

Anarchists or persons who believe in the overthrow of government are specifically excluded by the United States, but not by the Cana- dian law. The latter, however, provides for the deportation from Canada of

any person other than a Canadian citizen [who] advocates in Canada the over- throw by force or violence of the Government of Great Britain or Canada, or other British dominion, colony, possession, or dependency, or the overthrow by force or violence of constituted law and authority, or the assassination of any official of the Government of Great Britain or Canada or other British dominion, colony, possession, or dependency, or of any foreign government, or shall by word or act or attempt to create riot or public disorder in Canada, or shall by common repute belong to or be suspected of belonging to any secret society or organization which extorts money from, or in any way attempts to control, any resident of Canada by force or threat of bodily harm, or by blackmail; * * *

Poly ga mists, unaccompanied children, and contract laborers are also among the classes excluded by the United States law, but not specifically by the Canadian act. Polygamists are not mentioned in the latter, and as previously explained, Canada welcomes British children and provides homes for them in Canadian families.

There is a radical difference, noted elsewhere, between the attitude of Canada and the provisions of the United States law with regard to the admission of so-called contract laborers.0

o See p. 57.

44 The Immigration Commission.

DISCRETIONARY AUTHORITY GRANTED OFFICIALS.

The most striking feature of the Canadian immigration law, and the one in which it differs most widely from the United States law, is its flexibility, or adaptability to emergencies or changed conditions. The Canadian law confers almost unlimited power on the governor in council in matters respecting immigration.

The last paragraph of section 3 of the Canadian law as quoted provides for the exclusion of

Persons who do not fulfill, meet, or comply with the conditions and require- ments of any regulations which for the time being are in force and applicable to such persons under sections 37 or 38 of this act.

The importance of this provision will be apparent when the two sections referred to are considered. These sections are as follows :

SEC. 37. Regulations made by the governor in council under this act may provide as a condition to permission to land in Canada that immigrants and tourists shall possess in their own right money to a prescribed minimum amount, which amount may vary according to the race, occupation, or destina- tion of such immigrant or tourist, and otherwise according to the circum- stances; and may also provide that all persons coming to Canada directly or indirectly from countries which issue passports or penal certificates to persons leaving such countries _shall produce such passports or penal certificates on demand of the immigration officer in charge before being allowed to land in Canada.

SEC. 38. The governor in council may, by proclamation or order whenever he deems it necessary or expedient

(a) Prohibit the landing in Canada or at any specified port of entry in Canada of any immigrant who has come to Canada otherwise than by continu- ous journey from the country of which he is a native or naturalized citizen, and upon a through ticket purchased in that country, or prepaid in Canada ;

(6) Prohibit the landing in Canada of passengers brought to Canada by any transportation company which refuses or neglects to comply with the provisions of this act;

(c) Prohibit for a stated period, or permanently, the landing in Canada, or the landing at any specified port of entry in Canada, of immigrants belonging to any race deemed unsuited to the climate or requirements of Canada, or of immigrants of any specified class, occupation, or character.

Under the Canadian immigration act of 1906 the governor in council was given wide latitude in the matter of denying admission to persons not specifically debarred by law, but considerably greater authority in this regard is conferred by the above sections. As a matter of fact it would appear that the governor in council has practically unlimited power, and could, if deemed desirable, not only prohibit the immigration to Canada of any particular class, but practically suspend all immigration.

On May 9, 1910, five days after the new Canadian law became effective, several orders in council were promulgated under authority of sections 37 and 38, above quoted.0 One of the orders provided as follows :6

1. No immigrant, male or female, other than a member of a family provided for under the following regulations, shall be permitted to enter Canada be- tween the 1st day of March and the 31st day of October, both days inclusive, unless he or she have in actual and personal possession at the time of arrival money, belonging absolutely to such immigrant, to the amount of at least $25

°The Law and Regulations of Canada Respecting Immigration and Immi- grants, issued by the Superintendent of Immigration, Ottawa, May 16, 1910. 6 See Appendix G, No. I, p. 141.

The Immigration Situation in Canada. 45

in addition to a ticket or such sum of money as will purchase a ticket or transport for such immigrant to his or her destination in Canada.

2. If an immigrant so intending to enter Canada is the head of a family and is accompanied by his or her family or any members thereof, the foregoing regulations shall not apply to such family or the members thereof, but the said immigrant head of family shall have in his or her possession, in addition to the said sum of money and means of transport hereinbefore required, a further sum of money, belonging absolutely to such immigrant, equivalent to $25 for each member of the said family of the age of 18 years or upward, and $12.50 for each member of said family of the age of 5 years or upward and under the age of 18 years, and in addition tickets or a sum of money equivalent to the cost of transport for all the said members of the family to their place of desti- nation in Canada.

3. Every such immigrant seeking to enter Canada, between the 1st day of November and the last day of February, both inclusive, shall be subject to the foregoing regulations, with the substitution of $50 for $25 and $25 for $12.50 wherever the said sums of $25 and $12.50 are mentioned in the said regulations.

It was provided, however, that male immigrants going to assured employment at farm work and females to assured employment at do- mestic service may be admitted if possessed of means of reaching the place of such employment. Under this order the money requirement may also be abrogated in the case of immigrants going to join certain relatives.

Similar orders in council had been promulgated under the law of 1906."

Three other orders in council, all of which were promulgated on May 9, 1910, provided as follows :6

No immigrant shall be permitted to enter Canada if he or she, being a subject or citizen of any country which issues a passport or penal certificate or both to ]>ersons emigrating therefrom, fails to produce such passport or penal certificate or both upon demand by the immigration officer in charge, and whether coming to Canada directly or indirectly from any such country.

No immigrant of Asiatic origin shall be permitted to enter Canada unless in actual and personal possession in his or her own right of two hundred dollars, unless such person is a native or subject of an Asiatic country in regard to which special statutory regulations are in force or with which the government of Canada has made a special treaty, agreement, or convention.

From and after the date hereof the landing in Canada shall be and the same is hereby prohibited of any immigrants who have come to Canada otherwise than by continuous journey from the country of which they are natives or citizens, and upon through tickets purchased in that country or purchased or prepaid in Canada.

The last two orders quoted were in effect identical with orders pro- mulgated under the law of 1906. Both of these orders were evidently intended primarily to exclude Hindus. Canada has a special statu- tory provision relative to Chinese immigration, and Japanese immi- f ration to the Dominion is regulated under an agreement with Japan, either of these provisions applies to Hindu immigration, which is consequently affected by the money requirement mentioned. A still more effective safeguard against the coming of Hindus, however, is found in the order which requires that immigrants come to Canada by a continuous journey. The peculiar efficiency of this provision is due to the fact that there is no means by which a continuous journey from India to Canada can be accomplished.

As above stated, the orders in council promulgated under the act of May 4, 1910, were practically identical with orders issued under

0 See Appendix B. Nos. II, V, and VII, pp. 98, 99, and 101. 6 See Appendix G, Nos. II, III, and IV, p. 142.

46 The Immigration Commission.

the law of 1906. which affirms a previous statement that the new law did not particularly affect the Canadian system of regulating immi- gration. Several orders in council quoted in the previous report of the Commission upon this subject are retained in the present report,0 and these indicate the earlier purpose of the Dominion government to absolutely control the immigration movement.

One of the orders promulgated under the old laws will clearly illus- trate this point. Section 10 of the law of 1906 provided as follows :

The governor in council may, on the recommendation of the minister, make such orders and regulations, not inconsistent with this act, as are considered necessary or expedient for the carrying out of this act, according to its true intent and meaning, and for the better attainment of its object.

In practice this section evidently assumed an importance beyond what is suggested by a casual reference to its terms, as will be seen by an order of the governor in council dated May 27, 1908, which is here presented in full : 6

Whereas a considerable number of European immigrants arrive in Canada by way of United States Atlantic and Pacific seaports, coming in by rail from port of landing in the United States, many of whom are of the classes prohibited by the immigration act from landing in Canada, and are for this reason or for causes arising within a period of two years of their arrival in Canada deporta- ble under the act;

And whereas upon the superintendent of immigration seeking to deport such persons, the railroad companies responsible for carrying them across the border have pleaded inability to take them back on the superintendent's order, for the reason that the persons sought to be deported were not legally admissible into the United States, and would not be admitted into that country, except for transit to port of landing and immediate delivery into the custody of the steam- ship company responsible for taking them back to the port or place from which they were brought ;

And whereas the steamship companies have been communicated with in this matter and each company has been asked to enter into an agreement according to the draft attached hereto ;

And whereas the steamship companies have had this agreement and the re- quest of the department of the interior with respect thereto before them since about the 23d of February, 1908, but the only company that has thus far exe- cuted the agreement is the Allan Line Steamship Company (Limited) of Glas- gow, running ships to Boston, Mass., and Portland, Me. ;

And whereas on account of the neglect of the other companies to attend to this matter the department of the interior is, at the present time, in the posi- tion of having some 55 deportable immigrants on its hands and being unable to deport them ;

Therefore his excellency the governor-general in council in these circum- stances, and seeing that undesirable immigrants are constantly coming into Can- ada, as above described, and that the superintendent of immigration is unable to put the law in force with respect to such immigrants, is pleased to order, as a necessary measure of protection for Canada, under the authority of sec- tion 10 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, that all such immigrants as seek to come into Canada by rail, who have come from any country on any ship landing at a United States port belonging to any steamship company or owner who has not entered into the agreement hereto annexed, shall be and they are hereby prohibited from landing in or coming into Canada.

The importance of this traffic to steamship companies bringing to United States ports passengers bound to Canada, is indicated by

0 See Appendix B, pp. 97-101. 6Appendix B, No. IV, p. 99.

The Immigration Situation in Canada. 47

the fact that 29,308 out of 204,157, or 14.4 per cent, of the trans- oceanic immigrant arrivals in Canada during the year ending March 31, 1908, came via the United States. These were distributed _by ports as follows : a

New York _. _ 22, 379 Portland, Me 3, 650

Boston 1, 987

Philadelphia 898

Baltimore 394

Total. 29,308

Perhaps it is needless to add that the agreement suggested by the Canadian authorities was entered into without great delay on the part of the steamship companies.

Observations at Canadian ports indicate that, generally speaking, the inspection of immigrants, both medical and otherwise, under the Canadian law is less rigid than under the United States law, which statement is substantiated, in part at least, by the record of rejections in 1908 under the respective laws, as shown by the following table:

TABLE 33. Total number of immigrants admitted and rejected under Canadian and United States laws, fiscal year 1908.

[Compiled from reports of Superintendent of Immigration, Canada, and reports of United States Commissioner-General of Immigration.]

Country.

Admitted.

Rejected.

Proportion rejected.

Canada

262 469

1 002

1 to 262

United States

782,820

10,907

1 to 72

An exact comparison in this regard is impossible, because the laws of the two countries differ somewhat as to excluded classes. The principal difference to be considered in this connection is the United States contract-labor provision, under which 1,932 aliens were ex- cluded in the year 1908. This does not seriously affect the comparison, however, for disregarding the number of contract laborers excluded, the proportion of other classes excluded to those admitted to the United States in the year mentioned was 1 to 87. Therefore it is fair to assume that under the United States laws the proportion of comparable exclusions in the year mentioned was three times as great as under the Canadian act.

A study of exclusions by classes of immigrants under the Canadian and United States laws strikingly illustrates the effect of Canada's policy of discrimination between immigrants from different sections of Europe as compared with the result of the nondiscriminating

0 Report of Superintendent of Immigration, Canada, 1908, p. 3.

48

The Immigration Commission.

policy of the United States in this regard, as will be seen by the following table:

TABLE 34. European immigrants, including Syrian, admitted and rejected under the Canadian and the United States laws in 1908, by race or people.

[Compiled from reports of Superintendent of Immigration, Canada, and reports of United States Commissioner-General of Immigration.]

Race or people.

Canada.

United States.

Ad- mitted.

Re- jected.

Proportion rejected.

Ad- mitted.

Re- jected.

Proportion rejected.

North and west European, including Icelandic

133,136 54,600

152 395

1 to 876 1 to 138

239,981 506,136

2,263 6,282

1 to 106 Ito 81

Other European, including Syrian

While not nearly so pronounced as in the case of Canada, there is apparently a discrimination on the part of the United States against immigrants from southern and eastern Europe ; but this is doubtless entirely due to the fact that a preponderance of certain excludable classes, such as contract laborers and persons afflicted with loath- some or dangerous contagious diseases comes from that section, and not to a discriminatory policy with regard to races or peoples, as such.

On the other hand, it must be assumed that the large proportion of rejections among south and east European immigrants to Canada, compared with the number of north and west Europeans debarred, is due almost entirely to the fact that Canada discriminates in favor of the latter. The same causes which obtain in the United States, as above stated, may account in a small degree for the result in Canada, and it is possible that the more or less definite system of selection exercised by Canadian officials abroad may have some effect in this regard, but in the main the difference is undoubtedly due to Canada's official attitude toward the classes mentioned.

A medical officer of the Canadian immigration service is now stationed at New York for the purpose of examining arriving immi- grants destined to Canada. In the fiscal year ending March 31, 1909, this officer rejected 131 such immigrants, or 1 in every 65 arriving, a considerably larger proportion than was rejected under the United States law for the corresponding year.0

DEPORTATION AFTER LANDING.

Although the number of immigrants rejected under the Canadian act is proportionately much smaller than under the United States law, Canada has an additional safeguard, or second line of defense, in a provision of the immigration act of 1910 which makes possible a general deportation of aliens who become public charges within three years after their landing in the Dominion.

Under the law of 1906 the limit within which deportation of public charges could be made was two years, and what follows is necessarily based on the operation of the earlier law.

0 Report of Superintendent of Immigration, Canada, 1909, p. 103.

The Immigration Situation in Canada. 49

Section 28 of the immigration act of 1906 provided as follows:0

No person shall be permitted to land in Canada who is a pauper or destitute, a professional beggar or vagrant, or who is likely to become a public charge; and any person landed in Canada who, within two years thereafter, has become a charge upon the public funds, whether municipal, provincial, or federal, or an inmate of or a charge upon any charitable institution, may be deported and returned to the port or place whence he came or sailed for Canada.

The method of procedure under this section as provided in section 33 of the same act was as follows:0

1. Whenever in Canada an immigrant has, within two years of his landing in Canada, become a public charge, or an inmate of a penitentiary, gaol, prison, or hospital or other charitable institution, it shall be the duty of the clerk or secretary of the municipality to forthwith notify the minister, giving full par- ticulars.

2. On receipt of such information the minister may, in his discretion, after investigating the facts, order the deportation of such immigrant at the cost and charges of such immigrant if he is able to pay, and if not, then at the cost of the municipality wherein he has last been regularly resident, if so ordered by the minister, and if he is a vagrant or tramp or there is no such municipality, then at the cost of the department of the interior.

3. When the immigrant is an inmate of a penitentiary, gaol, or prison the minister of justice may, upon the request of the minister of the interior, issue an order to the warden or governor of such penitentiary, gaol, or prison, com- manding him to deliver the said immigrant to the person named in the warrant issued by the superintendent of immigration as hereinafter provided, with a view to the deportation of such immigrant ; and the superintendent of immigra- tion shall issue his warrant to such person as he may authorize to receive such immigrant from the warden or governor of the penitentiary, gaol, or prison, as the case may be, and such order and warrant may be in the form given in schedule 2 of this act.

4. Such order of the minister of justice shall be sufficient authority to the warden or governor of the penitentiary, gaol, or prison, as the case may be, to deliver such immigrant to the person named in the warrant of the superin- tendent of immigration as aforesaid, and such warden or governor shall obey such order; and such warrant of the superintendent of immigration shall be sufficient authority to the person named therein to detain such immigrant in his custody in any part of Canada until such immigrant is delivered to the author- ized agent of the transportation company or companies which brought him into Canada, with a view to his deportation as herein provided.

5. Every immigrant deported under this section shall be carried by the same transportation company or companies which brought him into Canada to the port from which he came to Canada without receiving the usual payment for such carriage.

6. In case he was brought into Canada by a railway company, such company shall similarly convey him or secure his conveyance from the municipality or locality whence he is to be deported to the country whence he was brought.

7. Any immigrant deported under this section as having become an inmate of a penitentiary, gaol, or prison, who returns to Canada after such deportation may be brought before any justice of the peace in Canada ; and such justice of the peace shall thereupon make out his warrant under his hand and seal for the recommittal of such immigrant to the penitentiary, gaol, or prison from which he was deported, or to any other penitentiary, gaol, or prison in Canada ; and such immigrant shall be so recommitted accordingly and shall undergo a term of imprisonment equal to the residue of his sentence which remained unex- pired at the time of his deportation.

By this provision Canada practically established a probationary period of two years during which admitted immigrants might be effectively tested physically, mentally, morally, and industrially, and deported to the country whence they came if found unworthy. The deportation provision became effective July 13, 1906. Deportations

°Appendix A, p. 83.

50 The Immigration Commission.

were possible, however, previous to that time, and the record shows that between January 1, 1903, and March 31, 1909, 3,149 aliens were deported. This number distributed by fiscal years is as follows:0

1903 67

1904 i 85

1905 86

1906 137

1907 201

1908 825

1909 1, 748

Total 3,149

It will be noted that of the 3,149 deportations from Canada during

the seven years considered, 2,573, or 81.7 per cent of the whole, have occurred during the fiscal years 1908 and 1909.

The racial distribution of those deported was as follows : 6

English 2, 007

Scotch 206

American (United States)__ 149

Bulgarian . 137

Irish 81

Hebrew 65

Russian, not elsewhere specified 56

Galician 49

Roumanian 44

Swedish 33

Greek 32

Italian 31

Hindu 29

Norwegian 29

French 26

Dutch 22

Turkish , 20

Austrian, not elsewhere specified 20

Danish 17

German 15

Finnish 14

Welsh 9

Bukowinian 9

Hungarian 8

Icelandic 8

Polish 5

Japanese 4

Belgian

Bohemian 3

West Indian

Australian 2

Chinese 2

Swiss 2

Syrian 2

All others _ 7

Total 3, 149

Assuming for the purposes of this article that all immigrants ad- mitted to Canada since 1901 were subject to deportation under the law, it is interesting to note the effect on the various immigrant classes as shown by the following tables, which compare, by class of

a Report of Superintendent of Immigration, Canada, 1909, p. 59.

6 Compiled from report of Superintendent of Immigration, Canada, 1909, p. 58.

The Immigration Situation in Canada.

51

immigrants, the deportations of aliens from Canada after January 1, 1903, with the number of immigrants admitted since 1901 :

TABLE 35. Immigration to Canada from European countries where immigration effort is made, and immigrants from same countries deported after admission, in years specified, by race or people.

[Compiled from reports of Superintendent of Immigration, Canada.]

Race or people.

Immigrants admitted, 1901-1909.

Deported, 1903-1909.

Proportion deported.

United Kingdom: English and Welsh...

377 801

2 016

1 to 187

Irish

30 184

81

1 to 373

Scotch

94 279

206

1 to 4^18

Belgian...

6 110

3

1 to 2 037

Danish

2 658

17

1 to 156

Dutch

3 '223

22

1 to 147

Finnish.

9,909

14

1 to 708

French . .

12 468

26

1 to 480

German

o 17, 079

15

to 1 138

Icelandic ...

3 244

3

to 406

Norwegian

10, 259

29

to 354

Swedish

14,119

33

to 428

Swiss

1,006

2

to 503

Total

582 339

2 472

1 to 236

Total United Kingdom

502 264

2 303

1 to 218

Total others

80, 075

169

1 to 474

a Including 8 Alsatian, 30 Bavarian, 158 Prussian, 41 Saxon.

TABLE 36. Immigration to Canada from European countries, including Syria, where no immigration effort is made, and immigrants from same countries deported after admission, in years specified, by race or people.

[Compiled from reports of Superintendent of Immigration, Canada.]

Race or people.

Immigrants admitted, 1901-1909.

Deported, 1903-1909.

Proportion deported.

Armenian . . ...

1,378

o

o

Austrian

8 297

20

1 to 415

Bukowinian

10, 413

9

1 to 1 157

Bulgarian

2 859

137

1 to 21

Galician

62, 509

49

to 1,276

Greek

2 768

32

to 87

Hebrew

40, 347

65

to 621

Hungarian

a 9 881

8

to 1 235

Italian

48, 340

31

to 1,559

Polish

5,807

5

to 1 161

Roumanian

3,804

44

to 86

Russian -

27, 765

56

to 496

Ruthenian

1 633

1

to 1 633

Syrian . - - .

4,910

2

to 2 455

Turkish

1 470

20

to 74

Others

2,895

5

to 579

Total '

235,076

484

1 to 486

a Including 1,001 Magyar.

TABLE 37. Immigration to Canada from the United States and immigrants from same country deported after admission, m years specified.

[Compiled from reports of Superintendent of Immigration, Canada.]

Country.

Immigrants admitted, 1901-1909.

Deported, 1903-1909.

Proportion deported.

United States ..

393,908

149

1 to 2,644

52

The Immigration Commission.

TABLE 38. Asiatic immigration to Canada and Asiatic immigrants deported after admission, in years specified, by race or people.

[Compiled from reports of Superintendent of Immigration, Canada.]

Race or people.

Immigrants admitted. 1901-1909.

Deported, 1903-1909.

Proportion deported.

Chinese

3,890

2

1 to 1 945

Hindu

5 185

29

1 to 179

Japanese

12 420

4

1 to 3 105

Total

21 495

35

1 to 614

TABLE 39. Total immigration to Canada and total immigrants deported after admission, in years specified, by race, people, or country.

[Compiled from reports of Superintendent of Immigration, Canada.]

Race, people, or country.

Immigrants admitted, 1901-1909.

Deported, 1903-1909.

Proportion deported.

North and west European, including Icelandic

582,339 235.076 393,908 21,495 11,779

2,472 484 149 35 9

Ito 236 1 to 486 Ito 2, 644 1 to 614 Ito 1,309

Other European, including Syrian. . .

United States

Asiatic . .

Others

Total

1,244,597

3,149

1 to 395

As previously shown, comparatively few immigrants from the north and west of Europe are denied admission to Canada on arrival, the proportion rejected to those admitted in 1908 being 1 to 876, while among those from European countries where no immigration effort is made the proportion was 1 to 138. This apparent discrimi- nation suggests that Canada generally accepts immigrants from the favored countries on probation, and that other Europeans are more carefully selected at the time of their landing. Whatever the fact in this regard may be, it is evident that no discrimination is made in favor of any race or class in the deportation of undesirables after landing. As the above tables indicate, the proportion of deported immigrants from European countries where immigration effort is made is more than twice as great as the proportion of those from other European countries. A more conclusive proof of the nondis- criminatory policy of Canada in this regard is shown in the fact that the proportion of English and Welsh deported, 1 to 187, is greater than that of any other races except the Dutch, Greek, Roumanian, and Turkish, and among the last named the numbers involved are too small to be particularly significant. In striking contrast with the large proportion of English and Welsh deported is the small pro- portion of Italians, only 1 of this race being deported to 1,559 admitted.

The Japanese, who are now practically excluded from admission to Canada, show the smallest proportion of deportations, 1 to 3,105, and immigrants from the United States are second in this regard, the proportion of deported being 1 to 2,644.

The Immigration Situation in Canada.

53

In his annual report for 1908, P. H. Bryce, chief medical officer of the Canadian department of immigration, accounts for the prepon- derance of English among those deported after admission as follows : °

Not only does the large number of people from English cities come to our large cities, but it is especially true of that class, " ne'er-do-wells," social and moral derelicts, and ineffectives in general. They are not only physically unequal to the task of farm life, but they are further usually incapable of enduring the quiet of rural life. Hence if sent to the country they too frequently drift back to town, and when winter comes and work fails they seek aid in those institu- tions set apart for the city poor and helpless.

In striking contrast with this is the following comment by the same official : 6

The notable absence of mental defectives amongst the peoples from southern countries is a matter of much interest and, contrary to a too popular opinion, it appears that if compulsory education can be generally enforced we have in such races not only an industrial asset of great value, but also the assurance of a population remarkably free from the degenerative effects seen in those classes which have been for several generations factory operatives and dwellers in the congested centers of large industrial populations. Recognizing the constant and increasing need of a population not only capable of but willing to do the rougher work of opening up new areas by building railways and canals, we may consider it a fortunate matter if such can be obtained of clean blood and much native energy, only requiring the influence of social and educational environments to transform them into good citizens and absorb them into the masses of our law- abiding and progressive communities.

The wide range of causes for deportation under the Canadian law is shown by the following table :

TABLE 40. Deportations from Canada during the fiscal year 1909, by cause. [From Report of Superintendent of Immigration, Canada, 1909, p. 109.]

Cause of deportation.

Num- ber.

Cause of deportation.

Num- ber.

I. General: * Tuberculosis

54

VII. Genito-urinary: Chronic cystitis (bladder)

1

Alcoholism

27

Kidneys (Bright 's). .

2

Rheumatism .....

15

VIIT. The skin:

4

Eczema

1

Diabetes

2

IX. Malformation:

2

Senility

10

Abscess

1

Deafness .•*. - . .

4

1

Blindness

3

Exophthalmia

1

Spinal curvature

1

1

Crippled

11

[II Eyes-

Potts disease

2

Defective sight

11

X. Accident'

Cataract

1

Frostbite

3

Trachoma

1

Injured

3

III. Nerves:

Rupture

6

Insane

113

XI. Ill defined-

35

Physical debility

82

Epilepsv

22

Physical and mental debility

14

Paralysis

4

XII. Other-

Nervous debility

1

Public charge

1,074

Loss of memory . . .

1

Criminal

115

I

56

Acute nostalgia

1

Accompanying

21

IV. Circulatory:

Prostitution

8

Heart disease

13

Bad character

7

7

V. Respiratory:

Total

1,748

Bronchitis .

1

1

VI. Digestion: Hernia

2

Fistula

1

oReport of the Superintendent of Immigration, Canada, 1908, p. 136. &Ibid., 1909, p. 110.

The Immigration Commission.

The following table shows the distribution of persons deported from Canada during the years 1907 and 1908, by cause and race :

TABLE 41. Immigrants deported from Canada after admission, by race or nationality and cause, fiscal years 1907 and 1908.

[Compiled from reports of Superintendent of Immigration, Canada.]

Other

physical

Race or nationality.

Tuber- culosis.

Insanity.

and mental

Crimi- nals.

Public charges.

Others.

Total.

and dis-

abilities.

United Kingdom:

English

49

121

140

31

172

153

666

Irish

5

9

6

3

11

7

41

Scotch

5

14

10

8

17

9

63

Welsh

1

1

1

4

Bukowinian

2

2

3

Bulgarian

63

68

Danish

3

1

3

7

Dutch

1

2

1

5

9

Fjnnish

2

1

1

4

French . .

1

5

2

8

Galician

3

6

4

6

7

26

German

1

3

1

1

6

Hebrew .

4

6

3

1

2

16

Hindu

5

5

Hungarian

3

2

1

6

Italian

3

2

2

5

1

1

14

Norwegian

1

5

1

2

9

Russian

1

1

1

1

4

Swedish

4

3

2

3

12

United States

2

7

1

5

8

29

52

Others

2

1

3

2

g

Total

85

182

185

58

302

214

1,026

It will be noted that, with the exception of the Bulgarians, all of whom were deported as public charges, the various causes of deporta- tion were well distributed among the races. Particularly suggestive is the fact that the English contributed largely to each class of what Mr. Bryce terms " ineffectives in general."

The Canadian law relating to the deportation of admitted aliens is radically different from the United States law upon the same subject. Under the latter but one class of aliens can be deported for acts com- mitted or because of circumstances due to causes which arise subse- quent to their admission to the United States. The exception noted occurs in section 3 of the immigration law of February 20, 1907,° which provides that

any alien woman or girl who shall be found an inmate of a house of prostitu- tion or practicing prostitution at any time within three years after she shall have entered the "United States shall be deemed to be unlawfully within the United States and shall be deported * * *.

The United States law, however, also provides : 6

That any alien who shall enter the United States in violation of law, and such as become public charges from causes existing prior to landing, shall, upon the warrant of the Secretary of Commerce and Labor, be taken into custody and deported to the country whence he came at any time within three years after the date of his entry into the United States.

"Appendix H, p. 145.

6 Section 20, United States immigration act of February 20, 1907. dix H, p. 145.

Appen-

The Immigration Situation in Canada.

55

A comparison of the last-mentioned provision of the United States law with section 28 of the Canadian act of 1906, previously quoted (p. 49), clearly indicates the radically different policy of the two countries in this regard. Under the Canadian law deportation was not restricted to those cases where the alien became a public charge from causes existing prior to landing, but he could be deported from Canada for causes arising at any time within two ° years after land- ing. Because of this difference in the law and policy of the two governments it is impossible to make comparison other than to merely indicate the result obtained under each. This is presented in the fol- lowing table, which shows the number of immigrants admitted to each country during the fiscal years 1907, 1908, and 1909, and the number deported from each country after admission during the same period :

TABLE 42. Immigrants admitted and aliens deported after admission, Canada and the United States, fiscal years 1907 to 1909.

[Compiled from reports of Superintendent of Immigration, Canada, and reports of United States Commissioner-General of Immigration.]

Country.

Immigrants admitted.

Aliens deported.

Proportion deported.

Canada

534, 044

2 774

1 to 193

United States

2, 820, 005

5.188

1 to 544

As previously stated, no restriction was placed upon the deporta- tion of delinquent, defective, and otherwise undesirable aliens from Canada, proyided the cause for such deportation arose within two years after arrival. Under the United States law the process of deportation, except in the case of prostitutes as noted, is accompanied by the necessity of proving illegal entry into the country or, in the case of public charges, that they became such from causes existing prior to landing. Moreover, under the Canadian law municipal au- thorities are required to cooperate with government officials in mak- ing the deportation provision effective, an arrangement which does not and can not exist in the United States. On the other hand, the United States law permits deportation within three years, while the Canadian law under discussion limited such time to two years. All things considered, the possibility of deporting undesirable aliens is much less restricted in Canada than in the United States, but the above table indicates that, in spite of severe legal restrictions and the absence of compulsory assistance from state or municipal authori- ties, the comparative results obtained in the United States were de- cidedly favorable.

The possible effect of the adoption in the United States of the de- portation provisions in the Canadian law must of necessity be a mat- ter of speculation. A suggestion in this regard, however, based on the census of alien inmates of penal, reformatory, insane, and chari- table institutions in the United States made by the Bureau of Immi- gration in 1908, is interesting if not conclusive. The census referred

a Under the present Canadian law, act of May 4, 1910, the time within which such deportation can be made is fixed at three years.

79520°— VOL 40—11 5

56

The Immigration Commission.

to included all penal, reformatory, and charitable institutions, public and private, including county jails and poorhouses, institutions for feeble-minded, hospitals, asylums, and penal institutions of all classes in the United States and in Alaska, Hawaii, and Porto Rico. In the case of all aliens detained in institutions covered by this cen- sus an attempt was made to learn the length of time they had been in the United States. This information could not be secured from all aliens, and the percentages which appear hereafter are based upon answers of aliens from whom this information could be obtained.0 The data, moreover, are not entirely reliable for the purpose at hand, as the census included some aliens classed as criminals who, while detained in penal institutions at the time, had not actually been con- victed of crime. The census also included persons detained for minor offenses as well as serious crimes, and it is probable that even cinder the sweeping provisions of the Canadian law not all of this class would have been considered deportable.

The results of the census show that 60,501 aliens or unnaturalized foreign-born persons were detained in all penal, reformatory, and charitable institutions, and the approximate number who had been in the United States two years or less was 7,769.

The following table shows this result in detail :

TABLE 43. Aliens detained in penal, reformatory, and charitable institutions, United States, 1908, by class and length of time in country.

[Compiled from report of United States Commissioner-General of Immigration, 1908.]

Class.

Total.

In country two years or less.

Number.

Percent.

Criminals

15, 323 25,606 19, 572

3,049 845 3,875

19.9 3.3 19.8

Insane

Paupers .... . . ...

Total

60,501

7,769

The total number of inmates of all institutions enumerated was 610,477, including 60,501 aliens, 73,593 naturalized citizens, and 476,- 383 native born, and theoretically, under the Canadian law, 7,769, or 1 to every 79 of the whole number detained, were deportable.

MEDICAL OFFICERS AND THEIR DUTIES.

The Canadian immigration laws and regulations confer great ad- ministrative authority upon medical officers, especially with reference to the admission, exclusion, and deportation of immigrants. The chief medical officer is directly responsible to the immigration de- partment for the proper enforcement of regulations necessary to prevent the landing of undesirable immigrants. Local medical offi- cers at ports of landing exercise like authority in a more restricted field. The following regulation issued under the Canadian law, and

0 Report of United States Commissioner-General of Immigration, 1908, p, 96.

The Immigration Situation in Canada. 57

applied alike to the chief and to local medical officers, illustrates the peculiar powers vested in these officials : a

All agents and officials of the department must obey all directions given by the medical officer regarding th£ deportation or the retention of any immigrants with respect to whose health there has been, or is, any question.

In striking contrast with this is the position of medical officers under the United States immigration law, section 17 of which provides : &

That the physical and mental examination of all arriving aliens sh^ll be made by medical officers of the United .States Public Health and Marine-Hos- pital Service, * * * who shall certify for the information of the immigra- tion officers and the boards of special inquiry * * * any and all physical and mental defects or diseases observed by said medical officers in any such alien * * *

To complete the contrast, attention is directed to the following regulation of the United States Bureau of Immigration relative to medical officers detailed from the Public Health and Marine-Hospital Service to the immigration service:0

Every officer of such service (United States Public Health and Marine-Hos- pital Service) detailed for this duty shall, subject to the instructions of the Surgeon-General of the Public Health and Marine-Hospital Service, be under the direction of the immigration officer in charge of the port to which he may be detailed.

It will be observed that the authority of the United States medical officer does not extend beyond the mere certification of the physical and mental condition of immigrants, their admission or exclusion being entirely in the hands of the immigration officers, boards of special inquiry, and the Secretary of Commerce and Labor, except in cases where rejection is mandatory under the law.

On the other hand, the Canadian medical officer exercises abso- lute authority with regard to the admission or rejection of immi- grants when the matter of health is in question and his functions as an administrative officer of the government extend even beyond this. In short, the duties of the Canadian medical officer are administra- tive as well as professional, while the United States medical officer serves merely in an advisory capacity.

CONTRACT LABOR.

Canada's contract-labor policy is exceedingly interesting in com- parison with the United States policy in that regard.

An immigrant coming to Canada without first having assured him- self that some definite employment awaits him is quite likely to be debarred from entering on that account ; d while an immigrant who comes to the United States with such assurance, and admits it, is necessarily excluded as a contract laborer.6

The difference in the policy of the two countries, as far as individual cases of so-called contract labor are concerned, is strikingly illus-

a Report Canadian Superintendent of Immigration, 1909, p. viii.

6Appendix H, p. 145.

0 United States Immigration Laws and Regulations, eighth edition, December 15, 1909, p. 33.

d Circular letter " In re exclusion of over-seas immigrants," Canadian Super- intendent of Immigration. Appendix C, p. 105.

e Section 2, United States immigration act of February 20, 1907, Appendix H,

58 The Immigration Commission.

trated at Canadian ports where immigrants destined both to Canada and the United States are examined. A single instance observed by a member of the Commission will illustrate the point. At Quebec recently a young Englishman destined to a middle western State was held for the United States board of special inquiry because he innocently admitted to an inspector that his brother, already in the United States, had assured him that he could have work on a rail- road if he would come. Acting upon that assurance he left England to join the brother. When examined before the Board, he stated that*he did not know the name of the railroad or the nature of the work, but simply had been assured that such a place awaited him. A rigid though sympathetic cross-examination failed to change the young man's story, and he was excluded by the Board, a decision wtyieh, could hardly have been otherwise under the provision of the United States law which excludes a

persons * * * called contract laborers, who have been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written, or printed, expressed or implied, to perform labor in this country of any kind, skilled or unskilled.

While the above-mentioned case was being considered before the United States board, Canadian officials were conducting an examina- tion of Canadian-bound immigrants from the same ship in which assured employment was insisted upon as one of the chief requisites to admission.

Canada's policy in this regard is clearly illustrated by the following from an advertising pamphlet issued by the authority of the minister of the interior : 6

Important. Farmers, farm laborers, and female domestic servants are the only people the Canadian immigration department advises to emigrate to Can- ada. All others should get definite assurance of employment in Canada before leaving home and have money enough to support them for a time in case of disappointment.

PROTECTION OF IMMIGRANTS.

Under the Canadian system the official interest of the government in the immigrant continues until he has secured employment or reached his final destination in Canada. At many points in the dis- tricts to which immigrants go the immigration department maintains agencies which assist the newcomers, and so-called immigration halls for the free accommodation of newly arrived immigrants have been established at various places. The Dominion government also main- tains free information or employment bureaus in the principal cen- ters for the benefit of employers of labor as well as persons seeking employment. Through these bureaus the immigration department and its agents abroad are kept informed as to the demand for labor in various parts of the country, and so are enabled to, in part, direct immigrants to points where assured employment awaits them. In many cases the agents abroad advise the employment bureaus of the coming of immigrants in order that arrangements for their employ- ment may be completed by the time they reach Canada. The Cana-

0 Section 2, United States immigration act of February 20, 1907. Appendix H, p. 145.

6 " Classes Wanted in Canada." Issued by the authority of the minister of the interior, Ottawa, 1909.

The Immigration Situation in Canada. 59

dian department seeks to protect newly arrived immigrants from all kinds of imposition and exploitation. Hotels and boarding houses patronized by immigrants are regulated by law,a and generally the newcomers are treated as wards of the government until they are finally established.

An instance of Canada's care of the immigrant appears in the coop- eration of the department with the various churches. The Canadian steamship manifest contains among other inquiries a question rela- tive to the religion of the immigrant. The immigration authorities state that officials of the department are instructed not to insist upon an answer to this question if any objection to answering it is raised by the immigrant. The information, it is stated, is gathered not because the government lays any stress upon religious belief or makes it in any sense a test of the admissibility of the immigrant, but largely in order to assist the churches in work among those newly arrived. A list of arriving immigrants, classified by their religious belief, and their destinations, is furnished to the head of any religious denomina- tion requesting the same. Such church officials are enabled in this way to notify church authorities in different localities of the arrival of such immigrants, and it is said that much good results, not merely in putting the new immigrants into better social surroundings, but also in the way of helping them to secure work.

a Sees. 71 and 72, Canadian immigration act of 1910. Appendix F, p. 117. See also Appendix G, No. V, p. 143.

CHAPTER V. ORIENTAL IMMIGRATION.

Canada, in common with other colonial possessions of Great Britain and with the United States, has an oriental immigration problem, and like other countries has adopted a policy which prac- tically excludes Asiatic laborers. As in the United States, oriental immigration was for a considerable period confined almost exclu- sively to the Chinese. Later came the Japanese, and finally the Hindus, or East Indians. These immigrants, for the most part, settled on the Pacific coast, and the Province of British Columbia led the movement for their exclusion.

In 1900 the legislative assembly of this Province adopted what was known as the " British Columbia immigration act." a And this act was framed to exclude Asiatics primarily, but by its terms all illit- erates might also be denied admission to the Province. The provision under which it was sought to accomplish this end was as follows :

The immigration into British Columbia of any person who, when asked to do so by the officer appointed under this act, shall fail himself to write out and sign in the characters of some language of Europe, an application to the pro- vincial secretary of the Province of British Columbia, to the effect of the form set out in Schedule B to this act annexed, shall be unlawful.

Schedule B, referred to, was as follows:

SCHEDULE B. Province of British Columbia.

SIR : I claim to be exempt from the operation of the " British Columbia im- migration act 1900." My full name is . My place of abode for the past twelve months has been . My business or calling is . I was born

at in the year .

Yours, etc., .

The act further provided that

An immigrant making his way into or being found in British Columbia in contravention of the provisions of this act shall not be entitled to a license to carry on any trade or calling that is subject to the legislative authority of British Columbia, nor shall he be entitled to acquire and hold land, or to any of the rights or privileges of a free miner, or to a free miner's certificate, or to exercise the franchise, and any license or franchise right which may have been acquired in contravention of this act shall be void.

The " British Columbia immigration act " was disallowed by Earl Minto, governor-general of Canada, in 1901. &

0 Chapter 11, Revised Statutes British Columbia. 1900. & The British Columbia Gazette, October 10, 1901, p. 1677.

61

62 The Immigration Commission.

Similar acts were passed by the legislative assembly of British Columbia in 1902," 1903,& 1904,c and 1905," but all were disallowed. In each of these acts the immigrant's admission to British Columbia was conditioned upon his ability to " write in the characters of some language of Europe." The acts of 1902 and 1903 proposed a reading test also, and the acts of 1904 and 1905 required that the immigrant write at dictation " in the characters of some language of Europe," and sign " a passage of 50 words in length in an European language."

Although British Columbia was unable to legislate effectively against Asiatic immigration the agitation for restriction continued until the Canadian government adopted measures which resulted in practically excluding Asiatic immigrants from the Dominion.

CHINESE IMMIGRATION.

Canada, like the United States, dealt with the Chinese situation through special legislation, but sought to prevent their coming by means of a prohibitive head tax rather than by absolute restriction. At first the tax was fixed at $50, but evidently this did not have the desired effect, for the amount was increased from time to time until at present every Chinaman, except those belonging to a limited exempt class, is required to pay $500 for the privilege of entering Canada. The Canadian law in this regard is as follows : e

Every person of Chinese origin, irrespective of allegiance, shall pay into the Consolidated Revenue Fund of Canada, on entering Canada, at the port or place of entry, a tax of five hundred dollars, except the following persons who shall be exempt from such payment, that is to say :

(a) The members of the diplomatic corps, or other government representa- tives, their suites and their servants, and consuls and consular agents.

(ft) The children born in Canada of parents of Chinese origin and who have left Canada for educational or other purposes, on substantiating their identity to the satisfaction of the controller at the port or place where they seek to enter on their return.

(c) Merchants, their wives and minor children ; the wives and minor children of clergymen; tourists; men of science (subject to such regulations as may from time to time be made by the Governor in Council) ; duly certified teach- ers; who shall substantiate their status to the satisfaction of the controller, subject to the approval of the minister, or who are bearers of certificates of identity, or other similar documents issued by the Government or by a recog- nized official or representative of the Government whose subjects they are, specifying their occupation and their object in coming into Canada.

2. Every such certificate or other document shall be in the English or French language, and shall be examined and endorsed (vise) by a British consul or charge" d'affaires or other accredited representative of His Majesty, at the place where it is granted, or at the port or place of departure.

3. A student of Chinese origin who upon first entering Canada has substan- tiated his status as such to the satisfaction of the controller, subject to the ap- proval of the minister, and who is the bearer of a certificate of identity, or other similar document issued by the Government or a recognized official or representative of the Government whose subject he is, and who at that time satisfies the controller that he is entering Canada for the purpose of securing a higher education in one of the recognized universities, or in some other edu- cational institution approved by the Governor in Council for the purposes of this section, and who afterwards furnishes satisrectory proof that he has been a

0 Chap. 34, Revised Statutes, British Columbia, 1902. 6 Chap. 12, Revised Statutes, British Columbia, 1903. c Chap. 26, Revised Statutes, British Columbia, 1904. <* Chap. 28, Revised Statutes, British Columbia, 1905. e Canadian Chinese Immigration Act, sec. 7, as amended July 20, 1908.

The Immigration Situation in Canada. 63

bona fide student in such university or educational institution for a period of one year shall be entitled to a refund of the tax paid by him upon his entry into Canada.

In 1907 Mr. W. L. Mackenzie King, now minister of labor, but then deputy minister, was appointed a commissioner to inquire into the methods by which oriental laborers had been induced to come to Canada, and from his report upon the subject is quoted the following statement relative to Chinese immigration to Canada, past and present : a

It was in the days of gold discovery in the mines of Cassiar and Caribou, in the early sixties, and of the construction of the Canadian Pacific Railway, in the early eighties, that immigration from China to Canada took place on a con- siderable scale, there being no restrictions of any kind imposed. The numbers became such, however, that in 1884 the government of the day found it neces- sary to appoint a royal commission to make inquiry concerning this immigra- tion, and in * * * 1886 a tax of $50 per head was imposed on every Chi- nese immigrant. The number of Chinese who had come into Canada at that time was estimated as between 9,000 and 10,000. The Dominion census for the year 1891 gave the total of Chinese in Canada as 9,129, of which number 8,910 were in British Columbia. From these figures it would appear that the large influx of Chinese into British Columbia during the building of the Canadian Pacific Railway was well absorbed, nearly all apparently remaining in this country or others coming in to take their place. During the following decade the numbers so increased that in 1900 the Dominion government increased the capitation tax from $50 to $100, the increase to take effect on January 1, 1901. It was contended by the people of British Columbia that this was inadequate and ineffective in preventing Chinese immigration to Canada, and the govern- ment in the same year appointed a second commission to investigate concern- ing Chinese and Japanese immigration into the province. The census in 1901 gave the total number of Chinese in Canada as 16,792, of which by far the greater portion were in the Province of British Columbia. The commission appointed in 1900 found that, as represented, the $100 head tax upon Chinese was ineffective and inadequate, and recommended that the amount of the tax be increased to $500. Adopting this recommendation, Parliament, in July, 1903, enacted a law placing a tax of $500 on all Chinese entering the country, but its provisions did not come into force till January 1, 1904. The returns show that between June, 1900, and January 1, 1904, over 16,000 Chinese paid the tax of $100, as follows :

Fiscal year

June, 1900-1901 2, 518

June, 1901-2 3, 525

June, 1902-3 5, 245

June, 1903, to January 1, 1904 4, 719

Total '16, 007

In other words, the total Chinese population in Canada nearly doubled during the years 1900 to 1903, inclusive. Assuming that the bulk of the Chinese who came into the country remained here, it would appear that at the time the $500 tax was imposed there were over 30,000 Chinese in Canada, most of whom were in the Province of British Columbia. What effect the new legislation had will be apparent from the following figures, which show the number of Chinese who have paid the tax in the years since the $500 limit was imposed :

From January 1, 1904, to June 30, 1904 0

From June 30, 1904, to June 30, 1905 8

From June 30, 1905, to June 30, 1906 22

From June 30, 1906, to June 30, 1907 91

From June 30, 1907, to March 31, 1908 1, 482

0 Report of the Royal Commission appointed to inquire into the methods by which oriental laborers have been induced to come to Canada. W. L. Mac- kenzie King, C. M. G., Commissioner, Ottawa, 1908, pp. 69-72.

64 The Immigration Commission.

Paradoxical as it may be, the all but complete cessation of Chinese immigra- tion which followed the increase of the capitation tax to $500, which cessation continued up until the beginning of 1907, and the sharp upward movement which has taken place since, are each, in large measure, the result of the increase in the amount of the tax. The explanation is simple. Prior to the imposition of any tax Chinese came to this country in such numbers that they not only entered into serious competition with white labor, but being in such numbers there was more or less competition among themselves. Unfamiliar with the con- ditions in Canada, having come from a laud where unskilled labor earns from 5 to 10 cents per day, and skilled about double, and at most treble, that amount, a wage of $20 to $40 a month to a laborer and a wage of $10 to $30 to a servant appeared to afford the opportunity of saving, within the course of a few years, that fortune which the Chinese immigrant came to this country to seek. Labor agencies and contractors found it a profitable business to bring Chinese in large numbers to the country. Yip Sang, a prominent Chinese merchant of Vancouver, stated that were there no tax at the present time at least 8,000 would come out each year, and that he himself would bring out Chinese in large numbers. Chinese brought to this country by labor agencies and contractors, or who had come of their own volition, by informing relatives and friends in China of opportunities here, set up what may be described as a natural flow in the tide of Chinese emigration ; this tide the tax of $50 or $100 was too small to check.

The imposition of a $500 tax administered a death blow to the work of the labor agencies and contractors. For a while it raised an almost effective bar- rier against the natural tide. An advance of $50 or even $100 to emigrants coming under the guarantee of service was a risk which agencies or con- tractors, considering first the security of their profits, hesitated to incur ; when this amount was raised to $500, such an advance could no longer be con- sidered as a business proposition. Likewise, the Chinaman who was desirous of having his relatives or friends share his opportunity discovered that through the imposition of the tax the economic inducement to immigration had been suddenly swept away. At the rate of wages then current for Chinese labor, he could extend to his friends no hope of being able to recover, even after many years of industrious toil, an outlay for admission so considerable. The Chinese at home looked on the new tax as constituting an all but impossible bar- rier. The Chinamen in the new land had not yet seen how this barrier was to be surmounted. Then the economic effect of the tax gradually became apparent. The Chinaman who had landed in this country prior to January, 1904, dis- covered that the state, unwittingly perhaps, had, by restricting further compe- tition from without, created of his labor a huge monopoly; without organiza- tion, without expense, without even agitation, every Chinaman became a unit in a labor group more favored than the most exclusive and highly protected trade union. Then monopoly began to do its work. The Chinaman, discovering his protected position, sought the advance in wages which comes from an increasing demand and a diminishing supply. Within a couple of years the wages doubled, and in some instances, more particularly in the case of servants of a better class, trebled, and even went beyond this point Yip Sang testified that before the $500 tax was imposed he paid Chinamen for packing fish from $25 to $40 a month, with food; that now he has obliged to pay for the same services $60 to $70; that in other classes of employment Chinese were obtain- ing at the present time $2.50 where before the tax had been imposed only $1 was received. Thus, it has come about that as a result of the rise of wages con- sequent upon the monopoly created by the tax Chinamen have found, speak- ing generally, that once in the country it is possible to accumulate within half the time the sum desired, and that thereafter the fortune from year to year is apt to be nearly or more than double what it originally was.

It took about three years for the economic changes to wrork out and for the Chinaman to become fully aware of the new situation. Once cognizant of it, he began to advise his relatives and friends in China.

With the betterment of their economic conditions, the number of Chinamen returning for a visit to their own country began to increase. This number has grown so steadily since the tax was imposed that during the closing months of the past year the steamship companies found it next to impossible to afford the accommodation demanded by Chinamen desirous of returning for a short sojourn to their own land. Many Chinamen who have gone on a visit to their own country have brought back with them relatives or friends. Others who have remained in Canada have sent home money to assist in the bringing of

The Immigration Situation in Canada.

65

others out. Some have simply furnished the information and have left it to the intending emigrant to procure in such way as he might the amount that was necessary to pay his passage and the tax imposed.

The difference in the remuneration of labor in Canada and China, and the fact that the savings of a few years here constitute a life fortune in China, have constituted the main incentives to emigration. The tax and its economic effects account for the numbers being what they are. The assistance given to their relatives and friends by Chinese, either here or in China, sometimes from humanitarian, sometimes from commercial motives, explain the means by which they have come. In addition to this a number of those who are coming at the present time are Chinese who have resided in the United States at one time, or have friends residing here at present. They know conditions on this side of the water, and not being permitted to enter the United States are coming to this country.

CHINESE IN TRANSIT.

The persistence of the Chinese in coming to the New World, despite the inhospitable attitude of Canada and the United States, is in part shown by the number annually passing in transit through Canada, bound for the West Indies and elsewhere.

The following table shows this movement through the port of Vancouver for the past three years :

TABLE 44. Chinese in transit through Canada, via Vancouver, ~by destination, fiscal years 1901 to 1909.

[Compiled from statistical table furnished by department of trade and commerce, Canada.]

Fiscal year.

United

States.

Eng- land.

Mexico.

West Indies.

New- found- land.

Central America.

Cuba.

Trinidad and South America.

Total.

1907

688

61

53

1 010

120

12

5

2

1 951

1908

1,008

28

117

1.702

75

7

2 937

1909

1 089

37

837

1 469

14

3 446

Total

2 785

126

1 007

4 181

120

101

5

9

8 334

During the same years 88 Chinese destined to the United States were, according to the same authority, admitted at the port of Vic- toria. During the fiscal year 1908, 2,800 Chinese passed through the United States in transit to other countries. Of these, 1,962 reached the United States overland, and of course many of them are recorded in the Canadian statistics quoted. Of this class of immigrants the United States Commissioner- General of Immigration says:a

There is no doubt that with these transits, as with the same class in the past, many enter Mexico and other near-by countries with the purpose, often accom- plished, of eventually taking up a residence in the United States despite the pro- visions of law, * * *.

JAPANESE IMMIGRATION.

Until recent years no record was kept of Japanese immigrants arriving in Canada, and consequently the development of the move- ment can not be accurately traced. The Canadian census of 1901 6 shows that 4,674 persons born in Japan were in the Dominion at that

a Report of United States Commissioner-General of Immigration, 1908, p. 159. 6 The Canada Year Book, 1908, pp. 2 and 4.

66 The Immigration Commission.

time, 4,515 of whom were in the Province of British Columbia. Ac- cording to the same census,0 27 persons born in Japan were present in the Provinces of Manitoba, Saskatchewan, and Alberta. A census taken in 1906° in these three Provinces shows an increase of only 77 in the Japanese population. In the meantime a considerable num- ber of Japanese had come to Canada, but, as in the United States, they appear to have settled near the Pacific coast. Statistics are available relative to Japanese immigration to Canada beginning with the fiscal year 1905, and the movement since that time has been as follows : 6

1904-5 354

1905-6 1,922

1906-7 (9 months) 2,042

1907-8 7,601

1908-9 495

April 1-August 31, 1909 _. 147

Total 12,561

It was estimated that at the beginning of the year 1907 the Jap- anese population of British Columbia was about 7,500, although W. L. Mackenzie King c thinks the number was considerably less. Dur- ing the year 1907 Japanese immigration exceeded the total estimated Japanese population of the Province at the beginning of the year. This increased the already existing and determined opposition in western Canada to oriental immigration. In this connection Mr. Mackenzie King, in the report referred to, says :

Assuming, however, that 7,500 was the total Japanese population at the be- ginning of the year, it is not a matter of surprise that with the arrival at their shores of 8,125 Japanese in the ten months following, the people of British Columbia, and more especially the residents of Vancouver, should have experi- enced some concern, and that as vessel after vessel landed an ever-increasing number, until in fewer months than it had taken years to bring the Japanese population of British Columbia to what it was, this total was exceeded by new arrivals, that consternation should have been felt in many quarters. If any- thing more were needed to occasion unrest, it was to be found in the simul- taneous arrival from the Orient of Hindus by the hundreds and Chinese in larger numbers than those of immediately preceding years. It was an alarm at numbers, and the cry of a white Canada was raised.

Of the 8,125 Japanese immigrants above referred to, 77 were refused admission and 3,619 held passports for the United States, so that the actual number admitted to Canada was 4,429.d According, to the same authority, 2,779 of these immigrants came from Hawaii, 9 from Mexico, and 1,641 direct from Japan. Of the immigrants direct from Japan, says Mr. Mackenzie King, 900 in round numbers were sent out by the Tokyo Emigration Company at Yokohama at the instance of the Canadian Nippon Supply Company at Vancouver, in accordance with an arrangement effected between these two com- panies. The business of the latter company was to furnish Japanese laborers to contractors and other large employers and to furnish supplies to such laborers.

dThe Canada Year Book, 1908, p. 163.

6 Statistical tables furnished by Canadian immigration department.

c Report of the Royal Commission appointed to inquire into the methods by which oriental laborers have been induced to come to Canada. W. L. Mac- kenzie King, C. M. G., Commissioner, Ottawa, 1908, p. 21.

d Ibid., p. 22.

The Immigration Situation in Canada. 67

It appears that the influx of Japanese from Hawaii into Canada was largely due to the restriction placed upon such immigration into the United States, and because of this Mr. Mackenzie King's report upon the movement is of particular interest. He says in part : a

The Japanese emigrant who reaches the Hawaiian Islands passes beyond the jurisdiction of his native country and comes beneath the flag of the United States. If employed in the sugar or rice fields, where most of his fellow-coun- trymen work, he will find himself the servant of an association of capitalists who control the political and financial destinies of the island. The Planters' Association of Honolulu is an organization of employers formed for the protec- tion of their mutual interests. Its influence is limited only by the wealth it represents, while the indirect effects of that influence are of vaster sweep than its possessors know. It is reported that the wishes of this association were not forgotten when the United States Government enacted in January of last year, " that whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States, or to any insular possession of the United States or the Canal Zone, are being used for the purpose of enabling tiie holders to come to the continental territory of the United States from such other country, or from the Canal Zone, or from such insular possessions * * *."

It is believed, at least by the Japanese who reside in the islands, that the members of the Asiatic Exclusion League in San Francisco were not without contributions from the association's incidental expense fund, to assist them in an agitation which by excluding Japanese from the mainland would confine that class of labor to the islands, to the greater economic advantage of the members of the association. It was suggested by one of the Japanese witnesses who gave testimony before the Commission, that the influence of the Planters' Association was not altogether inoperative in British Columbia to-day. Inoperative it cer- tainly has not been, if we recognize the fact that it was in the efforts of the Planters' Association to lower the wages of the Japanese resident in Hawaii, that we find the beginnings of that unrest which has led to Japanese coming in such large numbers from the Hawaiian Islands to British Columbia during the past year. A ship that landed over 1,000 Portuguese at Honolulu, brought by the Planters' Association from Madeira to help weaken the competition of the emigrant arrivals from Japan, carried away from that port within a fortnight later, Japanese in equal numbers, who, failing to find admission to the American continent via San Francisco, as before, came at the instance of those who en- gineered the expedition to Canada instead ; nor was this the only expedition of the kind. There was, however, a curious irony in the whole situation; more especially, as it happened that United States citizens practicing law in Hono- lulu, acted as the legal representatives of the Japanese boarding-house keepers, the parties primarily responsible for the exodus of their fellow-countrymen from the islands, and that in their efforts to go one better, planters and, boarding- house keepers alike were losers in the ventures they had planned.

As has been seen, the total Japanese immigration to Canada from the Ha- waiian Islands during the ten months ending October 31, 1907, was 2,779. This immigration had its beginning in arrivals in small numbers brought by Austra- lian lines to the port of Victoria during the early months of the year. It was in the summer months, with the arrival at the port of Vancouver of the Admiral Jaureguiberry, and especially the arrivals subsequently of the Kumeric and Indiana that the citizens of Vancouver saw landing at their wharves a foreign multitude for which accommodations within the city's precincts could not be found. It was then that many of the indifferent were alarmed and that the people at large became aroused to what the possibilities of an unlimited immi- gration of persons from the Orient might mean. * * * The expeditions of the Admiral J aureguiberry and the Kumeric were each, in the nature of two- sided speculations. Their promoters were desirous of changing the attitude of the Planters' Association toward the Japanese residents in the islands; they were hopeful also of reaping a considerable profit from the transportation supplied to the Japanese who might be persuaded or desirous of leaving for Canada. The trips of the Indiana were not dissimilar in this respect.

The ground had been well prepared, unintentionally doubtless, but most effect- ively, by the action of the Planters' Association. When the Japanese came to

a Report of the Royal Commission appointed to inquire into the methods by which oriental laborers have been induced to come to Canada. W. L. Mackenzie King, C. M. G., Commissioner, Ottawa, 1908, pp. 54-63.

68 The Immigration Commission.

the Hawaiian Islands they worked for very small wages. It is estimated that they came to the number of 50,000 or 60,000, this being in part, through the efforts of the planters to replace native labor on the plantation by Japanese coolies, a movement which started some twelve years ago. Of recent years, however, and especially since the Japanese war, the emigration of Japanese to Hawaii has been considerably restricted, and the resident Japanese have sought hard to secure an increase in their wages and improved conditions of employ- ment. This the planters refused to grant ; instead they began to arrange for the importation of Portuguese labor. The unrest thus created by the action of the planters, the boarding-house keepers sought to intensify through the agency of a local subsidized Japanese press, by means of which advantages of British Co- lumbia as a place where labor was in demand, wages high, and opportunity great, were brought before the minds of the workers in the plantations. Many were the articles appearing, some as press dispatches from Vancouver, others simply descriptive. They were met by articles of a different sort inspired from another source; but the fact that wages for common laborers on the plantations were anywhere from $18 to $35 per month, whereas on the railways of British Colum- bia they were from $1.35 to $1.50 per day, gave the best of the argument to those who were seeking to bring about an exodus sufficiently great to make the plant- ers aware of the limited supply of available labor, and secure for it remunera- tion at an increased rate. A brief account of the several expeditions will serve to illustrate the methods employed.

The Japanese boarding-house keepers of Honolulu, having learned that with the consent of the Government at Washington, some 3,000 Portuguese were to be brought under contract from the Canary Islands to work on the sugar plan- tations, that they were being brought by the Savaric and the Kumeric of the Andrew Weir Line, entered into negotiations with the Theodore Davis Com- pany, of Honolulu, for the chartering of vessels to take Japanese to Canada. They succeeded in chartering the Admiral Jaureguiberry, and when the Kumeric arrived at Cote in Chile on her way from Madeira to Honolulu, the agents of the Theodore Davis Company succeeded in chartering her for the boarding- house keepers, to be in commission for them as soon as the Portuguese were landed. The Admiral Jaureguiberry got away without much difficulty; she carried only a small number of Japanese emigrants, 241 in all. When she landed at Vancouver, however, Doctor Munro, the medical inspector and immi- gration agent, acting under the regulation of his department that "no person shall be permitted to land who is a pauper or destitute or likely to become a public charge," assuming that the several emigrants had no employment await- ing them, demanded that before landing each should produce at least $25 to insure that he would not become a public charge, and not being supplied with this amount he was about to reject 150 of the new arrivals. Members of the Japanese Boarding-House Keepers' Union at Vancouver, on learning that a number of Japanese had arrived at the port and were about to be turned away for lack of funds, knowing that there would be little difficulty in securing for them imnlediate employment, and seeing the opportunity for a slight revenue in the way of commission for their services, and possibly also out of subsequent business dealings, came to the rescue of the party about to be rejected and advanced in cash the sum of over $3,000 as a guarantee bond that the Japanese would not become public charges. This was accepted by Mr. Munro on the con- dition, that he should be given later a statement showing that employment had been secured by these men and where they were at work. The immigrants were then allowed to land. The passports belonging to these men were retained by the Japanese consul pending their detention. They were later given to the Boarding-House Keepers' Union, which, it is alleged, collected $5 apiece from each Japanese before returning his passport.

While the Admiral Jaureguiberry was meeting with difficulties at Vancouver, the Kumeric was having her own troubles at Honolulu. Having landed 1,400 Portuguese, she began to take on board the Japanese who had purchased their transportation for Canada. The planters, greatly incensed, threatened actions against the captain and used every means to prevent the ship putting out to sea, but she got away eventually and arrived at Vancouver on the 23d of the month.

When the Japanese boarding-house keepers of Honolulu decided on the char- tering of the Kumeric, they retained Mr. Charles F. Chillingworth, a United States attorney, resident in Honolulu, as their solicitor and legal representa- tive. Mr. Chillingworth had in his employ a Japanese interpreter, Mr. Kiro-

The Immigration Situation in Canada. 69

chiro Maruyama. He, it appears, assisted materially in completing arrange- ments and accompanied the emigrants on their voyage to Vancouver. * * *

The charterers had learned from the experience of the emigrants on board the Admiral Jaureguiberry that it would be necessary for each of the passen- gers on the Kumeric to have in his possession $25, in order that he might be able to comply with the regulation of the immigration department as interpreted by its officer at Vancouver. They made arrangements, therefore, to deposit a sum of money with the Theodore Davis Company sufficient to meet the amount which would be required for all the passengers, which amount was sent by draft to the charterers' agent at Vancouver, cashed by him, and distributed among the passengers before they presented themselves for examination to Doctor Munro. The following letter was given by Theodore Davis to Captain Baird of the Kumeric, and shown by him to Doctor Munro on her arrival.

" In order to comply with the immigration law of Canada, we have collected $25 from each of the passengers going to Vancouver on the Kumerie. We have done this for the sole reason that if left in their possession they might gamble it away, and on arrival there they would not have the requisite amount of money, and therefore we considered it would not be safe, after collecting this money, to leave it in their hands, but that it would be better to hand the money over to you as master of the vessel, on account of the danger of carrying a large amount of ready cash. We have therefore sent this money to the ship's agent in Vancouver in the form of a draft, which they will cash and distribute the money among the passengers."

Doctor Munro, having seen this letter of Theodore Davis, was under the im- pression at the time he passed the immigrants that the whole transaction was genuine and bona fide. It appeared subsequently that the money belonging in reality to the charterers, had been put up in this way as " show " money pure and simple, and that Mr. Maruyama, who accompanied the party, had come along to see to the getting of it back after all had been landed.

When the Kumeric'1 's 1,189 passengers had arrived, the boarding-house keepers in Vancouver were greatly concerned. They had not accommodation for more than 300, and the Japanese consul, Mr. Morikawa, was appealed to. After calling upon his worship the mayor, and conferring with Doctor Munro, Mr. Morikawa decided that it would be best to keep the party on board till he would be able to make provision for their shelter. He arranged with the street-car company to provide such cars as it could place at his disposal, and arranged that such numbers as could be handled in this way should be taken to Steveston, where temporary quarters were secured; others were to be taken around by boat to the same point on the Fraser. This was an expense incurred in the interest of the Japanese themselves, and Mr. Morikawa thought it proper that it should be met by them. Having been shown the letter which Captain Baird had in his possession, he secured the consent of the immigrants to hold this money in trust till all were properly provided for, and arranged to have a member of the consulate collect the money from each immigrant as he came off the ship. The consul, moreover, appears to have thought that the money had been put up by parties in Honolulu interested in having these emigrants sent to Canada, and he openly stated that it might help to prevent like occurrences in the future if the money did not find its way back there again.

The sight of a number of immigrant arrivals dropping $25 apiece into a sack held by an officer of the Japanese consul was too much for some of the citizens of Vancouver. The local member of the Dominion Parliament and the city solic- itor each interested himself in having what seemed an extraordinary proceeding immediately stopped. Doctor Munro was sent for and gave orders that no fur- ther collections should be made, and that the money already collected should be returned. Each immigrant, therefore, landed with his $25. Had the money all been collected and returned in the manner which Mr. Morikawa thought expedi- ent, it is probable that none of it would ever have gone back to Honolulu. As it was, many of the Japanese with this amount in their possession spurned the proffers of assistance made them by the Vancouver boarding-house keepers and sought of their own account the furtherance of the good fortune they had com- menced to share the moment they put foot on Canadian soil. Mr. Maruyama had a difficult task. He was able by allowing a small commission to the board- ing-house keepers to get back with their assistance some of the money which the Japanese had been allowed to retain; but Mr. Chillingworth, who happened along on the 26th of August to look after the interests of his clients, frankly ad- mitted in an interview that the whole scheme had been a most pronounced fail-

70 The Immigration Commission.

lire and that those for whom he was acting had been heavy losers by the ven- ture.

But Mr. Chillingworth was not the only lawyer who interested himself in promoting this novel kind of speculation. Mr. A. V. Geer, another American attorney resident at Honolulu, and a Japanese interpreter, Kinsaburo Makino, started a similar though separate venture. The vessel chartered in this case was the Indiana, which arrived at Vancouver during August and September, carrying in the former month 306 Japanese laborers and in the latter 257.

* * * Mr. Geer and his partner, Mr. Makino, had hoped to secure 800 pas- sengers on each trip. They were able to secure only 306 on the first trip and 257 on the second. It is believed that the venture was with them a personal specu- lation. * * * In any event, both expeditions were failures financially to those responsible for them, though they increased the Japanese population in this country to the extent of over half a thousand.

That the numbers from the Hawaiian Islands fell off in the manner they did was doubtless due in part to the increased success which attended the efforts of the Planters' Association, but it appears to have been due also to the efforts of the Canadian Nippon Supply Company and of the Japanese consuls at Vancouver and Honolulu.

The Canadian Nippon Supply Company, as has been shown, profited by the influx from Honolulu to the extent of obtaining only 139 laborers of the num- bers who came in. These, Mr. Gotoh said, proved such poor laborers that he was obliged to sacrifice the contract under which he had put them to work. But the interests of the Canadian Nippon Supply Company, as already shown, lay with the emigration companies of Japan, not with the uncertain numbers coining from parts unknown. The supply company recognized in the agitation which these increases might provoke that the foundations of their own business were threat- ened, and their promotors endeavored in many ways to have the tide of Ha- waiian emigration stemmed.

The Hawaiian Shinpo of July 29 contains in Japanese the following cable dispatch, which Mr. Yoshy admits having sent :

" Special cable to our office. We received a cable message from Mr. Yoshy, director of the Canadian Nippon Supply Company, of Vancouver, 9.40 p. in., of the 27th instant: 'All emigrants completed their landing on the 26th instant. Have not any houses to stay in; can not get any work; were sent out of the city about 12 miles ; white men excited about it ; $25 collected for support and other expenses ; the emigrants had to do this.' "

In the letters and cables sent to Japan by Mr. Gotoh and Mr. Yoshy there are frequent references to the trouble which this immigration from Hawaii was giving them, and the hope was expressed that the Government in Japan mitfht be able to do something to put a stop to it. The following, for example, is a copy of a lengthy cable sent by Mr. Gotoh to the Yokohama branch of the Canadian Nippon Supply Company. It is dated Vancouver, June 4, nearly two months before the above dispatch from Mr. Yoshy to the Hawaiian Shiiapo and before either the Admiral Jaurequibcrry or the Kumeric had sailed :

" VANCOUVER, June 4, 1907. " CANADIAN NIPPON SUPPLY COMPANY,

" Yokohama.

" Information received by cable from Honolulu says certain steamers have been chartered for the purpose of importing another load of immigrants. If they 'are coming in this manner, we do not think we* can provide all these emigrants coming out from Japan with work. They are taking such chances to carry emigrants out from Honolulu, because the Japanese Government has no way to interfere with these affairs. It is most undesirable to bring such a big load of emigrants to this country. Unless by some means these shipments from Honolulu are stopped, I can not say whether we can take care of all emigrants coming from Japan, so try and see officers at the foreign office and see if there are no means to take some decided steps to stop them.

" THE CANADIAN NIPPON SUPPLY COMPANY."

The Canadian Nippon Supply Company knew only too well that any sudden influx of Japanese in large numbers was the beginning of the end with them, and they put forth what efforts they could to save their own undoing.

More effective, perhaps, in their influence in lessening the numbers of emigrants from Hawaii were the repeated cables sent by Mr. Morikawa, the Japanese consul at Vancouver, to the Japanese consul at Hawaii, and the

The Immigration Situation in Canada. 71

exertions of the latter. In the same number of the Hawaiian Shinpo as that in which Mr. Yoshy's dispatch appeared, was the following article containing a cable sent by Mr. Morikawa to the consul at Honolulu. It is headed " Pitiable condition of the emigrants on Kumeric" and reads:

" Concerning the condition of the emigrants who left on the Kumeric, the local Japanese consul-general has not received any information. He sent a cable to the consul at Vancouver ; received the cable this evening, as follows : Half-past 6 p. m., 27th day, by Consul Morikawa, of Vancouver, Kumeric ar- rived at the quarantine station on the 25th of this month. Received strict 'examination by immigration inspector, and yesterday afternoon they all landed. As sent in prior cable, all immigrants have not had any houses to stay ; about 800 sent to Fraser River. I understand they will not be able to secure employ- ment, and they may suffer for want of support. White labor is excited about it, and they made active demonstration. The majority of the emigrants did not know the exact condition in here, and I hope you will try every possible way to stop any more immigrants from there."

Mr. Shintaro Anno, a Vancouver Japanese contractor, who gave evidence before the Commission, testified that he was in Honolulu at the time, and that he had read in the Japanese papers there three or four cables from Mr. Mori- kawa to the Japanese consul at Hawaii " trying in every possible way to pre- vent any more immigrants coming here." Doctor Munro, the Dominion medical inspector and immigration agent, when asked if he thought any of the employ- ment agencies in Vancouver had had anything to do with the bringing *of these men from Honolulu, replied : " No, I don't think so ; but I don't know anything about it. I know the Japanese consul was very averse to seeing them come here. I think the first ship was the Honteagle, and from the time of the first arrival in April the Japanese consul was anxious, and came to see me about it, and asked me if there was no way of preventing these people coming from Hawaii, and he came to my office on a number of occasions and asked me to exercise my powers to prevent these people coming." * * *

It remains to be said that with this immigration from Hawaii it is unreason- able to believe that the Japanese Government could have been in any way concerned.

The following statement made by Mr. Morikawa, in an interview reported in the Vancouver Province, of July 25, 1907, appears to be a true account of the situation in so far as Mr. Morikawa's own endeavors and the attitude of the Japanese Government are concerned :

" When an intimation was first received that there was to be an exodus of Japanese from Hawaii to British Columbia, strong representations were made to the Japanese Imperial Government. The home authorities were agreed with me that the movement was unwise, and instructed me to cooperate with the Japanese consul-general at Honolulu in adopting every measure possible to prevent any of the Japanese laborers from removing to British Columbia. Many cablegrams have been exchanged during the past month in regard to the subject between here, Honolulu, and Tokyo. In endeavoring to stem the movement, we had the active cooperation of the Sugar Planters' Association of Hawaii. In a cable I sent to Honolulu just before the Kumeric sailed, I intimated the unlikelihood of the newcomers securing employment here. My advice was transmitted to the intended immigrants, but seems to have been completely disregarded."

It is true that of the immigrants from Hawaii, all were provided with pass- ports, many of them passports issued by the foreign office of Japan during the present year, but they were passports marked for Hawaii or Hawaii only. In going to Hawaii their holders were voluntarily allowed to pass beyond the jurisdiction of Japan ; in coming to Canada, it seems reasonable to assume they went beyond the wishes of the authorities, by whose permission they had been allowed to emigrate at all. This seems the proper view to* take, but it makes plain this fact, which is of the utmost significance, so far as Japanese immigra- tion to Canada is concerned, that whatever may be the power of Japan to con- trol the emigration from her own shores, that power may end when the terri- torial limit is crossed.

The great decrease in Japanese immigration to Canada during the year 1908 indicates that the movement from Hawaii was short lived,

79520°— VOL 40—11 6

72 The Immigration Commission.

and also the effectiveness of an informal agreement between Canada and Japan, whereby the issue of passports for Japanese coming to Canada is limited to 400 annually.

HINDU IMMIGRATION.

Hindu, or East Indian, immigrants were the latest to become a factor in Canada's oriental immigration problem, but owing to quick and vigorous action on the part of the Dominion the movement was of brief duration. The following statement of arrivals during the past five fiscal years illustrates the rise and fall, as well as the extent, of Hindu immigration to Canada :

1905 48

1906 387

1907 (9 months) 2, 124

1908 2, 623

1909 6

1910 (5 months) 1

Hon. W. L. Mackenzie King, in his report on oriental laborers in Canada, previously referred to, says:0

Mr. David E. Brown, general superintendent of the trans-Pacific service of the Canadian Pacific Railway, who lived for fourteen years in Hongkong and had charge of the company's business in the Orient, when asked before the Commission if he could suggest what had brought the Hindus to Canada in such numbers within the past year, stated in reply that he would say that the move- ment had had its origin in the visit of the soldiers of the different colonies of the Empire to London at the time of the Queen's jubilee; that the Indian troops who had returned home via Canada had been made much of and were im- pressed by the country and its opportunities ; that Indians were employed very largely as police in Hongkong, and that it was from among their number that the movement had started in the first instance. Asked what year that would be, Mr. Brown replied " five or six years ago ; possibly three or four ; it was about a year after, or two years after the Queen's jubilee." When it was pointed out that the Queen's jubilee was in 1897, Mr. Brown said : " Well, say five or six years after they would get back home. As satisfactory reports were sent back by these men on this side, others would be induced to come."

There are some, doubtless, who share Mr. Brown's view, which at least is an agreeable one, creating, as it does, the impression that immigration from India had its beginnings from a cause essentially imperial and patriotic. On the other hand, the evidence of the Indians who testified before the commission indicates pretty clearly that the immigration from India which has been a matter of concern to the people of British Columbia owes its origin to aims and methods which were anything but imperial or patriotic ; that in fact the influx of recent years has not been spontaneous, but owes its existence in the main to (1) the activity of certain steamship companies and agents desirous of sell- ing transportation and profiting by the commissions; (2) the distribution throughout some of the rural districts of India of literature concerning Canada and the opportunities of fortune hunting in the province of British Columbia ; and (3) the representations of a few individuals in the province of British Columbia, among the number a Brahmin named Davichand, and certain of his, relatives, who induced a number of the natives of India to come to Canada under actual or verbal agreements to work for hire, the purpose being that of assisting one or two industrial concerns to obtain a class of unskilled labor at a price below the current rate, and at the same time of exploiting their fellow- subjects to their own advantage. Some of the natives may have emigrated to Canada of their own accord or because of the advice or desire of relatives who had come to this country, but had the influences here mentioned not been ex- erted, it is certain that their numbers would not have been appreciable.

n Report of the Royal Commission appointed to inquire into the methods by which oriental laborers have been induced to come to Canada. W. L. Mac- kenzie King, C. M. G.% Commissioner, Ottawa, 1908, pp. 75, 76.

The Immigration Situation in Canada. 73

Whatever may Jiave caused the beginning and rapid growth of Hindu immigration to Canada, the reason for its decline is clear. Canada, and particularly British Columbia, did not want the Hindus as immigrants, but the fact that citizens of Canada and India were alike British subjects made the problem a delicate one. Conse- quently Mr. King was, in 1908, sent on a mission to England "to confer with the British authorities on the subject of immigration to Canada from the Orient and immigration from India in particular."

That the desired end was attained is indicated by the fact that in the fiscal year 1909, following Mr. King's conference with the British authorities, only 6 Hindu immigrants were admitted to Canada, whereas the number for the previous year was 2,623. How this was accomplished is stated in Mr. King's report upon his mis- sion to England, from which is quoted the following statement : a

The question of the migration of peoples of the Orient and the problems to which it gives rise, whether it be in connection with immigration or emigration as between different parts of the British Empire or between portions of the British Empire and foreign countries, is by no means a new one to the British authorities. Australasia, South Africa, and India have each forced a consid- eration of the subject upon the attention of British statesmen for years past. Of the outlying dominions, Canada's experience has been the most recent, though in kind the issues and possibilities involved are much the same. As between Great Britain and Canada the effect of this is not without its advan- tage to the Dominion. It has afforded in England a ready appreciation of Canada's position and an understanding of the sort of considerations of which it is necessary to take account. That Canada should desire to restrict immi- gration from the Orient is regarded as natural ; that Canada should remain a white man's country is believed to be not only desirable for economic and social reasons, but highly necessary on political and national grounds. * * *

It was clearly recognized, in regard to emigration from India to Canada, that the native of India is not a person suited to this country ; that, accustomed, as many of them are, to the conditions of a tropical climate and possessing man- ners and customs so unlike those of our own people, their inability to readily adapt themselves to surroundings entirely different, could not do other than entail an amount of privation and suffering which render a discontinuance of such immigration most desirable in the interest of the Indians themselves. It was recognized, too, that the competition of this class of labor, though not likely to prove effective if left to itself, might, none the less, where the numbers to become considerable (as conceivably could happen were self-interest on the part of individuals to be allowed to override considerations of humanity and national well-being and the importation of this class of labor under contract permitted), occasion considerable unrest among workingmen whose standard of comfort is of a higher order and who, as citizens with family and civic obliga- tions, have expenditures to meet and a status to maintain which the coolie immigrant is in a position wholly to ignore.

My inquiry, under royal commission, into the methods by which oriental laborers have been induced to come to Canada, which was conducted in the city of Vancouver during the months of November and December of last year, though not extensively pursued so far as the immigration from India is concerned, was quite sufficient to show that this immigration was not spontaneous, but owed its existence, among other influences, to

(1) The distribution throughout certain of the rural districts of India of glowing accounts of the opportunities of fortune making in the Province of British Columbia, visions of fields of fortune so brightly hued that many an India peasant farmer, to raise the money for the journey, had mortgaged to the lender of the village his homestead and all that it contained at a rate of interest varying from 15 to 20 per cent.

a Report by W. L. Mackenzie King, C. M. G., deputy minister of labor on mis- sion to England to confer with the British authorities on the subject of immi- gration to Canada from the Orient and immigration from India in particular, Ottawa, 1908, pp. 7-10.

74 The Immigration Commission.

(2) The activity of certain steamship agents who were desirous of selling transportation in the interest of the companies with which they were connected and of themselves profiting by the commissions reaped.

(3) The activity of certain individuals in the Province of British Columbia, among the number one or two Brahmins, who were desirous of exploiting their fellow-subjects, and certain industrial concerns which, with the object of obtain- ing a class of unskilled labor at a price below the current rate, assisted in inducing a number of the natives to leave under actual or virtual agreements to work for hire.

A few of the natives may have emigrated to Canada of their own accord or because of the desire of relatives, but had the aforementioned influences not been exerted it is doubtful if their numbers would have been appreciable.

How these several influences have been counteracted and an effective restric- tion obtained by administrative measures in such a manner as to render legis- lative action unnecessary will be apparent from an account of what has been accomplished, as the result, in part, of the present negotiations and, in part, of legislative enactments and regulations already in force, the application of which to this class of immigration has not been hitherto wholly apparent.

(1) The misleading effects of the distribution by interested parties of liter- ature of the class above described has been offset by warnings which the govern- ment of India has issued, whereby the natives have become informed of the risks involved in emigration to Canada and of the actual conditions in so far as it is desirable that such should be known to persons about to sever their con- nection with one country for the purpose of taking up residence in another.

(2) The steamship companies which have been in any way responsible for the recruiting of emigrants have been given to understand that the governments of Great Britain and Canada and the authorities in India do not view with favor any action on their part calculated to foster further emigration from India to Canada.

(3) The power of the steamship companies to ignore the wishes of the Gov- ernments has been rendered largely inoperative by the application to emigration from India of the regulation of the Dominion government prohibiting the landing in Canada of immigrants who come to this country otherwise than by a continu- ous journey from the country of which they are natives or citizens and upon through tickets purchased in that country.

(4) The Indian emigration act (XXI, of 1883) was framed with the view of affording protection to the natives of India who, at the instance of private indi- viduals or corporations, might be induced to leave India to work under indenture or agreements for hire in other parts of the Empire or in foreign lands. It was found that, once away from India, advantage was not infrequently taken of the necessities of this class of labor and that individuals were subjected to great hardships and privations. To remedy this the act provides that emigration in the sense of the departure by sea out of British India of a native of India under an agreement to labor for hire in some country beyond the limits of India other than the island of Ceylon or the Straits Settlements is not lawful except to countries specified in the schedule of the act " and to such other countries as the governor in council from time to time by notification declares to be countries to which emigration is lawful." Every such notification " must contain a decla- ration that the governor-general in council has been duly certified that the government of the country to which the notification refers has made such laws and other provisions as the governor-general in council thinks sufficient for the protection of emigrants to that country during their residence therein."

It is therefore to be said that emigration (in the sense defined) to Canada from India is not lawful under the Indian emigration act and can not be made lawful except through the action of the Canadian government in making the necessary laws, to the satisfaction of the government of India, for the protection of Indian emigrants.

It will therefore be seen that of itself the Indian emigration act solves the problem so far as it relates to the importation of contract labor from India to Canada, and this is the one class to be feared, since without some agreement to labor it is hardly to be expected that the number of immigrants will be large. To render this law wholly effective so far as Canada is concerned, it would be sufficient to prohibit the landing in Canada of immigrants who come in violation of the laws of their own country.

(5) With the danger of the importation of native labor under contract or agreement removed, there remains for consideration only such classes as might

The Immigration Situation in Canada. 75

desire to emigrate from India of their own initiative or as having left India and gone elsewhere to China, for example might be induced, by agreement or otherwise, to emigrate to this country. To the immigration of the latter class the regulation of the Canadian government requiring a continuous passage from the country of which they are natives or citizens and upon through tickets should prove an effective bar, whilst as to the former the same regulation, the warnings issued by the government of India, and the greater care which it may reasonably be expected the steamship companies will exercise in the future, should prove a real deterrent. It will be apparent, moreover, that, having regard for the policy of the India government in the protection of the natives as set forth in the Indian emigration act, the government of Canada is fully .•justified in requiring, as has been its policy, of persons coming to Canada with- out a knowledge of conditions and with manners and customs wholly different from our own, especially where such persons are ignorant of our language and are without any agreement guaranteeing work, that they should, for their own protection, be in possession of a sum of money sufficient to insure their not being reduced to a condition of mendicancy or becoming a public charge. The regula- tion at present in force, requiring all immigrants to have in their possession a sum of at least $25, constitutes a requirement which, for the protection of the Indians themselves, is an obvious necessity. Should this amount prove inade- quate, it could be increased.^

There is thus in the last analysis a dovetailing, so to speak, of Great Brit- ain's well-known policy in the protection of the native races of India and Canada's policy in the matter of immigration.

Whilst effective as a means of restricting a class of immigration unsuited to Canada, it will be apparent that the arrangement as herein set forth is one which finds its justification on grounds of humanity as strong as are the economic reasons by which it is also supported. The liberty of British subjects in India is safeguarded rather than curtailed, the traditional policy of Britain in respect to the native races of India has been kept in mind, and the necessity of enacting legislation either in India or in Canada which might appear to reflect on fellow British subjects in another part of the Empire has been wholly avoided. Noth- ing could be more unfortunate or misleading than that the impression should go forth that Canada, in seeking to regulate a matter of domestic concern, is not deeply sensible of the obligation which citizenship within the Empire entails. It is a recognition of this obligation which has caused her to adopt a course which, by removing the possibilities of injustice and friction, is best cal- culated to strengthen the bonds of association with the several parts and to promote the greater harmony of the whole. In this, as was to be expected, Canada has had not only the sympathy and understanding, but the hearty co- operation, of the authorities in Great Britain, and India as well.

It will be noted that while Hindus are not specifically excluded, or, in fact, ever mentioned, in the Canadian immigration act or orders of the governor in council relative thereto, practically insur- mountable barriers have been erected against them. The most formidable of these is the application to Hindu immigrants of section 38 of the immigration act of 1910, which provides that any immi- grants who have come to Canada otherwise than by continuous jour- ney from the country of which they are natives or citizens, and upon through tickets purchased in that country, may be excluded.6 The law of 1906 as amended in 1907 and 1908 contained a similar pro- vision. The peculiar efficiency of this provision is due to the fact that there is no means by which a continuous journey from India to Canada can be accomplished.

°The amount of money required in the case of Hindus was increased from $25 to $200 by an order in council dated June 3, 1908. (Appendix B, No. V, p. 99.)

6 See Appendixes A, p. 83, sec. 30 ; F, p. 117, sec. 38 ; B, No. Ill, p. 98 ; and G, No. IV, p. 142.

CHAPTER VI. FOREIGN ELEMENTS IN THE POPULATION OF CANADA.

The native and foreign born population of Canada in census years since 1871 is shown in the following table :

TABLE 45. Population of Canada, Ity general nativity, census years 1871

to 1901.

[Compiled from the Canada Year Book, 1908.]

General nativity.

1871.

1881.

1891.

1901.

Per cent of total.

1871.

1881.

1891.

1901.

Native-born

2,892,763 591,170

1,828

3, 715, 492 602, 984 6,334

4, 185, 877 643, 871 3,491

4,671,815 684, 671 14,829

83.0 17.0 .1

85.9 13.9 .1

86.6 13.3 .1

87.0 12.7 .3

Foreign-born

Not reported.

Total

3, 485, 701

4,324,810

4,833,239

5,371,315

100.0

100.0

100.0

100.0

The table indicates that immigration, or at least permanent immi- gration, to Canada in the thirty years preceding 1901 was relatively small compared with more recent years, for in 1901 the total foreign- born population present was only 93,501 more than in 1871. There was an increase of 54.1 per cent in the total population during the period mentioned, but to this increase the foreign-born element con- tributed only 4.9 per cent. In the absence of data regarding children born in Canada to foreign-born parents during the time under con- sideration it is impossible to determine just what effect immigration has had on the total increase.

The total population of Canada by country of birth in the census years 1871, 1881, 1891, and 1901, and also the per cent that the per- sons of each nativity formed of the total population in those years, is shown in the following table :

TABLE 46. Population of Canada, ~by country of birth, census years 1871

to 1901.

[Compiled from the Canada Year Book, 1908.]

Country of birth.

1871.

1881.

1891.

1901.

Per cent of total.

1871.

1881:

1891.

1901.

Canada

2, 892, 763

3, 715, 492

4,185,877

4,671,815

83.0

85.9

86.6

87.0

British Islands

486, 376

470,906

477, 735

390, 019

14.0

10.9

9.9

7.3

England

144,999 219, 451 121,074 (a) 852

169, 504 185, 526 115,062 (a) 814

219,688 149, 184 107, 594 (a) 1,269

201,285 101,629 83,631 2,518 956

4.2 6.3 3.5

8

3.9 4.3 2.7

|

4.5 3.1 2.2

|

3.7 1.9 1.6 (b)

(b)

Ireland

Scotland...

Wales..

Lesser isles

a Not given.

6 Less than 0.05 per cent.

77

78

The Immigration Commission.

TABLE 46. Population of Canada, by country of birth, census years 1871 to

1901 Continued.

Country of birth.

1871.

1881.

1891.

1901.

Per cent of total.

1871.

1881.

1891.

1901.

Australasia

991 28, 407 2,665

(a) 0.5

W3

(a)

'.5 .1

Wa

.1

.2 .2

W6

(8

2.4

»-.i

.3

Austria-Hungary . Belgium and Holland China .

102

(a)

9,129

17,043 2,075 7,944 27,300 6,057 1,076 6,854 4,674

0.2

Denmark

France

2,899 24, 162

4,389 25,328

5,381 27, 752

0.1

.7

0.1 .6

.1 .6

Germany

Iceland

India

Italy

218

777

2,795

(a)

(a)

.1

Japan

Newfoundland

7,768 588

4,596 2,076

9,336

7,827

12, 432 10,256 1,066

.2

(a)

.1

(a)

.2 .2

Norway and Sweden. Roumania

Russia...

416

6,376

9,917

31,231 1,211

(a)

.1

.2

Switzerland

Turkey and Syria

1,579 127,899 339 3,553 14,829

United States

64, 447 430 3,764

1,828

77,753 380 10,403 6,334

80,915 321 12, 763 3,491

1.8

<a).i

.1

1.8

&

.1

1.7 (a) .3 .1

At sea

Other countries

Not reported

Total

3, 485, 761

4,324,810

4,833,239

5,371,315

100.0

100.0

100.0

100.0

a Less than 0.05 per cent.

The following table shows the total population of Canada in 1871, 1881, 1891, and 1901, with the foreign-born element classified accord- ing to the general classification of immigrants to Canada previously referred to :

TABLE 47. Population of Canada, by general nativity and country of birth, census years 1871 to 1901.

[Compiled from the Canada Year Book, 1908.]

Country of birth.

1871.

1881.

1891.

1901.

Per cent of total.

1871.

1881.

1891.

1901.

Canada

British Islands

2,892,763

3, 715, 492

4,185,877

4,671,815

83.0

85.9

86.6

87.0

486,376

470,906

477, 735

390,019

14. o| 10.9

9.9

7.3

England

144,999 219, 451 121,074

W852

169, 504 185, 526 115,062

"V

219,688 149, 184 107, 594 (a) 1,269

201,285 101,629 83,631 2,518 956

4.2 6.3 3.5 (a)

(*)

3.9 4.3 2.7 (a)

(*)

4.5 3.1 2.2

|

3.7 1.9 1.6

|

Ireland

Scotland ... .

Wales

Lesser isles

Northern and west- ern European con- tinental countries c. Southern and east- ern European countries d

27,649 736

31,793

7,153

40,960

12, 712 9,129 80,915 22,420 3,491

57,508

69, 137 22, 793 127, 899 17,315 14,829

.8 (b)

. 7 .2

.8

.3

.2 1.7 .5 .1

1.1

1.3 .4 2.4 .3 .3

Asia «..

United States

64,447 11,962 1,828

77,753 15, 379 6,334

1.8 .3 .1

1.8 .4 .1

Others/

Not reported.

Total

3, 485, 761

4,324,810

4,833,239

5,371,315

100.0

100.0

100.0

100.0

a Not given.

b Less than 0.05 per cent.

c Includes Belgium, Holland, Denmark, France, Germany, Iceland, Norway, Sweden, and Switzerland.

d Includes Austria-Hungary, Italy, Roumania, Russia, Turkey, and Syria.

« Includes China, India, and Japan.

/ Includes Australasia, Newfoundland, at sea, and other.

The Immigration Situation in Canada.

It will be noted that there was a considerable falling off in the foreign-born British element in Canada's population between 1871 and 1901, this movement being particularly pronounced in the case of natives of Ireland. The total number of persons from northern and western European continental countries more than doubled during the period, but the per cent of such persons to the total population was not greatly increased. There was a striking increase, however, in the number of persons from southern and eastern European countries during the thirty years under consideration. In 1871 the number of such persons was insignificant, but the in- crease, particularly between 1891 and 1901, was large, and in the latter year they formed a greater per cent of the total population than did natives of northern and western continental Europe. It should be noted also that in 1901 natives of the United States were second only to persons born in England in the number from any single country resident in Canada, while in the previous census years of 1871, 1881, and 1891 they were fourth among all nationalities present. The decrease in 1901 in the number and per cent of persons born in Ireland and Scotland, however, contributed materially to this result.

In the Canadian census enumerations of 1871, 1881, and 1901 the race or descent, as well as the country of birth of individuals, was secured, and because of the presence of large English and French speaking elements and the introduction and growth of other racial elements in recent years, the data are particularly valuable in a con- sideration of the Dominion population. The following table shows the composition of Canada's population in this regard in the census years mentioned:

TABLE 48. Population of Canada, ~by race or descent, census years 1871, 1881,

and 1901.

[Compiled from the Canada Year Book, 1908.]

Race or descent.

1871.

1881.

1901.

Per cent of total.

1871.

1881.

1901.

English

706, 369 846, 414 549,946

7,773

881,301 957,403 699,863 9,947

1,260,899 988, 721 800, 154 13,421

20.3 24.3 15*8 .2

20.4 22.1 16.2 .2

23.5 18.4 14.9 .2

Irish

Scotch

Others

Total British

2, 110, 502

2, 548, 514

3,063,195

60.5

58.9

57.0

Austro-Hungarian

18, 178

.3 .4 .6 30.7 5.8 2.4 .2 .3 .3 .6 .5 .2 .6

Chinese and Japanese

4,383 30, 412 1,298,929 254,319 108, 547 1,849 667 21,394 5,223 1,227 8,540 40,806

22,050 33,845 1,649,371 310, 501 127,932 10,834 16, 131 17,437 31,042 28,621 10,639 31,539

.1

.7 30.0 5.9 2.5

C

«!

.9

Dutch

29. 662 1,082,940 202,991 23,037 1,035 125 21,496 1,623 607 4,182 7,561

.9 31.1

5.8

.7

(0)

W..

(a)

<a).i

.2

French

German. .

Indians and half-breeds

Italian

Jewish

Negro

Scandinavian .

Russian

Other races

Not reported

Grand total...

3, 485, 761

4,324,810

5,371,315

100.0

100.0

100.0

a Less than 0.05 per cent.

80 The Immigration Commission.

It may be noted that the increase in the English element exceeded that of the French during the thirty years from 1871 to 1901. The English population during that period increased from 706,369 to 1,260,899, a gain of 78.5 per cent, while the French population in- creased from 1,082,940 to 1,649,371, or a gain of only 52.3 per cent. The increase in the British element as a whole, however, was only 45.1 per cent, which result is mainly due to the fact that the Irish element increased but little during the period.

APPENDIXES.

A.— THE CANADIAN IMMIGRATION LAW OF 1906.

B.— ORDERS IN COUNCIL AND REGULATIONS, LAW OF 1906.

C.— OFFICIAL CIRCULAR OF CANADIAN SUPERINTENDENT OF IMMI- GRATION.

D.- OFFICIAL CIRCULAR TO BOOKING AGENTS IN THE UNITED KINGDOM.

E.— AIMS AND METHODS OF CHARITABLE ORGANIZATIONS PROMOTING EMIGRATION TO CANADA FROM THE BRITISH ISLES.

F.— THE CANADIAN IMMIGRATION LAW OF MAY 4, 1910.

G.— REGULATION AND ORDERS IN COUNCIL, LAW OF 1910.

H.— THE UNITED STATES IMMIGRATION LAW.

APPENDIX A. THE CANADIAN IMMIGRATION LAW OF 1906.°

[Chapter 93, Revised Statutes of Canada, 1906, and the Amending Acts of 1907 and 1908 consolidated.]

SHORT TITLE.

1. This Act may be cited as the Immigration Act.

INTERPRETATION.

2. In this Act, unless the context otherwise requires

(a) "Immigrant" means and includes any steerage passenger Definitions: or any " work a way " on any vessel, whether or not entered as a ' ' I,,m m i ~ member of the crew after the vessel has sailed from its first orgr ' last port of departure, any saloon, second-class passenger, or person who having been a member of the crew has ceased to be such, who upon inspection is found to come within any class liable to exclusion from Canada, and any person arriving in Canada by railway train or other mode of travel; but does not include any person who has previously resided in Canada, or who is a tourist merely passing through Canada to another country.

(&) "Immigration agent" includes the superintendent of im- "immigration migration, commissioners of immigration, and any subagents agent- within or outside of Canada.

(c) "Land" or "landing," as applied to passengers or im- , " L a n a ; " migrants, means their admission into Canada, otherwise than for inspection or treatment, or other temporary purpose provided for

by this Act, or by any order in council, or proclamation, or regulation made thereunder.

(d) "Master" means any person in command of a vessel. "Master."

(e) "Medical officer " includes "medical superintendent," " Medical offl- " medical inspector," and " inspecting physician."

(/) " Minister " means the Minister of the Interior. '^Minister."

(#) "Owner," as applied to a ship or vessel, includes the "Owner." charterer of such ship or vessel and the agent of the owner thereof.

(h) "Passenger" includes any person carried upon a railway "Passenger." train or other vehicle or in a vessel, other than the master and crew, as well as all immigrants coming into Canada, but not troops or military pensioners and their families, who are carried in transports or at the expense of the Government of the United Kingdom, or of any colony thereof; but any person who is un- lawfully on board the vessel shall not be held to be a passenger.

(i) "Port of entry" means any port, railway station, or place "Port of en- at which immigrants enter Canada or at which there is an immi- try>" gration agent or where the medical inspection of immigrants is carried on.

(/) "Ship" or "vessel" includes all ships, vessels, boats, or "Ship" ; "ves- craft of any kind carrying passengers. M

(k) "Stowaway" means a person who secretes himself and goes to sea in a vessel without the consent of either the owner, consignee, or master, or of a mate, or of the person in charge of the vessel, or of any person entitled to give such consent.

0 For law as amended May 4, 1910, see Appendix I.

84 The Immigration Commission.

Who shall be 3. Every person recognized by the Minister as an immigration Ration agent.1 aSent shall, with reference to any act done or to be done under this Act, and 'without formal appointment, be deemed to be an immigration agent for the purposes of this Act.

Where immi- 4. The Governor in Council may establish and maintain immi- fhaU0 be main? gration offices at such places within and outside of Canada as from tained. time to time seems proper.

APPOINTMENT POWERS AND DUTIES OF OFFICERS.

Immigration 5. The Governor in Council may appoint a superintendent of m a/Ve Tp^ immigration, commissioners of immigration, immigration agents, pointed. L medical officers, and such other officers as the governor in council

determines.

Subordinate e. Subject to any regulations in that behalf, the Minister may pointedly min- appoint or employ, either permanently or temporarily, any neces- ister. sary subordinate officers not provided for in the last preceding

section, or in any order in council made thereunder, including police guards, inspectors, matrons, and nurses to assist immigra- tion agents and medical officers in carrying out the provisions of this Act, and of any orders in council, proclamations or regula- tions made thereunder, and may confer upon them, and charge them with, such power and duties as he considers necessary or expedient.

Appointment 7. Subject to the provisions of the regulations in that behalf,

officers in Teases immigration agents' and medical officers may, in emergency, em-

of emergency, ploy such temporary assistance as may be required, but no such

employment shall continue for a period of more than forty-eight

hours without the sanction of the Minister.

immigration g. When, at any port of entry, there is no immigration agent, agent n- the chief Customs officer at that port shall be, ex officio, immigra-

tion agent.

Duties of of- 9. Every officer appointed under this Act shall perform any and all duties prescribed for him by this Act, or by any order in council, proclamation or regulation made thereunder, and shall also perform such duties as are required of him by the Minister, either directly or through any other officer; and no action taken by any such officer under or for the purpose of this Act shall be deemed to be invalid or unauthorized, merely because it was not taken by the officer specially appointed or detailed for the purpose.

REGULATIONS.

Regulations 10. The Governor in Council may, on the recommendation of the may bernmra<?e Minister, make such orders and regulations, not inconsistent with council. this Act, as are considered necessary or expedient for the carry-

ing out of this Act, according to its true intent and meaning, and for the better attainment of its object.

PROPORTION OF PASSENGERS TO SIZE OF VESSEL.

Proportion of 11. No vessel from any port or place outside of Canada shall passengers come within the limits of Canada having on board, or having had at any time during her voyage

TO area of (a) Any greater number of passengers than one adult pas- senger for every 15 clear superficial feet on each deck of such vessel, appropriated to the use of such passengers and unoccupied by stores or other goods not being the personal luggage of such passengers.

To tonnage. (&) A greater number of persons, including the master and crew, and the cabin passengers, if any, than one for every 2 tons of the tonnage of such vessel, calculated in the manner used for ascertaining the tonnage of British ships.

"Adult" de- (2) For the purposes of this section, each person of or above fined, the age of 14 years shall be deemed an adult, and two persons

above the age of one year and under the age of 14 years shall be reckoned and taken as one adult.

The Immigration Situation in Canada. 85

OBLIGATIONS OF MASTERS OF VESSELS BRINGING PASSENGERS.

12. The master of any vessel arriving at any port of entry in Reports of Canada shall deliver a certified and correct report, in the form Passengers to prescribed by the regulations in that behalf, to the immigration agent.

agent at the port.

13. The master of any vessel sailing from a port outside of Can- Payment for ada who embarks passengers after the vessel has been cleared carry! ^g PJJ- and examined by the proper officer at the port of departure, and ter|d on list who does not deliver reports of such additional passengers to the immigration agent at the port of entry, shall pay to such immigra-

tion agent for every passenger so embarked and not included in the list of passengers delievered to such proper officer at the port of departure, or to the proper officer at the port at which such passenger was embarked, or to the proper officer at the port at which such vessel first touched after the embarkation of such passenger, the sum of $20, for each passenger so embarked as aforesaid, and not included in one of the said lists.

14. Nothing in this Act shall prevent the master of any vessel Passenger from permitting any passenger to leave the vessel outside of ™ay befor! Var" Canada at the request of such passenger before the arrival of rival at port' of the vessel at her final port of destination ; but in every such case, destination. ^ the name of the passenger so leaving shall be entered in the mani- in /uchcase^ fest on the list of passengers made out at the time of the clear-

ing of the vessel from the port of departure, or at the port at which such passenger was embarked, and shall be certified under the signature of the passenger so leaving the vessel.

15. In addition to the particulars hereinbefore required in the Particulars to

report to be delivered on each voyage by the master of any vessel 61

arriving at any port of entry in Canada to the immigration agent at such port, the master shall report in writing to such agent the name and age of all passengers embarked on board of such ves- sel on such voyage who are lunatic, idiotic, epileptic, deaf and dumb, or dumb, blind or infirm, or suffering from any disease or injury known to exist by the medical officer of the ship, specify- ing the nature of the disease, and stating also whether or not they are accompanied by relatives able to support them.

16. The report shall further state the name, age, and last place Entry as to of residence of any person who has died during the voyage, and passengers who shall specify the cause of death and whether such person was accompanied by relatives or other persons who were entitled to

take charge of the moneys and effects left by such person and the disposition made thereof.

(2) If there were no such relatives or other persons so entitled, Disposal of the report shall fully designate the quantity and description of pl

the property, whether money or otherwise, left by such person ; and the master of the vessel shall pay over to the immigration agent at the port at which the vessel is entered, and fully account for, all moneys and effects belonging to any person who has died on the voyage.

(3) The immigration agent shall thereupon grant to the master Immigration a receipt for all moneys or effects so placed in his hands by the asent to sive master, which receipt sliall contain a full description of the nature re

or amount thereof.

PERMISSION TO LEAVE THE VESSEL.

17. The master of any vessel shall not permit any passenger to Passengers leave the vessel until written permission from the immigration

agent to allow his passengers to land has been given to the master. .

(2) The immigration agent at a port of entry, after satisfying when passen- himself that the requirements of this Act and of any order in gers may leave council, proclamation, or regulation made thereunder have been vessel- carried out, shall grant permission to the master of the vessel to allow the passengers to leave the vessel.

86 The Immigration Commission.

M a s t e r to 18. The master shall furnish the immigration agent, or the med- ical °mcer at the P°rt of entry, with a bill of health, certified by the medical officer of the vessel, such bill of health being in the form and containing such information as is required from time to time under this Act.

inspection 19. The immigration agent, whenever he deems proper, may

of vessel by request the medical officer, before any passengers leave the ves-

Jr* sel, to go on board and inspect such vessel, and examine and take

extracts from the list of passengers or manifest, and from the bill

of health.

immigrants 20. The regulations to be made by the Governor in Council may

may be required provide as a condition to permission to enter Canada that inimi-

scribed amount grants shall possess money to a prescribed minimum amount,

of money. which amount may vary according to the class and destination

of such immigrants, and otherwise according to the circumstances.

MEDICAL INSPECTION.

Hours of med- 21. The medical inspection of passengers shall be performed at ical inspection. the hoiirs named in the regulations made by the Minister.

Facilities for 22. The immigration agent shall provide suitable facilities for examination. tjle examinatiOn of immigrants at each port of entry, subject to

any regulations made by the Minister.

Tickets to be 23. The medical officer shall, after inspection, stamp the ship inspection!1 ticket or railway ticket or passport of each passenger who has passed medical inspection ; and the immigration agent shall detain any passenger who has been inspected and not admitted, as re- quired by this Act, or by any order in council, proclamation, or regulation made thereunder.

Immigration 24. The immigration agent shall be responsible for the safe- agent responsi- keeping of any person so detained, except while in an hospital or detained ersons other place of detention under the charge of a medical officer. Arrangements 25. The medical officer may, from time to time, with the consent for care of de- and approval of the Minister, make such arrangements as he tained persons. consj(jers necessary for the care and supervision of immigrants who are detained on board a vessel where hospital facilities on shore do not exist, or, having been permitted to leave the ves- sel, are detained either for medical treatment or are awaiting deportation.

PERSONS PROHIBITED FROM LANDING DEPORTATION.

Prohibited 26. No immigrant shall be permitted to land in Canada who is immigrants in- feeble-minded, an idiot, or an epileptic, or who is insane, or who leptlc aE has had an attack of insanity within five years ; nor shall any im-

migrant be so landed who is deaf and dumb, or dumb, blind, or infirm, unless he belongs to a family accompanying him or already in Canada, and which give security, satisfactory to the minister, and in conformity with the regulations in that behalf, if any, for his permanent support if admitted into Canada.

Diseased per- 27. No immigrant shall be permitted to land in Canada who is sons- afflicted with a loathsome disease or with a disease which is

contagious or infectious and which may become dangerous to the public health or widely disseminated, whether such immi- grant intends to settle in Canada or only to pass through Can- Proviso, ada to settle in some other country ; provided that if such disease is one which is curable within a reasonably short time, the immi- grant suffering therefrom may, subject to the regulations in that behalf, if any, be permitted to remain on board where hospital facilities do not exist on shore, or to leave the vessel for medical treatment, under such regulations as may be made by the Minister.

Paupers and 28. No person shall be permitted to land in Canada who is a beggars. pauper, or destitute, a professional beggar, or vagrant, or who is

likely to become a public charge; and any person landed in Can- ada who, within two years thereafter, has become a charge upon

The Immigration Situation in Canada. 87

the public funds, whether municipal, provincial or federal, or an inmate of or a charge upon any charitable institution, may be deported and returned to the port or place whence he came or sailed for Canada.

29. No immigrant shall be permitted to land in Canada who has Criminals and been convicted of a crime involving moral turpitude, or who is Prostitutes.

a prostitute, or who procures, or brings, or attempts to bring into Canada, prostitutes or women for purposes of prostitution.

30. The Governor in Council may, by proclamation or order, Prohibitionof whenever he considers it necessary or expedient, prohibit the certain immi- landing in Canada of any specified class of immigrants or of any & immigrants who have come to Canada otherwise than by con- tinuous journey from the country of which they are natives or

citizens and upon through tickets purchased in that country.

31. Acting under the authority of the Minister, the immigration Boards of in- agent, the medical officer, and any other officer or officers named grSs^eeking by the Minister for such purpose, may act as a board of inquiry admission to at any port of entry to consider and decide upon the case of any Canada, immigrant seeking admission into Canada.

(2) The decision of such board touching the right of any such Appeal to the immigrant to land in Canada shall be subject to appeal to the minister. Minister.

(3) The Governor in Council may make regulations govern- Procedure, ing the procedure in connection with inquiries by such boards of

inquiry and appeals from their decisions.

32. All railway or transportation companies or other persons Deportation bringing immigrants from any country into Canada shall, on the 9f prohibited demand of the superintendent of immigration, deport to the111

country whence he was brought, any immigrant prohibited by this Act, or by any order in council or regulation made there- under from being landed in Canada who was brought by such railway, transportation company, or other person into Canada within a period of two years prior to the date of such demand.

33. Whenever in Canada an immigrant has, within two years of immigrant his landing in Canada, become a public charge, or an inmate of a ifcco™hafeePUor penitentiary, gaol, prison, or hospital or other charitable insti- criminal within tution, it shall be the duty of the clerk or secretary of the mu- two years, nicipality to forthwith notify the Minister, giving full particulars.

(2) On receipt of such information the Minister may, in his Minister may discretion, after investigating the facts, order the deportation of JJ™r

such immigrant at the cost and charges of such immigrant if he is able to pay, and if not then at the cost of the municipality wherein he has last been regularly resident, if so ordered by the Minister, and if he is a vagrant or tramp, or there is no such municipality, then at the cost of the Department of the Interior.

(3) When the immigrant is an inmate of a penitentiary, gaol, Order of or prison, the Minister of Justice may, upon the request of the minister if im- Minister of the Interior, issue an order to the warden or governor JJijSJJJ

of such penitentiary, gaol, or prison, commanding him to deliver

the said immigrant to the person named in the warrant issued by

the Superintendent of Immigration as hereinafter provided, with

a view to the deportation of such immigrant; and the Superin- Warrant of

tendent of Immigration shall issue his warrant to such person as superintendent

he may authorize to receive such immigrant from the warden or °

governor of the penitentiary, gaol, or prison, as the case may be,

and such order and warrant may be in the form given in schedule

2 of this act.

(4) Such order of the Minister of Justice shall be sufficient authority to the warden or governor of the penitentiary, gaol, or prison, as the case may be, to deliver such immigrant to the per- son named in the warrant of the Superintendent of Immigration as aforesaid, and such warden or governor shall obey such order ; and such warrant of the Superintendent of Immigration shall be sufficient authority to the person named therein to detain such immigrant in his custody in any part of Canada until such immi- grant is delivered to the authorized agent of the transportation

79520°— VOL 40—11 7

88 The Immigration Commission.

company or companies which brought him into Canada, with a view to his deportation as herein provided.

Deportation (5) Every immigrant deported under this section shall be car- which°brought ried' b^ tne same transportation company or companies which immigrant. brought him into Canada, to the port from which he came to

Canada, without receiving the usual payment for such carriage. By railway (g) jn case he was brought into Canada by a railway company, such company shall similarly convey him or secure his convey- ance from the municipality or locality whence he is to be de- ported to the country whence he was brought.

Punishment (7) Any immigrant deported under this section as having be- migrPan ts ^ come an inmate of a penitentiary, gaol, or prison, who returns to turning to Can- Canada after such deportation may be brought before any justice ada- of the peace in Canada ; and such justice of the peace shall there-

upon make out his warrant under his hand and seal for the recom- mittal of such immigrant to the penitentiary, goal, or prison from which he was deported, or to any other penitentiary, goal, or prison in Canada ; and such immigrant shall be so recommitted accordingly and shall undergo a term of imprisonment equal to the residue of his sentence which remained uuexpired at the time of his deportation.

Stowaways. 33a. The master of any vessel bound for Canada, having on board thereof a stowaway, shall carry him to the port of desti- nation of the vessel in Canada, and, if it is a port of entry where there is an immigration building w7ith an immigration agent in charge thereof, shall hand the stowaway over to the immigra- tion agent, who shall detain him in safe-keeping until the vessel is ready to leave the port, when the stowaway shall be placed by the immigration agent in the custody of, and shall be received by, the master of the vessel on board of it.

(2) Any vessel entering Canada having on board a stowaway and destined for a port in Canada which is not a port of entry, or at which if it is a port of entry, there is no building for the reception of immigrants with an immigration agent in charge, shall carry the stowaway to that port, and on arrival thereat the master of the vessel shall lay an information against the stow- away before a justice of the peace charging him with being a stowaway within the meaning of this Act, and the justice shall on his summary conviction of the stowaway order him .to be de- tained in the common goal or other prison for the port, until the vessel is ready to leave the port, when the stowaway shall be placed by any peace officer in the custody of and shall be received, by the master of the vessel on board of it.

(3) The master of a vessel shall carry to the port from which the vessel came to Canada, without charge, any stowaway who has been returned to the custody of the master and received by him on board of the vessel, as provided by this section.

PROTECTION OF IMMIGRANTS.

Passengers 34. Every immigrant on any vessel arriving at a port of entry boSd^twenty^ to wnicn the owner or master of such vessel engaged to convey four hour shim, if facilities for housing or inland carriage for such imini- after arrival, grant are not immediately available, shall be entitled to remain and keep his luggage on "board the vessel for twenty-four hours after such arrival, and the master of such vessel shall not, before the expiry of such twenty-four hours, remove any berths or ac- commodation used by such immigrants.

Passengers 35. The master of any vessel having immigrants on board shall

be landed Sfr*ee° land nis passengers and their luggage free of expense to the

' 'said passengers at any of the usual public landing places at the

port of arrival according to orders which he receives from the

immigration agent at the said port, and at reasonable hours as

fixed by the immigration agent in accordance with the regulations

in that behalf.

The Immigration Situation in Canada. 89

36. The Minister or the Superintendent of Immigration may, Landing from time to time, by instructions to the immigration agent at Place-

any port of entry, appoint the place at which all passengers ar- riving at such port shall be landed.

37. At the place so appointed the Minister may cause proper Shelter and shelter and accommodation to be provided for the immigrants accommodation until they can be forwarded to their place of destination.

38. No person shall, at any port or place in Canada, for hire, Immigrants reward, or gain, or the expectation thereof, conduct, solicit, or not to be so- recommend, either orally or by handbill or placard, or in any by licensed* j2r- other manner, any immigrant to or on behalf of any owner of a sons, vessel, or to or on behalf of any lodging-house keeper or tavern

keeper, or any other person, for any purpose connected with the preparations or arrangements of such immigrant for his passage to his final place of destination in Canada, or in the United States or in other territories outside of Canada, or give or pre- tend to give to such immigrant any information, oral, printed, or otherwise, or assist him to his said place of destination, or in any way exercise the vocation of booking passengers, or of taking money for their inland fare, or for the transportation of their luggage, unless such person has first obtained a license from the Superintendent of Immigration authorizing him to act in such capacity.

39. No person, whether a licensed immigrant runner, or agent Runners not or person acting on behalf of any steamboat company, railway *£lg Jgf J^ company, forwarding company, or hotel or boarding-house keeper passengers are or his agent, shall go on board any vessel bringing immigrants landed.

into Canada after such vessel has arrived in Canadian waters, or into an immigration building or onto any wharf where immi- grants are landed, or shall book or solicit any immigrant by such vessel, before the immigrants are landed from such vessel, unless he is authorized so to do by the Superintendent of Immi- Unless li- gration or immigration agent at the port of entry where such censed- vessel is to land its passengers.

40. Every keeper of a tavern, hotel, or boarding-house in any Lists of hotel city, town, village, or place in Canada, designated by any order house pAce^S in council, who receives into his house as a boarder or lodger be displayed, any immigrant within three months after his arrival in Canada,

shall cause to be kept conspicuously posted in the public rooms and passages of his house and printed upon his business cards, a list of the prices which will be charged to immigrants per day and week for board or lodging, of both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street.

(2) No such boarding-house keeper, hotel keeper, or tavern Lien on im- keeper shall have any lien on the effects of such immigrant for m i g r a n t s' any amount claimed for such board or lodging for any sum ex- soods limited, ceeding $5.

41. If complaint be made to the Minister or the Superintendent inquiry in of Immigration against any railway company or other incor- pfafnt against porated company of any offence or violation of this Act, or of a n y company any law of the United Kingdom or of any other country, in any as to violation matter relating to immigrants or immigration, the Minister may of act- cause such inquiry as he thinks proper to be made into the facts

of the case, or may bring the matter before the Governor in Coun- cil in order that such inquiry may be made under the Inquiries Act.

(2) If upon such inquiry it appears to the satisfaction of the Powers of Minister that the company has been guilty of such violation, the m Minister may require the company to make such compensation to the person aggrieved, or to do such other thing, as is just and reasonable; or may adopt measures for causing such proceedings to be instituted against the company as the case requires.

42. If both the immigrant parents, or the last surviving immi- Property of grant parent, of any child or children brought with them in any 1<mm,igJiaint ^ vessel bound for Canada die on the voyage, or at any quarantine

90 The Immigration Commission.

station or elsewhere in Canada while still under the care of an immigration agent or other officer under this Act, the Minister, or such officer as he deputes for the purpose, may cause the ef- fects of such parents or parent to be disposed of for the benefit of such child or children to the best advantage in his power, or. in his discretion, to be delivered over to any institution or person assuming the care and charge of such child or children.

intercourse 43. No officer, seaman, or other person on board of any vessel

and female in> bringing immigrants to Canada shall, while such vessel is in

migrants pro- Canadian waters, entice or admit any female immigrant passenger

hibited. into his apartment, or, except by the direction or permission of

the master of such vessel first made or given for such purpose,

visit or frequent any part of such vessel assigned to female immi-

grant passengers.

Notice of fore- 44. The master of every vessel bringing immigrant passengers to

going provision Canada, shall, at all times while the vessel is in Canadian waters.

p' keep posted, in a conspicuous place on the forecastle and in the

several parts of the said vessel assigned to immigrant passengers,

a written or printed notice in the English, French, Swedish, Dan-

ish, German, Russian, and Yiddish languages, and such other lan-

guages as are ordered from time to time by the Superintendent

of Immigration, containing the provisions of this Act regarding

the prevention of intercourse between the crew and the immigrant

passengers, and the penalties for the contravention thereof, and

keep such notice so posted during the remainder of the voyage.

Inspection of (2) The immigration agent at the port of entry shall inspect

dence 0?" con- eveiT such vessel upon arrival for evidence of compliance with

travention. "this section, and shall institute proceedings for any penalty in-

curred for violation thereof.

OFFENCES AND PENALTIES.

False repre- 45. Every person who does in Canada anything for the purpose deter °^ causing or procuring the publication or circulation, by adver-

immigration. tisement or otherwise, in a country outside of Canada of false representations as to the opportunities for employment in Canada, or as to the state of the labor market in Canada, intended or adapted to encourage or induce, or to deter or prevent, the immi- gration into Canada of persons resident in that country, or who does anything in Canada for the purpose of causing or procuring the communication to any resident of such country of any such false representations, shall, if any such false representations are thereafter so published, circulated, or communicated, be guilty of an offence and liable, on summary conviction before two justices Penalty. of the peace, to a penalty for each offence of not more than $1 000

and not less than $50. Vessels carry- 46. If any vessel from any port or place outside of Canada

aboveaSnucQber comes within the limits of Canada having on board or having

authorized. had on board at any time during her voyage

(a) Any greater number of passengers than 1 adult passenger for every 15 clear superficial feet on each deck of such vessel appropriated to the use of such passengers, and unoccupied by stores or other goods not being the personal luggage of such pas- sengers; or

(&) A greater number of persons, including the master and

crew and the cabin passengers, if any, than 1 for every 2 tons

of the tonnage of such vessel, calculated in the manner used for

ascertaining the tonnage of British ships, the master of such

Penalty. vessel shall incur a penalty not exceeding $20 and not less than $8

for each passenger or person constituting such excess. Masters not 47. If the master of any vessel does not, forthwith after such

making report. vessel arrives at any port of entry in Canada, and before any entry of such vessel is allowed, deliver to the immigration agent at the port at which such vessel is to be entered a correct report, in the form prescribed by the regulations in that behalf, of all the passengers on board such vessel at the time of her departure

The Immigration Situation in Canada. 91

from the port or place whence she last cleared or sailed for Can- ada, and a true statement of the other particulars mentioned in the said form, he shall incur a penalty of $20 for each day during Penalty, which he neglects so to deliver such list, and $8 for each passenger whose name is omitted in such report.

48. If the master of any vessel arriving at any port of entry .Masters per- in Canada permits any passenger to leave the vessel before he has Sg*^ passen- delivered to the immigration agent at any such port a certified gers before re- and correct report in the form prescribed by the regulations in port certified, that behalf, and received permission from the immigration agent

to allow the passengers to land, he shall incur a penalty not ex- ceeding $100 and not less than $20 for every passenger so leaving Penalty, the vessel.

49. Every pilot who has had charge of any vessel having pas- Pilots neg- sengers on board, and knows that any passenger has been permit- Acting to in- ted to leave the vessel contrary to the provisions of this Act, and vMatioffof ac°t who does not immediately upon the arrival of such vessel in the

port to which he engaged to pilot her, and before the immigra- tion agent has given permission to the passengers to leave the vessel, inform the said agent that such passenger or passengers has or have been so permitted to leave the vessel, shall incur a Penalty, penalty not exceeding $100 for every passenger with regard to whom he has wilfully neglected to give such information.

50. If the master of any vessel arriving at any port of entry in Master neg- Canada (a) omits to report in writing to the immigration agent ifve^fep^rt^o at such port, in the report required by this Act to be delivered by immigration him on each voyage, the name and age of each passenger em- agent, barked on board of such vessel on such voyage who is lunatic,

idiotic, epileptic, deaf and dumb, or dumb, blind, or infirm, or suffering from any disease or injury known to exist by the medi- cal officer of the ship, stating also as to each passenger whether he is accompanied by relatives, able to support him or not; or (6) makes any false report in any of such particulars, he shall incur a penalty not exceeding $100 and not less than $20 for Penalty, every passenger in regard to whom any such omission occurs or any such false report is made.

(2) The owner of the vessel shall in such case also be liable Liability of for the aforesaid penalty, and, if there are more owners than one, owner- such owners shall be so liable jointly and severally; but in any case under this section where a conviction has been obtained against the master of the vessel, no further prosecution against the owner of the vessel shall be instituted.

51. If the master of any vessel arriving at any port in Canada Master neg- refuses or neglects lecting to re-

(a) To mention in the report, in the form set forth in the sengers dying schedule to this Act, the name, age, and last place of residence of and their prop- any person who has died during the passage of the vessel, and to erty- specify whether such passenger was accompanied by relatives or other persons, if any, who would be entitled to take charge of the moneys and effects left by such person, and the disposal made thereof, or

(&) If there are no such relatives, or other persons entitled to take charge of such moneys and effects, to fully designate in the said report the quantity and description of the property, whether money or otherwise, left by such person, and to pay over and fully account therefor to the immigration agent for the port at Penalty, which the vessel is entered, he shall incur a penalty not exceeding $1,000 and not less than $20.

52. If the master of any vessel arriving at any port of entry in Master corn- Canada where facilities for housing or inland carriage are not ||1r1gingtopafes^e' immediately available, compels any immigrant to leave his vessel vessel before before the expiration of the period of twenty-four hours after 24 hours from the arrival of the vessel in the port or harbor to which the master arrival-

or owner of such vessel engaged to convey such immigrant, he

shall incur a penalty not exceeding $20 for each such immigrant Penalty.

whom he so compels to leave the vessel.

92 The Immigration Commission.

Removing (2) If such master, before the expiration of the said period,

•th, etc. removes any berth or accommodation used by any passenger,

except with the written permission of the immigration agent at

Penalty. the port of entry, he shall for each such removal incur a like

penalty of $20.

f usinV3 toe land 53* If the master of any vessel arriving at any port of entry

passengersfails or refuses to land the passengers and their luggage, free of

free. expense to the passengers, at one of the usual public landing

places at such port of arrival, and according to the orders which

he received from the immigration agent at such port, and at

reasonable hours as fixed by such agent in accordance with the

Penalty. regulations in that behalf, if any, he shall incur a penalty of $40

for each offence.

Master refus- 54. If the master of any vessel arriving at any port of entry in ing to 'property Canada, and having on board such vessel any passengers to whom land passen- this Act applies, refuses or neglects to land such passengers and gers. their luggage, free of expense, and by steam tug or other proper

tender, if necessary, at the place appointed therefor by the Min- ister or the Superintendent of Immigration, under this Act, and at Penalty. reasonable hours fixed as aforesaid, he shall incur a penalty of

$20 for each such passenger.

Soliciting, 55. Every person who, at any port or place within Canada, for grants brother ^ire' reward or gain, or the expectation thereof than licensed (a) Conducts, solicits, or recommends, either orally or by persons. handbill, or placard, or in any other manner, any immigrant to

or on behalf of (i) any owner of a vessel, or (ii) any railway company, or (iii) any lodging-house keeper or tavern keeper, or (iv) any other person, for any purpose connected with the prep- arations or arrangements of such immigrant for his passage to his final place of destination in Canada or in the United States, or to other territories outside of Canada ; or

(6) Gives or pretends to give to such immigrant any informa- tion, printed or otherwise, or assists him to his said place of destination, or in any way exercises the vocation of booking passengers, or of taking money for their inland fare, or for the transportation of their luggage, shall, unless such person has first obtained a license from the Superintendent of Immigration Penalty. authorizing him to act in such capacity, incur a penalty of not

more than $50 for each offence.

boardin^vVs* ^' Every licensed immigrant runner or agent, or person acting sels before pas- on behalf of any owner of a vessel, railway company, forwarding sengers landed company, or any hotel or boarding-house keeper, or his agent, who es on ^oard any vessel bringing immigrants into Canada, or books or solicits any immigrant by such vessel, before the immi- grants are landed therefrom, shall, unless he is authorized by the immigration agent at the port of entry where such vessel is to Penalty. land its passengers so to do, incur a penalty of $25 for each

offence.

Selling tick- 57. Every person licensed under this Act as an immigrant run- erantiTat exces- ner or agent» or person acting on behalf of any owner of a vessel, sive rates. railway company, forwarding company, or hotel or boarding- house keeper, and every person in his employ who sells to any immigrant a ticket or order for the passage of such immigrant, or for the conveyance of his luggage at a higher rate than that for which it could be purchased directly from the company under- taking such conveyance, and every person who purchases any such ticket from an immigrant for less than its value, or gives in ex- Penalty, change for it one of less value, shall incur a penalty of $20 for each such offence, and the license of such person shall be forfeited. Hotel keep- 53. Every keeper of a tavern, hotel, or boarding-house in any toSposte up lists city' town, village, or other place in Canada, designated by order of prices or in council, who

charging in ex- (a) Neglects or refuses to post a list of prices and to keep busi-

etc.SS 'ness cards on which is printed a list of the prices which will be

charged to immigrants per day or week for board or lodging, or

both, and the prices for separate meals, and also the name of the

The Immigration Situation in Canada. 93

keeper of such house, together with the name of the street in which the house is situated and its number in such street, or

(6) Charges or receives, or permits or suffers to be charged or received, for board or lodging, or for meals in his house, any sum in excess of the prices so posted and printed on such business cards, or

(c) Omits immediately, on any immigrant entering such house as a boarder or lodger or for the purpose of taking any meal therein, to deliver to such immigrant one of such printed business cards, shall incur a penalty not exceeding $20 and not less than $5. Penalty.

59. Every such boarding-house keeper, hotel keeper, or tavern Detaining ef- keeper who detains the effects of any immigrant by reason of any fects after claim for board or lodging after he has been tendered the sum tender of $5, of $5 or such less sum as is actually due for the board or lodging

of such immigrant, shall incur a penalty not exceeding $25, and Penalty, not less than $5, over and above the value of the effects so de- tained, and he shall also be liable to restore such effects.

(2) In the event of any such unlawful detention, the effects Recovery of so detained may be searched for and recovered under search war- goods detained, rant as in case of stolen goods.

60. Every officer, seaman, or other person employed on board of intercourse any vessel bringing immigrants to Canada who while such vessel a^Tfemale inv is in Canadian waters, entices or admits any female immigrant migrants, into his apartment, or, except by the direction or permission of

the master of such vessel, first given, visits or frequents any

part of such vessel assigned to female immigrant passengers, not

being cabin passengers, shall incur a penalty equal in amount to Penalty.

his wages for the voyage during which the said offence was

committed.

61. Every master of any vessel who, while such vessel is in Permitting Canadian waters, directs or permits any officer or seaman or empe[)ytee visit other person employed on board of such vessel to visit or frequent portion as- any part of such vessel assigned to immigrants, except for the signed to immi- purpose of doing or performing some necessary act or duty as an grants- officer, seaman, or person employed on board of such vessel, shall

incur a penalty of $25 for each occasion on which he so directs Penalty, or permits the provisions of this section to be violated by any officer, seaman, or other person employed on board of such vessel : Provided, That this section shall not apply to cabin passengers, or to any part of the vessel assigned to their use.

62. Every master of a vessel bringing immigrants to Canada Neglecting to who neglects to post, and keep posted, the notice required by this post up notice Act to be posted regarding the prevention of intercourse between concerning imS the crew and the immigrants and the penalties for contravention migrants, thereof as required by this Act, shall be liable to a penalty not Penalty, exceeding $100 for each such offence.

63. If during the voyage of any vessel carrying immigrants from Violation of any port outside of Canada to any port in Canada, the master foijelgbn 1ShWf or any of the crew is guilty of any violation of any of the laws Contract with in force in the country in which such foreign port is situate re- passengers, garding the duties of such master or crew toward the immigrants

in such vessel, or if the master of any such vessel during such voyage commits any breach whatsoever of the contract for the passage made with any immigrant by such master, or by the owner of such vessel, such master or such one of the crew shall, for every such violation or breach of contract, be liable to a penalty not exceeding $100 and not less than $20, independently Penalty, of any remedy which such immigrants complaining may otherwise have.

64. Every person who violates any provision of this Act, or of tionsnot^>theIr- any order in council, proclamation, or regulation In respect of wise provided which violation no other penalty is provided by this Act, shall for-

incur a penalty not exceeding $100. Penalty.

94 The Immigration Commission.

Master per- 65. Every owner or master of a vessel who lands or permits to

rted* immigrant land therefrom in Canada any immigrant or other passenger the

to land and landing of whom is prohibited by this Act, or by any order in

refusing to take council, proclamation, or regulation made thereunder, whether

re ufm? when such immigrant or passenger intends to settle in Canada or only

intends to pass through Canada to settle in some other country,

or who refuses or neglects, when thereunto lawfully required, to

take on board his vessel any immigrant or passenger who has

Penalty. been so landed, shall incur a penalty not exceeding $1.000 and

not less than $100 for each such offence.

Apprehension QQt ^ny person landed in Canada from a vessel, or brought into persons who Canada by a railway company, in contravention of this Act, or shall be re- of any order in council or proclamation lawfully issued thereun- turned to ves- &ei^ or anv person landed for medical treatment who remains in whence ^hVy Canada in contravention of such order or proclamation, may be came. apprehended, without a warrant, by any immigration agent or

Penalty. other government officer, and may, by force if necessary, be com- pelled to return to or be taken on board the vessel, and, in the case of a railway company, be returned to the country whence he caine.

Master of (2) Every owner or master of a vessel and every railway corn- way company Pany or other person who violates the provisions of this section, violating this or who aids or abets any immigrant or passenger in acting in con- section, travention of such order or proclamation, or who refuses or neg- lects to take any such immigrant or passenger on board such Penalty. vessel or the cars of such railway company, shall incur a penalty not exceeding $1,000 and not less than $100 for each such offence. Refusal or (3) Every railway company which wilfully receives or trans- waS Company." Pol'ts any such immigrant or other passenger, or which refuses or neglects, when thereunto lawfully required, to take on board its cars any such immigrant or passenger, shall be liable to a Penalty. penalty not exceeding $1,000 and not less than $100 for each such

offence.

Apprehension 67. Any person found in Canada who has come into Canada tion of e?mml- within a period of two years from any other country by any grants liable to means or mode of conveyance and who would be liable to exclu- exclusion. sjon or deportation under any of the provisions of this Act relat-

ing to immigrants or passengers arriving by ship or railway train may be apprehended and compelled to return to the country whence he came.

Deportation eg. In any case where deportation of the father or head of a iiy dependent family is ordered, all dependent members of the family may be members. deported at the same time.

RECOVERY OF PENALTIES.

Duties and 69. Every duty or penalty imposed under the authority of this Hen on^vessef Aet uP°n the owner, charterer, or master of any vessel shall, until payment thereof, be a lien upon any vessel of the company or owner or charterer in respect whereof it has become payable, and may be enforced and collected by the seizure and sale of the ves- sel, her tackle, apparel, and furniture, under the warrant or process of the magistrate or court before whom it has been sued for, and shall be preferred to all other liens or hypothecations ex- cept mariners' wages.

Penalty im- (2) Every penalty imposed under the authority of this Act way** company llP°n a railway company shall, until payment thereof, be a lien to be lien on or charge upon the railway property, assets, rents, and revenues property. of such company.

PROCEDURE.

Where prose- 70. Every prosecution for a penalty under this Act may be insti- tution may be tuted at the place where the offender then is, before any justice of the peace having jurisdiction in such place, and may be recovered, upon summary conviction, at the suit of any immigration agent, and the penalties recovered shall be paid into the hands of the

The Immigration Situation in Canada. 95

Minister of Finance and shall form part of the Consolidated Rev- enue Fund of Canada.

(2) The justice of the peace may award costs against the Costs, offender as in ordinary cases of summary proceedings, and may, in the case of an owner, charterer, or master of a vessel, also award imprisonment for a term not exceeding three months, to terminate on payment of the penalty incurred, and may, in his discretion, award any part of the penalty, when recovered, to the person aggrieved by or through the act or neglect of such offender.

71. If it appears to the justice, by the admission of such person Proceedings or otherwise, that no sufficient distress can be had whereon to levy when there is the moneys so adjudged to be paid, he may, if he thinks fit, refrain^°isfrue^lc from issuing a warrant of distress in the case, or, if such warrant

has been issued, and upon the return thereof such insufficiency as

aforesaid is made to appear to the justice, then such justice shall,

by warrant, cause the person ordered to pay such money and costs

as aforesaid to be committed to goal, there to remain without bail

for any term not exceeding three months unless such moneys and

costs ordered to be paid, and such costs of distress and sale as

aforesaid, are sooner paid and satisfied ; but such imprisonment of

a master of any vessel shall not discharge the vessel from the Lien not dis-

lien or liability attached thereto by the provisions of this Act. charged.

72. No conviction or proceeding under this Act shall be quashed or proceedings for want of form, nor, unless the penalty imposed is $100 or over, not to be be removed by appeal or certiorari or otherwise into any superior quashed for court. rm>

(2) No warrant or commitment shall be held void by reason Warrant and of any defect therein, if it is therein alleged that the person has co™ im* tr?e^j been convicted and there is a good and valid conviction to sustain void

the same.

(3) In the case of removal by appeal or certiorari or otherwise Security in of any conviction or proceeding under this Act into any Superior case of appeal, Court, security shall be given to the extent of $100 for the costs

of such removal proceedings to such superior court.

73. All expenses incurred in carrying out the provisions of this Payment of Act and of affording help and advice to immigrants and aiding, expenses under visiting, and relieving destitute immigrants, procuring medical assistance, and otherwise attending to the objects of immigration,

shall be paid out of any moneys granted by parliament for any such purpose and under such regulations or under such orders in council, if any, as are made for the distribution and application of such moneys.

APPENDIX B. ORDERS IN COUNCIL AND REGULATIONS, LAW OF 1906.

ORDERS IN COUNCIL. I.

CERTIFIED COPY OF A REPORT OF THE COMMITTEE OF THE PRIVY COUNCIL, APPROVED BY HIS EXCELLENCY THE GOVERNOR-GENERAL ON THE 25TH FEBRUARY, 1908.

On a memorandum dated 20th February, 1908, from the minister of the interior, stating that a very considerable number of emigrants arriving in Canada from the British Isles have either been rejected at Canadian ports or afterwards deported from Canada as undesirables, for causes named in the immigration act;

That during the year 1907 there were some 141 rejections and 441 deportations of British emigrants ;

That among the many charitable and philanthropic associations actively engaged in the British Isles in sending and financially assisting immigrants to Canada are some whose work is chiefly among the unemployed, destitute, and incompetent classes in the congested centers of population.

While the minister does not contend that some of these immigrants may not make successful citizens of Canada, nevertheless it is true that it is not the object of these associations to encourage the emigration of the really competent, industrious, and ambitious man so long as he succeeds in supporting himself, and that their operations are confined almost exclusively to the class from which it is very unlikely that the needs of Canada can be properly supplied.

The class referred to includes not only the unemployed, but a large proportion of those who are a drug in the labor market from misfortune, incompetence, or indifference. In the case of these it is alleviation of their condition to trans- fer them here, because our experience is that they simply continue in the same condition, and are a detriment to Canada.

While the associations engaged in this work often claim, and perhaps en- deavor to use, discrimination in the matter of selection, in effect it is found that emigrants are sent here who are entirely unsuited to the conditions prevail- ing in this country, and who are unlikely to succeed even under the most favor- able circumstances.

The work of these associations does not come under the supervision of the Canadian immigration department in the British Isles, and it is very advisable that more effective measures should be adopted, supervisory and restrictive, in regard to the undesirable classes.

It might be mentioned that the department of the interior exercises a degree of supervision over a certain very limited class of immigrants who are sent out by the poor law guardians. If the guardians of a district are sat- isfied that a person who has been a charge on them is really capable of working his way in Canada, or elsewhere, under new conditions and with a fair start, they secure an appropriation from public moneys for the purpose of the emigration of such person. When an emigrant is sent out in this way, it is imperative that the consent of the assistant superintendent of emigration for Canada be obtained. In this way the department exercises some control. Independent inquiry is made, a medical certificate is obtained, and other pre- cautions are taken to make sure of the suitability of the emigrant.

The minister is of the opinion that a similar system of inspection should be extended to all charitable and philanthropic societies or organizations operat- ing in England, whether using public money or funds provided by public generosity, so that persons whom they propose sending to Canada may be sub- ject to inspection by the officer representing the Canadian Government emigra-

97

98 The Immigration Commission.

tion department in London as to their antecedents, both morally and physically, and as to their general suitability for settlement in Canada; such persons to be allowed entry into Canada only upon presentation of a proper certificate from the assistant superintendent of emigration; and to be subject to exclu- sion and deportation in the usual way should they succeed hi gaining ad- mittance to Canada in contravention of the regulations.

The immigration act (sec. 10) provides that:

" The governor in council may, on the recommendation of the minister, make such orders and regulations, not inconsistent with this act, as are considered necessary or expedient for the carrying out of this act according to its true intent and meaning and for the better attainment of its objects."

The minister therefore recommends that an order in council be passed prohibiting, from and after the 15th day of April, 1908, the landing in Canada of any person whose passage has been paid wholly or in part by any charitable organization or out of public moneys, unless it is shown that the authority in writing of the assistant superintendent of emigration for Canada in London has been obtained for the emigration of such person, and that such authority has been acted upon within a period of sixty days.

The committee submit the same for approval.

RODOLPHE BOUDREAU,

Clerk of the Privy Council.

II.

PRIVY COUNCIL, CANADA, Ax THE GOVERNMENT HOUSE AT OTTAWA,

Friday, 27th day of March, 1908.

Present : His Excellency the Administrator in Council.

The administrator in council is pleased to order, and it is hereby ordered, that the order in council of the 8th of January, 1908, which provides that in accordance with section 20 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, the immigration agent at any port shall require every immigrant, male or female, 18 years of age or over, arriving before February 15, 1908, to have in his or her possession money to the minimum amount of $50, or if arriving after February 15 and before April 1, a minimum amount of $25, in addition to a ticket to his or her destination in Canada, un- less satisfactory evidence is furnished that the immigrant is going to some definite employment or to relatives or friends already settled in Canada who will take care of such immigrant, do continue in force until the 31st day of December, 1908, in so far as the provision for a minimum amount of $25 is concerned.

RODOLPHE BOUDREAU, Clerk of the Privy Council.

III.

PRIVY COUNCIL, CANADA, AT THE GOVERNMENT HOUSE AT OTTAWA,

Wednesday, the 27th day of May, 1008.

Present : His Excellency in Council.

Whereas during the present session of Parliament an act has been passed repealing subsection 1 of section 30 of the immigration act, chapter 93 of the Revised Statutes, 1906, and substituting the following provision therefor:

"30. The governor in council may, by proclamation or order, whenever ho considers it necessary or expedient, prohibit the landing in Canada of any specified class of immigrants or of any immigrants who have come to Canada otherwise than by continuous journey from the country of which they are natives or citizens and upon through tickets purchased in that country."

And whereas it is considered expedient forthwith to prohibit the landing in Canada of immigrants who have come to Canada otherwise than as set forth in the said provision,

Therefore, His Excellency in Council is pleased to order that from and after the date hereof the landing in Canada shall be, and the same is hereby, pro-

The Immigration Situation in Canada. 99

hibited of any immigrants who have come to Canada otherwise than by con- tinuous journey from the country of which they are natives or citizens, and upon through tickets purchased in that country.

RODOLPHE BOUDBEAU,

Clerk of the Privy Council:

IV.

PRIVY COUNCIL, CANADA, AT THE GOVERNMENT HOUSE AT OTTAWA,

Wednesday, the 27th day of May, 1908.

Present : His Excellency the Governor-General in Council.

Whereas a considerable number of European immigrants arrive in Canada by way of United States Atlantic and Pacific seaports, coming in by rail from port of landing in the United States, many of whom are of the classes pro- hibited by the immigration act from landing in Canada, and are for this reason or for causes arising within a period of two years of their arrival in Canada deportable under the act ;

And whereas upon the superintendent of immigration seeking to deport such persons, the railroad companies responsible for carrying them across the border have pleaded inability to take them back on the superintendent's order, for the reason that the persons sought to be deported were not legally admissible into the United States, and would not be admitted into that country, except for transit to port of landing and immediate delivery into the custody of the steamship company responsible for taking them back to the port or place from which they were brought ;

And whereas the steamship companies have been communicated with in this matter and each company has been asked to enter into an agreement according to the draft attached hereto ;

And whereas the steamship companies have had this agreement and the request of the department of the interior with respect thereto before them since about the 23d of February, 1908, but the only company that has thus far executed the agreement is the Allan Line Steamship Company (Limited) of Glasgow, running ships to Boston, Mass., and Portland, Me. ;

And whereas on account of the neglect of the other companies to attend to this matter the department of the interior is, at the present time, in the position of having some fifty-five deportable immigrants on its hands and being unable to deport them;

Therefore His Excellency the Governor-General in Council in these circum- stances, and seeing that undesirable immigrants are constantly coming into Canada, as above described, and that the superintendent of immigration is unable to put the law in force with respect to such immigrants, is pleased to order, as a necessary measure of protection for Canada, under the authority of section 10 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, that all such immigrants as seek to come into Canada by rail, who have come from any country on any ship landing at a United States port belonging to any steamship company or owner who has not entered into the agreement hereto annexed, shall be and they are hereby prohibited from landing in or coming into Canada.

RODOLPHE BOUDREAU, Clerk of Privy Council.

V.

PRIVY COUNCIL, CANADA, AT THE GOVERNMENT HOUSE AT OTTAWA,

Wednesday, the 3d day of June, 1908,

Present: His Excellency the Governor-General in Council. Whereas by the order in council of the 18th January, 1908, it is provided that in accordance with section 20 of the immigration act, the immigration agent at any port shall require every immigrant, male or female, 18 years of age or over, to have in his or her possession money to a minimum amount of $25, in addition to a ticket to his or her destination in Canada, unless satis- factory evidence is furnished that the immigrant is going to some definite em-

100 The Immigration Commission.

ployment or to relatives or friends already settled in Canada who will take care of such immigrants, and by a further order in council of the 27th March, 1908, this arrangement is continued in force;

And whereas Canada is looking primarily for immigrants of an agricultural class to occupy vacant lands, and as immigrants from Asia belong as a rule to laboring classes, and their language and mode of life render them unsuited for settlement in Canada where there are no colonies of their own people to insure their maintenance in case of their inability to secure employment, it is neces- sary that provision be made so that such immigrants may be possessed of suffi- cient money to make them temporarily independent of unfavorable industrial conditions when coming into Canada ;

Therefore His Excellency the Governor-General in Council is pleased to order that the amount of money required to be in possession of each immigrant as a condition to his being permitted to enter Canada shall be, and the same is hereby, increased to $200 in the case of all Asiatic immigrants other than those with whose countries the Government of Canada has special arrangements or those concerning whose countries special statutory regulations exist on the part of Canada ; the conditions as to tickets to destination to remain as at present.

RODOLPHE BOUDREAU,

Clerk of the Privy Council.

VI.

PRIVY COUNCIL, CANADA. AT THE GOVERNMENT HOUSE AT OTTAWA,

Tuesday, the 23d day of June, 1908.

Present : His Excellency the Governor-General in Council.

Whereas by sections 40 and 58 of the immigration act, chapter 93 of the Revised Statutes of Canada, 1906, it is provided as, follows :

" 40. Every keeper of a tavern, hotel, or boarding house in any city, town, village, or place in Canada, designated by any order in council, who receives into his house as a boarder or lodger any immigrant within three months from his arrival in Canada, shall cause to be kept conspicuously posted in the public rooms and passages of his house and printed upon his business cards a list of the prices which will be charged to immigrants per day and week for board or lodging or both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street.

" 2. No such boarding-house keeper, hotel keeper, or tavern keeper shall have any lien on the effects of such immigrant for any amount claimed for such board or lodging for any sum exceeding $5.

" 58. Every keeper of a tavern, hotel, or boarding house in any city, town, village, or other place in Canada, designated by order in council, who

"(a) Neglects or refuses to post a list of prices and to keep business cards on which is printed a list of the prices which will be charged to immigrants per day or week for board or lodging, or both, and the prices for separate meals, and also the name of the keeper of such house, together with the name of the street in which the house is situated and its number in such street, or

"(6) Charges or receives, or permits or suffers to be charged or received, for boarding or lodging or for meals in his house, any sum in excess of the prices so posted and printed on such business cards, or

"(c) Omits immediately on any immigrant entering such house as a hoarder or lodger, or for the purpose of taking any meal therein, to deliver to such immigrant one of such printed business cards shall incur a penalty not exceed- ing $20 and not less than $5."

And whereas it is considered expedient to bring these sections into force in certain places;

Therefore His Excellency the Governor-General in Council is pleased to designate, and doth hereby designate, for the purpose of sections 40 and 58 of the immigration act, the cities of Ottawa and Toronto, in the Province of Ontario; the cities of Quebec and Montreal, in the Province of Quebec; the city of Halifax, in the Province of Nova Scotia ; the city of St. John, in the Province of New Brunswick ; the city of Winnipeg, in the Province of Manitoba ; and the cities of Vancouver and Victoria, in the Province of British Columbia,

The Immigration Situation in Canada. 101

as cities within which every keeper of a tavern, hotel, or boarding house therein who receives into his house as a boarder or lodger any immigrant within three months of his arrival in Canada shall be subject to the requirements and the provisions of the said section 40 and to the penalties provided by the said sec- tion 58 in case of contravention thereof.

RODOLPHE BOUDREAU,

Cleric of the Privy Council.

VII.

PBIVY COUNCIL, CANADA, AT THE GOVERNMENT HOUSE AT OTTAWA,

Friday, the llth day of September, 190S. Present : His Excellency the Governor-General in Council. His Excellency the Governor-General in Council, in virtue of the provisions of section 20 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, is pleased, in view of the labor conditions and of the probable supply and demand for laborers in Canada during the coming winter to order and it is hereby ordered that in the case of immigrants arriving at Canadian ports be- tween the 1st day of January and 15th day of February, 1909, the immigration agent at any port shall require every immigrant, male or female, 18 years of age or over, to have in his or her possession money to the minimum amount of $50 in addition to a ticket to his or her destination in Canada unless satisfactory evidence is furnished that the immigrant is going to some definite employment, or to relatives or friends already settled in Canada who would take care of such immigrant, and that on the last mentioned date the money qualification above prescribed be reduced to the minimum amount of $25 for each immigrant, and so remain until further ordered.

RODOLPHE BOUDREAU, Clerk of the Privy Council.

IMMIGRATION REGULATIONS AND FORMS. MEMORANDUM FOR THE GUIDANCE OF IMMIGRATION INSPECTORS.

Inspectors appointed to enforce the provisions of the immigration act and the regulations made thereunder in respect to immigrants arriving in Canada by railway, or other means, are expected to use fair discretion in carrying out their duties, bearing in mind that the policy of the department is not one of ex- clusion of immigrants, excepting in cases where their admission is directly pro- vided against in the act, or regulations, or is likely to be an injury to the community.

The term " immigrant " means and includes any person arriving in Canada by railway train or other mode of travel, provided such person has not pre- viously been domiciled in Canada. In any doubtful case where previous domicile in Canada is alleged as a reason for coming in the inspector is re- quired to closely question the party as to such domicile, ascertaining the address, length of residence, and how employed, as well as name and age of passenger, and these particulars are immediately to be reported to the superintendent of immigration, wTith date of arrival and particulars as to train, and form and number of ticket, together with inspector's remarks as to reasons for objecting to passenger.

Special attention is to be given to the classes designated as " undesirable " and the inspector must see that none such are admitted.

(1) Feeble minded, idiots, epileptics, insane, or those who hate had an attack of insanity within five years.

(2) The immigrant who may be afflicted with a loathsome disease, or with a disease that may become dangerous to the public health or widely disseminated, whether the immigrant intends to settle in Canada or only to pass through Canada to settle in some other country.

(3) One who is a pauper, a destitute, a professional beggar, or vagrant, or who is likely to become a public charge, or one who has been convicted of a crime involving moral turpitude. A prostitute, or one who procures, or brings, or attempts to bring into Canada, prostitutes or women for purposes of pros- titution.

102 The Immigration Commission.

The foregoing are absolutely prohibited from admission into Canada, and if any such are found on the train which the inspector is examining, he will notify the official or officials in charge of the train that such person or persons can not be admitted into Canada, but must be returned immediately. The inspector will require no other warrant or authority for this than that reposed in him by virtue of his appointment, and having taken the action thus indicated his re- sponsibility in the matter will cease until such time as he may find that his instructions are not being carried out. Then he will immediately advise the superintendent of immigration, Ottawa, by wire, following the telegram by a letter giving a complete history of the action, with particulars as to train, date, name of debarred immigrant, etc.

(4) The law requires that an immigrant who is deaf and dumb, or dumb, blind, or infirm, must not be permitted to come into Canada unless he belongs to a family accompanying him, or already in Canada, and which family gives security satisfactory to the minister for his permanent support if admitted into Canada.

In this relation if the inspector is satisfied that there are no other reasons to refuse admission, he will allow party to go forward with family, if they are on train, or to family, if they do not accompany, taking careful note of name, destination, permanent address, and form and number of ticket, so that the case may be followed up subsequently, if necessary.

(5) It is provided by the regulations issued under the act that immigrants may be prohibited from coming into Canada, unless they come from the country of their birth, or citizenship, by a continuous journey, and on through tickets purchased before leaving the country of their birth, or citizenship.

With respect to the above it may be remarked that authority is thereby given to exclude certain classes of persons, when the labor conditions prevailing in Canada render such action desirable. When the labor conditions are not such as to render necessary the general application of this regulation, inspectors are enabled, by it, to exclude individuals whom they may have reason to suspect are undesirable for any of the reasons for exclusion set forth in the immigra- tion act. Particular discretion will have to be exercised in cases coming under this clause.

(6) Immigrants arriving between the 1st of December and 15th of February may be required to have in their possession $50 per adult passenger besides a ticket to destination, and at other times $25 per adult passenger and ticket to destination.

While the inspector will be very careful in his examination to see that this clause is complied with, he will not enforce it in cases where satisfactory evi- dence is furnished that the immigrant is going to some definite employment, or to relatives or friends already settled in Canada who will take care of such immigrant.

For the complete checking up of trains, it may be necessary for the inspector to meet the Canada-bound trains at a station on the American side of the boundary line, and accompany train to the first point at, or within, the Cana- dian boundary.

Inspectors are required to familiarize themselves thoroughly with the immi- gration act and amendments, and with any orders in council, proclamations or regulations, made thereunder, and they are further required at the end of each month, and from time to time as they may be instructed, to report in writing to the superintendent of immigration, Ottawa, upon blanks to be pre- scribed by him, the number of immigrants passing through their respective ports of entry and such other particulars as may be ordered.

Cases of doubt may, to save time, be referred to the superintendent of im- migration at Ottawa, by telegraph.

SCHEDULE 2. ORDER OF THE MINISTER OF JUSTICE UNDER THE IMMIGRATION ACT.

To the (governor or warden) of the (gaol, prison, or penitentiary):

Whereas , an immigrant to Canada has within two years of his

landing in Canada become an inmate of [having been convicted (or

being charged with) the crime of ] ;

The Immigration Situation in Canada. 103

And whereas under the provisions of the immigration act, as amended by -, I have been requested by the minister of the interior to issue an order

to you, the said (warden or governor, as the case may be), for the delivery of the said - to the person named in the warrant of the superintend- ent of immigration, with a view to the deportation of the said

(immigrant) :

Now know you that I, the minister of justice of Canada, do hereby, under the provisions of the said act, order you, the said (warden or governor), to

deliver the said to , who has been authorized by warrant

of the superintendent of immigration to receive said from you

with a view to his deportation under the provision of the said act.

For which this s^hall be your sufficient warrant.

Given at Ottawa this day of , in the year of our Lord 19 , under

my hand and seal of office.

[L. S.] = ,

Minister of Justice.

WARRANT OF THE SUPERINTENDENT OF IMMIGRATION UNDER THE IMMIGRATION ACT.

To of :

Whereas , an immigrant to Canada, has within two years of his

landing in Canada become an inmate of ;

And whereas under the provisions of the Immigration Act, as amended by , the Minister of the Interior has ordered the deportation of the said im- migrant under the provisions thereof, and has applied to the Minister of Justice for an order addressed to the (governor or warden) of the (gaol, prison, or penitentiary), commanding him to deliver the said (immigrant) into your custody with a view to his deportation under the provisions of the said act ;

Now know you that , Superintendent of Immigration, do hereby

order and authorize you the said to receive the said (immigrant) from

the said (governor or warden) and him the said (immigrant) safely to keep and to convey through any part of Canada and him to deliver to the trans- portation company or railway company which brought him to Canada, with a view to his deportation to the port from which he came to Canada.

For which this shall be your sufficient warrant.

Given at Ottawa this day of , in the year of our Lord 19 ,

under my hand and seal.

rT Q 1

[LI. e>.j .

Superintendent of Immigration.

The following form (67 Imm.) shows the evidence that is required to bring about the deportation of an undesirable immigrant. Copies of this form may be obtained by writing to the Superintendent of Immigration, Ottawa. Letters so addressed are carried post free.

The recommendation to deport should be signed by a Mayor, Reeve, or other public officer having cognizance of the facts.

The space for doctor's certificate may be left blank in cases other than those in which the cause of deportation is disease, or mental or physical dis- ability.

FOR THE INFORMATION OF THE SUPERINTENDENT OF IMMIGRATION, OTTAWA.

, 19—.

Statement in re (undesirable immigrant).

Age, ; nationality, ; arrived at port of by steamship ;

date of landing, ; traveled inland on - Railway; present where- abouts, - ; why deportation is suggested, ; history in Canada,

; whether able to pay the whole or any part of the cost of transporta-

tiollj ; name and address of friends in the Old Country, ; rela- tionship, - ; doctor's certificate, M. D. (address), .

Deportation recommended by

(Address), Form 67 Imm.]

XOTE. Four copies of above are required, and if the undesirable is thought to be an American citizen, by birth or naturalization, Form 67 A " Supple- mentary Information in Case of Undesirable Immigrants from the United States " should also be completed in quadruplicate. #

79520°— VOL 40—11 8

APPENDIX C.

OFFICIAL CIRCULAR OF CANADIAN SUPERINTENDENT OF IMMIGRATION.

IN RE

EXCLUSION OF OVER-SEAS IMMIGRANTS.

DEPARTMENT OF THE INTERIOR, CANADA,

Ottawa, June 4, 1909.

In view of the fact that the immigration act at present in force has been amended several times, and that in accordance with its provisions its express terms have been supplemented by several orders in council, there is a possi- bility of misunderstanding arising between the several steamship and railway companies and the immigration department in the application of its exclusion provisions.

As a help towards avoiding such misunderstanding it seems advisable that the immigration policy of the Canadian Government and the understanding of the interior department of the exclusion provisions of the immigration act should be stated as shortly and plainly although informally as possible:

(1) Money is expended and administration is exercised with the object of securing immigrants whose purpose in life is to occupy farm lands, either as owners, tenants, or laborers.

(2) Money is voted and administration is exercised with the object of ex- cluding those whose presence in Canada would tend to add to the congestion of our towns and cities.

Immigration effort is made in those countries which are considered most likely to furnish the people coming within the first of the two classes above specified.

No immigration effort is made in those countries which are considered likely to furnish the people coming within the second class.

The act is interpreted and its administration conducted throughout, to give effect to the above two distinct lines of policy.

Certain of the exclusion provisions of the immigration act are mandatory and apply equally to the people of every class and of every country. These are the provisions which exclude the physically, mentally, or morally unfit.

Other provisions exclude for financial or other reasons not physical, mental, or moral.

These provisions exclude:

(1) Charity-aided immigrants.

(2) Europeans who have in possession less than $25 in cash besides ticket to destination, and Asiatics who have less than $200 besides ticket to destina- tion ; excepting citizens of China or Japan, in regard to whom there are special arrangements. (Chinese must pay $500 head tax; Japanese must have in pos- session $25 cash and a passport.)

(3) Immigrants who do not come by continuous passage from, and on ticket purchased in, the country of their birth or citizenship.

Provision is made for relaxing the first of these causes of exclusion in the. case of persons who have been inspected and approved before sailing by the assistant superintendent of immigration for Canada in England. No other re- laxation will be made.

In regard to the second, provision is made for relaxation (a) in the case of persons going to friends permanently resident in Canada, who are capable of supporting them, and (&) in the case of those going to assured employment.

The relaxation in the case of persons going to friends only applies to persons ordinarily dependent on such friends; that is, wife or children going to husband or father; brother or sister going to brother, minors going to married or inde- pendent sisters, or parents going to children capable of supporting them.

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106 The Immigration Commission.

The provision as to relaxation of the money qualification, because going to assured employment, is dealt with as follows :

(a) Immigrants from countries, other than those in which immigration effort is being made by Canada, can not be assumed by the immigration officials to be going to assured employment, and therefore each individual will be re- quired to produce the amount of money the regulations call for.

(&) In view of the difficulties encountered by non-English speaking immi- grants in securing employment, even though coming from the countries in which immigration effort is being- made (in case of their not having the money re- quired and ticket to destination), the agent must be satisfied by evidence which he must record that such immigrant is going to assured employment at farm work. (The over-sea countries in which immigration effort is made are: Great Britain and Ireland, France, Belgium, Holland, Germany, Denmark, Iceland, Norway, Sweden, and Switzerland.)

(c) In case of English-speaking immigrants while the steamship companies must be prepared at all times for a strict enforcement of the money requirement, the agent may, in case the immigrant is otherwise desirable, accept a reasonable assurance that he will find employment, provided such employment is at farm work.

Regarding the third cause for exclusion : All immigrants who are unable to satisfy the agent either that they have independent means of support or that they are suited to farm work and intend to engage in it, are liable to be ex- cluded under the indirect passage provision.

The officials of the Immigration Department at ocean ports are being in- structed that they will be held strictly to account for the enforcement of the act in accordance with the foregoing statement of its terms.

APPENDIX D.

OFFICIAL CIRCULAR TO BOOKING AGENTS IN THE UNITED

KINGDOM.

SUPPLEMENTARY CIRCULAR.

IMMIGRATION BRANCH, DEPARTMENT OF THE INTERIOR,

Ottawa, November 15, 1906. To Booking Agents in the United Kingdom:

It is the desire of the immigration department of Canada to have the most friendly relations with the booking agents of the United Kingdom. With a view to preventing misunderstanding it is deemed desirable to set forth in plain terms the purpose of the government of Canada in pursuing an active immi- gration policy and the reasons governing it in the conduct of that policy.

The bonus to booking agents of £1 on adults and 10 shillings on children be- tween 1 and 18 is given to make it worth while for the booking agents to use his best exertions in securing for Canada the particular classes of people upon whom the bonus is paid.

In a country with a population of nearly fifty millions, such as the United Kingdom, which has no new territory for occupation, there must necessarily be a large yearly increase of population, which must either find an outlet or add to the congestion of the great cities. Every year there is a very large movement of people from the United Kingdom to North America. For a long time the larger part of this yearly movement went to the United States and a very small part to Canada. That which went to the United States was lost to the Empire; the part which went to Canada aided in building up the Empire.

It is not the expectation of the government of Canada to increase unduly the outflow of people from the United Kingdom, but it is its desire to turn to the benefit of the Empire in Canada a greater proportion of the natural and neces- sary annual outflow from the mother country.

The Canadian government in confining the bonus to emigrants of certain call- ings has selected those callings which may fairly be expected to fit people for the opportunities existing in Canada. By making special exertions to secure these classes for Canada, the booking agents will be doing their best for the emigrants themselves, for Canada, and for the Empire.

It is believed that, although the classes particularly desired by Canada might find a field for employment at home, the removal each year of some part of the natural increase there will leave room and opportunity for others who would, under other circumstances, be crowded out of these advantages.

The classes of people on whom bonus is paid by the Canadian government are expected, by reason of their experience at home, to find scope for their abilities in the occupation of the vacant lands of Canada, in employment upon the lands now occupied and cultivated, or in the railway development now in progress. And while it is not asserted that people of other callings or condi- tions of life should not come to Canada, or may not find a career open to them in this country, it is desired to have it well understood that the govern- ment of Canada assumes no responsibility with respect to any other immigra- tion than that of the classes mentioned as eligible for bonus payment. It is not asserted that the farmer or farm laborer is necessarily a more desirable citizen than any other, but it is a simple fact that the demand in Canada is for people to occupy the as yet vacant lands of the country, to aid in the cultivation of those already occupied, and also to assist in providing additional transpor- tation facilities. This it is which justifies the government in assuming the expense of immigration effort. To go beyond the attempt to meet these require- ments would be to use the money of certain classes of Canadian taxpayers for the purpose of securing competitors against them in their several callings, for which they would naturally hold the government to account

107

108 The Immigration Commission.

For these reasons booking agents will be good enough to understand that the present large bonus is only offered to secure the fullest compliance with its con- ditions, and they must expect the officials of the immigration branch to look strictly into every bonus claim made, not as showing any lack of faith in the booking agents or as discriminating against any class of people, but simply as a matter of business to make sure that money is not being paid except on the due fulfillment of conditions that have the sanction of all classes of the Canadian people, who. in fact, are paying the money.

In the circular of March 20 bonus was restricted to persons of certain classes was required that the person eligible by reason of his calling should be then- employed in that calling and had been so employed for at least one year. This condition is altered in the new circular forwarded herewith so that the require- ment is now that the person shall have been in such employment for at least one year, without special regard as to when that was, and the list of questions to be answered by the emigrant when applying for ticket has been altered accordingly.

In the circular of March 20 bonus was restricted to persons of certain classes therein mentioned, who signified their intention of following farming in Canada. This provision has been amended by adding " or railway construction work," so that whether the immediate intention is that of following farming or securing employment in railway construction work the person is eligible for bonus.

These changes enlarge the number of people upon whom bonus may properly be paid, but as they enlarge the number and to that degree are to the advantage of the booking agent, so the officials of the department may be expected to hold more closely to the express terms of the circular issued and to the intent which its terms express.

It is important that the provisions of the Canadian immigration act of last session, prohibiting the landing in Canada of certain classes of people, should be carefully studied (copy herewith), so that the booking agent will understand thoroughly that for his own credit and the advantage of his business he will not book people of these classes. They are liable to be returned to the place from whence they came at the expense of the steamship company. This liability exists for two years after their landing in Canada. It will be noticed that the following classes of people are prohibited from landing and are subject to deportation within two years : Feeble-minded, idiotic, insane, or who have been insane within five years, afflicted with any loathsome, contagious, or infectious disease ; anyone who is a pauper, who is destitute, who is a professional beggar or vagrant, or who is likely to become a public charge ; any prostitute or person who lives by the proceeds of prostitution, or any convicted criminal. Persons who are deaf and dumb, blind, or infirm may be admitted if accompanied by members of the family, who will be responsible for their support and safe- keeping. Unless so accompanied they are subject to deportation.

Bonuses are only payable on passengers traveling by lines which land at Canadian ports or at Portland, Me., during winter, and only on persons who are British subjects.

In the past it has been found necessary on occasion to discontinue business relations with booking agencies for various reasons, such as presentation of improper claims, booking of undesirables, the special booking of artisans under contract, and improper advertising. It is hoped that no difficulties of this kind will arise in future; but as the immigration department is a part of the pub- lic business of Canada, it is necessary that its work and connections should be kept clear of misunderstandings of every kind. The department would pre- fer not to have relations with any agency with which it might find itself at cross-purposes, and whose actions might subject its work to misrepresentation.

In the past it has not been the practice of the department to pay bonus on first-class passengers. This has not been because such payment was con- trary to the intent of the bonus system, if such passengers were of the classes listed for bonus, but because first-class passengers are not subject to inspection on arrival in Canada, and therefore the department had no means of checking the propriety of the payments. If, however, booking agents will avail them- selves of the provision contained in the circular herewith, which is the same as was contained in the circular of March 20, 1906, by securing a certificate from one of the accredited agents of the department in the United Kingdom, as therein provided, the bonus will be paid, but not otherwise.

The provision for granting certificates in the United Kingdom by emigration agents to insure payment of bonus is permissive and not compulsory. If such

The Immigration Situation in Canada. 109

a certificate is granted in proper form the immigration department will not question the payment of the bonus. If such a certificate is not secured, then the payment of the bonus must depend upon the examination by the immigration officer at the port of landing. It is because of the necessity of inspection at port of landing that it has been found necessary to restrict payment of bonuses on emigrant passengers to those landing at Canadian ports, with the exception of those landing at Portland, Me., during winter.

Previous to issue of circular of March 20, 1906, there was some discrimina- tion in bonuses paid under certain circumstances, but with the coming into effect of that circular, the terms of which are repeated in the accompanying circular, all booking agencies were placed on an equal footing, the same bonus being paid under the same conditions in all, cases. It is the desire of the Im- migration Department to deal quite fairly with all booking agencies, the result aimed at being to secure desirable emigrants for Canada up to the yearly re- quirements of the country.

It is not in the interest of the individual emigrant that he should remove to Canada unless there is reasonable prospect of his success here. The arrival of any large number of immigrants in this country who are unfitted for the conditions here must necessarily react against the continuance of the emigration movement. In spite of the fact that his failure to succeed is due to personal causes, the unsuccessful man will blame the country, and complain to his friends at home, thereby deterring them from coming out. and the efforts of the Immigration Department will be discredited with the people of Canada, who will therefore withdraw their support from those efforts. The men wanted in Canada are those who will do well here, who are recognized in the United Kingdom as being fit, but who are looking for the wider opportunities of the new country, not to be found at home. The efforts of the Canadian Immigration Department are not directed toward those who are merely looking for a place where they may live, but toward those who, while they are able to live under present conditions in the United Kingdom, are on the lookout for an opportunity to better their position in life.

It is suggested that booking agents take for future reference the home address of the emigrant upon whom bonus is to be claimed, and also that of some of his relatives remaining at home.

It is the desire of the Immigration Department that its work in the United Kingdom shall be carried on in cooperation with the licensed booking agencies. So far as possible, literature and samples of products will be supplied to booking agents on application, and our salaried agents are instructed to reply promptly to all communications received from booking agents, and to give all proper information, and all the assistance in their power to the legitimate booking of passengers of the classes upon which bonuses may be paid.

In the past, some booking agents have been in the habit of sending in bonus claims on persons who intended to follow mechanical pursuits in Canada, and on others who had never engaged in any of the specified occupations, or who had less than one year's experience in such occupations. Kindly see that in future you make claims only upon British subjects, who have had at least one year's experience in one of the specified occupations, and wrho come to Canada to engage either in agricultural pursuits or railway construction, and on female domestic servants. By pursuing such a course the work of this office will be materially lessened and the just claims consequently more promptly attended to. You are also requested to see that every blank space in emigrant's application for ticket is properly filled.

The department should be notified at once in all cases where an emigrant transfers his passage from the boat on which he originally books. The name and date of sailing of the vessel upon which he first booked should be given, as well as that of the ship to which he has been transferred.

All communications with regard to the nonpayment of any claims made should be sent direct to me. In every case the name, age, and contract ticket number of the emigrant, with the name of the vessel, and date of its sailing should be carefully given. In any case where the Canadian government finds it necessary to deport any immigrant within twelve months of his arrival in Canada because of criminal tendency, disease, or other cause, or where the immigrant has left Canada for the United States within that period, the bonus paid upon him will be deducted from the account of the agent to whom it was paid.

W. D. SCOTT, Superintendent of Immigration.

APPENDIX E.

AIMS AND METHODS OF CHARITABLE ORGANIZATIONS PRO- MOTING EMIGRATION TO CANADA FROM THE BRITISH ISLES.

[Report by J. Bruce Walker.0]

INTERIOR DEPARTMENT OF THE GOVERNMENT OF CANADA,

EMIGRATION BRANCH, London, 8. W.t January 10, 1908.

SIR : For some time I have been devoting attention to the operations of cer- tain philanthropic and charitable societies in this country, particularly in London, as far as their connection with emigration to Canada is concerned. The work of these societies has always given me the gravest anxiety, and from the information I have been able to obtain, after a close study of their methods during the past few weeks, I desire to say to you frankly that in my judgment the classes which these organizations send to Canada are for the most part not desirable citizens. There is no doubt that all the philanthropic and charitable societies engaged in the work of emigration to Canada are able to point with satisfaction to a certain proportion of their emigrants who have been successful in the Dominion. I am very far from seeking to convey the impression that all the material sent to Canada by these organizations is either unsuitable or undesirable. I readily recognize that many gratifying instances can be shown in which the emigrants, availing themselves of the new conditions, have been able to start life afresh, and are able to look forward to a life of comparative comfort and competence as compared with the condi- tions in their former home.

I do not think, however, that emigration to Canada is a solution of the London unemployed problem, and I do not think, speaking generally, that the class of persons coining within the scope of the association to which I am referring in this report are suited to the requirements of Canada and are likely to succeed in any great numbers in this country, even under the most favorable conditions.

While it may be conceded that these so-called charitable and philanthropic institutions are animated by good intentions, their interests are more con- cerned in the benefits that will accrue to England than to the advantages gained by Canada through the medium of the emigration of their proteges.

The work of these societies may be divided into two principal parts: First, the purely philanthropic or charitable; and secondly, the state or rate-aided emigration. With regard to the first the funds are procured by insistent and widespread appeals to the benevolent, and the operations of the organizations are confined to the destitute, the unfortunate, and, to a large extent, the incompetent. No pretence is made of assisting the emigration of a man, how- ever competent, however industrious, however ambitious, so long as he is in employment. In other words, the best class of labor in this country is dis- couraged, and that labor which finds itself most frequently in the market, either from incompetence, intemperance, or indifference, is the peculiar care of such organizations. When an employer of labor in London, for business reasons, is compelled to reduce his staff of employees, he does not suspend the competent and reliable workman. He weeds out for the purpose of dismissal all those who have made themselves known either by their incompetence, their intemperance, or their carelessness, and these latter become the mass of people from whom and among whom the philanthropic and charitable societies to which I allude obtain their recruits for emigration to Canada.

« Published by the authority of the Minister of the Interior, Ottawa, Canada, 1908.

Ill

112 The Immigration Commission.

At the present time and under the present condition of the emigration law there is practically no supervision exercised on this side over the -work of these societies. It is claimed, of course, by the officers of these organizations that every care is taken and every anxiety shown to obtain only the most suitable for emigration to Canada. The results are shown by the material which they send to Canada, and do not warrant the belief that their efforts in these direc- tions have been very successful. In any case, I am convinced that the societies operate amongst a very undesirable class for the purpose of emigration to Can- ada, and that the supervision, however well intentioned, is invariably defective and superficial. Whereas Canada is calling constantly for men accustomed to agricultural pursuits to emigrate to the Dominion, these so-called philanthropic bodies are engaged almost exclusively in operating amongst the dense masses of the congested parts of the City of London and other big cities, and are therefore seeking to meet our needs from a source that in all reason is very unlikely to supply such needs.

With regard to the state aided and rate aided, these are the products of the distress committees and of the workhouses. The distress committees are bodies in large centers of population, permitted, under the terms of the unemployed workmen's act, to levy a small rate as a tax upon the public for the emigration, and for provision by employment or otherwise of the unemployed in such com- munities. This tax is imposed up to a certain amount per pound, is used partly to provide food and shelter, partly to provide temporary employment, and partly to provide emigration. The distress committees usually operate through some recognized booking agency, providing the fares for the transportation and leav- ing such booking agency to provide the employment on the Canadian side. There is no supervision of an official character exercised over these emigrants. The Emigration Branch of the Department of the Interior is neither advised of their numbers, their character, nor the date of their sailing. In the present condition of the law, if a distress committee is satisfied that a booking agency organiza- tion can satisfactorily dispose of the men, the bargain is completed between that organization and the distress committee, and that is the end of it.

With reference to the rate-aided emigration that is, the emigration pro- vided by the poor-law guardians there is a certain measure of control. When, for any reason, the guardians of the district are satisfied that the inmate of a workhouse is capable of working his way in Canada or elsewhere under new conditions and with a fair start, they apply to the president of the local gov- ernment board for permission to appropriate from the public rates under the poor law a sum necessary for the emigration to Canada, say, of such person or persons. The local government board has laid it down as an imperative instruction that the consent of the assistant superintendent of emigration for Canada must, in every case, be obtained before the emigration is permitted of such pauper person or persons. Here the department is able to exercise some control, and does so, I venture to say, with good effect.

In the first place rigorous independent inquiry is made by ourselves, in which the previous character of the family, a medical examination on a prescribed form (after the manner of a life insurance medical application form) is filled up by a properly qualified medical man, and where it can be shown that the answers are correct, the health of the persons unquestioned, and that arrange- ments have been made for the proper reception and employment of the indi- viduals, the departmental consent is given, and the consequent consent of the local government board to such emigration. Emigration of this class is less in quantity than that of any other to which I have referred, and I think inquiry will bear me out in saying that notwithstanding its source it is perhaps a little more satisfactory than either that emigrated by the unemployed work- men's act or the operations of charitable organizations.

The trouble, however, of a State-aided emigration is that it is dealing with a class of persons whose position is either due to their own intemperance or incompetence, and who, for the most part, lack that self-confidence and self- reliance that is necessary for success in a new country and under new condi- tions.

I am satisfied that an extremely large proportion of the nonsuccesses in English emigration is due to the unreasonable proportion of that class of em- igration sent to Canada. In Scotland, where the proportion of emigrants to the population is more than double what it is in England, there are no such philanthropic societies and no such charitable organizations engaged in emi- gration work, and you can not but have observed how few cases of nonsuc- cess there are amongst the Scottish emigrants.

The Immigration Situation in Canada. 113

In my bumble judgment tbe time bas now come wben the department should devise rigorous and effective measures to first discourage, and, secondly, to supervise such charitably aided emigration.

The total number of persons sent to Canada during the year 1907 by London charitable societies alone reaches the important figure of 12,336. These figures do not include all who have been sent to Canada financially assisted out of the rates. Another 500, perhaps, might be added as covering the operations of the various distress committees throughout England, who have booked emigrants in numbers of from 10 to 50 by private booking agencies.

THE EAST END EMIGRATION FUND'.

The East End Emigration Society is a purely charitable organization, op- erating exclusively in the poorest and most crowded part of London the East End. It is constantly making appeals to the generosity of the wealthy and benevolent through the medium of the public press, and by private appeals for money to emigrate deserving cases.

It may be conceded at once that this organization is working at what it believes to be a good cause, but unfortunately it is working in a territory where the environment and conditions are all against their obtaining a class of persons suitable for Canada ; the vastly populated and greatly congested East End of London can not be considered a favorable field for obtaining that class of emigrants which Canada needs, and that class of men who are at all likely to accommodate themselves to the conditions obtaining in Canada and through their own energy and determination build up homes for themselves. The conditions under which they had lived, and in which in all probability their parents for several generations have lived, do not produce the kind of men who are fit for labor which Canadian farmers have to offer, and I can not but feel that while I accord the very best intentions to this organization, it is working in an area that can not possibly afford us satisfactory results. This organization books its own passengers, and in common with similar or- ganizations has a private arrangement for a preferential rate in favor of itself as compared with the charge for transportation exacted from the or- dinary self-paying emigrant. During the year this organization, without the slightest control, either by the Government in this country or by the Emigration Branch of the Department of the Interior in this country, sent to Canada 6,096 persons, recruited from the East End of London, paying, it may be pre- sumed, in every case the total cost of such transportation.

SELF-HELP EMIGRATION SOCIETY.

This organization is likewise of a charitable character, although it insists upon a proportion of the passage being paid by the people emigrated, relying upon the charity and the good will of the wealthy classes of the metropolis for payment of the balance. The Self-Help Emigration Society sent to Canada during the year 1907 a total of 506 persons, neither inspected nor controlled by any agency on this side.

THE CHURCH ARMY.

This is a reformatory and charitable organization connected with and work- ing under the auspices of the Established Church of England. They sent to Canada last year 1,595 persons, of whom 1,519 received assistance from the Church Army Emigration Fund. This organization is of a many-sided char- acter, embracing the reclamation of the drunkard, the reception of the dis- charged prisoner, the shelter and food of the homeless, and an asylum for the unemployed. It has a number of cheap night shelters throughout this city and country, and is engaged exclusively in operating amongst the lowest and most degraded classes to be found in England. In pursuance of the reformatory work, they have a farm colony, to which men are sent on probation, and where those who are destined for emigration to Canada are placed for observation and training in actual farming operations, but as these men were originally anything but farmers or rural citizens the probation can hardly be called satisfactory; the training is not very practical, and the person still retains his aversion to the country and his love of populous places.

The Church Army also interests itself in the emigration of persons who can pay their fare; young men who are sowing their wild oats; young men who are beyond parental control; young men whose relatives believe that removal

114 The Immigration Commission.

from old haunts and old associations to a new country would afford a renewed opportunity for starting life afresh, and rehabilitating themselves in the good opinion of their friends, and I am afraid that not a few of the latter are selected, not from any examination, but from the personal influence of those who are desirous of obtaining the emigration of such persons.

THE CHURCH EMIGRATION SOCIETY.

This society was not formed with the definite object of advancing the pas- sage money of the emigrants, but a certain number of those sent out by the society have been assisted in this way. Their method of operation is to assist those who assist themselves; in other words, to pay a portion of their trans- portation, but to enconrge only husbands and wives with small families. I am free to confess that this organization exercises a good deal of care in the selection of their emigrants, and insists upon the guarantee of the respecta- bility of the family in the form of a good contribution to the cost of the trans- portation, and also insists upon an agreement for the repayment of the proportion advanced. Last year they sent altogether 663 persons to Canada. This society is first and foremost a religious society, and exists mainly for the purpose of binding together members of the Church of England in all parts of the world.

THE CENTRAL UNEMPLOYED BODY.

This is a purely London organization, operating under the Workman's Unem- ployed Act, confining its operations to the unemployed of the city of London, without regard to any particular locality in the metropolis. I am not prepared to deny but what they take a great deal of care, and go to a great deal of trouble in sifting, selecting, and finally approving of the emigrants. The objection to their organization, however, is that they work exclusively amongst a class of people for whom there is no demand in Canada, i. e., unemployed tradesmen, artisans, mechanics, and other skilled persons, as well as general laborers. The propor- tion of persons with farm training coming under their care is infinitesimal, and, as I have said, it is difficult to draw the line between the unemployed and the unemployable; and yet it is amongst just such classes that the Central Unemployed Body conducts its work. During the year the Central Unemployed Body emigrated to Canada 2,842 persons, booking them directly from its own offices, sharing the preferential rate, the bonus claims, and other such considera- tions as could be obtained. They have, as you know, no regularly constituted organization on the Canadian side, either for the reception, distribution, or absorption of such emigrants as they send. One or two agents throughout Canada can neither take care of nor place such numbers of persons, and consequently in the total credited in this report to the East End Emigration Fund, it should be stated that 2,573 persons were handed to the East End Emi- gration Fund by the Central Unemployed Body, because the former society was supposed to have a better organization for the employment of the emigrants on arrival in Canada. Apart from this, however, the Central Unemployed Body sent 2,842 persons to Canada, the great majority of whom I am afraid are not at all likely to readily assimilate and adapt themselves to Canadian conditions.

. THE SALVATION ARMY.

During the year 1907 the Salvation Army emigrated 406 persons whose fares were either wholly or partially advanced. These form a proportion of the 15,000, which is about the aggregate of the Salvation Army's emigration during that year. Of these 406 persons, the majority of the wholly advanced fares came from emigrants provided by local distress committees in provincial towns. These local distress committees, being assured by the Salvation Army of their power to receive and provide employment for the emigrants of these distress committees, have placed them in the hands of the army and provided the funds. The remaining portion represents those families of wives and children of spe- cially deserving cases where the army itself advanced the transportation with the hope of subsequent repayment.

With reference to the emigrants of distress committees handed to the care of the army, they are open to the same objection as such emigrants when in the care of any other society. They are, for the most part, tradesmen, townsmen, and generally very incompetent and inferior ones at that. It is worth noticing,

The Immigration Situation in Canada. 115

however, that out of the total of 15,000 persons claimed by the Salvation Army as having been sent to Canada in 1907, only 406 had their fares wholly or par- tially advanced.

THE CENTRAL EMIGRATION BOARD.

The Central Emigration Board, an executive body not at all of a philanthropic oi> charitable character, was brought into existence for the purpose of providing a machine for booking and emigrating the products of the provincial distress committees. The latter have not taken kindly to the organization, inasmuch as provincial distress committees object to overlooking the claims of local book- ing agents, probably rate payers in their community, in order to deal with the Central Emigration Board in London, from whom they receive no return and no special consideration. Consequently, therefore, notwithstanding the inaugu- ration of this body, with considerable press display and not a little prestige from important and influential persons on the directorate, it has not done a great deal of business. During the year it sent to Canada 228 persons, the unemployed products either of certain charitable societies or distress commit- tees. I do not know what special provision it has for obtaining work on the other side, but I am afraid the organization, if any, must be of a very restricted character.

In inclosing you, in tabulated form,0 the totals of persons emigrated by such philanthropic societies as I have dealt with in this report, I beg to offer, in the most respectful way, the suggestion for submission to the minister, that if this emigration is not to be discouraged in toto, some means must be devised at once for its proper supervision and control.

-In my opinion, it will be an unfortunate condition of affairs if such organiza- tions are permitted, unrestricted, and unrestrained, to pour upon the shores of Canada large numbers of persons, few of whom are at all fitted for our con- ditions and most of whom are morally and physically quite unfitted. It might be well to institute a regulation that the same permission should be obtained for the emigration of such persons as is obtained for the emigration of persons from workhouses, and it might also be permissible to insist that such organi- zations in England must have a complement organization in Canada and be able to show to the satisfaction of the department their ability to absorb and em- ploy such emigrants as they send.

As most of these organizations carry on their operations in large centers of population, they seldom reach persons of agricultural experience, and, conse- quently, have in proportion to their numbers sent to Canada very few claims for the bonus given by the department to persons bent upon agricultural pursuits in Canada, and I think therefore it would be judicious to withhold the bonus in the case of any person obtaining either a free or an assisted passage, ability to pay the necessary transportation charge being one of the most satisfactory proofs of thrift and industry.

I have discussed with the leading officers of the local government board the question of the supervision of the efforts of charitable and philanthropic asso-

0 Statement of persons sent out by certain societies during 1907 :

East End Emigration Fund 6,096

(The above figures include those sent out by the East End Fund for the Central Unemployed Body.)

Self-Help Emigration Society 506

(Either the whole or the greater part of the passage of these people was provided by the emigrants or those interested, small grants only being made by the society.)

The Salvation Army 406

(Fares wrholly or partially advanced.)

The Church Army 1,595

(Of the above, 1,519 received financial assistance from the Church Army funds.)

The Church Emigration Society 663

The Central Unemployed Body 2,842

(The above figures do not include 2,573 persons sent out by the East End Emigration Fund.) The Central Emigration Board 228

116 The Immigration Commission.

ciations, and have been given to understand by these officials that the local government board would look with great favor upon any regulations formulated by the department tending to insure that all charitable and philanthropic societies, either using public money or working from funds provided by public generosity, shall provide the same strict investigation into the antecedents, both moral and physical, of the persons proposed to be emigrated in like manner with the regulations adopted with reference to persons emigrated from the workhouses of England.

Your obedient servant,

J. BRUCE WALKER,

Assistant Superintendent of Emigration. W. D. SCOTT, Esq.,

Superintendent of Immigration, Ottawa.

APPENDIX F. THE CANADIAN IMMIGRATION LAW OF MAY 4, 1910.

As stated elsewhere, after the presentation to Congress of the Commission's report on the immigration situation in Canada and while it was still in the hands of the printer, the government immigration bill, with some amendments of minor importance, was enacted into law. The new law became effective on May 4, 1910, and, with the various orders in council promulgated under it, was published on May 16.°

While the new law makes no very radical changes in the Canadian system of promoting and controlling immigration, such changes as have been made are, as elsewhere stated, the result of long experience on the part of expert officials, and as such are entitled to consideration not only by students of the Canadian system, but by everyone interested in immigration and immigra- tion law. Because of this the law is published in full as a part of this report.

AN ACT Respecting Immigration. [Assented to 4th May, 1910.]

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :

SHOET TITLE.

1. This Act may be cited as The Immigration Act. Short title.

INTERPRETATION.

2. In this Act, and in all orders in council, proclamations and Definitions, regulations made thereunder, unless the context otherwise

requires,

(a) "Minister" means the Minister of the Interior; " Minister."

(6) "officer" means any person appointed under this Act, "Officer." for any of the purposes of this Act, and any officer of customs; and includes the Superintendent of Immigration, immigration commissioners and inspectors and every person recognized by the Minister as an immigration agent or officer with reference to any- thing done or to be done under this Act, whether within or out- side of Canada, and whether with or without formal appoint- ment; •

(c) "immigration officer in charge" or "officer in charge" "Officer in means the immigration officer, or medical officer, or other person charge."

in immediate charge or control at a port of entry for the purposes of this Act;

(d) "domicile" means the place in which a person has his "Domicile." present home, or in which he resides, or to which he returns as

his place of present permanent abode, and not for a mere special

or temporary purpose. Canadian domicile is acquired for the How Cana-

purposes of this Act by a person having his domicile for at least dian domicile

three years in Canada after having been landed therein within acqun

the meaning of this Act: Provided that the time spent by a per- Proviso.

son in any penitentiary, gaol, reformatory, prison or asylum for

the insane in Canada shall not be counted in the three-year

period of residence in Canada which is necessary in order to

«The Law and Regulations of Canada respecting Immigration and Immi- grants. Issued by the Superintendent of Immigration, Ottawa, May 16, 1910.

117

118 The Immigration Commission.

How Cana- acquire Canadian domicile. Canadian domicile is lost, for the losf purposes of this Act, by a person voluntarily residing out of

Canada, not for a mere special or temporary purpose, but with the present intention of making his permanent home out of Canada unless and until something which is unexpected, or the happening of which is uncertain, shall occur to induce him to return to Canada.

"Alien." (e) "alien" means a person who is not a British subject;

"Canadian (y=) « Canadian citizen " means

i. a person born in Canada who has not become an alien ; ii. a British subject who has Canadian domicile; or, iii. a person naturalized under the laws of Canada who has not subsequently become an alien or lost Canadian domicile.

Proviso. Provided that for the purpose of this Act a woman who has

not been landed in Canada shall not be held to have acquired Canadian citizenship by virtue of her husband being a Canadian citizen ; neither shall a child who has not been landed in Canada be held to have acquired Canadian citizenship through its father or mother being a Canadian citizen ;

"Immigrant." (g) "immigrant" means a person who enters Canada with the intention of acquiring Canadian domicile, and for the purposes of this act every person entering Canada shall be presumed to be an immigrant unless belonging to one of the following classes of

" Non - immi- persons, hereinafter called "non-immigrant classes":— S1CDan ad8?a'n *• Canadian citizens; and persons who have Canadian domicile, citizens. ii. Diplomatic and consular officers, and all accredited repre-

Domiciled sentatives and officials of British or foreign governments, their reDipfo<matic suites» families and guests, coming to Canada to reside or to discharge any official duty or to pass through in transit.

Military. iii. Officers and men, with their wives and families, belonging

to or connected with His Majesty's regular naval and military forces.

Tourist. iv. Tourists and travellers merely passing through Canada to

another country.

Students. v. Students entering Canada for the purpose of attendance, and while in actual attendance, at any university or college au- thorized by statute or charter to confer degrees; or at any high school or collegiate institute recognized as such for the purpose of this Act by the Minister.

Professional, vi. Members of dramatic, musical, artistic, athletic or spec- tacular organizations entering Canada temporarily for the pur- pose of giving public performances or exhibitions of an entertain- ing or instructive nature; and actors, artists, lecturers, musi- cians, priests and ministers of religion, professors of colleges or other educational institutions, and commercial travellers, en- tering Canada for the temporary exercise of their respective callings.

Holders of vii. Holders of a permit to enter Canada, in force for the time Canada ** being, in form A of schedule one to this Act, signed by the Minis- Proviso, ter or by some person duly authorized: Provided that whenever in the opinion of the Minister or Superintendent of Immigration or Board of Inquiry or officer acting as such, any person has been improperly included in any of the non-immigrant classes, or has ceased to belong to any of such classes, such person shall there- upon be considered an immigrant within the meaning of this Act and subject to all the provisions of this Act respecting immigrants seeking to enter Canada.

"Family." (h) "family" includes father and mother, and children under eighteen years of age ;

"Head of (i) "head of family" means the father, mother, son, daughter, brother or sister upon whom the other members of the family ^ are mainly dependent for support ;

"Passenger." (j) "passenger" means a person lawfully on board any ship, vessel, railway train, vehicle or other contrivance for travel, or transport, and also includes any person riding, walking or other- wise travelling across any international bridge or highway; but

The Immigration Situation in Canada.

119

shall not be held to include the master or other person in control or command of such vessel, ship, railway train, vehicle, bridge, highway or other contrivance for travel or transport, or any mem- ber of the crew or staff thereof; or military or naval forces and their families who are carried at the expense of the Government or the United Kingdom, or the Government of any British Domin- ion or Colony : Provided that any member of the crew of a ship or of the staff of a railway train or other contrivance for travel or transport who deserts or is discharged in Canada from his ship or railway train or other contrivance for travel or transport shall thereupon be considered a passenger within the meaning of this Act;

(fc) "stowaway" means a person who goes to sea secreted in a ship without the consent of the master or other person in charge of the ship, or of a person entitled to give such consent ; or a person who travels on any railway train or other vehicle without the consent of the conductor or other person authorized to give such consent ;

(I) "ship" or "vessel" includes every boat and craft of any kind whatsoever for travel or transport other than by land ;

(m) "master" means any person in command of a ship or vessel ;

(•n) " owner " as applied to a ship or vessel includes the char- terers of such ship or vessel and the agent of the owner or charterer thereof;

(o) "port of entry" means any port, railway station or place in Canada at which there is an officer and where inspection of immigrants may be carried on ;

(p) "land," "landed" or "landing," as applied to passengers or immigrants, means their lawful admission into Canada by an officer under this Act, otherwise than for inspection or treatment or other temporary purpose provided for by this Act ;

(q) "rejected," as applied to an immigrant or other person seeking to enter Canada, means that such immigrant or other person has been examined by a Board of Inquiry or officer acting as such and has been refused permission to land in Canada ;

(r) "deportation" means the removal under authority of this Act of any rejected immigrant or other person, or of any immi- grant or other person who has already been landed in Canada, or who has entered or who remains in Canada contrary to any pro- vision of this Act, from any place in Canada at which such immi- grant or other person is rejected or detained to the place whence he came to Canada, or to the country of his birth or citizenship ;

(s) " immigrant station " means any place at which immigrants or passengers are examined, inspected, treated or detained by an officer for any purpose under this Act, and includes hospitals maintained for the purposes of this Act ;

(t) "transportation company" means and includes any cor- porate body or organized firm or person carrying or providing for the transit of passengers, whether by ship, railway, bridge, highway or otherwise, and any two or more such transportation companies co-operating in the business of carrying passengers ;

(w) "Immigration Act" or "Act" shall be held to include all orders in council, proclamations, and regulations made hereunder.

Proviso.

"Stowaway."

"Ship." "Master." " Owner."

"Port of en- try-"

Landed.

"Rejected."

"Deporta-

" Immigrant station."

" Transporta- tion company."

PROHIBITED CLASSES.

3. No immigrant, passenger, or other person, unless he is a Prohibited Canadian citizen, or has Canadian domicile,, shall be permitted to classes of im- land in Canada, or in case of having landed in or entered Canada migrai shall be permitted to remain therein, who belongs to any of the following classes, hereinafter called " prohibited classes " :

( a ) Idiots, imbeciles, feeble-minded persons, epileptics, insane Persons men- persons, and persons who have been insane within five years tally defective. previous.

79520°— VOL 40—11 - 9

120 The Immigration Commission.

Diseased per- (&) Persons afflicted with any loathsome disease, or with a

>ns* disease which is contagious or infectious, or which may become

dangerous to the public health, whether such persons intend to settle in Canada or only to pass through Canada in transit to some other country : Provided that if such disease is one which is curable within a reasonably short time, such persons may, sub- ject to the regulations in that behalf, if any, be permitted to remain on board ship if hospital facilities do not exist on shore, or to leave ship for medical treatment.

Persons phys- (c) Immigrants who are dumb, blind, or otherwise physically Icaliy defective, defective, unless in the opinion of a Board of Inquiry or officer acting as such they have sufficient money, or have such profes- sion, occupation, trade, employment or other legitimate mode of earning a living that they are not liable to become a public charge or unless they belong to a family accompanying them or already in Canada and which gives security satisfactory to the Minister against such immigrants becoming a public charge.

Criminals. (^) Persons who have been convicted of any crime involving moral turpitude.

Prostitutes (#) Prostitutes and women and girls coming to Canada for and pimps. any immoral purpose and pimps or persons living on the avails of prostitution.

Procurers. (/) Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of prostitution or other immoral purpose.

Beggars and (ff) Professional beggars or vagrants, or persons likely to be- vagrants. come a public charge.

Charity im- (h) Immigrants to whom money has been given or loaned by migrants. any charitable organization for the purpose of enabling them to qualify for landing in Canada under this Act, or whose passage to Canada has been paid wholly or in part by any charitable organization, or out of public moneys, unless it is shown that the authority in writing of the Superintendent of Immigration, or in case of persons coming from Europe, the authority in writing of the assistant Superintendent of Immigration for Canada, in Lon- don, has been obtained for the landing in Canada of such per- sons, and that such authority has been acted upon within a period of sixty days thereafter.

Persons not (i) Persons who do not fulfil, meet or comply with the condi- complying with tions and requirements of any regulations which for the time >n ' being are in force and applicable to such persons under sections 37 or 38 of this Act.

Permit to en- 4. The Minister may issue a written permit authorizing any ter Canada. person to enter Canada without being subject to the provisions of this Act. Such permit shall be in the form A of the schedule to this Act, and shall be expressed to be in force for a specified period only, but it may at any time be extended or cancelled by the Minister in writing. Such extension or cancellation shall be in the form AA of the schedule to this Act.

APPOINTMENT, POWERS AND DUTIES OF OFFICERS.

Officers ap- 5. The Governor in Council may appoint a superintendent of ernorin Coun- immigration, commissioners of immigration, and such other offi- cii. cers as are deemed necessary for carrying out the provisions of

this Act.

Immigration 2. The Governor in Council may establish and maintain immi- gration offices at such places within and outside of Canada as from time to time seems proper.

Officers ap- 6. Subject to any regulations in that behalf, the Minister may ?sterted by Min aPP°int or employ, either permanently or temporarily, any subor- dinate officers, not otherwise provided for, required in furtherance of the provisions and objects of this Act, including medical officers, inspectors, guards, matrons and nurses at immigrant stations, and may confer upon them, and charge them with, such power and duties as he considers necessary or expedient.

The Immigration Situation in Canada. 121

7. Subject to any regulation in that behalf, all officers appointed Assistance in or having authority under this Act may, in emergency, employ gg^L of emei>- such temporary assistance as is required for carrying out any

duty devolving upon them under this Act, but no such employment shall continue for a period of more than forty-eight hours without the sanction of the Minister.

8. When at a port of entry there is no immigration officer avail- immigrat i o n able for duty under this Act, the chief customs officer at that port agent ex-°fflcio- or any subordinate customs officer designated by him shall be,

ex-officio, an immigration officer.

9. Every officer appointed under this Act shall perform all Duties of of- duties prescribed for him by this Act, or by any order in council, proclamation or regulation made thereunder, and shall also per- form such duties as are required of him by the Minister, either

directly or through any other officer ; and no action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorized merely because it was not taken by the officer specially appointed or detailed for the purpose.

10. Every officer appointed under this Act shall have the author- Authority as ity and power of a special constable to enforce any of the provi- Stable.1 & sions of this Act relating to the arrest, detention or deportation of immigrants, aliens or other persons.

11. All constables and other peace officers in Canada, whether Duties of po- appointed under Dominion, provincial, or municipal authority, orders o?efiln* shall, when so directed by the Minister or by any officer under this ister.

Act, receive and execute according to the tenor thereof any written order of the Minister, or of the Minister of Justice, or of a Board of Inquiry or officer acting as such, and any warrant of the Superintendent of Immigration, for the arrest, detention or deportaton of any immigrant, alien or other person in accordance with the provisions of this Act.

12. For the preservation of the peace, and in order that arrests Right of local may be made for offences against the laws of Canada, or of any

province or municipality thereof, wherein the various immigrant tions. stations are located, the officers in charge of such immigrant sta- tions, as occasion may require, shall admit therein any constables or other peace officers charged with the enforcement of such laws ; and for the purposes of this section the authority of such officers and the jurisdiction of the local courts shall extend over such immigrant stations.

APPOINTMENT, POWERS AND PROCEDURE OF BOARDS OF INQUIRY.

13. The Minister may appoint three or more officers, of whom Appointment the immigration officer in charge shall be one, at any port of entry, of boards of to act as a permanent Board of Inquiry for the summary deter- in(luiry- mination of all cases of immigrants or passengers seeking to enter

Canada or detained for any cause under this Act.

14. Such Boards of Inquiry shall have authority to determine Authority of whether an immigrant, passenger or other person seeking to enter boards. Canada or detained for any cause under this Act, shall be allowed

to enter or remain in Canada, or shall be rejected and deported.

15. The hearing of all cases brought before such Board of Hearing of Inquiry shall be separate and apart from the public, but in the cases ^ board, presence of the immigrant, passenger or other person concerned whenever practicable, and such immigrant, passenger or other per- son shall have the right to be represented by counsel whenever any

evidence or testimony touching the case is received by the Board, and a summary record of proceedings and of evidence and testi- mony taken shall be kept by the Board.

2. The Board, and any member thereof, may, at discretion, ad- Taking of evi- minister oaths and take evidence under oath or by affirmation dence- in any form which they deem binding upon the person being examined.

16. In all such cases, such Board of Inquiry may at the hearing, AH evidence receive and base its decision upon any evidence, considered credible to be received-

122 The Immigration Commission.

or trustworthy by such Hoard in the circumstances of each case; and in all cases where the question of the right to enter Canada under this Act is raised the burden of proof shall rest upon the immigrant, passenger or other person claiming such right. Decision of 17. The Board of Inquiry shall appoint its own chairman and prevail. secretary to keep the record of its proceedings, and in all cases

and questions before it the decision, which decision shall be in writing, of a majority of the Board shall prevail.

Cases where 13. There shall be no appeal from the decision of such Board of "rwedPPef r c^m Inquiry as to the rejection and deportation of immigrants, pas- board, sengers or other persons seeking to land in Canada, when such decision is based upon a certificate of the examining medical offi- cer to the effect that such immigrants, passengers or other persons are afflicted with any loathsome disease, or with a disease which may become dangerous to the public health, or that they come within any of the following prohibited classes, namely, idiots, imbeciles, feeble-minded persons, epileptics and insane persons : Proviso as to Provided always that Canadian citizens and persons who have Canadian citi- Canadian domicile shall be permitted to land in Canada as a

matter of right.

Cases where 19. In all cases other than provided for in the next preceding f?omabo1irdWed section an appeal may be taken to the Minister against the de- cision of any such Board of Inquiry or officer in charge by the immigrant, passenger or other person concerned in the case, if the appellant forthwith serves written notice of such appeal, (which notice may be in form C in the schedule to this Act), upon the officer in charge, or the officer in whose custody the appellant may be, and shall at the same time deposit with such officer the sum of twenty dollars for himself and ten dollars for each child or other person dependent upon such appellant and detained with him, such sum to be used for the purpose of defraying the cost of maintaining the appellant and those dependent upon him, pend- ing the decision of the Minister on such appeal. In case of the appeal being allowed by the Minister or by the Board of In- security for quiry on a re-hearing, then the said sum shall be returned to the cost of mainte- appellant ; and in case of the appeal being disallowed by the Min- ister or by the Board of Inquiry on a re-hearing, then the balance of such sum, if any, after deduction of regular detention charges for board, shall be returned to the appellant ; and the appellant shall forthwith be deported.

Notice of ap- 20. Notice of appeal and deposit of the said sum shall act as a

peal> stay of all proceedings until a final decision is rendered by the

Minister, and within forty-eight hours after the filing of the said

notice and deposit of the said sum a summary record of the case

Stay of pro- shall be forwarded by the immigration officer in charge to the

ceedings. Superintendent of Immigration, accompanied by his views thereon

in writing.

Appellant in 21. Pending the decision of the Minister, the appellant and those in! decision^ dependent upon him shall be kept in custody at an immigrant Minister. station, unless released under bond as provided for in section 33

of this Act.

of^boerdP°toei>S 22' When there is no Board of Inquiry at a port of entry, or at

exercised by of- «i neighbouring port to which a person detained under this Act

fleer in charge, could conveniently be conveyed, or to which a case for decision

could conveniently be referred, then the officer in charge shall

exercise the powers and discharge the duties of a Board of

Inquiry and shall follow as nearly as may be the procedure of

such Board as regards hearing and appeal and all other matters

over which it has jurisdiction.

Jurisdiction 23. No court, and no judge or officer thereof, shall have jurisdic-

cases^f^re'ecJ^011 to review» Quash, reverse, restrain or otherwise interfere

tlon and de- with any proceeding, decision or order of the Minister or of any

portation re- Board of Inquiry, or officer in charge, had, made or given under

the authority and in accordance with the provisions of this Act

relating to the detention or deportation of any rejected immigrant,

passenger or other person, upon any ground whatsoever, unless

such person is a Canadian citizen or has Canadian domicile.

The Immigration Situation in Canada. 123

24. The Governor in Council may make such further regulations Further regu- governing the procedure of Boards of Inquiry and appeal there-

from as are deemed necessary

SPECIAL PROVISION AS TO PASSENGERS BY VESSEL.

25. It shall be the duty of every transportation company bring- Passengers ing passengers or other persons to Canada by vessel to prevent10, be landed such passengers or other persons leaving such vessel in Canada at designated a°by any time or place other than as designated by the immigration o f f i c e r in officer in charge, and the failure of any such company to comply charge.

with such duty shall be an offence against this Act and shall be punished by a fine of not more than five hundred dollars and not Penalty, less than twenty dollars, in respect of each such passenger or person and every passenger or other person so landed may be arrested and detained for examination as contemplated under section 33 of this Act.

26. The master shall furnish to the immigration officer in charge Bill of health, at the port of entry a bill of health, certified by the medical officer

of the vessel, such bill of health being in the form and containing such information as is required from time to time under this Act.

27. Before any passengers are permitted to leave a vessel in Officer may. Canada the immigration officer in charge, or any officer directed |Jip on

by him, may go on board and inspect such vessel, and examine and take extracts from the manifest of passengers, and from the bill of health.

2. The master shall permit any examination of passengers re- Master to quired under this Act to be made on board his vessel whenever SatSn oT*pSs- so directed by the immigration officer in charge. sengers on

28. Medical officers appointed under this Act shall make a physi- board shiP- cal and mental examination of all immigrants and passengers Medical ex- seeking to land in Canada from any ship or vessel, except in the amination of case of Canadian citizens and persons who have Canadian domi- p

cile. Such examination shall be made in accordance with and subject to regulations prescribed by the Superintendent of Immi- gration under the direction or with the approval of the Minister.

29. The immigration officer in charge, after satisfying himself When per- that the requirements of this Act, and of any order in council, mi881™ to land proclamation or regulation made thereunder, have been carried be granted, out, shall grant written permission to the master of the vessel

to allow the passengers to leave the vessel.

SPECIAL PROVISION AS TO PASSENGERS BY LAND.

30. Every transportation company carrying passengers in Can- Liability of ada by land shall, for the purposes of this Act, be considered as operating8 one with any transportation company with which it co-operates

or makes or affords connection whether in Canada or not and whether under the same management or not, and shall be liable for any offence against this Act by any company with which it so co-operates or makes or affords connection.

31. Regulations made by the Governor in Council under this Act Obligations of may provide that the obligations of transportation companies companies bringing immigrants and passengers into Canada by land shall bringing pas- be similar to those imposed by this Act on masters and owners of sengers by land, vessels bringing immigrants and passengers to Canada, including

the furnishing of names and descriptions of such immigrants and passengers.

2. Such regulations may also provide that officers under this trains Act shall have the power to hold and detain railway trains, cars and other vehicles entering Canada until examination of immi- grants and passengers has been made as required by this Act; and may provide penalties for non-compliance with such regula- tions by transportation companies, or any official or employee thereof.

124 The Immigration Commission.

Obligations of 3. Such regulations may also impose a duty upon transportation coImPp01ani1escomPanies to Provide, equip and maintain suitable buildings for to provide de- the examination and detention of passengers for any purpose tention build- under this Act at such ports of entry or border stations as may be designated by the Minister ; and may provide penalties for non- compliance by transportation companies with such regulations : Proviso. Provided that no transportation company shall be made liable for the safe-keeping of any person who is in custody of an officer for any cause under this Act, unless such person is on a vessel, rail- way train or other vehicle belonging to or operated or controlled by such company.

f <nr*ejEAmii!a" 32' SubJect to any regulations made under the preceding section, tion of passen- the Superintendent of Immigration, under the direction or with gers along the the approval of the Minister, shall prescribe regulations for the entry, inspection and medical examination of immigrants and pas- sengers along the border of Canada so as not to unnecessarily delay, impede or annoy passengers in ordinary travel.

LANDING OF PASSENGERS.

Landing of 33. Every passenger or other person seeking to land in Canada 'rs- shall first appear before an immigration officer, and shall be forth- with examined as required under this Act, either on shipboard or on train or at some other place designated for that purpose. Answers to 2. Every passenger or other person seeking to land in Canada

questions. shall answer truly all questions put to him by any officer when

examined under the authority of this Act.

Doubtful 3. Every passenger or other person so examined shall be imme- diately landed unless the examining officer has reason to believe that the landing of such passenger or other person would be con- trary to any provision of this Act. Examination 4, Every passenger or other person, as to whose right to land

cases tne examining officer has any doubt, shall be detained for further

examination by the officer is charge, or by the Board of Inquiry, and such examination shall be forthwith conducted separate and apart from the public, and upon the conclusion thereof such pas- senger or other person shall be either immediately landed or shall be rejected and kept in custody pending his deportation.

Deportation. 5. An order for deportation by a Board of Inquiry or officer in charge may be made in the form B in the schedule to this Act, and a copy of the said order shall forthwith be delivered to such passenger or other person, and a copy of the said order shall at the same time be served upon the master or owner of the ship or upon the local agent or other official of the transportation com- pany by which such person was brought to Canada ; and such per- son shall thereupon be deported by such company subect to any appeal which may have been entered on his behalf under section 10 of this Act. Duty to re- 6. Every person who enters Canada except at a port of entry

port entry. shall forthwith report such entry to the nearest immigration officer and present himself for examination as provided by this section. Avoiding port 7. Any person who enters Canada except at a port of* entry,

of entry. or wjlo at a por^ of entry eludes examination by an officer or

Board of Inquiry, or wrho enters Canada by force or misrepresen- tation or stealth or otherwise contrary to any provision of this Act, or who escapes from the custody of an officer or from an immigrant station when detained for any cause under this Act, shall be guilty of an offence under this Act, and liable on convic- tion to a fine of not more than one hundred dollars, and may be arrested and detained without a warrant by any officer for ex- amination as provided under this section ; and if found not to be a Canadian citizen, or not to have Canadian domicile, such entry shall in itself be sufficient cause for deportation whenever so ordered by a Board of Inquiry or officer in charge subject to any appeal which may have been entered under section 19 of this Act.

The Immigration Situation in Canada. 125

S. Any transportation company or person knowingly and wil- Penalty for fully landing, or assisting to land or attempting to land in Canada, ^ any prohibited immigrant or person whose entry into Canada has been forbidden under this Act, shall be guilty of an offence and shall be liable on conviction, to a fine of not more than five hun- dred dollars and not less than fifty dollars for each prohibited immigrant or other person so landed in Canada, or whose landing in Canada was so attempted.

9. Any transportation company or person interfering with or Interference resisting an immigration officer in the performance of his duty wit^ officer in under this Act, or knowingly and wilfully assisting in the escape ditty*™1

of any person detained by an officer, or at an immigrant station, for any purpose under this Act, or giving false information to an officer, whereby such officer is induced to land or permit the land- ing of any person in Canada who otherwise would be refused landing for any cause under this Act or would be detained for examination, shall be guilty of an offence, and shall be liable to a fine of not more than five hundred dollars' and not less than twenty dollars for each such offence.

10. Every person who enters Canada as a tourist or traveller Penalty for or other non-immigrant, but who ceases to be such and remains Ceases1 Sto Wbe in Canada, shall forthwith report such facts to the nearest immi- SUCh failing to gration officer and shall present himself before an officer for report, examination under this Act, and in default of so doing he shall be

liable to a fine of not more than one hundred dollars and shall also be liable to deportation by order of a Board of Inquiry or officer acting as such.

11. Pending the final disposition of the case of any person de- Release under tained or taken into custody for any cause under this Act he mav b ° n d ,or a.P" be released under a bond, which bond may be in the form Fpro

in the schedule to this Act, with security approved by the officer in charge, or may be released upon deposit of money with the officer in charge in lieu of a bond, and to an amount approved by such officer; upon condition that such person shall appear before a Board of Inquiry or officer acting as such at any port of entry named by the officer in charge, and at such time as shall be named, for examination in regard to the cause or complaint on account of which he has been detained or taken into custody.

12. If such person fail to appear for examination at such time Failure to and place named, or shall fail to keep and observe every other appear for ex- condition under which he is so released, then such bond shall be ammat on- enforced and collected, and the proceeds thereof, or the money

deposited in lieu of a bond, as the case may have been, shall be paid into the hands of the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada ; and such per- son may be taken into custody forthwith and deported by order of a Board of Inquiry or officer acting as such.

MEDICAL TREATMENT OF SICK AND DISABLED PASSENGERS.

34. A passenger or other person seeking to enter Canada or who Medical has been rejected or is detained for any purpose under this Act, treatment, who is suffering from sickness or physical or mental disability, may whenever it is so directed by the Superintendent of Immi- gration or officer in charge be afforded medical treatment 011 board ship or in an immigrant station, or may be removed to a suitable hospital for treatment, according as the officer in charge decides is required by existing circumstances and the condition of the person's health as reported upon by the examining medical officer.

2. If, in the opinion of the Superintendent of Immigration, or When trans- of the officer in charge, the transportation company which brought S^tSes*0 n a Me such person to Canada failed to exercise proper vigilance or care for cost of in so doing, then the cost of his hospital treatment and medical medical treat- attention and maintenance shall be paid by such transportation ment- company, and otherwise the cost thereof shall be collected from

126 The Immigration Commission.

such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior.

Cost of at- 3. The Superintendent of Immigration, or officer in charge, pendent. O1 may> whenever it is considered necessary or advisable for the proper care of such persons, direct that a suitable attendant, or someone upon whom such person is dependent, or someone who is dependent upon such person, as the case may be, shall be kept with such person during his medical treatment on board ship or at an immigrant station or hospital, or in case of deportation from any place within Canada shall accompany such person to his port of embarkation from Canada ; and the cost thereof shall be paid by the said transportation company whenever in the opinion of the Superintendent of Immigration it has failed to exercise proper vigilance or care as aforesaid, and otherwise the cost thereof shall be collected from such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior.

Hospital 35. A passenger or other person permitted to enter Canada for to^stitpte medical treatment under this Act shall not be regarded as landed landing. within the meaning of this Act.

Regulations 36. The Superintendent of Immigration, under the direction or for entry of with the approval of the Minister, shall prescribe regulations ^oSnsSfor treat- whereby sick and diseased persons may enter Canada for treat- ment at Cana- ment and care at any health resort, hospital, sanitarium, asylum dian sanitari- or other place or institution for the cure or care of such persons, urns.

REGULATIONS AS TO MONETARY AND OTHER REQUIREMENTS FROM SPECIFIED CLASSES OF IMMIGRANTS.

Immigrants 37. Regulations made by the Governor in Council under this Act qufred to pos- may provide as a condition to permission to land in Canada that sess prescribed immigrants and tourists shall possess in their own right money to amount ofa prescribed minimum amount, which amount may vary according to the race, occupation or destination of such immigrant or tourist, and otherwise according to the circumstances ; and may also pro- vide that all persons coming to Canada directly or indirectly from countries which issue passports or penal certificates to persons leaving such countries shall produce such passports or penal cer- tificates on demand of the immigration officer in charge before being allowed to land in Canada.

38. The Governor in Council may, by proclamation or order whenever he deems it necessary or expedient,

Prohibition (a) prohibit the landing in Canada or at any specified port of not^omSg to611*1^ in Canada of any immigrant who has come to Canada other- Canada by con- wise than by continuous journey from the country of which he is tinuous jour- a native or naturalized citizen, and upon a through ticket pur- chased in that country, or prepaid in Canada ;

Prohibition (&) prohibit the landing in Canada of passengers brought to p a ssengger°s Canada by any transportation company which refuses or neglects brought by to comply with the provisions of this Act ;

companies neg- (c) prohibit for a stated period, or permanently, the landing in ply with Cp«£ Canada, or the landing at any specified port of entry in Canada, of visions of this immigrants belonging to any race deemed unsuited to the climate Act. or requirements of Canada, or of immigrants of any specified class,

of ^sp^if led occupation or character, classes of immigrants, and closing of specified ports.

Duty of com- 39. When any immigrant or other person is rejected or ordered convey rejected be deported from Canada, and such person has not come to immigrants t o Canada by continuous journey from the country of which he is a country of birth native or naturalized citizen, but has come indirectly through or citizenship. anotner country, which refuses to allow such person to return or be returned to it, then the transportation company bringing such person to such other country shall deport such person from Can- ada to the country of which he is a native or naturalized citizen whenever so directed by the Minister or Superintendent of Immi- gration and at the cost of such transportation company, and in

The Immigration Situation in Canada. 127

case of neglect or refusal so to do, such transportation company

shall be guilty of an offence against this Act, and shall be liable

to a fine of not more than five hundred dollars and not less than Penalty.

twenty dollars for each such offence.

DEPORTATION OF PROHIBITED AND UNDESIRABLE CLASSES.

40. Whenever any person, other than a Canadian citizen, within Duty of o*- three years after landing in Canada has been convicted of a crim- complaint S6t o inal offence in Canada, or has become a prostitute or an inmate Minister re- of a house of ill-fame, or by common repute has become a procurer warding unde- or pimp or person living on the avails of prostitution, or has be- s

come a professional beggar or a public charge, or an inmate of a penitentiary, gaol, reformatory, prison, hospital, insane asylum or public charitable institution, or enters or remains in Canada contrary to any provision of this Act, it shall be the duty of any officer cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars.

41. Whenever any person other than a Canadian citizen advo- Duty of of- cates in Canada the overthrow by force or violence of the govern- complaint S6?o ment of Great Britain or Canada, or other British dominion, Minister Con- colony, possession or dependency, or the overthrow by force orcerning certain violence of constituted law and authority, or the assassination of

any official of the Government of Great Britain or Canada or other British dominion, colony, possession or dependency, or of any foreign government, or shall by word or act create or attempt to create riot or public disorder in Canada, or shall by common repute belong to or be suspected of belonging to any secret society or organization which extorts money from, or in any way attempts to control, any resident of Canada by force or threat of bodily harm, or by blackmail ; such person for the purposes of this Act shall be considered and classed as an undesirable immigrant, and it shall be the duty of any officer becoming cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such, person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars.

42. Upon receiving a complaint from any officer, or from any investigation clerk or secretary or other official of a municipality, whether directly ° f complaints or through the Superintendent of Immigration, against any person desirable class- alleged to belong to any prohibited or undesirable class, the Minis- es.

ter may order such person to be taken into custody. and detained at an immigrant station for examination and an investigation of the facts alleged in the said complaint to be made by a Board of Inquiry or by an officer acting as such. Such Board of Inquiry or officer shall have the same powers and privileges, and shall follow the same procedure, as if the person against whom com- plaint is made were being examined before landing as provided in section 33 of this Act ; and similarly the person against whom complaint is made shall have the same right and privileges as he would have if seeking to land in Canada.

2. If upon investigation of the facts such Board of Inquiry or. Deportation examining officer is satisfied that such person belongs to any of in such cases- the prohibited or undesirable classes mentioned in sections 40

and 41 of this Act, such person shall be deported forthwith, as provided for in section 33 of this Act, subject, however, to such right of appeal as he may have to the Minister.

3. The Governor in Council may, at any time, order any such Orderto person found by a Board of Inquiry or examining officer to belong leave '

to any of the undesirable classes referred to in section 41 of this Act to leave Canada within a specified period. Such order may be in the form D in the schedule to this Act, and shall be in force as soon as it is served upon such person, or is left for him by any officer at the last known place of abode or address of such person.

128 The Immigration Commission.

Penalty for 4. Any person rejected or deported under this Act who enters ported person or remains in or returns to Canada after such rejection or deporta- remaining intion without a permit under this Act or other lawful excuse, or o r re-entering who refuses or neglects to leave Canada when ordered so to do by the Governor in Council as provided for in this section, shall be guilty of an offence against this Act, and may forthwith be ar- rested by any officer and be deported on an order from the Min- ister or the Superintendent of Immigration, or may be prosecuted for such offence, and shall be liable, on conviction, to two years imprisonment, and immediately after expiry of any sentence im- posed for such offence, may be again deported or ordered to leave Canada under this section

Deportation 5. in any case where deportation of the head of a family is or nei ^ ordered, all dependent members of the family may be deported

at the same time. And in any case where deportation of a de- pendent member of a family is ordered on account of having be- come a public charge, and in the opinion of the Minister such Deportation circumstance is due to wilful neglect or non-support by the head of dependent or other members of the family morally bound to support such menu n- dependent members, then all members of the family may be de-

ported at the same time. Such deportation shall be at the cost of the persons so deported; and if that be not possible then the cost of such deportation shall be paid by the Department of the Interior.

Detention of 43. When any person has, within three years of landing in Can- erstafor Pdepor- ada' become an inmate of a penitentiary, gaol, reformatory or tation. prison, the Minister of Justice may, upon the request of the Min-

ister of the Interior, issue an order to the warden or governor of such penitentiary, gaol, reformatory or prison, which order may be in the form E in the schedule to this Act, commanding him utter the sentence or term of imprisonment of such person has expired to detain such person for, and deliver him to, the officer named in the warrant issued by the Superintendent of Immigra- tion, which warrant may be in the form EE in the schedule to this Act, with a view to the deportation of such person.

Order of 2. Such order of the Minister of Justice shall be sufficient au- J^us t i c e rand thorny to tne warden or governor of the penitentiary, gaol, re- warrant of formatory or prison, as the case may be, to detain and deliver superintendent such person to the officer named in the warrant of the Superin- >f immigration. tendent of jmmigration as aforesaid, and such warden or governor shall obey such order, and such warrant of the Superintendent of Immigration shall be sufficient authority to the officer named therein to detain such person in his custody, or in custody at any immigrant station, until such person is delivered to the authorized agent of the transportation company which brought such person into Canada, with a view to deportation as herein provided.

OBLIGATIONS OF TRANSPORTATION COMPANIES IN CASES GF REJECTION AND DEPORTATION.

Return of re- 44. Every immigrant, passenger, stowaway or other person jected i m m i - brought to Canada by a transportation company and rejected by the Board of Inquiry or officer in charge, shall, if practicable, be sent back to the place whence he came, on the vessel, railway train or other vehicle by which he was brought to Canada. The cost of his maintenance, while being detained at any immigrant station after having been rejected, as well as the cost of his return, shall be paid by such transportation company.

2. If any such transportation company

Refusal to (a) refuses to receive any such person back on board of such board * V ° ° " vessel» railway train or other vehicle or on board of any other ves- sel, railway train or other vehicle owned or operated by the same transportation company, when so directed by the officer in charge; or,

Failure to (ft) fails to detain any such person thereon; or, Failure to W refuses or fails to return him to the place whence he came return. to Canada; or,

The Immigration Situation in Canada. 129

(d) refuses or fails to pay the cost of his maintenance while Failure to on land awaiting deportation ; or, tenant main"

(e) makes any charge against any such person for his main- Charging de- tenance while on land, or for his return to the port of embarka- ported person tion, or takes any security f rpm any such person for the payment n°arn<!£ a

of such charge;

such master, agent, owner or transportation company concerned

shall be guilty of an offence against this Act, and shall be liable to

a fine of not more than five hundred dollars and not less than fifty renalty.

dollars for each offence ; and no such vessel shall have clearance

from any port of Canada until such fine is paid.

45. Every person ordered to be deported under this Act who has Deportation been brought to Canada by ship, shall be reconveyed free of p^. J0ns S vvho charge, by the railway company or companies which brought him have been land- to the place in Canada where he is being detained for deportation, ed in Canada, to the ocean port where he was landed, or the nearest available

winter ocean port, as may be directed by the Board of Inquiry, and thence he shall be conveyed free of charge by the transpor- tation company which brought him to Canada to the place in the country whence he was brought or to the country of his birth or citizenship, and in such manner as to passage accommodation as may be directed by the officer in charge; and similarly every such person brought to Canada by a railway train or other ve- Deportation hide shall, subject to the regulations under sections 31 and 32 by train, of this Act, be reconveyed free of charge by the transportation company which carried him to the place in Canada where he is rejected or where he is being detained for deportation to the place in the country whence he was brought or to the country of his birth or citizenship.

46. Every transportation company, which refuses or neglects to Penalty on comply with the order of the Minister or Superintendent of Immi- cJJ^anv^ef gration or Board of Inquiry or officer acting as such to take on ing to return board, guard safely, and return to the country whence he came, person ordered or to the country of his birth or citizenship, any passenger or to be deP°rted- other person brought to Canada by such transportation company

and ordered to be deported under the provisions of this Act shall be liable to a fine of not more than five hundred dollars and not less than fifty dollars in each case.

47. The Superintendent of Immigration, under the direction or Regulations with the consent of the Minister, shall prescribe regulations f or f°era ^e^t &ol the proper detention and treatment on board ship or railway persons deport- train or other vehicle of all persons who have been ordered to be ed. deported under this Act, both while awaiting and during deporta- tion.

48. Every transportation company which, through the con- Penalty on nivance or negligence of any of its officials or employees, permits Smpany pe" the escape of any person delivered into the custody of such trans- mitting escape portation company by any officer for deportation under this Act °f P.6^80? 2r~ shall, on conviction, be punished by a fine of not more than five ported, hundred dollars and not less than fifty dollars for each offence.

2. In the event of such person escaping from the custody of a t-f1*11^ to- n,P" transportation company, it shall be the duty of the master of theti0J c/ffTc^r vessel, conductor of the train, dockmaster, special constable or when such per- other official or employee of the transportation company in whose son escapes, custody such person then was, to immediately report such escape to the nearest available immigration officer ; and it shall also be the duty of the said company forthwith to report such escape to the Superintendent of Immigration, and such report shall state when, and from whom, such person was received, and the time and mode of escape. Failure on the part of such master, con- ductor, or other official to so report to the nearest available im- migration officer shall render him liable to a penalty of not more than twenty dollars and not less than ten dollars for each offence, and failure on the part of the transportation company to so report to the Superintendent of Immigration shall render such company liable to a fine of not more than one hundred dollars and not less than twenty dollars for each offence.

130 The Immigration Commission.

OBLIGATIONS OF MASTERS OF VESSELS AND PILOTS.

Manifest to 49. The master of every vessel arriving at any port of entry in

be delivered by Canada shall forthwith after such arrival, and before any entry

migration offi- of sucl1 vessel is allowed, deliver to the immigration officer in

cer? charge a manifest in the form prescribed by the Superintendent

of Immigration, of all the passengers and stowaways on board

such vessel at the time of her departure from the port or place

whence she last cleared or sailed for Canada, or who were on

board such vessel at the time of her arrival in Canada, or at

any time during her voyage; and such manifest shall also state

the name and apparent age of all passengers on board of such

vessel on such voyage who are insane, idiotic, epileptic, dumb,

blind or infirm, or suffering from any disease or injury or physical

defect which may be cause for rejection under this Act, and

whether or not they are accompanied by relatives able to support

them.

Entry as to 2. Such manifest shall further state if any birth has taken

passengers who piace during the voyage, and shall state the name, age and last

or^have1 died Place of residence of any person who has died during the voyage,

during voyage, and shall specify the cause of death and whether such person

was accompanied by relatives or other persons who are entitled

to take charge of the moneys and effects left by such person and

the disposition made thereof.

Disposal of 3. If there were no such' relatives or other persons so en- property of de- titled the manifest shall fully designate the quantity and de- ceased passen- scription of the property, whether money or otherwise, left by such person; and the master of the vessel shall pay over to the immigration officer in charge at the port at which the vessel is entered, and fully account for, all moneys and effects belonging to Receipt for any person who has died on the voyage. The officer in charge property by im- shall thereupon give to the master a receipt for all moneys or migration offl- effects so placed in his hands by the master, which receipt shall contain a full description of the nature or amount thereof.

4. If the master of such vessel fails

Failure to de- (a) to deliver such manifest required by this section; or, •nver' artia?aor (&) wilfully or negligently fails to state therein all the par- false, manifest, ticulars of information required by this section ; or,

(c) wilfully or negligently makes any false statement in such manifest ;

he shall be guilty of an offence against this Act and shall be liable Penalty. to a fine not exceeding one hundred dollars and not less than twenty dollars for every person with regard to whom any such omission occurs or any such false statement is made.

Entry in 50. The master of any vessel sailing from a port outside of

manifest of ad- Canada who embarks passengers after the vessel has been cleared

gers.na n and examined by the proper officer at the port of departure, and

who does not report such additional passengers in the manifest

required to be delivered under this Act to the immigration officer

Penalty. in charge at the port of entry, shall be liable to a fine of not

more than one hundred dollars and not less than twenty dollars

for each passenger so embarked as aforesaid and not included in

one of the said manifests.

Manifest of 51. The master of every vessel embarking outbound passengers °enbersd PaS from any seaport of Canada shall, on the return voyage of such vessel to Canada, deliver to the immigration officer in charge a manifest in form prescribed by the regulations in that behalf giving the names of all such passengers on board such vessel, or booked to sail by such vessel, and stating in every case whether they are British subjects or aliens, and their sex, nationality, and port of destination.

Penalty. 2. If the master of any vessel refuses or omits to deliver such

manifest of outbound passengers he shall incur a penalty not ex- ceeding one hundred dollars and not less than twenty dollars for every passenger with regard to whom he has refused or wilfully neglected to give the required information, and clearance of such

The Immigration Situation in Canada. 131

vessel may be refused until such manifest has been delivered to the immigration officer in charge: Provided, however, that the Proviso, master of any vessel plying between seaports of Canada and ad- jacent or neighbouring seaports in Newfoundland or the United States may, by written permission of the Minister or Superin- tendent of Immigration given to such master or to the transpor- tation company of which he is an employee, be exempted from the" requirements of this section.

52. If the master of any vessel arriving at any port of entry in .Master per- Canada permits any passenger to leave the vessel before he has ^rs^to^Si delivered to the immigration officer in charge a correct manifest in before deliver- the form prescribed by the regulations in that behalf, and received ing manifest, permission from the officer in charge to allow the passengers to

land, he shall be liable to a fine of not more than one hundred dol- Penalty, lars and not less than twenty dollars for every passenger so leaving the vessel.

2. If the master of any vessel arriving at any port of entry in . Master fail- Canada fails to produce or satisfactorily account for every pas- ^ ™j passe°ngers. senger whose name appears on the manifest, when required so to

do by the immigration officer in charge of the port of entry to which such passenger is manifested, such master shall be liable to Penalty, a fine of not more than one hundred dollars and not less than twenty dollars in the case of each such passenger.

3. If the master of any vessel arriving at any port of entry in Master per- Canada permits any stowaway to leave the vessel without permis- ™aVintoStland sion of the immigration officer in charge, or through negligence without per- permits such stowaway to escape from the vessel before the immi- mission of offl- giation officer in charge has given permission for such stowaway cer in charse- to be landed, or after such stowaway has been ordered to be de- ported, or in the event of such escape fails to report it forthwith

to the immigration officer in charge, he shall be liable to a fine of Penalty, not more than one hundred dollars and not less than twenty dol- lars for every stowaway so leaving or escaping from the vessel.

4. If the master of any vessel arriving at any port of entry in Master dis- Canada shall pay off or discharge any member of the crew of such wi?hoivtSexariSu vessel without such member having first been examined by an nation, immigration officer, as required under section 33 of this act, he

shall be liable to a fine of not more than one hundred dollars and Penalty, not less than twenty dollars for every member of the crew so paid off or discharged.

5. If the master of any vessel arriving at any port of entry in Master fan- Canada fails to report to the immigration officer in charge every c°feg ^

case of desertion from the crew of such vessel occurring at such tion. port so soon as such desertion is discovered, or shall refuse or neglect to describe the deserter for purposes of identification whenever required by such officer he shall be liable to a fine of not Penalty, more than one hundred dollars and not less than twenty dollars in the case of each such deserter.

53. Nothing in this Act shall prevent the master of any vessel

from permitting any passenger to leave the vessel outside of Sel before Canada at the request of such passenger before the arrival of the rival at port of vessel at her final port of destination^ ; but in every such case the destination, name of the passenger so leaving shall be entered in the manifest of passengers made out at the time of the clearing of the vessel from the port of departure or at the port at which such passenger was embarked.

54. Every pilot who has had charge of any vessel having passen- PJ?8 10 n?n~ gers on board, and knows that any passenger or stowaway has f^cvm fimmigra- been permitted to leave the vessel contrary to the provisions of tion officer of this Act, and who does not immediately upon the arrival of such

vessel in the port to which he engaged to pilot her, and before gefg.

the immigration officer in charge has given permission to the

passengers to leave the vessel, inform the said officer that such

passenger or stowaway has been so permitted to leave the vessel.

shall be liable to a fine of not more than one hundred dollars and Penalty.

not less than ten dollars for every passenger with regard to whom

he has wilfully neglected to give such information.

132 The Immigration Commission.

PROTECTION OF IMMIGRANTS.

False repre- 55. Every person who causes or procures the publication or cir- ter or°ninduce dilation, by advertisement or otherwise, in a country outside of immigration. Canada, of false representations as to the opportunities for em- ployment in Canada, or as to the state of the labour market in Canada, intended or adapted to encourage or induce, or to deter or prevent, the immigration into Canada of persons resident in such outside country, or who does anything in Canada for tlie purpose of causing or procuring the communication to any resi- dent of such country of any such representations which are there- after so published, circulated or communicated, shall be guilty of an offence against this Act, and liable on summary conviction before two justices of the peace, to a fine of not more than five hundred dollars, or to imprisonment for a term not exceeding six months, or to both fine and imprisonment.

Violation of 56. If, during the voyage of any vessel carrying immigrants reSrdinff a duS f rom any port Olltside °* Canada to any port in Canada, the ties of master master or any of the crew is guilty of any violation of any law in of crew. force in the country in which such foreign port is situate, regard-

ing the duties of such master or crew towards the immigrants in such vessel-, or if the master of any such vessel during such voy- B reach of age commits any breach whatsoever of the contract for the pass- passenger Wlth age made with any immigrant by such master, or by the owners of such vessel, such master or such one of the crew shall, for every such violation or breach of contract, be liable to a fine not Penalty. exceeding one hundred dollars and not less than twenty dollars, independently of any remedy which such immigrants complaining may otherwise have.

Intercourse 57. No officer, seaman or other person on board of a vessel bring- between crew ing immigrants to Canada shall, while such vessel is in Canadian migrant?. C n" waters, entice or admit any female immigrant into his apartment, or, except by the direction or permission of the master of such vessel, first given for such purpose, visit or frequent any part of such vessel assigned to female passengers.

Penalty for 2. Every officer, seaman or other man employed on board of a tv^een°crew and vessel bringing immigrants to Canada, who, while such vessel is in f^ma^e im- Canadian waters, entices or admits any female immigrant into his migrants. apartment or, except by the direction or permission of the master

of such vessel first given, visits or frequents any part of such ves- sel assigned to female passengers, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding twenty- five dollars for every such offence.

Penalty for 3. Every master of a vessel who, while such vessel is in Cana-

cre^ to* visit dian wa*ers» directs or permits any officer or seaman, or other

parts of vessel man employed on board of such vessel to visit or frequent any part

assigned to fe- of such vessel assigned to female immigrants, except for the pur-

™rants ** P°se °f doing or performing some necessary act or duty, shall be

guilty of an offence against this Act and shall be liable to a fine

not exceeding twenty-five dollars for every such offence.

Notices to be 53. The master of every vessel bringing immigrants to Canada iPn°g intercourse from Europe shall, at all times while the vessel is in Canadian between immi- waters, keep posted, in a conspicuous place on the forecastle and grants and the in the parts of the steerage of the said vessel assigned to steerage passengers, a written or printed notice in the English, French, Swedish, Danish, German, Russian and Yiddish languages, and such other languages as are ordered from time to time by the Superintendent of Immigration, containing the provisions of this Act regarding the prevention of intercourse between the crew and the immigrants and the penalties for the contravention there- of, and shall keep such notice so posted during the remainder of the voyage.

Penalty. 2. Every master of a vessel bringing immigrants to Canada from

Europe who neglects to post, and keep posted, the notice required by this Act fo be posted regarding the prevention of intercourse between the crew and the immigrants and the penalties for con-

The Immigration Situation in Canada. 133

travention thereof, as required by this Act, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding one hundred dollars for every such offence.

3. The immigration officer in charge shall inspect every such inspection of vessel upon arrival for evidence of compliance with this section, and shall institute proceedings for any penalty incurred for vio- lation thereof.

59. If any vessel from any port or place outside of Canada Propo'rtion- comes within the limits of Canada having on board, or having had ate number of on board, at any time, during her voyage area6^fe?ecks°

(a) any greater number of passengers than one adult passenger for every fifteen clear superficial feet on each deck of such vessel appropriated to the use of such passengers and unoccupied by stores or goods, not being the personal luggage of such passen- gers, or,

(&) a greater number of persons, including the master and crew and the cabin passengers, if any, than one for every two tons of the tonnage of such vessel, calculated in the manner used for ascertaining the tonnage of British ships, the master of such vessel shall be liable to a fine not exceeding twenty dollars, and Penalty, not less than ten dollars for each passenger or person constituting such excess.

2. For the purpose of this section, each person of or above the "Adult " de- age of fourteen years shall be deemed an adult, and two persons flned-

above the age of one year and under the age of fourteen years shall be reckoned and taken as one adult.

3. If there shall be a bar or other place for the sale of intoxi- Sale of in- eating liquors on any such vessel in the quarters assigned to u°*i t0ngsteer- third-class or steerage passengers, or to which third-class or age passengers. steerage passengers are permitted to have access at any time

during the voyage of such vessel to Canada, the master of such vessel shall be guilty of an offence against this Act and shall be liable to a fine not exceeding five hundred dollars and not less than Penalty, fifty dollars ; and any officer or member of the crew of such ves- sel who sells or gives intoxicating liquor to any third-class or steerage passenger, during the voyage of such vessel to Canada, without the consent of the master or ship surgeon or other quali- fied medical practitioner on board thereof, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding fifty dollars and not less than ten dollars for every such offence.

60. Every immigrant on any vessel arriving at a port of entry Right of im- to which the owner or master of such vessel engaged to convey ^fjjf "Jjj board him, if facilities for housing or inland carriage for such immigrant vessel till hous- are not immediately available, shall be entitled to remain and keep ing or carriage his luggage on board such vessel for a period of twenty-four hours available-

or until such facilities are available, which ever shall first occur, and the master of such vessel shall not, until such time, remove any berths or accommodation used by such immigrant.

61. Passengers and their luggage shall be landed from any ship Passengers by the master thereof free of expense to the said passengers, and be, landed such landing shall be either at a usual public landing place at the lr

port of entry or at such other place as is designated by the officer in charge.

62. The Minister or the Superintendent of Immigration may, Appointment from time to time, by instructions to the immigration officer in ° f landing charge, appoint the places at which passengers arriving at such p a

port shall be landed.

63. At the places so appointed the Minister or Superintendent of Shelter for Immigration may cause proper shelter and accommodation to be immigrants, provided for immigrants until they can be forwarded to their

place of destination.

64. If both the immigrant parents, or the last surviving immi- Disposal of grant parent of any child brought with them in any vessel SSST* ?mmi- bound for Canada, die on the voyage, or at any immigrant sta- grant parents, tion or elsewhere in Canada while still under the care of any immigrant agent, or other officer under this Act, the Minister,

134 The Immigration Commission.

or such officer as he deputes for the purpose, may cause the effects of such parents to be disposed of for the benefit of such child to the best advantage in his power, or in his discretion to be de- livered over to any institution or person assuming the care and charge of such child.

Inquiry in 65. If complaint be made to the Minister or the Superintendent

pTaints°respect- of Immi^ration against any company or person for any violation

ing violation of this Act, in any matter relating to immigrants or immigra-

of Act. tion, the Minister may cause such inquiry as he thinks proper to

be made into the facts of the case, or may bring the matter before

the Governor in Council in order that such inquiry may be made

under The Inquiries Act.

Procedure. 2. If upon such inquiry it appears to the satisfaction of the Minister that such company or person has been guilty of such violation, the Minister may require such company or person to make such compensation to the person aggrieved, or to do such other thing, as is just and reasonable; or may adopt measures for causing such proceeding to be instituted against such company or person as the case requires.

re?egtiati°mS 66' Tne Governor in Council may make such regulations and

ployment agen-imP°se such penalties as are deemed expedient to safeguard the

cies. interests of immigrants seeking employment from any companies,

firms, or persons carrying on the business of intelligence offices or

employment or labour agencies at any place in Canada.

. IMMIGRANT RUNNERS.

Licenses for 67. The Superintendent of Immigration may issue to agents of ners!gr n~ transportation companies, forwarding and transfer companies, hotels and boarding houses, a license authorizing such persons to exercise the vocation of immigrant runners, or of soliciting the patronage of immigrants for their respective companies, hotels or boarding houses, or of booking passengers. Such license shall be in the form prescribed by the Superintendent of Immigration, and may at any time be cancelled by him under the direction or with the consent of the Minister.

not™o^begsolk> 68< No PersoL1 shall, at any port or place in Canada, for hire, ited except by reward or gain, or the expectation thereof, conduct, solicit or licensed per- recommend, either orally or by handbill or placard or in any other manner, any immigrant to or on behalf of any owner of a vessel, or to or on behalf of any inn-keeper or boarding house keeper, or any other person, for any purposes connected with the preparations or arrangements of such immigrant for his passage to his final place of destination in Canada, or elsewhere, or give or pretend to give to such immigrant any information oral, printed or otherwise, or assist him to his said place of destination, or in any way exercise the vocation of booking passengers, or of taking money for their inland fare, or for the transportation of their luggage, unless such person has first obtained a license from the Superintendent of Immigration authorizing him to act in such capacity.

Selling tick- 69. Every person licensed under this Act as an immigrant run- grants0 atmex- ner' or Person acting on behalf of any transportation company, or cessive rates. " forwarding or transfer company, or hotel or boarding house, and every person in his employ, who sells to any immigant a ticket or order for the passage of such immigrant, or for the conveyance of his luggage, at a higher rate than that for which it could be purchased directly from the company or person undertaking such conveyance, and every person who purchases any such ticket from an immigrant for less than its value, or gives in exchange for it one of less value, shall be guilty of an offence against this Act, and the license of such person shall be cancelled.

Persons not 70. No licensed immigrant runner, or agent or person acting on

sels or ent6er behalf of any transportation company, or other person, shall go

immigrant sta- on board any vessel after such vessel has arrived in Canadian

tions without waters until all passengers thereon have been landed, or shall go

into any immigrant station, unless he is authorized so to do by

the Superintendent of Immigration or officer in charge.

The Immigration Situation in Canada. 135

DUTIES OF INN-KEEPERS.

71. Every inn-keeper or boarding house keeper in any city, town, List of prices village or place in Canada designated by any order in council, jn \ o^^fg who receives into his house as a boarder or lodger any immigrant and boarding within three months after his arrival in Canada, shall cause to houses for im- be kept conspicuously posted in the public rooms and passages of migra]

his house and printed upon his business cards, a list of the prices which will be charged to immigrants per day and per week for board or lodging, or both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street.

2. No such inn-keeper or boarding house keeper shall have any . inn -keeper's lien on the effects of such immigrant for any amount claimed for lien limited- such boarding or lodging for any sum exceeding five dollars.

72. Every such inn-keeper or boarding house keeper who detains Penalty on the effects of any immigrant by reason of any claim for board or i,nn-keeper for lodging after he has been tendered the sum of five dollars or such migrant'^ 'ef- less sum as is actually due for the board or lodging of such im- fects after ten- migrant, shall incur a penalty not exceeding twenty-five dollars ^er>

and not less than five dollars, over and above the value of the effects so detained, and he shall also be liable to restore such effects.

2. In the event of such unlawful detention, the effects so de- Search for tained may be searched for and recovered under search warrant as in the case of stolen goods.

RULES, FORMS AND NOTICES.

73. In addition to the forms set out in the schedule to this Act Superintend- the Superintendent of Immigration, under direction or with the Ration to"^^" consent of the Minister, shall prescribe, formulate and issue such scribe forms, rules, notices, forms of reports and manifests, and other forms as

are deemed necessary from time to time in connection with regu- lations made under this Act or for the use and guidance of officers under this Act, or of transportation companies and agents thereof, and masters of vessels and immigrants.

UNIFORMS.

74. The Superintendent of Immigration shall, under the direc- Uniforms for tion or with the consent of the Minister, prescribe and contract ^migration of- for suitable uniforms and insignia for the various officers on

duty at ports of entry, and the same shall be supplied to such officers, and one-third of the cost thereof shall be chargeable to such officers, or in the case of officers having their uniforms made to order a proportionate sum shall be paid to them on account thereof.

75. All officers while on duty at ports of entry, or on duty else- Officers to where inspecting immigrants or passengers, or acting on a Board w£ar uniform of Inquiry, or on duty in connection with the deportation of any w

person under this Act, shall wear the uniform prescribed for him, unless otherwise directed by the Superintendent of Immigration.

PROSECUTIONS AND PROCEDURE.

76. Any officer may institute summary proceedings before any Prosecutions, police magistrate, recorder or justice of the peace against any transportation company or director, official or employee thereof

charged with an offence against this Act, at the place where such offence was committed, or at the place where such company has an office or place of business in Canada, or where such person then is.

79520°— VOL 40—11 10

136 The Immigration Commission.

Costs. 2. Such police magistrate, recorder or justice of the peace may,

in addition to any fine or penalty imposed, award costs against any such company or person as in ordinary cases of summary pro- ™Prison'ceedings, and in default of payment thereof may award imprison- ment for a term not exceeding three months, to terminate on pay- ment of the fine or penalty and costs incurred, and may, in his penalty1 r d discretion, award any part of such fine or penalty, when recovered, to the person aggrieved by or through the act or neglect of such company or person.

ofApfineCsataml 3> Su0^ to sucb- award to a person aggrieved all fines and penalties. penalties recovered under this Act shall be paid to the Minister of Finance and shall form part of the Consolidated Revenue Fund of Canada.

Lien on prop- 4. Every duty and every fine or penalty imposed under author-

portation com- ^ of tllis Act uP°n a transportation company, or upon any direc-

panies. tor, official or employee thereof, shall until payment thereof be a

lien upon any and all property of such company in Canada, and

may be enforced and collected by the seizure and sale of all or

any such property under the warrant or process of the magistrate

directors^ n°d or court before whom it has been sued for, and shall be preferred

officials. to all other liens or hypothecations except wages.

5. Every duty imposed under authority of this Act upon a trans- Owners of portation company shall be a duty devolving upon every director, official or employee thereof, and every duty imposed upon the mas- ter of a vessel shall be a duty devolving upon the owner thereof. Imprison- g. Imprisonment of a master or owner of any vessel, or of any ofaife1n] official or employee of any transportation company, for any offence ' against this Act, shall not discharge the ship or other property

of such company from the lien attached thereto by this Act. Convictions 77. NO conviction or proceeding under this Act shall be quashed qVa s bed for for want of form, nor, unless the penalty imposed is one hundred want of form, dollars or over, be removed by appeal or certiorari or otherwise

into any superior court.

Warrants of 2. No warrant of commitment shall be held void by reason of commitment. any defect therein, if it is therein alleged that the person has been convicted, and there is a good and valid conviction to sustain such warrant.

Security in 3. In case of removal by appeal or certiorari or otherwise of case of appeal. any conviction or proceeding under this Act into any superior court, security shall be given to the extent of one hundred dollars for the costs of such removal proceedings to such superior court. General pen- 78. Every person who violates any provision of this Act, or of any order in council, proclamation or regulation thereunder in respect of which violation no other penalty is provided by this Act, shall incur a penalty not exceeding one hundred dollars.

APPLICATION TO CHINESE.

Ap of A

I plication 79. All provisions of this Act not repugnant to the provisions of ct to Chi- The Chinese Immigration Act shall apply as well to persons of Chinese origin as to other persons.

EXPENSES OF ADMINISTRATION.

Payment of 80. All expenses incurred in administering this Act and carrying <Actfn out the Provisions thereof, and of affording help and advice to immigrants, and aiding, visiting and relieving destitute immi- grants, procuring medical assistance and otherwise attending to the objects of immigration, shall be paid out of any moneys granted by Parliament for any such purpose and under such regu- lations or under such orders in council, if any, as are made for the distribution and application of such moneys.

The Immigration Situation in Canada. 137

GENERAL REGULATIONS.

81. The Governor in Council may, on the recommendation of the Power to Minister, make such orders and regulations, not inconsistent with

this Act, as are considered necessary or expedient for enforcing the provisions of this Act according to the true intent and meaning thereof.

REPEAL.

82. The following Acts are repealed : Chapter 93 of the Revised Actsrepealed. Statutes, 1906 ; chapter 19 of the statutes of 1907 ; and chapter 33

of the statutes of 1908.

SCHEDULE. FORM A. Permit to enter Canada. Canada. The Immigration Act, section 4-

To all Immigration Officers:

This is to certify that (name in full), of (last

place of residence ) , ( occupation or other description ) , is hereby

permitted to enter and remain in Canada for a period of from the date

hereof free from examination or other restrictions under the Immigration Act.

Dated at Ottawa this - - day of - 19 .

Minister of the Interior. [Seal of the Department of the Interior.]

FORM AA. Cancellation (or extension) of permit. Canada. The Immigration

Act, section 4.

To all Immigration Officers:

This is to certify, that the Permit to Enter Canada issued to - (name in full), of - »- (last place of residence), on the - day of - 19 is hereby cancelled (or is hereby extended for a further period of from the date hereof.)

Minister of the Interior. [Seal of the Department of the Interior.]

FORM B. Order for deportation. Canada. The Immigration Act, section 33.

To - (transportation company) and to (person

rejected), port of entry , Province of :

This is to certify that - (name in full), of (last

place of residence), a person seeking to enter Canada at this port, ex

(ship or train) from - - which arrived at this port on at

o'clock has this day been examined by the Board of Inquiry (or officer in

charge) at this port, and has been rejected for the following reasons:

(here state reasons in full).

And the said is hereby ordered to be deported to the place from

whence he came to Canada. Such conveyance shall be by the first available

ship or train of the transportation company which brought the said to

Canada.

Dated at this day of 19 .

Chairman of the Board of Inquiry (or Immigration Officer in Charge).

NOTICE TO PERSON ORDERED TO BE DEPORTED.

If you claim to be a Canadian citizen or to have acquired Canadian domicile, you have the right to consult counsel and appeal to the courts against deporta- tion.

138 The Immigration Commission.

In all other cases you may appeal to the Minister of the Interior against any decision of the Board of Inquiry or officer in charge whereby you are ordered to be deported unless such decision is based upon a certificate of the examining medical officer that you are affected with a loathsome disease or a disease which may become dangerous to the public health. The formal notice of appeal will be supplied to you by the immigration officer in charge upon request and upon deposit of the sum of twenty dollars for the cost of your maintenance, and the sum of ten dollars for the maintenance of each person dependent upon you, until the Minister has decided upon your case.

FORM C. Notice of appeal. Canada. The Immigration Act, section 10.

To the Minister of the Interior,

Ottawa, Canada.

I, (name in full), of - - (last place of residence),

hereby appeal from the decision of the Board of Inquiry (or officer in charge) at this port whereby my application to land in Canada has been rejected, and I have been ordered to be deported to .

And I deposit herewith the sum of twenty dollars for cost of my maintenance, and ten dollars for the maintenance of each person dependent upon me pending your decision.

Dated at the day of - , 10—.

Appellant.

FORM D. Order to leave Canada. Canada. The Immigration Act, section 42.

To , of .

Whereas it has been shown by evidence satisfactory to His Excellency the Governor in Council that you advocated in Canada the overthrow of the Govern- ment of Canada by force or violence (or as the case may be).

You are hereby ordered under and by virtue of the authority conferred upon

His Excellency by section 42 of the Immigration Act within days after

the service of this order upon you, or after its being left for you at your last known address or place of abode, to leave and depart from Canada, and not to return.

Dated at Ottawa this day of 19 .

Clerk of the Council. [Seal of the Privy Council.]

FORM E. Order of the Minister of Justice. Canada. The Immigration Act,

section JiS.

To (Governor or Warden of gaol, prison, reformatory or peni- tentiary) :

Whereas of has within three years of landing in

Canada become an inmate of , having been convicted of the crime of

. And whereas, under the provisions of The Immigration Act, I have

been requested by the Minister of the Interior to issue an order to you, the said

(warden or governor, as the case may be) to detain the said

after expiry of his sentence, or term of imprisonment, and to

deliver him to the officer named in the warrant of the Superintendent of Immi- gration with a view to the deportation of the said - .

Now know you that I, the Minister of Justice of Canada, do hereby, under the provisions of the said Act, order you, the said - - (warden or

governor), to detain and deliver the said - - to the

officer authorized by warrant of the Superintendent of Immigration, to receive

The Immigration Situation in Canada. 139

the said - - from you with a view to his deportation under the pro-

visions of the said Act.

For which this shall be your sufficient warrant.

Dated at Ottawa this day of 19 .

Minister of Justice. [Seal of the Department of Justice.]

FORM EE. Warrant of the Superintendent of Immigration. Canada. The Immigration Act, section 43.

By the Superintendent of Immigration.

To , of :

Whereas , of , has within three years of his land- ing In Canada become an inmate of - (gaol, prison, reformatory or peni- tentiary).

And whereas, under the provisions of the Immigration Act, the Minister of

the Interior has ordered the deportation of the said and has

applied to the Minister of Justice for an order addressed to the (governor or warden) of the said - - (gaol, prison, reformatory or

penitentiary) commanding him to detain and deliver the said - into your custody after expiry of his sentence or term of imprisonment in the said - - (gaol, prison, reformatory or penitentiary) with a view to

his deportation under the provisions of the said Act.

Now know you that I, - , Superintendent of Immigration, do

hereby order you to receive the said (name of prisoner) and him

safely to keep and to convey through any part of Canada, and him to deliver to the transportation company which brought him to Canada, with a view to his deportation to the port from which he came to Canada.

For which this shall be your sufficient warrant.

Dated at Ottawa this day of 19 .

Superintendent of Immigration. [Seal of the Department of the Interior.]

FORM F. Bond to appear for examination. Canada. The Immigration Act,

section 33.

Canada, Province of , in the matter of The Immigration Act and of A. B.

Be it remembered that on the day of , in the year nineteen hun- dred and , A. B., formerly of [state place of domicile before coming to

Canada], [occupation], a person seeking to enter or remain in Canada; and L. M. of [name of place], in the said province [occupation], and N. O. of the same place [occupation], personally came before me and acknowledged them- selves to owe to our Sovereign Lord the King, his heirs and successors, the several sums following, that is to say :

The said A. B. the sum of dollars, and the said L. M. and N. O. the

sum of dollars each, of good and lawful current money of Canada, to be

made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Sovereign Lord the King, his heirs and suc- cessors, if he, the said A. B. fails in the condition hereunder written.

Taken and acknowledged the day and year first above mentioned at in

the province aforesaid before me - [Justice of Peace, or, Notary Public].

The condition of the above written obligation is such, that whereas the said A. B. is held in custody under authority of The Immigration Act for examina- tion touching the right of the said A. B. to enter or remain in Canada ; if, there- fore, the said A. B. appears before the Board of Inquiry or officer acting as such at the Immigrant Station at on the day of - next at the hour

of in the noon, and there surrenders himself into custody of an

Immigration Officer and submits to examination under the said Act, and does not attempt to escape from such custody, then this obligation shall be void, otherwise to stand in full force and effect.

APPENDIX G. REGULATION AND ORDERS IN COUNCIL, LAW OF 1910.

REGULATION.

The following Regulation was promulgated by the Superintendent of Immi- gration, May 6, 1910

No immigrant shall be treated for any of the diseases specified or referred to in subsection (&) of Section Three of the Immigration Act unless it appears to the satisfaction of the Canadian Immigration Medical Inspector conducting the medical examination that such immigrant was free from disease when leav- ing his or her home to commence the journey to Canada, and that any disease which the immigrant has at time of arrival in Canada has been contracted or developed during the journey, and that it can be completely and permanently cured within a reasonably short space of time ; and further, that no cost shall be incurred by the Department for such treatment.

ORDERS IN COUNCIL.

The following orders in council have been promulgated under the Canadian immigration act of May 4, 1910 :

I.

AT THE GOVERNMENT HOUSE AT OTTAWA,

Monday, the 9th day of May, 1910. Present: His Excellency in Council.

His Excellency in Council is pleased, in virtue of the provisions of Section 37 of the Immigration Act of 9 and 10 Edward VII, to make and doth hereby make the following Regulations:

1. No immigrant, male or female, other than a member of a family provided for under the following regulations shall be permitted to enter Canada between the first day of March and the thirty-first day of October both days inclusive, unless he or she have in actual and personal possession at the time of arrival, money, belonging absolutely to such immigrant, to the amount of at least $25.00 in addition to a ticket or such sum of money as will purchase a ticket or trans- port for such immigrant to his or her destination in Canada.

2. If an immigrant so intending to enter Canada is the head of a family and is accompanied by his or her family or any members thereof, the foregoing regulations shall not apply to such family or the members thereof, but the said immigrant head of family shall have in his or her possession, in addition to the said sum of money and means of transport hereinbefore required, a further sum of money, belonging absolutely to such immigrant, equivalent to $25.00 for each member of the said family of the age of eighteen years or upwards, and $12.50 for each member of said family of the age of five years or upwards and under the age of eighteen years, and in addition tickets or a sum of money equivalent to the cost of transport for all the said members of the family to their place of destination in Canada.

3. Every such immigrant, seeking to enter Canada, between the first day of November and the last day of February both inclusive, shall be subject to the foregoing regulations, with the substitution of $50.00 for $25.00 and $25.00 for $12.50, wherever the said sums of $25.00 and $12.50 are mentioned in the said regulations.

4. It shall be the duty of the immigration officers at the various places or ports of entry or landing in Canada to see that the foregoing regulations are complied with. Provided, however, that the immigration agent may, notwith- standing anything hereinbefore contained, exempt any immigrant from the operation of the foregoing regulations if it is shown to his satisfaction that:

(a) The immigrant, if a male, is going to assured employment at farm work, and has the means of reaching the place of such employment ; or

141

142 The Immigration Commission.

(&) That the immigrant, if a female, is going to assured employment at domestic service, and has the means of reaching the place of such employ- ment; or

(c) That the immigrant, whether male or female, is of one of the following descriptions, and is going to reside with a relative of one of the following de- scriptions, who is able and willing to support such immigrant and has the means of reaching the place of residence of such relative :

(1) Wife going to husband.

(2) Child going to parent.

(3) Brother or sister going to brother.

(4) Minor going to married or independent sister.

(5) Parent going to son or daughter.

These regulations shall not apply to immigrants belonging to any Asiatic race.

(Sgd.) RODOLPHE BOUDREAU,

Clerk of the Privy Council.

II.

AT THE GOVERNMENT HOUSE AT OTTAWA,

Monday, the 9th day of May, 1910. Present: His Excellency in Council.

His Excellency, in virtue of the provisions of section 37 of the Immigration Act, Statutes of Canada, 9 and 10 Edward VII, and by and with the advice of the King's Privy Council for Canada, is pleased to make and doth hereby make the following regulation :

No immigrant shall be permitted to enter Canada if he or she, being a sub- ject or citizen of any country which issues a passport or penal certificate or both to persons emigrating therefrom, fails to produce such passport or penal certificate or both upon demand by the immigration officer in charge, and whether coming to Canada directly or indirectly from any such country.

(Sgd.) RODOLPHE BOUDREAU,

Clerk oj the Privy Council.

III.

AT THE GOVERNMENT HOUSE AT OTTAWA,

Monday, the 9th day of May, 1910.

Present : His Excellency in Council.

His Excellency in Council is pleased, under the authority of section 37 of the Immigration Act of 9 and 10 Edward VII, to make and doth hereby make the following regulation :

No immigrant of Asiatic origin shall be permitted to enter Canada unless in actual and personal possession in his or her own right of two hundred dollars, unless such person is a native or subject of an Asiatic country in regard to which special statutory regulations are in force or with which the Government of Canada has made a special treaty, agreement or convention.

(Sgd.) RODOLPHE BOUDREAU,

Clerk of the Privy Council.

IV.

AT THE GOVERNMENT HOUSE AT OTTAWA,

Monday, the 9th day of May, 1910. Present : His Excellency in Council.

His Excellency in Council is pleased, under the authority of subsection 1 of section 38 of the Immigration Act of 9 and 10 Edward VII, to make and doth hereby make the following regulation :

From and after the date hereof the landing in Canada shall be and the same is hereby prohibited of any immigrants who have come to Canada otherwise than by continuous journey from the country of which they are natives or citi- zens, and upon through tickets purchased in that country or purchased or prepaid in Canada.

(Sgd.) RODOLPHE BOUDREAU,

Clerk of the Privy Council.

The Immigration Situation in Canada. 143

V.

AT THE GOVERNMENT HOUSE AT OTTAWA,

Monday, the 9th day of May, 1910.

Present : His Excellency in Council.

Whereas by section 71 of the Immigration Act, 9 and 10 Edward VII, it is provided as follows :

71. Every inn-keeper or boarding house keeper in any city, town, village or place in Canada designated by any Order in Council, who receives into his house as a boarder or lodger any immigrant within three months after his ar- rival in Canada, shall cause to be kept conspicuously posted in the public rooms and passages of his house, and printed upon his business cards, a list of the prices which will be charged to immigrants per day and per week for board and lodging, or both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street

2. No such innkeeper or boarding-house keeper shall have any lien on the effects of such immigrant for any amount claimed for such boarding or lodging for any sum exceeding five dollars.

And whereas it is considered expedient to bring this section into force in certain places, therefore his excellency in council is pleased to designate and doth hereby designate, for the purpose of the said section 71, the cities of Ottawa and Toronto, in the Province of Ontario ; the cities of Quebec and Mon- treal, in the Province of Quebec; the city of Halifax, in the Province of Nova Scotia; the city of St. John, in the Province of New Brunswick; the city of Winnepeg in the Province of Manitoba ; and the cities of Vancouver, Victoria and Prince Rupert, in the Province of British Columbia, as cities in which every keeper of a tavern, hotel, or boarding house therein who receives into his house as a boarder or lodger any immigrant within three months after his arrival in Canada, shall be subject to the requirements and the provisions of the said section.

(Sgd.) RODOLPHE BOUDKEAU,

Clerk of the Privy Council.

The following form ("67 Imm.") shows the evidence that is required to bring about the deportation of an undesirable immigrant. Copies of this form may be obtained by writing to the Superintendent of Immigration, Ottawa. Letters so addressed and carried post free.

The recommendation to deport should be signed by a mayor, reeve, or other public officer having cognizance of the facts.

The space for doctor's certificate may be left blank in cases other than those in which the cause of deportation is disease, or mental or physical disability.

FOR THE INFORMATION OF THE SUPERINTENDENT OF IMMIGRA- TION, OTTAWA.

-iq

> > **»

Statement in re - (undesirable immigrant) Age - Nationality - Arrived at the port of - - by S. S. - - Date of landing ,

Traveled inland on - Railway Present whereabouts Why

deportation is suggested - (The grounds should be stated as nearly as

possible in the terms of the immigration act) - - History in Canada

Whether able to pay the whole or any part of the cost of transportation -

Name and address of friends in the Old Country - - Relationship

Doctor's certificate - - M. D. (address) - Deportation recommended by

(Address) - Form 67, Imm.

NOTE. Four copies of above are required, and if the undesirable is thought to be an American citizen, by birth or naturalization, Form " 67 A " is also required to be completed in duplicate.

APPENDIX H. THE UNITED STATES IMMIGRATION LAW.

[Act of February 20, 1907 (34 Stat., pt. 1, p. 898).]

AN ACT To regulate the immigration of aliens into the United

States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be levied, collected^ and paid a tax of four dollars for every alien entering the United States. The said tax shall be paid to |d° w h ° m the collector of customs of the port or customs district to which said alien shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, paiclf w owner, or consignee of the vessel, transportation line, or other conveyance or vehicle bringing such alien to the United States. The money thus collected, together with all fines and rentals col- flnes>e and re nt- lected under the laws regulating the immigration of aliens intoais, to consti- the United States, shall be paid into the Treasury of the United tute— States, and shall constitute a permanent appropriation to be called the "immigrant fund," to be used under the direction of the Secretary of Commerce and Labor to defray the expense of For what regulating the immigration of aliens into the United States used, under said laws, including the contract labor laws, the cost of reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees ap- pointed to enforce said laws. The tax imposed by this section Head tax: shall be a lien upon the vessel or other vehicle of carriage or To be 1Ien transportation bringing such aliens to the United States, and shall ! be a debt in favor of the United States against the owner or How pay- owners of such vessel or other vehicle, and the payment of such ment enforced ; tax may be enforced by any legal or equitable remedy. That the mcltadS6f r Oejj said tax shall not be levied upon aliens who shall enter the payment of ; United States after an uninterrupted residence of at least one year, immediately preceding such entrance, in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, nor upon otherwise admissible residents of any possession of the United States, nor upon aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous terri- tory: Provided, That the Commissioner-General of Immigration, Head tax: under the direction or with the approval of the Secretary of Payment on Commerce and Labor, by agreement with transportation lines, as account aliens provided in section thirty-two of this Act, may arrange in some other manner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory : Provided further, That if in any fiscal year the amount NO more than of money collected under the provisions of this section shall ex- $2,500,000 to ceed two million five hundred thousand dollars, the excess above |°an[nf°ndimmi that amount shall not be added to the " immigrant fund : " Pro- vided further, That the provisions of this section shall not apply Exceptions to aliens arriving in Guam, Porto Rico, or Hawaii ; but if any R£0uamndP na° such alien, not having become a citizen of the United States, waii.' shall later arrive at any port or place of the United States on the North American Continent the provisions of this section shall

145

146 The Immigration Commission.

Passports. apply: Provided further, That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come If limited |-0 the continental territory of the United States to the detriment detriment la° of labor conditions therein, the President may refuse to permit such bor conditions, citizens of the country issuing such passports to enter the con- holders to be tinental territory of the United States from such other country

e ' or from such insular possessions or from the Canal Zone.

E x eluded gEC. 2. That the following classes of aliens shall be excluded from admission into the United States : All idiots, imbeciles, feeble- Idiots, insane, minded persons, epileptics, insane persons, and persons who have been insane within five years previous ; persons who have had two Paupers, per- or more attacks of insanity at any time previously ; paupers ; per- sons likely to sons likely to become a public charge ; professional beggars ; per- Hc°charge sons afflicted with tuberculosis or with a loathsome or dangerous Diseased'; contageous disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by Mentally or the examining surgeon as being mentally or physically defective, Sect!ve ; & sucl1 mental or physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been Criminals ; convicted of or admit having committed a felony or other crime or Poiygamists ; misdemeanor involving moral turpitude ; polygamists, or persons Anarchists ; who admit their belief in the practice of polygamy ; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all govern- ment, or of all forms of law, or the assassination of public officials ; Prostitutes, prostitutes, or women or girls coming into the United States for etc. the purpose of prostitution or for any other immoral purpose ;

Excluded persons who procure or attempt to bring in prostitutes or women classes: or girls for the purpose of prostitution or for any other immoral

Contract la- purpose ; persons hereinafter called contract laborers who have borers; been induced or solicited to migrate to this country by offers or

promises of employment or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to Assisted migrate as above described ; any person whose ticket or passage aliens ; is paid for with the money of another, or who is assisted by others

to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes, and that said ticket or passage was not paid for by any corporation, association, society, municipality, or foreign govern- Children un- merit, either directly or indirectly ; all children under sixteen years der 16. of age, unaccompanied by one or both of their parents, at the dis-

cretion of the Secretary of Commerce and Labor or under such •Exceptions regulations as he may from time to time prescribe: Provided, That nothing in this Act shall exclude, if otherwise admissible, Offenses po- persons convicted of an offense purely political, not involving litical ; moral turpitude : Provided further, That the provisions of this

section relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign govern-, ment shall not apply to the tickets or passage of aliens in imme- diate and continuous transit through the United States to foreign contiguous territory : And provided further, That skilled labor Skilled labor ; may ^e imported if labor of like kind unemployed can not be found in this country : And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude pro- Actors, art- fessional actors, artists, lecturers, singers, ministers of any reli- ists, etc. gious denomination, professors for colleges or seminaries, persons

belonging to any recognized learned profession, or persons em- ployed strictly as personal or domestic servants.

The Immigration Situation in Canada. 147

SEC. 3. That the importation into the United States of any alien Prostitutes: woman or girl for the purpose of prostitution, or for any other importation immoral purpose, is hereby forbidden ; and whoever shall, di- or holding pe- rectly or indirectly, import, or attempt to import, into the United nalized ; States, any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, or whoever shall hold or at- tempt to hold any alien woman or girl for any such purpose in pursuance of such illegal importation, or whoever shall keep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl, within three years after she shall have entered the United States, shall, in every such case, be deemed guilty of a felony, and on conviction thereof be imprisoned not more than five years and pay a fine of not more than five thou- sand dollars; and any alien woman or girl who shall be found Deportation of an inmate of a house of prostitution or practicing prostitution, at Jgars any time within three years after she shall have entered the United States, shall be deemed to be unlawfully within the United States and shall be deported as provided by sections twenty and twenty-one of this Act.

SEC. 4. That it shall be a misdemeanor for any person, company, Contract la- partnership, or corporation, in any manner whatsoever, to pre-borer8: pay the transportation or in any way to assist or encourage the Importation importation or migration of any contract laborer or contract la- of' forbidden; borers into the United States, unless such contract laborer or con- tract laborers are exempted under the terms of the last two pro- visos contained in section two of this Act.

SEC. 5. That for every violation of any of the provisions of sec- Penalty for t ion four of this Act the person, partnership, company, or corpora- imP°rtins ; tion violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and re- covered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any kind as aforesaid. And it shall be the duty of the district attorney of ne^- S- attor- the proper district to prosecute every such suit when brought by cute suits the United States.

SEC. 6. That it shall be unlawful and be deemed a violation of f ^ ^bidden ® section four of this Act to assist or encourage the importation or migration of any alien by promise of employment through adver- tisements printed and published in any foreign country; and any alien coming to this country in consequence of such an advertise- mem^ehall be treated as coming under promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apply to States or Territories, Exception, in the District of Columbia, or places subject to the jurisdiction 0*aSd°rTerritcH the United States advertising the inducements they offer for immi- ries. gration thereto, respectively.

SEC. 7. That no transportation company or owner or owners of Soliciting: vessels, or others engaged in transporting aliens into the United States, shall, directly or indirectly, either by writing, printing, or part transpor1- oral representation, solicit, invite, or encourage the immigration tation compa- of any aliens into the United States, but this shall not be held to nies prevent transportation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein ; and for a violation of this provision, any such transportation company, and any such owner or owners of vessels, and all others engaged in transporting aliens into the United States, and the agents by them employed, shall be Penalty for. severally subjected to the penalties imposed by section five of this Act

148 The Immigration Commission.

Unlawful SEC< 8. That any person, including the master, agent, owner, or consignee of any vessel, who shall bring into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter the United States shall be deemed guilty of a misdemeanor, and shall, on Penalty for. conviction, be punished by a fine not exceeding one thousand dol- lars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so Fine $100: landed or brought in or attempted to be landed or brought in. For,,brinS" SEC. 9. That it shall be unlawful for any person, including aliens. anv. transportation company other than railway lines entering the

United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien subject to any of the following disabilities : Idiots, imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical exami- Method of nation at such time, such person or transportation company, or the master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section ; and no vessel shall be granted clearance papers pending the determina- tion of the question of the liability to the payment of such fine, and in the event such fine is imposed, while it remains unpaid, nor shall such fine be remitted or refunded: Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fine and costs, such sum to be named by the Secretary of Commerce and Labor.

Appeals: SEC. 10. That the decision of the board of special inquiry,

N hereinafter provided for, based upon the certificate of the ex-

aliens affi?cted anrining medical officer, shall be final as to the rejection of aliens with tuberculo- affected with tuberculosis or with a loathsome or dangerous con- sis or danger- tagious disease, or with any mental or physical disability which diseases. a would bring such aliens within any of the classes excluded from

admission to the United States under section two of this Act. Guardian en SEC. 11. That upon the certificate of a medical officer of the United States Public Health and Marine Hospital Service to the Transports- effect that a rejected alien is helpless from sickness, mental or tion companies physical disability, or infancy, if such alien is accompanied by to bear expense another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be ex- cluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be re- quired to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. Manifests: SEC. 12. That upon the arrival of any alien by water at any

port within the United States, it shall be the duty of the master passengers— 8 or commanding officer of the steamer, sailing or other vessel hav- ing said alien on board to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said list, state as to eacli What to con- alien the full name, age, and sex ; whether married or single ; the calling or occupation ; whether able to read or write ; the nation- ality; the race; the last residence; the name and address of the nearest relative in the country from which the alien came; the seaport for landing in the United States; the final destination, if any, beyond the port of landing ; whether having a ticket through

The Immigration Situation in Canada. 149

to such final destination; whether the alien has paid his own Manifests: passage or whether it has been paid by any other person or by any corporation, society, municipality, or government, and if so, by whom ; whether in possession of fifty dollars, and if less, how much ; whether going to join a relative or friend, and if so, what relative or friend, and his or her name and complete address ; whether ever before in the United States, and if so, when and where ; whether ever in prison or almshouse or an institution or hospital for the care and treatment of the insane or supported by charity; whether a polygamist ; whether an anarchist; whether coming by reason of any offer, solicitation, promise, or agreement, express or implied, to perform labor in the United States, and what is the alien's condition of health, mental and physical, and whether deformed or crippled, and if so, for how long and from what cause; that it shall further be the duty of the master or commanding officer of every vessel taking alien passengers out of Outgoing the United States, from any port thereof, to file before departure Passensers therefrom with the collector of customs of such port a complete list of all such alien passengers taken on board. Such list shall What to con- contain the name, age, sex, nationality, residence in the United tam States, occupation, and the time of last arrival of every such alien in the United States, and no master of any such vessel shall be granted clearance papers for his vessel until he has deposited such list or lists with the collector of customs at the port of departure and made oath that they are full and complete as to the name and other information herein required concerning each alien taken on board his vessel ; and any neglect or omission to comply with the Penalty ; requirements of this section shall be punishable as provided in section fifteen of this Act. That the collector of customs with With whom whom any such list has been deposited in accordance with the deposited provisions of this section, shall promptly notify the Commissioner- General of Immigration that such list has been deposited with him as provided, and shall make such further disposition thereof as may be required by regulations to be issued by the Commissioner- General of Immigration with the approval of the Secretary of Commerce and Labor : Provided, That in the case of vessels mak- ing regular trips to ports of the United States the Commissioner- General of Immigration, with the approval of the Secretary of Commerce and Labor, may, when expedient, arrange for the deliv- ery of such lists of outgoing aliens at a later date: Provided further, That it shall be the duty of the master or commanding O f a 1 lens officer of any vessel sailing from ports in the Philippine Islands, ippSes Guam^ Guam, Porto Rico, or Hawaii to any port of the United States on Porto Rico, and the North American Continent to deliver to the immigration offi- Hawaii ; cers at the port of arrival lists or manifests made at the time and place of embarkation, giving the names of all aliens on board said vessel.

SEC. 13. That all aliens arriving by water at the ports of the ^ow made United States shall be listed in convenient groups, and no one l list or manifest shall contain more than thirty names: To each alien or head of a family shall be given a ticket on which shall be written his name, a number or letter designating the list in which his name, and so forth, is contained, and his number on To be signed said list, for convenience of identification on arrival. Each list ^™$™ *s or manifest shall be verified by the signature and the oath or t(f correctness affirmation of the master or commanding officer, or the first or of contents ; second below him in command, taken before an immigration officer at the port of arrival, to the effect that he has caused the surgeon of said vessel sailing therewith to make a physical and oral exam- ination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is an idiot, or imbecile, or a feeble-minded person, or insane person, or a pauper, or is likely to become a public charge, or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or is a person who has been convicted of, or who admits having committed a felony or other crime or misde- meanor involving moral turpitude, or is. a polygamist or one

150 The Immigration Commission.

Manifests: admitting belief in the practice of polygamy, or an anarchist, or under promise or agreement, express or implied, to perform labor in the United States, or a prostitute, or a woman or girl coming to the United States for the purpose of prostitution, or for any other immoral purpose, and that also, according to the best of his knowledge and belief, the information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect.

To be signed gECL 14. rphat the surgeon of said vessel sailing therewith shall by surgeon ; ° also &&* eacn of sai<l lists °r manifests and make oath or affirma- tion in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal exami- nation of each of said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessel. Incoming SEC. 15. That in the case of the failure of the master or corn- passengers manding officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof, as re- quired in sections twelve, thirteen, and fourteen of this Act, he Penalty of shall pay to the collector of customs at the port of arrival the $10 ; sum of ten dollars for each alien concerning whom the above in-

Outgoing formation is not contained in any list as aforesaid : Provided, That passengers in the case of failure without good cause to deliver the list of pas- sengers required by section twelve of this Act from the master or Penalty of commanding officer of every vessel taking alien passengers out of the United States, the penalty shall be paid to the collector of cus- finesSm>tetoaex^ toms at tne P°rt of departure and shall be a fine of ten dollars for ceed $100. each alien not included in said list ; but in no case shall the aggre- gate fine exceed one hundred dollars.

inspection: SEC. 16. That upon the receipt by the immigration officers at any port of arrival of the lists or manifests of incoming aliens pro- ve?sel -b ° a vided for in Actions twelve, thirteen, and fourteen of this Act, it shall be the duty of said officers to go or to send competent assist- ants to the vessel to which said lists or manifests refer, and there inspect all such aliens, or said immigration officers may order a temporary removal of such aliens for examination at a designated Landing for, time and place, but such temporary removal shall not be consid- not actual ere(j a landing, nor shall it relieve the transportation lines, mas- ters, agents, owners, or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which, in case such aliens remain on board, would, under the provisions of this Act, bind the said transportation lines, If placed in masters, agents, owners, or consignees: Provided, That where a station, immi- suitable building is used for the detention and examination of gration officers a]jens fne immigration officials shall there take charge of such aliens, and the transportation companies, masters, agents, owners, and consignees of the vessels bringing such aliens shall be relieved of the responsibility for their detention thereafter until the return of such aliens to their care.

Medical exam- gEc. 17. That the physical and mental examination of all arriv- ination: .ng aijens ghall be made by medical officers of the United States

To be made Public Health and Marine-Hospital Service, who shall have had by P. H. and M. at least two years' experience in the practice of their profession H. surgeons ; sjnce receiving the degree of doctor of medicine and who shall certify for the information of the immigration officers and the boards of special inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any such alien, or, should medical officers of the United States Public Health and Marine-Hospital Service be not avail- able, civil surgeons of not less than four years' professional ex- perience may be employed in such emergency for such service,

The Immigration Situation in Canada. 151

upon such terms as may be prescribed by the Commissioner-Gen- Medical ex-

eral of Immigration under the direction or with the approval an

of the Secretary of Commerce and Labor. The United States

Public Health and Marine-Hospital Service shall be reimbursed P-H. and M.

by the Immigration Service for all expenditures incurred inbe' reimbursed

carrying out the medical inspection of aliens under regulations for surgeons'

of the Secretary of Commerce and Labor. salaries.

SEC. 18. That it shall be the duty of the owners, officers, or Unlawful agents of any vessel or transportation line, other than those landing : railway lines which may enter into a contract as provided in section thirty-two of this Act, bringing an alien to the United States to prevent the landing of such alien in the United States at any time or place other than as designated by the immigration officers, and the negligent failure of any such owner, officer, or agent to comply with the foregoing requirements shall be deemed a misdemeanor and be punished by a fine in each case of not less than one hundred nor more than one thousand dollars or by im- prisonment for a term not exceeding one year, or by both such Penalty for ; fine and imprisonment ; and every such alien so landed shall be ... f

deemed to be unlawfully in the United States and shall be de- aiiensso land- ported as provided in sections twenty and twenty-one of this Act. ed.

SEC. 19. That all aliens brought to this country in violation of Deportation: law shall, if practicable, be immediately sent back to the country whence they respectively came on the vessels bringing them. By vessel The cost of their maintenance while on land, as well as the ex- bringing ; pense of the return of such aliens, shall be borne by the owner or cost of, and owners of the vessels on which they respectively came ; and if of detention, miy master, person in charge, agent, owner, or consignee of any \°a^s]jj£neon> such vessel shall refuse to receive back on board thereof, or on panies ; board of any other vessel owned or operated by the same interests, such aliens, or shall fail to detain them thereon, or shall refuse Penalty for or fail to return them to the foreign port from which they came, ^ilure to hoM, or to pay the cost of their maintenance while on land, or shall maintain ;' make any charge for the return of any such alien, or shall take Penalty for any security from him for the payment of such charge, guchtak*ngsecur^y' master, person in charge, agent, owner, or consignee shall be deemed guilty of a misdemeanor and shall, on conviction, be punished by a fine of not less than three hundred dollars for each and every such offense ; and no vessel shall have clearance from any port of the United States while any such fine is un- paid: Provided, That the Commissioner-General of Immigration, witnesses: with the approval of the Secretary of Commerce and Labor, may suspend, upon conditions to be prescribed by the Commissioner- Authority to General of Immigration, the deportation of any alien found to hold ; have come in violation of any provision of this Act, if, in his judgment, the testimony of such alien is necessary on behalf of the United States Government in the prosecution of offenders against any provisions of this Act : Provided, That the cost of Cost paid maintenance of any person so detained resulting from such sus-f r o m immi- pension of deportation shall be paid from the " immigrant fund " srant fund, but no alien certified, as provided in section seventeen of this Act, Hospital to be suffering from tuberculosis or from a loathsome or danger- treatment by ous contagious disease other than one of quarantinable nature sf0Pnes0f Psecre-" shall be permitted to land for medical treatment thereof in anytary: hospital in the United States, unless with the express permission Of those of the Secretary of Commerce and Labor: Provided, That upon tSbercufos il'or the certificate of a medical officer of the United States Public loathsome 01= Health and Marine-Hospital Service to the effect that the health dangerous dis- or safety of an insane alien would be unduly imperiled by im- ease< mediate deportation, such alien may, at the expense of the " im- Insan® allens: migrant fund," be held for treatment until such time as such treSmen? ex> alien may, in the opinion of such medical officer, be safely pense i'mmi- deported. grant fund.

79520°— VOL 40—11 11

152 The Immigration Commission.

Deportation: SEC. 20. That any alien who shall enter the United States in Unl a w f u 1 violation of law, and such as become public charges from causes residents and existing prior to landing, shall, upon the warrant of the Secre- pubiic charges ; tary of Commerce and Labor, be taken into custody and deported to the country whence he came at any time within three years How expense after the date of his entry into the United States. Such deporta- of, to be borne, tion, including one-half of the entire cost of removal to the port of deportation, shall be at the expense of the contractor, procurer, or other person by whom the alien was unlawfully induced to enter the United States, or, if that can not be done, then the cost of removal to the port of deportation shall be at the expense of the " immigrant fund " provided for in section one of this Act, and the deportation from such port shall be at the expense of the owner or owners of such vessel or transportation line by which such Bond: aliens respectively came: Provided, That pending the final dis-

posal of the case of any alien so taken into custody he may be ens release(i under a bond in the penalty of not less than five hundred dollars with security approved by the Secretary of Commerce and Labor, conditioned that such alien shall be produced when re- quired for a hearing or hearings in regard to the charge upon which he has been taken into custody, and for deportation if he shall be found to be unlawfully within the United States. Deportation: SEC. 21. That in case the Secretary of Commerce and Labor Of aliens sub- sna11 De satisfied that an alien has been found in the United States ject thereto ; in violation of this Act, or that an alien is subject to deportation under the provisions of this Act or of any law of the United States, he shall cause such alien within the period of three years after landing or entry therein to be taken into custody and re- turned to the country whence he came, as provided by section Penalty twenty of this Act, and a failure or refusal on the part of the against vessels masters, agents, owners, or consignees of vessels to comply with deDorffonawar0 tne or<ier of tne Secretary of Commerce and Labor to take on rant. " board, guard safely, and return to the country whence he came

any alien ordered to be deported under the provisions of this Act shall be punished by the imposition of the penalties prescribed in Attendants section nineteen of this Act: Provided, That when in the opinion for deported Of tne Secretary of Commerce and Labor the mental or physical condition of such alien is such as to require personal care and attendance, he may employ a suitable person for that purpose, who shall accompany such alien to his or her final destination, and the expense incident to such service shall be defrayed in like manner.

Commissioner- SEC. 22. That the Commissioner-General of Immigration, in General: addition to such other duties as may by law be assigned to him,

shall, under the direction of the Secretary of Commerce and La- ' bor, have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and em- ployees appointed thereunder. He shall establish such rules and regulations, prescribe such forms of bond, reports, entries, and other papers, and shall issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss. To make con- and shall have authority to enter into contract for the support ofaCafiens ^elief and relief of such aliens as may fall ino distress or need public aid; all under the direction or with the approval of the Secre- To detail offl- tary of Commerce and Labor. And it shall be the duty of the gate t(p uTfi c pommissioner-General of Immigration to detail officers of the charges; immigration service from time to time as may be necessary, in

his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institutions (public and private) of the several States and Territories, the District of Columbia, and other territory of the United States and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become pub-

The Immigration Situation in Canada. 153

lie charges: Provided, That the Commissioner-General of Immi- Commissioner- gration may, with the approval of the Secretary of Commerce and "odetail offi- Labor, whenever in his judgment such action may be necessary cers abroad, to accomplish the purposes of this act, detail immigration officers, and also surgeons, in accordance with the provisions of section seventeen, for service in foreign countries.

SEC. 23. That the duties of the commissioners of immigration Commission- shall be of an administrative character, to be prescribed in detail el by regulations prepared, under the direction or with the approval Duties of. of the Secretary of Commerce and Labor.

SEC. 24. That immigrant inspectors and other immigration offi- Employees: cers, clerks, and employees, shall hereafter be appointed arid their Appointing compensation fixed and raised or decreased from time to time by and promoting, the Secretary of Commerce and Labor, upon the recommendation of the Commissioner-General of Immigration and in accordance with the provisions of the civil-service Act of January sixteenth, eighteen hundred and eighty-three : Provided, That said Secretary, Contract labor in the enforcement of that portion of this Act which excludes con- laws: tract laborers, may employ, without reference to the provisions special pro- of the said civil service Act, or to the various Acts relative to the vision for en- compilation of the official register, such persons as he may deem forcement of. advisable and from time to time fix, raise, or decrease their com- pensation. He may draw from the "immigrant fund" annually fifty thousand dollars or as much thereof as may be necessary, to be expended for the salaries and expenses of persons so employed and for expenses incident to such employment ; and the account- ing officers of the Treasury shall pass to the credit of the proper disbursing officer expenditures from said sum without itemized account whenever the Secretary of Commerce and Labor certifies that an itemized account would not be for the best interests of the Government: Provided further, That nothing herein contained Commission- shall be construed to alter the mode of appointing commissioners ers: of immigration at the several ports of the United States as pro- Appointing, vided by the sundry civil appropriation Act approved August eighteenth, eighteen hundred and ninety-four, or the official status of such commissioners heretofore appointed. Immigration officers immigration shall have power to administer oaths and to take and consider offlcer8 : evidence touching the right of any alien to enter the United States, power and and, where such action may be necessary, to make a written rec- authority of ; ord of such evidence; and any person to whom such an oath has False swear- been administered under the provisions of this Act who shall ing before, per- knowingly or wilfully give false evidence or swear to any false Jury statement in any way affecting or in relation to the right of any alien to admission to the United States shall be deemed guilty of perjury and be punished as provided by section fifty-three hundred and ninety-two, United States Revised Statutes. The decision of challenging any such officer, if favorable to the admission of any alien, shall be decision of. subject to challenge by any other immigration officer, and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investiga- tion. Every alien who may not appear to the examining immi- Boards of spe- grant inspector at the port of arrival to be clearly and beyond a "D" tailing doubt entitled to land shall be detained for examination in rela- aliens for ; tion thereto by a board of special inquiry.

SEC. 25. That such boards of special inquiry shall be appointed Appointing; by the commissioner of immigration at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such ports under the provisions of law. Each board shall consist of three members, who shall be selected from such of the immigrant officials in the service as the Com- missioner-General of Immigration, with the approval of the Sec- retary of Commerce and Labor, shall from time to time designate as qualified to serve on such boards: Provided, That at ports Other officials where there are fewer than three immigrant inspectors, the Sec- ' retary of Commerce and Labor, upon the recommendation of the

154 The Immigration Commission.

Boards of spe- Commissioner-General of Immigration, may designate other United

Authority of States officials for service on such boards of special inquiry. Such

' boards shall have authority to determine whether an alien who

has been duly held shall be allowed to land or shall be deported.

Hearings be- All hearings before boards shall be separate and apart from the

fore, private, public, but the said boards shall keep a complete permanent rec-

ord of their proceedings and of all such testimony as may be

produced before them ; and the decision of any two members of a

board shall prevail, but either the alien or any dissenting member

Appeals: of the said board may appeal through the commissioner of immi-

. gration at the port of arrival and the Commissioner-General of

taking1;116 Immigration to the Secretary of Commerce and Labor, and the

Decision on, taking of such appeal shall operate to stay any action in regard

based solely to the final disposal of any alien whose case is so appealed until

upon original the receipt by the commissioner of immigration at the port of ar-

rival of such decision, which shall be rendered solely upon the

Unless taken, evidence adduced before the board of special inquiry : Provided,

decision of of- That in every case where an alien is excluded from admission

a ' into the United States, under any law or treaty now existing or

hereafter made, the decision of the appropriate immigration of-

ficers, if adverse to the admission of such alien, shall be final,

Not allowed unless reversed on appeal to the Secretary of Commerce and

in cases reject- Labor ; but nothing in this section shall be construed to admit of

ed under sec- any appeal in the case of an alien rejected as provided for in sec-

tion ten of this Act.

Bonds: SEC. 26. That any alien liable to be excluded because likely to

become a public charge or because of physical disability other

Landing un- than tuberculosis or a loathsome or dangerous contagious dis-

In'what cases ease may, if otherwise admissible, nevertheless be admitted in

permissible ; the discretion of the Secretary of Commerce and Labor upon the

giving of a suitable and proper bond or undertaking, approved by

said Secretary in such amount and containing such conditions as

he may prescribe, to the people of the United States, holding the

United States or any State, Territory, county, municipality, or

district thereof harmless against such alien becoming a public

charge. The admission of such alien shall be a consideration for

Bringing tne giving of such bond or undertaking. Suit may be brought

suits upon. thereon in the name and by the proper law officers either of the

United States Government or of any State, Territory, district,

county, or municipality in which such alien becomes a public

charge.

SEC. 27. That no suit or proceeding for a violation of the pro- visions of this Act shall be settled, compromised, or discontinued Com promis- without the consent of the court in which it is pending, entered ing, etc. ; of record, with the reasons therefor.

f SEC. 28. That nothing contained in this Act shall be construed

act? ^ot*1"™? to affect any prosecution, suit, action, or proceedings brought,

fected hereby, or any act, thing, or matter, civil or criminal, done or existing

at the time of the taking effect of this Act; but as to all such

prosecutions, suits, actions, proceedings, acts, things, or matters

the laws or parts of lawrs repealed or amended by this Act are

hereby continued in force and effect.

SEC. 29. That the circuit and district courts of the United and°distSrict*Cnit States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provi- Jurisdiction. sions of this Act.

SEC. 30. That all exclusive privileges of exchanging money, " r e transporting passengers or baggage, or keeping eating houses,

and all other like privileges in connection with any United States How grant- immigrant station, shall be disposed of after public competition, subject to such conditions and limitations as the Commissioner- General of Immigration, under the direction or with the approval of the Secretary of Commerce and Labor, may prescribe: Pro- Proceeds vided, That no intoxicating liquors shall be sold in any such paidminto° in? immigrant station; that all receipts accruing from the disposal migrant fund, of such exclusive privileges as herein provided shall be paid into

The Immigration Situation in Canada. 155

the Treasury of the United States to the credit of the " immigrant fund " provided for in section one of this Act.

SEC. 31. That for the preservation of the peace and in order p«acc officers : that arrests may be made for crimes under the laws of the States Admission to and Territories of the United States where the various immigrant stations, stations are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper state and municipal officers charged with the enforcement of such laws, and for the purpose of this section the jurisdiction of such officers and of the local courts shall extend over such stations.

SEC. 32. That the Commissioner-General of Immigration, under Commissioner- the direction or with the approval of the Secretary of Commerce General : and Labor, shall prescribe rules for the entry and inspection of To make aliens along the borders of Canada and Mexico, so as not to unnec- tmctsa?orC°in cessarily delay, impede, or annoy passengers in ordinary travel s pec t ion on between the United States and said countries, and shall have land bounda* power to enter into contracts with transportation lines for the said ries- purpose.

SEC. 33. That for the purpose of this Act the term " United " u ,n l * e d States " as used in the title as well as in the various sections of ht this Act shall be construed to mean the United States and any Meaning of waters, territory, or other place subject to the jurisdiction thereof, term- except the Isthmian Canal Zone: Provided, That if any alien Canal Zone: shall leave the Canal Zone and attempt to enter any other place under the jurisdiction of the United States, nothing contained in al{ensef^^n °f this Act shall be construed as permitting him to enter under any other conditions than those applicable to all aliens.

SEC. 34. That the Commissioner-General of Immigration, with Commissioner: the approval of the Secretary of Commerce and Labor, may ap- point a commissioner of immigration to discharge at New Orleans, f f Louisiana, the duties now required of other commissioners of leans, immigration at their respective posts.

SEC. 35. That the deportation of aliens arrested within the Deportation United States after entry and found to be illegally therein, pro- vided for in this Act, shall be to the trans-Atlantic or trans-Pacific ports from which said aliens embarked for the United States ; or, ports ; if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory.

SEC. 36. That all aliens who shall enter the United States except Of aliens en- at the seaports thereof, or at such place or places as the Secretary J Jfjyf l of Commerce and Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this Act: Provided, That nothing contained in this section shall affect Ports of entry: the power conferred by section thirty-two of this Act upon the .

Commissioner-General of Immigration to prescribe rules for the n{i^ on lam! entry and inspection of aliens along the borders of Canada and borders. Mexico.

SEC. 37. That whenever an alien shall have taken up his per- Admission: manent reidence in this country, and shall have filed his declara- tion of intention to become a citizen, and thereafter shall send for Of diseased his wife or minor children to join him, if said wife or any of said ^ii^e^St children shall be found to be affected with any contagious dis- alien who has order, such wife or children shall be held, under such regulations declared inten- as the Secretary of Commerce and Labor shall prescribe, until citizen, it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained; and if it shall be determined that the disorder is easily curable or that they can be permitted to land without danger to other persons, they shall, if otherwise admissible, thereupon be admitted.

SEC. 38. That no person who disbelieves in or who is opposed Anarchists: to all organized government, or who is a member of or affiliated Not to be ad_ with any organization entertaining and teaching such disbelief mitted ; in or opposition to all organized government, or who advocates or

156 The Immigration Commission.

Anarchists: teaches the duty, necessity, or propriety of the unlawful assault- ing or killing of any officer or officers, either of specific indi- viduals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, shall be permitted to enter the United States or any territory or place subject to the jurisdiction thereof. This section shall be enforced by the Secretary of Commerce and Labor under such rules and regulations as he shall prescribe.

Penalty for That any person who knowingly aids or assists any such person assisting to en- to enter the United States or any territory or place subject to the jurisdiction thereof, or who connives or conspires with any per- son or persons to allow, procure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of Commerce and Labor shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both.

immigration gEC. 39. That a commission is hereby created, consisting of three Senators, to be appointed by the President of the Senate,

How appoint- and three members of the House of Representatives, to be ap- ed; pointed by the Speaker of the House of Representatives, and three persons, to be appointed by the President of the United States. Said commission shall make full inquiry, examination, and investigation by subcommittee or otherwise into the subject

Authorityof immigration. For the purpose of said inquiry, examination, and investigation, said commission is authorized to send for per- sons and papers, make all necessary travel, either in the United States or any foreign country, and, through the chairman of the commission or any member thereof to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary clerical and other assist- ance. Said commission shall report to the Congress the conclu- sions reached by it and make such recommendations as in its

Expenses of, judgment may seem proper. Such sums of money as may be how paid. necessary for the said inquiry, examination, and investigation are hereby appropriated and authorized to be paid out of the " immi- grant fund " on the certificate of the chairman of said commission, including all expenses of the commissioners and a reasonable compensation, to be fixed by the President of the United States, for those members of the commission who are not members of

international Congress; and the President of the United States is also author- Conference: ized, in the name of the Government of the United States, to call,

President au- in his discretion, an international conference, to assemble at such

thnrig ^of0 ar~ point as may be agreed upon, or to send special commissioners to

any foreign country, for the purpose of regulating by international

Purpose of. agreement, subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States ; of providing for the mental, moral, and physical examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign governments in their own terri- tories to prevent the evasion of the laws of the United States governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immi- gration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulat-

Inf or mat ion ing any matters pertaining to such immigration.

dl Establish- SEC- 40- Authority is hereby given the Commissioner-General of

ment of ; " Immigration to establish, under the direction and control of the

Secretary of Commerce and Labor, a division of information in

the Bureau of Immigration and Naturalization ; and the Secretary

Duties and of Commerce and Labor shall provide such clerical assistance as authority of. may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. Correspondence shall be had with the proper officials of the States and Territories, and said division shall gather from all available

The Immigration Situation in Canada. 157

sources useful information regarding the resources, products, and information physical characteristics of each State and Territory, and shall di publish such information in different languages and distribute the publications among all admitted aliens who may ask for such in- formation at the immigrant stations of the United States and to such other persons as may desire the same. When any State or state agents: Territory appoints and maintains an agent or agents to represent andstationing it at any of the immigrant stations of the United States, such at ports ; agents shall, under regulations prescribed by the Commissioner- Courtesies General of Immigration, subject to the approval of the Secretary ' of Commerce and Labor, have access to aliens who have been ad- mitted to the United States for the purpose of presenting, either orally or in writing, the special inducements offered by such State or Territory to aliens to settle therein. While on duty at any Control of. immigrant station such agents shall be subject to all the regula- tions prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labor, may, for violation of any such regulations, deny to the agent guilty of such violation any of the privileges herein granted.

SEC. 41. That nothing in this Act shall be construed to apply Foreign offl- to accredited officials of foreign governments nor to their suites, Exempted families, or guests. from provisions

SEC. 42. It shall not be lawful for the master of a steamship or nefeof-d t other vessel whereon immigrant passengers, or passengers other navigation °act? than cabin passengers, have been taken at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage ; that is to say, in a steamship, the compartments or spaces, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow for each and every passenger carried or brought therein eighteen clear superficial feet of deck allotted to his or her use, if the compartment or space is located on the main deck or on the first deck next below the main deck of the vessel, and twenty clear superficial, feet of deck allotted to his or her use for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel : Provided, That if the height between the lower passenger deck and the deck immediately above it is less than seven feet, or if the apertures (exclusive of the side scuttles) through which light and air are admitted together to the lower passenger deck are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, the ship shall not carry a greater number of passengers on that deck than in the proportion 'of one passenger to every thirty clear superficial feet thereof. It shall not be lawful to carry or bring passengers on any deck other than the decks above mentioned. And in sailing vessels, such passengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck house con- structed on the main deck ; and the compartment or space, unob- structed by cargo, stores, or goods, shall be of sufficient dimensions to allow one hundred and ten cubic feet for each and every pas- senger brought therein. . And such passenger shall not be carried or brought in any between decks, nor in any compartment, space, poop, or deck house, the height of which from deck to deck is less than six feet. In computing the number of such passengers car- ried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in any such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sea from any boat, raft, or otherwise, shall not be included in such computation. The master of a vessel

158 The Immigration Commission^

Amendatory of coming to a port or place in the United States in violation of either act* of the provisions of this section shall be deemed guilty of a misde- meanor; and if the number of passengers other than cabin pas- sengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as herein- before prescribed, the said master shall be fined fifty dollars for each and every passenger in excess of the proper number, and may also be imprisoned not exceeding six months.

This section shall take effect on January first, nineteen hun- dred and nine.

Repealing SEC. 43. That the Act of March third, nineteen hundred and three, being an Act to regulate the immigration of aliens into the United States, except section thirty-four thereof, and the Act of March twenty-second, nineteen hundred and four, being an Act to extend the exemption from head tax to citizens of Newfoundland entering the United States, and all Acts and parts of Acts in-

Exceptions. consistent with this Act are hereby repealed : Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent, nor to repeal, alter, or amend sec- tion six, chapter four hundred and fifty-three, third session Fifty- eighth Congress, approved February sixth, nineteen hundred and five, or, prior to January first, nineteen hunded and nine, section one of the Act approved August second, eighteen hundred and eighty-two, entitled "An Act to regulate the carriage of passengers by sea."

When effective. gEC. 44. That this Act shall take effect and be enforced from and after July first, nineteen hundred and seven : Provided, how- ever, That section thirty-nine of this Act and the last proviso of section one shall take effect upon the passage of this Act and section forty-two on January first, nineteen hundred and nine. Approved February 20, 1907. (34 Stat, pt. 1, 898.)

THE IMMIGRATION SITUATION IN AUSTRALIA.

159

THE IMMIGRATION SITUATION IN AUSTRALIA,

There has been a steady immigration movement to the British colonies of Australasia since the earliest days of their settlement. Previous to the formation of the Australian Commonwealth in 1901, however, the extent of immigration from overseas is not definitely shown, because the various colonies did not distinguish between transoceanic immigration and the constant movement of population that went on among the colonies. It is well known, however, that in every period by far the greater part of the immigration to the Australian states from across the seas has come from the United Kingdom and the white population of the Commonwealth is funda- mentally British.

AUSTRALIA'S IMMIGRATION POLICY.

Since the federation in 1901 immigration has become a national question and its regulation has been within the Commonwealth. The immigration policy of the Commonwealth, however, is similar to that pursued by the separate colonies, which in general was the exclusion of Asiatics and Pacific Islanders, and the preservation and development of a "white Australia."

The immigration problem in Australia is that of a vast unde- veloped land, the only districts which are at all well populated with whites being a fringe of country along the coast.

With an area of 2,974,581 square miles Australia had in 1907 a population of only 4,197,022, while the continental United States with a land area of 2,974,159 square miles, had in 1900 a population of about 76,000,000. The total area and the number of acres alien- ated, in process of alienation, leased or licensed, and unoccupied, in each Australian state, in 1907, are shown in the following table:

TABLE 1. The extent of settlement in Australia in 1907, by States. [Compiled from the Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908.]

States.

Number of acres.

Per cent of total acres.

Total.

Alien- ated.

In process of aliena- tion.

Leased or licensed.

Unoccupied.

Alien- ated.

In proc- ess of alien- ation.

Leased or li- censed.

Un- occu- pied.

New South Wales.. Queensland

198,638.080 429,120,000 578,361,600 16, 777, 600 56,245,760 624,588,800

33,921,508 14,924,417 8. 789, 339 4,805.697 22,940,143 3,969,965

16,565,225 4,778,908 1,134,424 796, 725 4,488,346 9,100,041

126,081,293 264,219,200 205,961,813 1,432,917 16,632,965 160,205,944

22,070,054 145,197,475 362.476,024 9, 742, 261 12,184,306 451,312,850

17.1 3.5 1.5

28.6 40.8 .6

8.3 1.1 .2 4.7 8.0 1.5

63.5 61.6 35.6 8.5 29.6 25.6

11.1 33.8 62.7 58.1 21.7 72.3

South Australia. . . Tasmania

Victoria

Western Australia. Total

1,903,731,840

89,351,069

36,863,669

774,534,132

1,002,982,970

4.7

1.9

40.7

52.7

161

162 The Immigration Commission.

It will be noted that of the total area of the Commonwealth 52.7 per cent remained unoccupied in 1907. Only 4.7 per cent has been entirely alienated, 1.9 per cent being in process of alienation, and 40.7 per cent being leased or licensed. The largest proportion of land entirely alienated is in Victoria; Tasmania and New South Wales also have relatively large proportions of area entirely alienated. On the other hand, in Victoria less than 1 per cent has been alienated, while 72.3 per cent remains unoccupied. Both in South Australia and Tasmania considerably more than one-half the total area of the State remained unoccupied in 1907.

In order to induce settlers to take up unoccupied land the govern- ment allows them to purchase the freehold by the payment of small half-yearly installments upon liberal terms. Advances for improving their holdings are also made in all the States except Tasmania. Even with such liberal inducements, however, the movement of settlers from overseas is not great, and some of the States continue to induce immi- gration by paying the passage wholly or in part of persons desiring to settle on the land or to engage in farm or dairy work, or work of a similar nature. Such assistance is also afforded to domestic servants and to other persons who can satisfy the agents-general of the Com- monwealth in London that they would make desirable settlers for Australia.0

ASSISTED IMMIGRATION.

The policy of assisting immigration has been vigorously pursued by the several colonies of Australasia for a greater part of the time since the early days of their settlement. This practice was prac- tically discontinued in Victoria in 1873, in South Australia in 1886, and in Tasmania in 1891. In 1887 it was discontinued in New South Wales, but with certain reservations which enabled that colony to assist a limited number of immigrants during the period 1888 to 1899. From 1900 to 1905 no assistance was given by that colony, but the practice was resumed in 1906. Queensland and Western Austra- lia have continually pursued the policy of assisted immigration.

The following figures show the total number of assisted immigrants that have come to the various States now comprising the Common- wealth of Australia up to the end of 1907 :&

New South Wales * 215,497

Victoria 140,229

Queensland 171, 473

South Australia 95, 348

West Australia 9, 452

Tasmania 21, 699

Total 653, 698

The immigrants mostly desired by Australia are agricultural set- tlers with small capital who will devote themselves to the develop- ment of the agricultural area, and also suitable immigrants with health and willingness to work on the land.0

a The Australian Commonwealth, 1908, p. 4G.

6 Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 376.

The Immigration Situation in Australia.

163

POPULATION AND EARLIER IMMIGRATION.

1788 1,030

1801 6,508

1811 11, 525

1821 35, 610

1831 79, 306

1841 206, 095

In 1788, 1,030 persons settled in New South Wales, the parent colony of Australia, and since that beginning immigration has been a very important factor in the growth of the population. This growth is shown in the following table, which gives the combined population, exclusive of aborigines, of the Australian colonies now forming the Commonwealth at various census periods:

Year. Population. Year. Population.

1851 403, 889

1861 1, 153, 973

1871 1, 668, 377

1881 2, 252, 617

1891 3, 183, 237

1901 3, 773, 248

The high rate of increase between 1831 and 1841 was due to the policy of state-aided immigration, which was vigorously pursued during that period. The rapid growth between 1851 and 1861 was largely due to the discovery of gold in Victoria and the consequent heavy immigration to that colony. Later the large gains in the populations of Queensland and Western Australia were also mainly the results of the large immigration attendant upon gold discoveries. In the following table is shown the population at the specified census periods of each colony now composing the Commonwealth :

TABLE 2. The population of Australasia, by colonies, at the specified census

periods.

[From The Seven Colonies of Australasia, 1901-2, p. 531.]

Colony.

1861.

1871.

1881.

189L

1901.

New South Wales. .

350, 860

503 981

751 468

1,132,234

1,354,846

Victoria

540 322

731 5?8

862 346

1 140 405

1 201 070

Queensland

30 059

120, 104

213,525

393, 718

496, 596

South Australia

126, 830

185,626

279, 865

320, 431

362, 604

Western Australia.

15,691

25, 353

29, 708

49, 782

184, 124

Tasmania

90 211

101 785

115 705

146 667

172, 475

Total

1 153 973

1 668 377

2 252 617

3,183 237

3, 771, 715

Previous to the formation of the Commonwealth in 1901, the im- migration records of the several colonies were kept separately, and while statistics are available to show the extent of the movement, in some of the colonies account was not taken of the destination of emigrants nor of the country of last residence of immigrants. It is impossible, therefore, to determine exactly what proportion of the immigration was intercolonial and what proportion was from over the sea. However, the table next submitted shows for various periods the increase of population in the several colonies by reason of the excess of immigration over emigration.

164

The Immigration Commission.

TABLE 3. The " net immigration " to Australasia for the five decennial periods ending 1900, and for the year 1901, by colonies.

[From The Seven Colonies of Australasia, 1901-1902, p. 535.]

Colony.

1851-1860.

1861-1870.

1871-1880.

1881-1890.

1891-1900.

1901.

New South Wales

123,097

45,539

109, 341

164,205

16, 167

a6,744

Victoria

398, 753

38,935

a 12, 672

112 097

a 108 795

o3,784

Queensland

(6)

68 191

73 849

101 525

17 247

3 974

South Australia

33,024

17, 949

34,569

ol7,004

o 16, 623

ol,596

Western Australia

7,187

5,891

o638

10 170

118, 592

11 541

Tasmania

6,767

o3,228

o 1,427

5,572

o73

o 1,875

o Included in New South Wales.

& Denotes excess of emigrants.

During the 11 years ending 1901 there was a decided decline in "net immigration." Western Australia alone seemed to continue to attract a large number of immigrants, the excess arrivals in that State from 1891 to 1900 being 118,592.

The figures show very clearly the attractive force of the gold dis- coveries: In 1851-1860 the rush to Victoria; in 1861-1870 the cur- rent turned to New Zealand; in 1881-1890 to Queensland; and in 1891-1900 to western Australia.

IMMIGRATION SINCE 1901.

The following table shows the number of immigrants of various nationalities admitted to the Australian Commonwealth in the years 1902 to 1908, inclusive :

TABLE 4. Nationality of persons admitted to the Commonwealth of Australia,

1902 to 1908, inclusive.

[The Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 1106.]

Nationality.

1902.

1903.

1904.

1905.

1906.

1907.

1908.

1902- 1908.

Europeans:

647

809

930

683

691

651

736

5 147

Belgians

14

20

20

25

33

64

45

227

British

35,330

35,061

39, 026

39, 975

47 396

60 172

64 374

321 334

Danes ...

52

94

103

125

259

280

227

1,140

Dutch

45

30

26

43

91

94

120

449

French

1.011

1,390

2,076

1,402

1,866

1,685

1,546

10, 976

Oerrn?».n<i .

1,162

1,028

823

926

1,339

1,909

1,911

9,098

Greeks

268

210

194

121

240

202

296

1 531

Italians

1,181

793

814

734

839

992

902

6,255

Poles

9

8

8

13

5

6

22

71

4'

5

2

3

6

5

25

Roumanians

10

12

22

Russians

100

148

122

157

293

388

349

1 557

Scandinavians

221

382

320

281

776

1,173

825

3,978

Spaniards

32

53

27

35

32

86

57

322

Swiss

55

20

79

63

68

78

78

441

Turks

12

13

3

8

6

4

46

Not specified

1,121

7

17

18

29

112

1 304

Americans- North Americans

471

561

563

603

867

889

687

4,641

South Americans

6

6

12

15

10

49

Negroes .

7

10

13

16

4

9

4

63

French Creoles

1

1

West Indians

8

10

6

4

13

23

64

Asiatics: Chinese

1,336

986

848

1,269

1,134

1,424

1,771

8,768

Japanese

521

559

461

251

356

521

555

3,224

Malays

321

526

469

289

436

370

230

2,641

Other Asiatics

254

144

638

359

322

274

174

2 165

Miscellaneous: Pacific Islanders

1,117

1,098

193

98

156

121

89

2,932

Papuans .

93

145

552

415

368

493

430

2,496

Others

32

21

20

34

34

38

67

246

Total .•

45,501

44,130

48,338

47, 943

57,646

71,988

75,660

391,207

The Immigration Situation in Australia.

165

As in colonial times, recent immigration to Australia is mainly British, 82.1 per cent of the 391,207 persons included in the foregoing table being of that nationality. Moreover, British immigration to Australia increased rapidly during the period considered. In 1902 it was 35,330, and in 1908 it had increased to 64,374. No other nationality comes in any considerable numbers; the French being second with 10,976 during the seven years considered; the Germans third with 9,098. Among the Asiatic immigrants the Chinese led with 8,767, during the period under consideration.

Except in the case of the British, data are not available to show the geographical sources of the immigration above considered. Of the British, however, only a little more than one-fourth are recorded as coming to Australia from the United Kingdom; the remainder being from New Zealand and other British colonies.

The following table shows the total number of immigrants who arrived from all British countries from 1904 to 1907, inclusive, and the per cent that were from the United Kingdom, New Zealand, and other British possessions:

TABLE 5. Immigration to Australia from British countries, 1904 to 1907, in- clusive.

[Complied from statistics furnished by the Australian Minister of External Affairs.]

Calendar year.

Total number from British countries.

From United King- dom.

From New Zea- land.

From all other Brit- ish countries.

Number.

Per cent of total.

Number.

Per cent of total.

Number.

Per cent of total.

1904

37,807 40,381 45,678 59,376

9,811 10,594 12,674 17, 194

26.0 26.2 27.7 29.0

18,555 20.317 22,145 27,425

49,1 50.3 48.5 46.2

9,441 9,470 10,859 14,757

25.0 23.5 23.8 24.9

1905

1906

1907

The British character of Australian immigration is due partly to the efforts that have been made in British countries. At one period New South Wales voted £5,000 for the dispatch to Great Britain and Ireland of agents for the purpose of inducing immigration,0 and also during the later periods of assisted immigration, the propa- ganda was confined to British sources.6

Another factor in determining the character of Australian immi- gration has been the great distance and the cost of transportation. These have deterred the peoples of southern and eastern Europe, who are in general less able to afford the trip.

a The Seven Colonies of Australasia, 1901-2, p. 13.

6 The Australian Commonwealth; Its Resources and Production, p. 50.

166

The Immigration Commission.

THE BRITISH ELEMENT IN AUSTRALIA S POPULATION.

The following table, based on the Australian census of 1901, shows how fundamentally British is the population of the commonwealth:

TABLE 6. The population of Australia, exclusive of aborigines, ~by birthplace,

1901.

[Compiled from the Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 159.]

Birthplace.

Number.

Per cent of total.

Birthplace.

Number .

Per cent of total.

Australia

2. 908, 303

77.1

America ... .

12,507

0.3

New Zealand

25,788

. 7

Polynesia...

10 363

3

United Kingdom ....

679, 159

18.0

At sea

5,203

. 1

Other European countries

74, 673

2.0

Unspecified .

7, 922

.2

Asia

47 014

1.3

Africa

2,869

. 1

Total. . .

3, 773, 801

100. 0

Of the 77.1 per cent of the population classed as native-born it is probable that nearly all were the descendants of British immigrants. Undoubtedly this is also true of those born in New Zealand. Con- sequently when these elements in the population are consolidated with persons born in the United Kingdom it will be seen that the population of the Commonwealth is essentially British by birth or descent.

IMMIGRATION BY SEX.

The following shows the immigration to Australia, by sex, for each calendar year from 1904 to 1906, inclusive :

TABLE 7. Immigration to Australia, by sex, 1904 to 1906, inclusive. [Compiled from statistics furnished by the Australian Minister of External Affairs.]

Calendar year.

Total number admitted.

Number.

Per cent.

Male.

Female.

Male.

Female.

1904

46,336 48,836 54,164

32,414 33,146 36,312

13,922 15,690 17,852

70.0

67.9 67.0

30.0 32.1 33.0

1905

1906

Total .

149, 336

101,872

47,464

68.2

31.8

In each year for which data are given more than two-thirds of the immigrants to Australia were males, which suggests that the move- ment to that country is largely one of individuals rather than the families. Among immigrants of white nationalities the proportion of females is somewhat larger than among Asiatics and Pacific Islanders, as is shown by the table next submitted.

The Immigration Situation in Australia.

167

TABLE 8. Immigration to Australia, by sex and oolor, 1904 to 1906, inclusive. [Compiled from statistics furnished by the Australian Minister of External Affairs.]

Class.

Total number.

Number.

Per cent.

Male.

Female.

Male.

Female.

White nationalities .

123,866 35,470

83,429 18, 443

40,437 7,027

67.4

72.4

32.6 27.6

31.8

Colored nationalities

Total

149,336

101, 872

47,464

68.2

IMMIGRATION BY AGE.

The following shows the immigration to Australia from 1904 to 1906, inclusive, by age:

TABLE 9. Immigration to Australia, ~by age groups, 1904 to 1906, inclusive. [Compiled from statistics furnished by the Australian Minister of External Affairs.]

Calendar year.

Total number.

Number.

Per cent.

Under 12 years of age.

Over 12

years of age.

Under 12 years of age.

Over 12 years of age.

1904

32, 414 33, 146 36, 312

1,985 2,062 2,809

30, 429 31,084 33,503

16.1 6.2

7.7

93.9 93.8 92.3

1905

1906

THE AUSTRALIAN IMMIGRATION LAW.

Prior to the federation the several colonies of Australia had re- stricted the immigration of Chinese and other Asiatic races and had also put a bar upon the admission of other persons who were unde- sirable for medical or economic reasons. Upon the formation of the Commonwealth, in 1901, the power to control immigration and emi- gration was conceded to the Parliament of the Commonwealths

Acting under this authority, Parliament passed the immigration restriction act of 1901, which superseded the immigration laws of the several colonies. In 1905 the contract immigrants act was substituted for a clause of the act of 1901 which restricted the immigration of persons under contract, and the act was otherwise amended. The law of 1901 as amended by the two acts of 1905 is printed in full in the appendix of this report.6

Under the Australian law the following classes of persons are pro- hibited from entering the Commonwealth :

(1) Any person who fails to pass the dictation test; that is, who fails to write out not less than 50 words of a language prescribed by the regulation, when dictated to him by an officer administering the act.

0 Commonwealth Constitution Act, Chap. I, Pt. V, sec. 51, xxvii and xxviii. 6 Pp. 177-183.

79520°— VOL 40—11 12

168 The Immigration Commission.

(2) Any person likely to become a charge upon the public.

(3) Any idiot or insane person.

(4) Any person suffering from an infectious or contagious disease of a loathsome or dangerous character.

(5) Any person who has been convicted of an offense, other than a mere political offense, and has been sentenced to imprisonment for one year or longer and has not served his sentence or received a pardon.

(6) Any prostitute or person living on the prostitution of others. The act of 1901 provided that the dictation test should be in a

European language. The act of 1905 provided that a European language should continue to be used until regulations be passed pre- scribing the languages for the test. Such regulations have not been passed, so a European language continues to be employed. This test, however, has never been imposed upon European immigrants.0

The contract immigrants act, 1905, defines a contract immigrant as an immigrant to Australia under a contract or agreement to per- form manual labor in the Commonwealth. No such immigrant will be admitted to Australia except upon the following conditions: The contract must be in writing and must be made by or on behalf of a resident of Australia. ' Its terms must be approved by the minister of external affairs. It must not be made in contemplation of or with a view of affecting an industrial dispute. The minister must be satisfied that there exists a difficulty of obtaining a worker of equal skill and ability in the Commonwealth. This last provision does not apply to contract immigrants who are British subjects, either born in the United Kingdom or descended from persons, born there. The terms of the contract must offer to the immigrants advantages equal to those of local workers. This act does not apply to domestic ser- vants and personal attendants accompanying their employers to Australia.5

Nine hundred and seventy-two contract immigrants, distributed among the following nationalities, were admitted to Australia in 1907: British, 731; Spaniards, 107; Scandinavians, 80; Austrians, 41 ; Germans, 13.

Excepting 47 of the British and the 13 Germans, these were all agricultural laborers brought in for the Queensland sugar industry, 571 being contracted for by the Queensland Government and 341 by the Colonial Sugar Refining Co.c

Although the immigration law of the Commonwealth embodies a plan of rigid exclusion, it bears heavily only on a small per cent of immigrants. There are two clauses in it which permit discrimination in favor of immigrants who are desired. Section 3 provides that " any person possessed of a certificate of exemption in force for the time being in the form in the schedule, signed by the minister or by any officer appointed under this act, whether within or with- out the Commonwealth," may enter Australia even though he is one

0 The Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 1105.

6 Ibid., No. 2, 1901-1908, p. 1073. c Ibid., No, 2, 1901-1908, p. 1074.

The Immigration Situation in Australia.

169

of the prohibited classes. This certificate shall be good only for a specified period. No statistics of. the number of exemption certifi- cates issued are available.

Even greater elasticity is given to the law by section 4 A, which allows the minister for external affairs to make an arrangement with the Government of any country regulating the admission to the Com- monwealth of the subjects or citizens of that country whereby the subjects and citizens of that country shall not be required to pass the dictation test. The arrangement must be sanctioned by resolutions of both Houses of the Parliament.

PENALTY FOB EVASION OF THE LAW.

Section 5 of the immigration restriction act provides as follows :

1. Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may, if at any time thereafter he is found within the Commonwealth, be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this act

2. Any immigrant may at any time within one year after he has entered the Commonwealth be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this act.

A prohibited immigrant offending against the act is liable to " im- prisonment for not more than six months, and in addition to or substi- tution for such imprisonment shall be liable pursuant to any order of the minister to be deported from the Commonwealth."

REJECTION OF ARRIVING IMMIGRANTS.

The following table shows the number of immigrants admitted with or without the educational test and the number to whom admis- sion was refused:

TABLE 10. Persons admitted or refused admission to the Australian Common- wealth, 1902 to 1908, inclusive.

[Compiled from the Official Year Book of the Commonwealth of Australia, No. 2, 1901-

1908, p. 1106.]

Year.

Number admitted who passed educational test.

Number admitted without educational test.

Number refused admittance.

1902

33

45 486

653

1903

13

44. 117

152

1904

1

48, 337

117

1905

3

47 940

106

1906

57, 646

53

1907

71 988

62

1908

1

75,660

108

Total

51

391,156

1,251

It will be seen that the proportion of immigrants to Australia to whom admission is refused is relatively small. The table next sub- mitted compares the number of immigrants admitted and rejected in 1908 under the Australian, Canadian, and United States laws.

170

The Immigration Commission.

TABLE 11. Total number of immigrants admitted and, rejected under the Aus- tralian, Canadian, and United States laws in the year 1908.

[Compiled from the Official Year Book of the Commonwealth of Australia, reports of Superintendent of Imigration, Canada, and reports of United States Commissioner General of Immigration.]

Country.

Admitted.

Rejected.

Proportion rejected.

Australia (calendar vear)

75, 661

108

1 to 701

Canada (vear ending Mar 31)

262 469

1 002

1 to 262

United Slates (year ending June 30)

782,820

10 907

1 to 72

The comparatively small proportion of immigrants refused admis- sion to Australia is due to the fact that such a large part of those who seek admission are British, and to immigrants of that nationality there is practically no bar, the immigrants to whom admission is refused being almost entirely Asiatics. The following figures for recent years indicate the nationality of the rejected immigrants and the grounds upon which the rejections were based.

TABLE 12. Immigrants refused admission to the Commonwealth of Australia, by race, 1902 to 1907, inclusive.

[Compiled from Parliamentary Papers of Australia.]

Race.

1902.

1903.

1904.

1905.

1906-a

1907.

1902-1907.a

African (black)

2

2

Afghan

1

1

Algerian

2

2

American, White

2

2

American Negro

2

2

1

1

6

Arab

8

1

2

11

Armenian

1

4

i

2

2

British

3

2

1

6

1

1

Cape Verde Islander

13

8

10

i

32

Chaldean

2

2

Chinese

459

99

78

79

31

746

Chilian

2

3

5

Cingalese

5

6

1

3

15

Danes

2

2

East Indian

1

1

6

6

Filipino

1

9

7

17

French

1

6

1

g

German

4

1

5

Greek

5

4

9

Hindu

11

5

4

1

2

23

Italian

6

1

7

17

2

19

Kurd

3

3

Madeira islander . - -

4

4

Malay

1

4

3

8

Maori

2

2

1

3

4

Pacific Islander

14

3

17

Papuan

1

1

Portuguese

5

1

6

Russian

1

1

Seychelle Islander

1

1

South African (black)

29

1

30

South Sea Islander

22

5

27

Spanish

4

1

5

Syrian

5

1

1

7

21

21

West Indian

9

5

2

16

Others

2

2

Total

653

152

117

106

53

62

H,143

a Data not available, by race, for 1906. & Including 53 for whom detailed information is not available*

The Immigration Situation in Australia.

171

TABLE 13. Immigrants refused admission to the Commonwealth of Australia, "by race and cause of rejection, 1902 to 1907, inclusive.*

[Compiled from Parliamentary Papers of Australia.]

Race.

Failed to pass dictation test.

Likely to become a public charge.

Insane.

Criminal.

Total.

African (black)

2

2

Afghan

1

Algerian

2

2

American, White

2

2

American, Negro

6

6

Arab

H

H

Armenian

5

5

Austrian

2

2

British

4

2

6

Burmese.

1

1

Cape Verde Islanders. .

32

32

Chaldean

2

2

Chinese.

746

746

Chilian

5

5

Cingalese..

15

15

Danes

2

2

East Indian...

1

1

Egyptian

6

6

Filipino

17

17

French

6

1

1

8

German

4

1

5

Greek

9

9

Hindoo

21

2

23

Italian

6

1

7

Japanese

19

19

Kurd

3

3

Madeira Islander

4

4

Malay

g

8

Maori

2

2

Mamitian

4

4

Pacific Islander

17

17

Papuan

1

1

Portuguese

1

5

.

6

Russian

1

1

Seychelle Islander

1

1

South African...

30

30

South Sea Islander

25

2

27

Spanish

5

5

Syrian

7

7

Tonquinese

21

21

West Indian

16

16

Others

2

2

Total

1 034

50

5

al

1,090

a Not including 53 excluded in 1906, for whom data are not available.

It will be noted that the immigrants rejected were nearly all of the Asiatic races, and that of these all but two were refused admis- sion because of failure to pass the dictation test, the exceptions noted being Hindus, both of whom were turned back because of the likeli- hood that they would become public charges. The latter cause also accounts for the rejection of nearly all the Europeans who failed to gain admission. During the whole period considered five persons were rejected for insanity, one for criminality, and none for disease.

CHINESE IMMIGRATION.

During the last 50 years the most vital phase of the Australian immigration situation has been the exclusion of Asiatics. The colo- nies have fought this immigration by entrance fees and fines, limita- tions of the number of passengers to a given tonnage of ships, edu- cational tests, and absolute prohibition.

172 The Immigration Commission.

There were Chinese in Queensland as early as 1848, but the number of persons of that race in all Australia was inconsiderable up to the rush to the Victorian gold fields in 1851. The influx of Chinese at that time was the immediate cause of the adoption of a vigorous exclusion by all the colonies. In 1855 Victoria enacted a law pro- viding that no ship should bring more than 1 Chinese to each 10 tons of its tonnage and that a shipmaster must deposit £10 with the collector of customs for each Chinaman brought.0 South Aus- tralia, New South Wales, and Queensland soon afterwards enacted similar legislation. Under these laws the exclusion of the Chinese became so effective that after several years they were repealed in Victoria and New South Wales.

In 1880, however, the Chinese movement again became the subject of even more drastic legislation. New South Wales, Victoria, South Australia, and Tasmania6 decreed that every Chinaman must pay an entrance tax of £10 and that a ship might bring only 1 person of that race to every 100 tons of its tonnage. Queensland in 1884 raised the entrance fee to £30 and allowed 1 to 50 tons.

These measures were only temporarily effective, and another crisis was reached in 1888, in which year the colonies conferred and agreed to adopt more stringent measures. New South Wales fixed the entrance fee for Chinese at £100 each and permitted ships to bring only 1 Chinese to each 300 tons of the tonnage. The restrictions in the other colonies were made almost equally severe. Following these enactments there was a rapid decrease in the number of Chinese immigrants. At the same time there were small beginnings of other Asiatic immigration which was considered equally as undesirable as the Chinese. The result was that in the few years preceding the federation the colonies adopted the policy of imposing upon all im- migrants an educational test in a European language. This meas- ure proved an effectual barrier to the Asiatics, and the same provision was embodied in the Commonwealth immigration restriction act of 1901, which, slightly amended, is still operative.

"Annals of the American Academy, vol. 24, p. 212. 6 Tasmania adopted this regulation in 1887.

The Immigration Situation in Australia.

ITS

CHINESE IN AUSTRALIA.

The following table shows the number of Chinese in the various Australian colonies in census years since 1861 :

TABLE 14. Number of Chinese in Australia in census years, 1861 to 1901. [From A Statistical Account of Australia and New Zealand, 1903-4, p. 173.]

State.

1861

1871

1881

1891

1901

New South Wales

12.988

7,220

10,205

14,156

11 263

Victoria

24, 732

17, 935

12,128

9,377

6,956

Queensland . . ...

538

3,305

11, 229

8,574

9,313

South Australia

40

(a)

4,151

3 997

3 455

Western Australia

(a)

145

917

1,569

Tasmania *

(a)

844

1,056

609

Total . . ....

38,298

(0)

38,702

b 38, 077

b 33,165

a No data.

b Includes half-castes.

THE PACIFIC ISLANDERS.

Kanakas, black laborers, recruited from the Pacific Islands, were introduced in Queensland about 1865 for the cultivation of sugar cane.0 As early as 1868 an attempt was made to prohibit the traffic in this class of labor, but the only measures enacted were to regulate the recruitment of laborers and contracts with them. The traffic grew and the greater part of the field work on the sugar plantations of that colony was done by the Kanakas.

In 1892 the Pacific laborers' (extension) bill was passed in Queens- land, and in spite of the protests of white laborers Polynesian Kanaka laborers were again employed for the cultivation of sugar cane.&

In 1901 the Commonwealth Parliament passed the Pacific Island laborers' act, which aimed to abolish the employment of Kanakas. It provided that only a limited number of Pacific Islanders should be admitted to the Commonwealth before March 31, 1904, and that after that date none would be permitted to enter. No contract could be made with those already in the Commonwealth after December 31, 1906. Any Pacific Islander found in the Commonwealth after the latter date would be liable to deportation.0

To protect the sugar planters who had been the employers of this labor a tariff was put on foreign sugar; while the sugar-bounty act of 1905 and the bounties act of 1908 provided that a bounty should be paid on sugar grown or produced by white labor.d

0 A Statistical Account of the Seven Colonies of Australasia, 1901-2, p. 82. 6 A Statistical Account of Australia 'and New Zealand, 1903-4, p. 380. c A Statistical Account of the Seven Colonies of Australasia, p. 89. <* The Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 1074.

174

The Immigration Commission.

The following figures show the number of Pacific Islanders in the various states of the Commonwealth at the census of 1901 :

TABLE 15. The number of Pacific Islanders in Australia in 1901, by States. [Compiled from A Statistical Account of Australia and New Zealand, 1903-4, p. 17 A.]

State.

Number of

Pacific Islanders.

New South Wales..

Victoria

Queensland

South Australia

Western Australia. .

467 2

9,327 2 31

Total for Commonwealth.

The following table shows the number of Pacific Islanders who arrived and departed in Queensland from 1893 to 1903 :

TABLE 16. The arrivals and departures of Pacific Islanders from Queensland during the specified years.

[Compiled from A Statistical Account of Australia and New Zealand, 1903^4, p. 381.]

Years.

Arrivals.

Depar- tures.

Years.

Arrivals.

Depar- tures.

1893

1,211

1,282

1899

1 522

903

1894 .

1,859

803

1900

1,743

940

1895

1,305

743

1901

1 726

874

1896....

782

608

1902

1,139

1 775

1897

934

884

1903.

1 037

1 065

1898

1,178

693

APPENDIX.

THE AUSTRALIAN IMMIGRATION LAW.

175

APPENDIX. THE AUSTRALIAN IMMIGRATION LAW.

THE COMMONWEALTH OF AUSTRALIA.

THE IMMIGRATION RESTRICTION ACT, 1901 (No. 17 OF 1901), AS AMENDED BY THE IMMIGRATION RESTRICTION AMENDMENT ACT, 1905 (No. 17 OF 1905)° AND BY THE CONTRACT IMMIGRANTS ACT, 1905 (No. 19 OF 1905. )&

AN ACT To place certain restrictions on Immigration and to provide for the removal from the Commonwealth of prohibited immigrants.

Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commomvealth of Australia, as follows:

1. This act may be cited as the immigration restriction act, 1901.°

2. In this act, unless the contrary intention appears, " officer " means any officer appointed under this act, or any officer of customs, or any member of the police force of a State ; " the minister " means the minister for external affairs.

3. The immigration into the Commonwealth of the persons described in any of the following paragraphs of this section (hereinafter called "prohibited im- migrants") is prohibited, namely: (a) any person who fails to pass the dicta- tion test that is to say, who, when an officer dictates to him not less than 50 words in any prescribed d language, fails to write them out in that language in the presence of the officer; no regulation prescribing any language or lan- guages shall have any force until it has been laid before both Houses of the Parliament for thirty days and, before or after the expiration of such thirty days, both Houses of the Parliament, by a resolution, of which notice has been given, have agreed to such regulation ; ( & ) any person likely, in the opinion of the minister or of an officer, to become a charge ui>on the public or upon any public or charitable institution; (c) any idiot or insane person; (d) any per- son suffering from an infectious or contagious disease of a loathsome or dan- gerous character; (e) any person who has been convicted of an offense, not being a mere political offense, and has been sentenced to imprisonment for one year or longer therefor, and has not served his sentence or received a pardon ; (/) any prostitute or person living on the prostitution of others.

*******

But the following are excepted: (h) Any person possessed of a certificate of exemption in force for the time being in the form in the schedule, signed by the minister or by any officer appointed under this act whether within or with-

a Assented to Dec. 21, 1905 ; proclaimed to commence Feb. 1, 1906.

6 Assented to Dec. 21, 1905.

c The immigration restriction act, 1901, and the immigration restriction act, 1905, may together be cited as the immigration restriction acts, 1901-1905. (See act No. 17, 1905, sec. 1.)

d Section 5 of the immigration restriction amendment act, 1905, is as follows : " 5. Until a regulation prescribing any language or languages under section three of the principal act as amended by this act shall come into force, any language authorized by section three of the principal act before the commence- ment of this act shall be deemed to be a prescribed language within the meaning of that section as so amended."

177

178 The Immigration Commission.

out the Commonwealth; (i) members of the King's regular land or sea forces; (;) the master and crew of any public vessel of any Government; (fc) the master and crew of any other vessel landing during the stay of the vessel in any port in the Commonwealth : Provided, That the master shall, upon being so required by any officer and before being permitted to clear out from or leave the port, muster the crew in the presence of an officer ; and if it is found that any person, who, according to the vessel's articles was one of the crew when she arrived at the port, and who would, in the opinion of the officer, be a pro- hibited immigrant but for the exception contained in this paragraph, is not present, then such person shall not be excepted by this paragraph, and until the contrary is proved shall be deemed to be a prohibited immigrant and to have entered the Commonwealth contrary to this act; (I) any person duly accredited to the Government of the Commonwealth by the Imperial or any other Govern- ment or sent by any Government on any special mission.

*******

4. A certificate of exemption shall be expressed to be in force for a specified period only, and may at any time be canceled by the minister by writing under his hand.

Upon the expiration or cancellation of any such certificate, the person named therein shall, if found within the Commonwealth, be deemed to be a prohibited immigrant offending against this act, and may be deported from the Common- wealth pursuant to any order of the minister : Provided, That in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners agents or charterers.

4o. (1) If the minister notifies by notice in the Gazette that an arrangement has been made with the Government of any country regulating the admission to the Commonwealth of the subjects or citizens of that country, the subjects or citizens of that country shall not, while the notice continues to have effect, be required to pass the dictation test.

(2) The minister shall not issue any such notice until the arrangement has been sanctioned by resolution of both Houses of the Parliament.

(3) Any such notice shall cease to have effect upon the minister notifying, by notice in the Gazette, that it is canceled.

4&. (1) Any person who has resided in Australia for a period or periods in the aggregate of not less than five years, and who is about to depart from the Commonwealth, may in manner prescribed apply to an officer authorized in that behalf for a certificate in the prescribed form excepting him, if he returns to the Commonwealth within the period limited in the certificate, from the pro- visions of paragraph (a) of section three of this act.

(2) The officer may in his discretion give the certificate on payment of the prescribed fee, or, without assigning any reason, withhold it.

(3) Where the minister is satisfied that a certificate given under this sec- tion has been obtained by any untrue statement of fact or intention, the minister may revoke the certificate, which shall thereupon be taken to be of no effect, and shall on demand be delivered up to the minister.

(4) A person to whom a certificate under this section has been issued (which certificate has not been revoked) shall not, on his return to the Commonwealth within the time limited by the certificate, if he produces and delivers the cer- tificate to an officer, be required to pass the dictation test.

5. (1) Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may if at any time thereafter he is found within the Commonwealth be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this act.

(2) Any immigrant may at any time within one year after he has entered the Commonwealth be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this act.

(3) In any prosecution under the last preceding subsection, the averment of the prosecutor contained in the information that the defendant has entered the Commonwealth within one year before his failing to pass the dictation test shall be deemed to be proved in the absence of proof to the contrary.

6. Any prohibited immigrant within the meaning of paragraph (a) only of section three may if thought fit by an officer be allowed to enter the Common- wealth or to remain within the Commonwealth upon the following conditions : (a) He shall on entering the Commonwealth or on failing to pass the dicta- tion test, deposit with an officer the sum of one hundred pounds; (6) he shall

The Immigration Situation in Australia. 179

within thirty days after depositing such sum obtain from the minister a certificate of exemption in the form of the schedule, or depart from the Commonwealth, and thereupon the deposit shall be returned ; but otherwise the deposit or any part thereof may be forfeited and he shall be deemed to be a prohibited immi- grant offending against this act : Provided, That in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners agents or charterers.

7. Every prohibited immigrant entering or found within the Commonwealth in contravention or evasion of this act shall be guilty of an offense against this act, and shall be liable upon summary conviction to imprisonment for not more than six months, and in addition to or substitution for such imprisonment shall be liable pursuant to any order of the minister to be deported from the Com- monwealth : Provided, That the imprisonment shall cease for the purpose of de- portation, or if the offender finds two approved sureties each in the sum of fifty pounds for his leaving the Commonwealth within one month.

8. Any person who is not a British subject either natural born or naturalized under a law of the United Kingdom or of the Commonwealth or of a State, and who is convicted of any crime of violence against the person, shall be liable, upon the expiration of any term of imprisonment imposed on him therefor, to be required to pass the dictation test, and if he fails to do so shall be deemed to be a prohibited immigrant and shall be deported from the Commonwealth pur- suant to any order of the minister.

9. The master, owners, agents, and charterers of any vessel from which any prohibited immigrant enters the Commonwealth contrary to this act shall be guilty of an offense against this act, and be jointly and severally liable on sum- mary conviction to a penalty of one hundred pounds for each prohibited immi- grant so entering the Commonwealth.

10. (1) The minister, or any collector of customs specially empowered by him, may by writing under his hand authorize any officer to detain any vessel from which any prohibited immigrant has, in the opinion of the officer, entered the Commonwealth contrary to this act; and the vessel may then be detained either at the place where she is found, or at any place to which the minister or collector may order her to be brought. The minister or such collector shall forthwith give notice to the owner or agent of the vessel of the detention of such vessel.

(2) For the purposes of the detention and other lawful dealing with the vessel the officer so authorized shall be entitled to obtain such writ of as- sistance or other aid as is provided under any law relating to the customs with respect to the seizure of vessels or goods.

(3) The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the minister or the collector be given by the master, owners, agents, or charterers of the vessel for the payment of any penalty which may be adjudged under this act to be paid for the offense or default.

(4) If default is made in payment of any such penalty, the officer may seize the vessel ; and the like proceedings shall thereupon be taken for forfeiting and condemning the vessel as in the case of a vessel seized for breach of any law relating to the customs, and the vessel shall be sold.

(5) The proceeds of the sale shall be applied first in payment of the penalty and of all costs incurred in and about the sale and the proceedings leading thereto, and the balance shall be paid to the owners of or other persons law- fully entitled to the vessel before condemnation and sale.

12. (1) Any person who in any way willfully assists any other person to contravene or attempt to contravene any of the provisions of this act, or makes or authorizes any contract or agreement the performance of which would be a contravention of this act, shall be guilty of an offense against this act.

(2) Any person who makes or authorizes such contract or agreement shall be liable to the Commonwealth for any expense incurred by the Commonwealth in respect of any immigrant prohibited by reason of the contract or agreement.

13. Any person who is willfully instrumental in bringing or attempting to bring into the Commonwealth any prohibited immigrant within the meaning of paragraphs (6), (c), (d), or (/) of section three of this act contrary to this act shall, in addition to any other penalty, be liable to the Commonwealth for any expense in respect of the maintenance of the prohibited immigrant whilst within the Commonwealth,

180 The Immigration Commission.

13a. The master, owners, agents, or charterers of a vessel in which a prohib- ited immigrant, or a person who under section three or section five of this act becomes a prohibited immigrant, comes to the Commonwealth, shall, on being required in writing by any collector of customs so to do, without charge to the Commonwealth, provide a passage for the prohibited immigrant to the place whence he came, and shall also be liable to pay to the Commonwealth for the State a fair sum to recoup the State for the cost of keeping and main- taining the prohibited immigrant while awaiting his deportation from Australia.

136. The master of a vessel on which a prohibited immigrant, or a person reasonably supposed to be a prohibited immigrant, is, may, with the necessary assistance, prevent the prohibited immigrant from entering the Commonwealth from the vessel in contravention of this act.

14. Every member of the police force of any State and every officer may with any necessary assistance prevent any prohibited immigrant, or person reasonably supposed to be a prohibited immigrant, from entering the Common- wealth, and may take all legal proceedings necessary for the enforcement of this act.

14a. Every member of the police force of any State and every officer may, without warrant, arrest any person reasonably supposed to be a prohibited immigrant offending against this act, and no person shall resist or prevent such arrest.

15. Subject to any act relating to the public service, the Governor General may appoint officers for carrying out this act, and may prescribe their duties.

16. (1) The Governor General may make regulations for carrying out this act and for empowering officers to determine whether any person is a pro- hibited immigrant.

(2) All such regulations shall be notified in the Gazette, and shall thereupon have the force of law.

(3) All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament.

17. The minister shall cause to be made annually a return which shall be laid before Parliament, showing the number of persons refused admission into the Commonwealth on the ground of being prohibited immigrants, the nations to which they belong and whence they came, and the grounds on which admission was refused ; the number of persons who passed the test prescribed by paragraph (a) of section three, the nations to which they belong and whence they came; the number of persons admitted to the Commonwealth without being asked to pass the test, the nations to which they belong, and whence they came.

18. Where no higher penalty is expressly imposed, a person guilty of any offense aganist this act, or against any regulation made thereunder, shall be liable on summary conviction to a penalty not exceeding fifty pounds, and in default of payment to imprisonment with or without hard labor for any period not exceding three months.

19. This act shall not apply to the immigration of Pacific Island laborers under the provisions of the Pacific Island laborers acts, 1880-1892, of the State of Queensland.

SCHEDULE.

Commonwealth of Australia.

Immigration restriction act, 1901.

This is to certify that of , aged years, a [insert trade,

calling, or other description] is exempted for a period of from the date

hereof from the provisions of the immigration restriction act 1901.

Dated at , this day of , 190

Minister for External Affairs. [or as the case may be].

The Immigration Situation in Australia. 181

STATUTORY RULES.

1906.— No. 70. Provisional regulation under the Immigration restriction acts, 1901-1905.

I, the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulation under the immigration restriction acts, 1901-1905, should come into immediate operation, and make such regulation come into operation as a provisional regulation from this date. Dated this 8th day of August, 1906.

NORTHCOTE, Governor General. By his excellency's command :

ALFRED DEAKIN.

Regulation under the immigration restriction acts, 1901-1905.

5o. Where any person, not being a British subject either natural born or naturalized under a law of the United Kingdom or of the Commonwealth or a State, has been convicted of any crime of violence against the person, and has, upon the expiration of any term of imprisonment imposed on him therefor, been required to pass the dictation test, and has failed to do so, an officer may detain him in such custody for such time as is, under all the circumstances, reasonably necessary to enable a deportation order to be made by the minister.

Where the minister has made an order for the deportation of any such per- son, an officer may detain him in such custody and for such time as is reasonably necessary to enable him to be deported pursuant to the order, and may for that purpose convey him to any place of shipment and on board any ship.

1906.— No. 10. Provisional regulations under the immigration restriction acts, 1901-1905.

I, the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulations under the immigration restriction acts, 1901-1905, should come into immediate operation, and make the Regula- tions to come into operation as Provisional Regulations forthwith after the com- mencement of the immigration restriction amendment act 1905.

Dated this 23d day of January, 1906.

NORTHCOTE, Governor General.

By his excellency's command.

ALFRED DEAKIN.

Regulations under the immigration restriction acts, 1901-1905.

DEFINITION.

1. In these regulations " the act " means the immigration restriction act, 1901, as amended by the immigration restriction amendment act, 1905, and by the contract immigrants act, 1905.

POWERS AND DUTIES OF OFFICERS.

2. Except as provided in section 6 of the act, an officer shall not allow a prohibited immigrant to enter the Commonwealth.

3. For the purpose of medical examination, an officer may detain for a period not exceeding 24 hours, in such place and in such custody as he thinks fit, any person whom he reasonably supposes to be a prohibited immigrant within the meaning of paragraph (c) or (d) of section 3 of the act.

4. Any officer may, at any time, enter into or upon any vessel, other than a public vessel of any government, and may search, or cause a search to be made

182 The Immigration Commission.

in every part of the vessel for the purpose of determining whether any pro- hibited immigrant is on board.

5. Any person who claims to be excepted from the act, as being (a) possessed of a certificate of exemption, or (&) duly accredited to the Government of the Commonwealth, by the Imperial or any other Government, or sent by any gov- ernment on any special mission, shall, when required by an officer, produce the certificate or his credentials.

CERTIFICATE EXCEPTING FROM THE DICTATION TEST.

6. (1) Any person desiring a certificate under section 4 (ft) of the act may make application therefor in the form in schedule A to the collector of customs for the State in which he resides or to an officer authorized in that behalf by the minister.

(2) The applicant shall furnish to the collector, with his application, certifi- cates of character by at least two reputable citizens of the Commonwealth and four photographs of himself two of his full face and two of his profile.

(3) The certificate may be in the form of schedule B.

(4) The certificate shall be in duplicate, and one part shall be delivered to the applicant and the other part shall be retained.

(5) The fee for issue of the certificate shall be £2.

OFFENSES.

7. Every person shall answer all questions which are put to him by an officer and which are, in the opinion of the officer, necessary for determining whether he or any other person is a prohibited immigrant.

8. Any person who refuses to answer any question lawfully put to him by an officer, or who knowingly makes a false statement, either in answer to any such question or in applying to an officer for any certificate under the act or these regulations, or in connection with any such certificate, shall be guilty of an offense against these regulations.

9. Any person who, with intent to contravene or evade the act or these regu- lations, or without just cause or excuse, transfers or delivers up to any other person any certificate or credentials, referred to in the act or in these regula- tions, shall be guilty of an offense against these regulations.

10. Any person who, with intent to contravene or evade the act or these regu- lations, or without just cause or excuse, has in his possession (a) a certificate of exemption which does not belong to him, or (6) any certificate or credentials referred to in the act or in these regulations, and not belonging to him or (c) any such certificate or credential which is forced or false shall be guilty of an offense against these regulations.

DUTIES OF MASTERS.

11. The master of every vessel, other than a public vessel of any government, arriving at any port in the Commonwealth from parts beyond the Common- wealth, with any passengers on board for that port shall, before making entry at the customs, deliver to an officer a list of all such passengers, specifying, to the best of his knowledge, the name, the nationality and race, the place of ship- ment, and the calling and occupation of each such passenger; and he shall, if required by the officer, certify in writing that, to the best of his knowledge and belief, none of the passengers in the list (except as therein stated) is an idiot or insane person, or a person suffering from an infectious or contagious disease of a loathsome or dangerous character, or a person likely, by reason of any physical disability, to become a charge upon the public or upon any public or charitable institution.

12. The master of every vessel, other than a public vessel of any government, arriving at a port in the Commonwealth from parts beyond the Commonwealth, shall, if required by an officer, deliver to an officer a list showing the number and names of the crew and their nationality and race, and produce the vessel's articles.

13. The master of every vessel shall afford to an officer every facility for per- forming his duties, and shall answer all questions which are put to him by the officer, and which are, in the opinion of the officer, necessary for determining whether any person is a prohibited immigrant. And no person shall obstruct or hinder an officer in the carrying out of the act or of these regulations.

The Immigration Situation in Australia. 183

14. The approved sureties mentioned in section 7 of the act shall be such sureties as are approved by the minister or by a State collector of customs. The sureties shall enter into a bond, conditioned to become void if the immi- grant leaves the Commonwealth within one month.

REPEAL.

15. All regulations made under the immigration restriction act 1901 before the making of these regulations are hereby repealed, save as to anything law- fully done or any right, privilege, obligation, liability, or penalty acquired, accrued, or incurred thereunder.

NOTE. A person guilty of any offense against these regulations is, under section 18 of the act, liable upon summary conviction to a penalty not exceed- ing £50, and in default of payment imprisonment with or without hard labor for any period not exceeding three months.

SCHEDULE A.

Commonwealth of Australia. Immigration restriction acts, 1901-1905.

SIR: I beg to apply for a certificate under the immigration restriction acts, 1901-1905, section 4 (&), and regulations, and I forward herewith a statutory declaration in support of my application:

I wish to visit for months. I attach certificates of

my character, and four photographs of myself (two full face and two profile).

If my application is granted, please intimate the fact to me at the above address.

I have the honor to be, sir, your obedient servant,

The COLLECTOR, H. M. CUSTOMS,

(NOTE. The statutory declaration should set out the length of residence in Australia, and should verify all documents accompanying the application, and should be in the form required by the law of the State in which it is made. )

SCHEDULE B.

Commonwealth of Australia.

Immigration restriction acts, 1901-1905.

Certificate excepting a person from being required to pass the dictation test.

I, _, , the collector of customs for the State of in the said Common- wealth, hereby certify that hereinafter described, who is leaving the

Commonwealth temporarily, will be excepted from the provisions of paragraph (a) of section 3 of the act if he returns to the Commonwealth within a period of from this date.

Date ,

Collector of Customs.

Description : Nationality ; birthplace ; age ; complexion

; height ; hair ; build ; eyes ; particular

marks

(For impression of hand see back of this document.)

Photographs ; full face ; profile

Date of departure ; destination ; ship „, ,

Date of return ; ship ; port

Customs Officer. 79520°— VOL 40—11 13

THE IMMIGRATION SITUATION IN NEW ZEALAND.

185

THE IMMIGRATION SITUATION IN NEW ZEALAND,

The immigration situation in the British Dominion of New Zealand is similar to that in the Commonwealth of Australia, the problem of the colony being the encouragement of British immigration and the exclusion of the Chinese. The area of New Zealand, including the Cook and other outlying islands, is estimated at 104,751 square miles, or a little more than the area of the State of Colorado.

New Zealand was established as a colony in 1840 and in 1907 it was proclaimed as a dominion. In earlier years the population growth was slow, and in 1861 there were less than 100,000, exclusive of aborigines, in the islands. Subsequent to the latter year there was a rapid increase in this class of the population, as will be seen from the following figures:

1861__ 99,021

1871 .• 256,393

1881 489,933

1891 626,658

1901 772, 719

1906 888, 578

CHARACTER OF THE POPULATION.

The population, exclusive of aborigines, by nativity, in 1906, was as follows :

TABLE 1. Population of New Zealand, exclusive of aborigines, by birthplace,

April 29, 1906.

[From the New Zealand Official Year Book, 1907, p. 146.]

Birthplace.

Number.

Per cent.

Australasia

653 783

73 61

United Kingdom

208 931

23 53

Other British possessions

4,280

.48

Other foreign countries.

19 867

2 24

At sea

1 245

14

Not specified.

472

.01

Total

888, 578

100 00

It will be noted from the above table that 97.62 per cent of the population of New Zealand was born in Australasia, the United Kingdom, or other British possessions. As the native-born people of Australasia are for the most part of British descent, it appears the population of the colony is essentially British. The Maoris, or original inhabitants of New Zealand, numbered only 47,731 in 1906, and the Chinese only 2,570 in the same year. Consequently New Zealand is essentially a " white man's country."

187

188

The Immigration Commission.

SOURCES AND EXTENT OF IMMIGRATION.

As in the case of other parts of Australasia, immigration has been largely responsible for the growth of population in New Zealand, the " net immigration " or excess of immigration over emigration, by decades, from 1851 to 1900 being as follows :

1851-1860 44, 742

1861-1870 118, 637

1871-1880 132, 976

1881-1890 9, 453

1901-1910 27, 211

Immigration to New Zealand in recent years has been largely a movement of population from Australia, although a considerable number from the United Kingdom have been admitted annually. This movement is shown by the following table :

TABLE 2.ss^Immigration to New Zealand, 1901 to 1908, inclusive, by country of

last permanent residence.

[Compiled from Official Year Books of New Zealand.]

Year.

Total immigra- tion.

Number from—

Per cent from—

Aus- tralia.

United King- dom.

All other coun- tries.

Aus- tralia.

United King- dom.

All other coun- tries.

1901

25,086 30,293 30,883 32,632 32,685 39,233 36,108 44,970

19,923 22,526 25,888 26, 110 25,132 28,699 26,916 31,769

2,563 3,474 3,547 4,654 5,553 8,293 7,449 11,348

2,600 4,293 3,200 1,868 2,000 2,241 1,743 1,853

79.4

74.4 83.8 80.0 76.9 73.2 74.5 70.6

10.2 11.5 11.5 14.3 17.0 21.1 20.6 25.2

10.4 14.2 10.4 5.7 6.1 5.7 4.8 4.1

1902

1903

1904

1905

1906

1907

1908 . . . .

Total (1901-1908)

271,890

206.963

46,881

18,046

76.1

17.2

6.6

It will be noted that more than three-fourths of the immigration to New Zealand from 1901 to 1908, inclusive, was from Australia, 17.2 per cent was from the United Kingdom, and only 6.6 per cent from all other countries.

However, although the great preponderance of immigration to New Zealand is from Australia, the following table, which shows the birthplace of recent immigrants, suggests that many of them origi- nally came from the United Kingdom.

TABLE 3. Immigration to New Zealand, by birthplace of the immigrants,

1901 to 1906.

Birthplace.

Number.

Per cent.

Australia

94, 579

34.8

United Kingdom

165 045

60.7

Other British countries..

1,002

.4

Other foreign countries

11 264

4.1

Total

571 890

100.0

The Immigration Situation in New Zealand. 189

SEX AND AGE OF IMMIGRANTS.

During the period of 1901-1908 the immigration movement to New Zealand was composed of 180,470 males and 91,420 females, indi- cating that the movement was largely one of individuals rather than families.

The fact that the movement to New Zealand is not largely one of families is further shown by the small proportion of children among the immigrants, as will be noted from the following table :

TABLE 4. Immigration to New Zealand, by age, 1901 to 1908. [Compiled from Official Year Books of New Zealand.]

Age.

Number.

Per cent.

Under 12 vears

28 981

10.7

12 years or over

242 909

89 3

Total

271 890

100 0

ORIENTAL IMMIGRATION.

In common with Australia, New Zealand has experienced an ori- ental immigration problem, and in 1907 the Dominion Parliament passed an act which required " that any Chinese proposing to land in .the Dominion shall be able to read a printed passage of not less than 100 words in the English language." This provision was incorpo- rated in the immigration restriction act of 1908.°

ASSISTED IMMIGRATION.

The policy of assisted immigration was discontinued by the Gov- ernment of New Zealand in 1890, and since that time there has been no free immigration. However, the Government still continued to arrange with the shipping companies for reduced fares for desirable settlers.5 The following statement shows the extent to which immi- gration was assisted prior to 1891.

TABLE 5.— The number of immigrants introduced into New Zealand wholly or partly at the expense of the State.

[Compiled from the Seven Colonies of Australasia, 1901-2, p. 535.]

Period.

Number.

Prior to 1881. 1881-1891 . . ,

14,658

Total.

115,578

0 The Official Year Book of New Zealand, 1909. "New Zealand Official Year Book, 1907, p. 125. c Exclusive of a number prior to 1870 of which no record can be found.

190 The Immigration Commission.

THE NEW ZEALAND IMMIGRATION LAW.

In 1899 New Zealand enacted a law designed to exclude undesirable immigrants. This act provides that it shall be unlawful for any per- sons included within the meaning of " prohibited immigrant " to land in the territory of New Zealand.

PROHIBITED IMMIGRANTS.

A " prohibited immigrant " is defined to be any idiot or insane person ; any person afflicted with a dangerous or loathsome contagious disease; any person arriving in New Zealand within two years after the termination of any imprisonment for an offense, not of a political nature, punishable in New Zealand by death or imprisonment for two or more years, and to whom no pardon was granted; or any person unwilling or unable and failing to write and sign in any European language an application for admission in the prescribed form, pro- vided he shall have the right of final appeal to a magistrate.

Exceptions.

Any person not diseased, criminal, insane, or an idiot, appearing to be a " prohibited immigrant," may lawfully land on condition that he deposit in advance, with an agent of the government, the sum of £100 sterling, and obtain, within fourteen days, an official certificate of exemption from the prohibition of the law. Upon specific com-, pliance with these regulations the deposit will be refunded, but in the absence of such compliance the deposit will be forfeited to the State as payment of the fine for landing as a prohibited immigrant.

Penalty.

Every " prohibited immigrant " unlawfully landing in New Zea- land is liable to a penalty of £100, removal from the State, and de- tention in prison or custody, not less than six months, pending re- moval from the country. Upon payment of £100 or upon securing two sureties of £50 each that he will leave the State within one month, he will be released from detention.

Liability.

If " prohibited immigrants " are transhipped from one vessel to another for the purpose of bringing them to New Zealand, both vessels will be liable to the prescribed penalty, and all vessels may be detained in port until the penalties imposed are paid.

Rights after conviction.

Upon conviction of any prohibited immigrant, and after a fine has been imposed, the court may order the time of payment extended to a period of three months, with sufficient security.

The Immigration Situation in New Zealand. 191

Removal.

For the removal of such immigrant a contract may be made for passage to the nearest port to his own country or to his original home; and, if destitute, sufficient money shall be supplied him for maintenance during thirty days after the end of his voyage.

THIRD PERSONS.

Every person is liable to a penalty of not over £100 who wilfully assists in any evasion or contravention of the law. And in addition to other penalties any person wilfully assisting an idiot or insane per- son to enter New Zealand shall be liable for the cost of maintenance of such person while in the State.

THE IMMIGRATION SITUATION IN ARGENTINA.

193

THE IMMIGRATION SITUATION IN ARGENTINA,

The Argentine Republic has an area of 1,135,840 English square miles, or about 726,940,000 acres. According to the last census, in 1895, the population was a little less than 4,000,000. It was estimated to have increased to 6,000,000 in 1907, giving an average population on that basis of a little more than five persons to the square mile. The arable land area is estimated to be 300,000,000 acres, of which 10,- 000,000 require irrigation. The total acreage under cultivation in 1907 was 36,000,000 acres, or about one-eighth of the cultivable area.

IMMIGRATION POLICY.

Argentina is rich in natural resources. In addition to its vast grain-producing possibilities, much of it is finely adapted to grazing, while its immense timber and mineral resources as yet have hardly been touched. The development of this vast, rich, sparsely settled country is waiting largely upon an adequate supply of settlers and laborers, and to this end the Government uses every means to foster foreign immigration, particularly that of farmers and farm laborers.

The encouragement of immigration is authorized in the constitu- tion of the Republic, which also guarantees to aliens the same civil rights enjoyed by citizens. The articles of the constitution relating to these matters are in part as follows :

ART. 20. Aliens shall enjoy in the territory of the nation the same civil rights as its citizens. They have full liberty to engage in all kinds of business, industrial, commercial, or professional, and are authorized to own, hold, and possess real estate, acquire it by purchase, inheritance, or any other legal means, and to sell or convey it to others. They are also allowed to navigate the rivers of the Republic, and along the coasts of the same, and to practice freely their own religion. They can dispose by will of the property of which they are possessed, provided that the disposition which they make is not in contraven- tion of the law of the country; and contract valid marriages, subject to the same proviso. They are entitled to obtain naturalization in the Republic if they so desire, upon application for that purpose and sufficient proof that they have resided continuously within the limits of the country for the period of two years; but this period may be shortened at the discretion of the proper authorities, at the request of the applicant, and upon proof that he rendered some service to the Republic.

ART. 25. The Federal Government shall promote and encourage European immigration. It shall have no power to restrict, to limit, or to burden with taxes or charges of any kind, the afflux to the territory of the Republic of any foreigners coming to it to cultivate its soil, to improve its industries, or to introduce and teach the sciences and arts.

Naturalized citizens are exempted from military service during the 10 years subsequent to their admission to citizenship. But this privilege may be waived by them if they wish, and in that case they may be allowed to render this service.

195

196

The Immigration Commission,

NATIONALITY OF IMMIGRANTS TO ARGENTINA.

The transoceanic immigration movement to the Argentine Re- public from 1863 to 1908, inclusive, and the immigration by way of Montevideo for the same period are shown by the following table :

TABLE 1. Immigration to Argentine Republic, 1863 to 1908, inclusive, by na- tionality.0

[Compiled from the Statistical Year Book of Argentina, 1906. Data for 1907-8 furnished by the Bureau of American Republics.]

Year.

Oversea immigration.

£*

S

W

G^>

Grand total.

•4

w

I |

1 K

French.

Germans.

j

Spaniards.

8

02

1

0

*3

2

1863 1864

87 67 89 94 71 92 121 67 50 62 187 156 93 136 57 901 1,760 879 490 672 1,056 1,329 1,982 1,015 2,498 2,333 4,225 1,918 263 552 685 440 549 963 1,768 593 950 2,024 2,742 2,135 1,378 2,237 5.346 4.277 3,439 2,551

51

61 56 68 44 86 43 27 22 39 145 48 38 74 83 75 78 57 140 183 385 175 973 479 839 3,201 8,666 762 241 146 233 248 211 318 207 149 139 117 117 148 174 206 263 230 209 239

164 219 213

418 526 744 892 453 694 968 1,612 1,036 1,288 834 808 789 783 588 1,149 826 891 ,021 ,104 ,682 ,038 ..426 5,967 1,108 272 224 273 385 329 429 562 632 477 421 784 709 560 734 1,368 1,690 1,659 1,879

397 426 513 609 991 1,223 1,465 2,396 1,988 4,602 7,431 5,654 2,633 2,064 1,996 2.025 2,149 2,175 3,612 3,382 4,286 5,031 4,752 4,662 7,036 17,105 27, 173 17,104 2,915 2,115 2,612 2,107 2,448 3,486 2.835 2,449 2,473 3,160 8, 193 6,571 2,491 2,902 3,475 3,698 4,125 3,823

83 97 117 122 185 215 202 148 155 269 793 392 354 231 303 397 490 445 591 ,128 ,388 ,261 ,546 ,131 ,333 ,536 2,599 1,271 83? 785 748 971 1,067 1,039 987 779 732 760 836 1.029 1,000 1,151 1,836 2,178 2,322 2,469

7,836 8,422 7,697 9,212 7,221 18,937 21,419 23,101 8,170 14,769 26,878 23,904 9,130 6,950 7,556 13,514 22,774 18,516 20,506 29,587 37,043 31,983 63,501 43,328 67, 139 75,029 88,647 39,122 15,511 27,850 37, 977 37,699 41,203 75,204 44,678 39,135 53,295 52,143 54,886 30,484 42,358 67,598 88,950 127,348 90,282 93,479

1,092 1,608 1,981 2,074 3,186 3,834 3,744 3,388 2,554 4,411 9,185 8,272 4,036 3,463 2,700 3,371 3,422 3,112 3,444 3,520 5,023 6,832 4,314 9,895 15,618 25,485 71, 151 13,560 4,290 5,650 7,100 8,122 11,288 18,051 18,316 18, 716 19,798 20,383 14, 778 12,218 21,917 39,851 53,029 79,517 82,606 125, 497

109 124 138 164 187 210 386 499 435 622 1,628 679 376 373 340 523 717 581 635 943 ,291 ,359 ,094 ,284 ,420 ,479 ,571 i959 352 364 546 516 465 679 390 261 343 355 363 267 272 339 576 503 486 665

589

658 963 935 814 578 686 819 558 466 523 533 584 407 832 2,029 544 290 864 800 1,109 632 1,352 2,179 1,977 2,677 8,745 2,011 3,590 2,287 1,893 4,232 3,666 2,504 3,235 4,416 6,235 5,488 7,428 4,431 5,077 10,549 22,274 33,095 23,975 25,108

10,408 11,682 11,767 13,696 13,225 25,919 28,958 30,898 14,626 26,208 48,382 40,674 18,532 14,532 14, 675 23,624 32, 717 26, 643 31,431 41,041 52, 472 49,623 80,618 65,655 98.898 ' 130,271 218, 744 77,815 28,266 39,973 52,067 54, 720 61,226 102, 673 72,978 67,130 84,442 84,851 90,127 57,992 75,227 125,567 177, 117 252,536 209,103 255,710

10,408 11,682 11,767 13,696 17,046 29,234 37,934 39,967 20,933 37,037 76,332 68,277 42,066 30,965 36,325 42,958 55,155 41,651 47,484 51,503 63,243 77,805 108,722 93, 116 120,842 155,632 260,909 110,594 52,097 73.294 84,420 80,671 80,988 135,205 105, 143 95,190 111,083 105,902 125,951 96,080 112,671 161,078 221,622 302,249 257,924 303, 112

1865... 1866

1867

3,821 3,315 8,976 9,069 6,307 10,829 27,950 27,603 23,534 16,433 21,650 19,334 22,438 15,008 16,053 10,462 10, 771 28,182 28, 104 27,461 21,944 25,361 42,165 32,779 23,831 33,321 32,353 25,951 19,762 32,532 32,165 28,060 26,641 21,051 35,824 38,088 37,444 35,511 44,505 49,713 48,821 47,402

1868

1869

1870

1871

1872

1873.

1874

1875 1876

1877 1878 1879

1880

1881

1882

1883

1884

1885 1886.

1887 1888 1889

1890

1891

1892 1893

1894

1895.

1896

1897 1898... 1899

1900

1901

1902.

1903 1904

1905

1906

1907

1908

Total....

55,379

20,493

42,628

196, 758

40,303

1,771,971

785,402

27,868

204,637

3, 145, 439

1,072,524

4,217,963

a The exact meaning ol the word "nationality" is not stated in the reports. It appears to mean either the country to which the immigrant owes allegiance or the race or people from which the immigrant is descended. The statement is made that "nationality" does not mean "country of embarkation."

The Immigration Situation in Argentina.

197

The per cent each nationality forms of the total " oversea " immi- gration is as follows :

TABLE 2. Oversea immigration to Argentine Republic, 1863 to 1908, inclusive, by nationality; per cent distribution.

[Compiled from the Statistical Year Book of Argentina for 1906. Data for 1907-8 were furnished by the Bureau of the American Republics.]

Nationality.

Number.

Per cent distri- bution.

Nationality.

Number.

Per cent distri- bution.

Austrians

55, 379

1.8

Spaniards

785,402

25.0

Belgians

20,493

.7

Swiss

27, 868

o

English

42,628

1.4

Others

204, 637

6.6

French

196 758

6 3

Germans

40 303

1 3

Total

3 145 439

100 0

Italians

1,771,971

56.3

The following table shows in greater detail the nationality of immigrants to Argentina in the years 1901-1908, inclusive :

TABLE 3. Immigration to the Argentine Republic, 1901 to 1908, inclusive, by

years and nationality.

[Compiled from the reports of the minister of agriculture, division of immigration, 1901-6. Data for 1907-8 furnished by the Bureau of American Republics.]

Nationality.

Year.

1901

1902

1903

1904

1905

1906

1907

1908

Africans

8 653

6 875 4 1,378 174 9

""198"

2 900

2 920

~"i,"675"

6 1,016

1

1,174

Argentines

609

Australians

Austrians

2,742 117 3 114 164

2,135 148 27 12 111

2,237 206

2,793 263 76 10 443 429 93 1 4 385 149 1,368

4,277 230 47 6 606 61 108 21 22 332 147 1,690

3,439 209

2,551 239 1 17 626 150 79 5 34 463 214 1,879

Belgians

Boers

Bolivians

17 319

28 482 442 94

Brazilians

Bulgarians

Chileans

53

39

45 3 11 139 72 560

52 2 7 172 139 734

Chinese ...

Cubans.

20

378 178 1,659

Danes

175 35 439

187 37 405 1

Dutch

English

Egyptians

Finlanders

148 3,698 2,178 945 1,843 127,348 26

2

4,125 2,322 500 1,220 90,282 16

6 3,823 2,469 232 934 93,479 28

French

2, 788 836 58

2,378 1,029 91

2,491 1,000 73

2,902 1,151 137

3,475 1,836 195 2, 553 88, 950 6

Germans

Greeks

Hungarians

Italians

58,314

32,314 10 6 17 27 83 132

42,358 18 3 7 23 132 93

67,598 2

Japanese

Kaffirs

Mexicans

13 33 134 134

9

300 170 341 56 30 32 2,083 258 8,560 21 125,497 62 665 9,111

Montenegrins

17

97 151

501 138 226

1,081 182 286 54 19 9 885 313 17, 424 92 79,517 64 503 7,177

450 180 393 66 5 23 1,118 223 9, 530 55 82,606 29 486

Moors

North Americans Norwegians

Paraguayans

9

2 156 471 2,086 4 18,066 18 363 2,159

6 21 141

283 1,753 4 13,911 21 267 1,671

62 18 202 25 1,429 80 21,917 24 272 1,450

6 19 518 128 4,393 23 39,851 38 339 3,226

12 13 674 662 10,078 29 53,029 47 576 7,085

Peruvians

Portuguese..

Roumanians

Russians

Servians

Spaniards

Swedes...

Swiss

Syrians

Turks.

7,436 85

Uruguayans

81

64

65 11

134 1

96

107 15

96 15

Venezuelans

Total. .

90,127

57,992

75,227

125,567

177,117

252,536

209, 103

255, 710

198

The Immigration Commission.

AGE AND SEX OF IMMIGRANTS.

The following table shows the age and sex of immigrants to the Argentine Republic from 1900 to 1908, inclusive, and also the number of each sex and age group who came singly or with families :

TABLE 4. Number of oversea immigrants to the Argentine Republic, by age and sex, with or without their families, 1903 to 1908, inclusive.

[Compiled from the Year Book of the City of Buenos Aires, 1903-1908.] WITH FAMILIES.

Male.

Age.

1903

1904

1905

1906

1907

1908

Under 1 year

493 3,731 2,329 2,186 2,923 2,454 2,768 349

1,026 6,159 4,281 3,475 5,198 4,080 4,316 443

1,599 8,631 6,104 4,918 7,489 5,729 5,952 643

2,121 13,100 9,027 7,178 9,556 7,626 8,319 893

1,643 10,052 7,271 5,258 6,684 5,378 5, .775 751

1,860 12,413 8,304 6,137 6,802 6,340 6,799 880

1 to 7 years

8 to 12 years

13 to 20 years

21 to 30 years

31 to 40 years

41 to 60 years. .

Over 60 years

Total

17,233

28,978

41,065

57,820

42,812

49,535

Under 1 year .

Female.

473 3,162 1,599 1,695 3,798 2,325 1,886 267

866 5,316 2,698 2,901 6,345 3,909 3,000 369

1,337 7,402 3,667 3,668 8,754 5,181 3,876 559

1,747 10, 747

5,381 5,995 12, 271 7,285 5,443 766

1,347 8,444 4,336 5,015 9,867 5,523 3,991 672

1,603 10,481 5,322 6,218 11,448 6,506 4,595 700

1 to 7 years

8 to 12 years .

13 to 20 years

21 to 30 years

31 to 40 years

41 to 60 years.

Over 60 years

Total

15, 205

25,404

34,444

49,635

39, 195

46, 873

Under 1 year

Total.

966 6,893 3,928 3,881 6,721 4,779 4,654 616

1,892 11, 475 6,979 6,376 11,543 7,989 7,316 812

2,936 16,033 9,771 8,586 16,243 10, 910 9,828 1,202

3,868 23,847 14,408 13. 173 21,827 14, 911 13,762 1,659

2,990 18, 496 11,607 10, 273 16,551 10,901 9,766 1,423

3,463 22,894 13, 626 12,355 18,250 12,846 11,394 1,580

1 to 7 years

8 to 12 years

13 to 20 years

21 to 30 years

31 to 40 years

41 to 60 years

Over 60 years

Total

32, 438

54,382

75,509

107,455

82,007

96,408

WITHOUT FAMILIES.

Male.

AKC.

1903

1904

1905

1906

1907

1908

13 to 20 years

6 191

10 840

16 101

26 271

25 613

31 284

21 to 30 years

15 897

27 534

40 609

56 485

47 371

58 709

31 to 40 years

7 979

13 137

19 671

26 567

20 748

27,224

41 to 60 years

6 312

9 255

12 744

18 817

14 837

17 782

Over 60 years

221

336

373

554

537

600

Total

36 600

61 102

89 498

128 694

109 106

135 599

The Immigration Situation in Argentina.

199

TABLE 4. Number of oversea immigrants to the Argentine Republic, by age and sex, with or without their families, 1903 to 1908, inclusive— Continued.

WITHOUT FAMILIES— Continued.

Female.

-ft-ge.

1903

1904

1905

1906

1907

1908

13 to 20 years

1,071 3,054 1,010 970

84

1,881 5,122 1,588 1,341 151

2,236 6,211 1,859 1,643 161

3,339 8,306 2,395 2,139 208

3,999 9,195 2,423 2,135 238

5,876 11,571 3,389 2,655 212

21 to 30 years

31 to 40 years

41 to 60 years .

Over 60 years

Total . .

6,189

10,083

12, 110

16,387

17,990

23,703

13 to 20 years

Total.

7,262 18,951 8,989 7,282 305

12, 721 32,656 14, 725 10,596

487

18,337 46,820 21, 530 14, 387 534

29,610 64,791 28, 962 20,956 762

29,612 56,566 23, 171 16,972

775

37,160 70, 280 30, 613 20,437 812

21 to 30 years

31 to 40 years

41 to 60 years

Over 60 years

Total

42, 789

71,185

101, 608

145, 081

127,096

159,302

OCCUPATIONS OF IMMIGRANTS.

The table which follows shows the occupations of immigrants to Argentina from 1901 to 1908, inclusive :

TABLE 5.— ^Oversea immigration to Argentina, 1901 to 1908, inclusive, by

occupation.

[Compiled from reports of the minister of agriculture, Argentina; the Boletino Nacional de Trabajo, and data furnished by the Bureau of American Republics.]

Year.

uccupauons.

1901

1902

1903

1904

1905

1906

1907

1908

Agriculturists

33, 992

17,883

25,004

44, 461

63,885

89, 732

60,213

76, 898

Apothecaries

48

30

36

62

50

86

78

97

Bakers

Barbers

386 242

202 118

273

126

359 192

457 274

881 558

738 482

931 591

Blacksmiths

535

228

252

471

752

1,439

1,060

1,154

Butchers

128

68

73

137

205

337

228

321

Carpenters Cattle breeders Clerks

948 96 1,422

502 86 1,044

592 84 1,073

1,024 109 1,662

1,488 195 3,087

3,184 214 4,084

2,438 254 4,384

2,941 344 4,801

Coal burners

21

6

2

7

11

21

25

44

Confectioners

108

63

64

79

108

247

177

219

Cooks

Coopers

1,403 22

1,269 16

1,497 31

2,386 20

3,201 54

4,583 97

6,120 140

9,440 101

Coppersmiths

36

18

11

34

46

93

52

125

Day laborers Dressmakers Electricians

12,021 3,727 144

9,870 2,938 85

14,679 3,739 106

23,457 5,730 138

33,841 7,397 202

44,761 10,276 230

44,840 7,375 142

55,398 5,166 232

Engravers

4

4

6

4

14

44

11

5

Firemen

22

19

30

38

85

131

146

191

Gardeners

88

42

65

67

120

139

123

145

Hatters

40

20

22

49

70

102

74

94

Joiners Laundry workers Machinists

72 1,536 43

44 1,083 53

48 1,386 53

59 2,406 64

86 2,880 211

163 5,269 385

156 5,059 188

156

4.924 198

Marble cutters

6

6

4

•10

15

23

28

35

Masons

910

389

376

773

1,092

2,588

2,537

2,976

Mechanics

323

215

247

383

536

1,080

1,174

1,582

Merchants

4, 685

3,565

3,781

5,506

7,823

9,534

8,868

9,993

Millers...

77

43

48

81

123

251

167

225

79520°— VOL 40—11-

-14

200

The Immigration Commission.

TABLE 5. Oversea immigration to Argentina, 1901 to 1908, inclusive, by occupa- tion— Continued.

Occupations.

Year.

1901.

1902.

1903.

1904.

1905.

1906.

1907.

1908.

Milliners...

725 73 66 158 16 1,179 4,932 1,056 91 59 697 53 83 5 82 890 30

14,644

842 1,361

553 55 42 85 4 819 3,658 379 33 21 315 30 42 3 31 352 2

9,984

524 1,151

659 76 79 99 3 888 4,334 468 56 49 395 39 35 3 48 471 3

11,797

585 1,432

1,099 98 86 137 7 1,275 6,631 803 98 51 734 51 80 6 59 951 12

20,348

931

2,342

1,869 212 101 190 3 1,353 7,631 1,459 108 72 1,213 91 93 12 101 1,787 20

28,740

1,061 2,693

2,909 515 157 387 10 2,335 9,346 2,479 275 99 2,280 181 163 8 T55 3,389 10

42, 113

1,325

3,868

3,356 357 141 376 8 2,146 8,070 1,721 348 69 1,651 133 131 7 96 3,529 13

33,093

2,620 3,961

3,520 400 151 424 17 2,335 11,283 1,905 424 65 1,799 146 149 10 115 4,482 23

39,983

4,138 5,013

Miners

Musicians

Painters

Plastert""s

Sailors

Servants

Shoemakers

Stonecutters ...

Tanners

Tailors

Tinsmiths

Typographers

V etennarians

Watchmakers

Weavers

Wine makers

Without occupation (chiHren)

Without occupation (women)

Other occupations Total

90,127

57,992

75,227

125,567

177, 117

252,536

209, 103

255,709

EMIGRATION FROM ARGENTINA.

As in the case of the United States and other large immigrant- receiving nations, a considerable part of the immigration movement to Argentina is temporary. This fact is illustrated by the following table, which shows immigration to and emigration from the Republic from 1871 to 1908, inclusive :

TABLE 6. Immigration to and emigration from the Argentine Republic, 1871

to 1908, inclusive.

[Figures compiled from reports of Year Book of City of Buenos Aires.]

Year.

Immigra- tion from oversea ports and Monte- video.

Emigration for oversea ports and Monte- video.

Difference in favor of immigra- tion.

Year.

Immigra- tion from oversea ports and Monte- video.

Emigration for oversea ports and Monte- video.

Difference in favor of immigra- tion.

1871

20 933

10,686

10, 247

1891

52 097

81 932

a 29 835

1872

37, 037

9,153

27,884

1892

73, 294

43,853

29,441

1873

76, 332

18,236

58,096

1893

84,420

48,794

35, 626

1874

68,277

21,340

46,937

1894

80, 671

41,399

39,272

1875

42,066

25, 578

16,488

1895

80,988

36, 820

" 44,168

1876

30 965

13,487

17 478

1896

135 205

45 921

89 284

1877

36, 325

18,350

17,975

1897

105, 143

57,457

47. 686

1878

42 958

14,860

28 098

1898

95, 190

53,536

41,654

1879

55,155

23,696

31,459

1899

111,083

62, 241

48,842

1880

41,651

20,377

21,274

1900

105, 902

55, 417

50,485

1881

47 484

22 374

25 110

1901

125 951

80 251

45 700

1882

51,503

8,720

42,783

1902

96,080

79,427

16,653

1883

63,243

9,510

53,733

1903

112,671

74,776

37,895

1884

77,805

14,444

63,361

1904

161,078

66, 597

94,481

1885

108,722

14,585

94, 137

1905

221,622

82, 772

138, 850

1886

93,116

13,907

79,209

1906

302,249

103,852

198,397

1887

120,842

13,630

107,212

1907 . .

257,924

138,063

119,861

1888

155,632

16,842

138,790

1908

303, 112

127,032

176,080

9fifl QflQ

40 fi4Q

99O 9fifl

1890

110,594

80,219

30,375

Total

4, 046, 229

1,690,783

2,355,446

Excess of emigration over immigration.

The Immigration Situation in Argentina.

201

Complete data relative to the nationality of persons emigrating from Argentina are not available, but official Italian statistics show that the return movement from the Plata to Italy from 1887 to 1903, inclusive, was as follows:

The Plata includes Uruguay, Paraguay, and Argentina, but the two former countries contribute so small a proportion of the total that the figures do not greatly exaggerate the number returning from Argentina:

TABLE 7.-

-Numl)cr of Italians who returned to Italy from the Plata, 1887 to 1903, inclusive.

Year.

Number.

Year.

Number.

1887. .

14, 519

1896

19 997

1888

19 998

1897

20 540

1889. . .

25, 125

1898.

28,110

1890

41, 476

1899

28 033

1891

47 957

1900

29 419

1892

31,438

1901

29,204

1893

19 816

1902

23 813

1894

22 209

1903

26 813

1895

19, 319

THE ARGENTINE IMMIGRATION LAW.

The immigration and colonization law of the Argentine Repub- lic which was enacted in 1876 provides for the encouragement of immigration through agents in Europe and America, and makes liberal provision for the reception, care, and maintenance of immi- grants. It provides for a central bureau of immigration and com- missions of immigration at the capital of each Province, at certain ports of arrival, and, if necessary, at any other place. The law also provides for the establishment of employment bureaus, which, under the direction of the bureau of immigration or the local commissions, shall assist immigrants to find work and act as their advisors in other matters.

Some of the principal sections of the law relating directly to im- migrants and the methods of handling and assisting them are pre- sented herewith.

Chapter 5, on immigrants, is as follows:

SEC. 12. Foreigners of both sexes, of good moral character and under the age of sixty years, whether day laborers, or capable of exercising a trade, or of working in an industrial establishment, farmers, or teachers, who come to the Republic for the purpose of settling on its soil, and have arrived either on board a sailing vessel or a steamer as a second or third class passenger, or have had their passage paid by the nation, by some one of the provinces, or by some private colonization board or association, shall be, for all the purposes of the present law, deemed to be immigrants.

SEC. 13. Those, however, who may be unwilling, for reasons of their own, to be considered as such immigrants, even if they shall have all the qualifications required by the preceding section, shall be permitted to set forth their wishes, either before starting in their voyage, by representing to the captain or master of the vessel, who shall be bound to make a record of it in his books, that they waive all their rights and privileges as immigrants, or after their arrival in the Argentine Republic by making a declaration to the same effect before the proper authorities. In both cases said passengers shall be deemed to be ordi- nary travelers.

202 The Immigration Commission.

This provision, nevertheless, shall not be applicable to those persons coming to the Republic, under proper contracts, to settle on its territory, whether in any colony or elsewhere.

SEC. 14. Every immigrant who gives sufficient evidence of his good moral character and shows his aptitude to engage in any industrial business, or in any trade or useful occupation, shall be entitled, upon his arrival in the country, to the following:

First To be lodged and supported at the expense of the nation for the time set forth in sections 45, 46, and 47 of the present law (five days, to be counted from the date of landing, if the immigrant is in good health, and in case of illness which prevents his removal at the expiration of five days, as many days as the illness may last. But immigrants under contract shall have board and lodging gratuitously until sent to their destination).

Second. To be given occupation in any such branch of labor or industry exist- ing in the country as he may wish to engage in.

Third. To be carried at the expense of the nation, to any place of the Repub- lic in which he may wish to establish his domicile.

Fourth. To be allowed to introduce, free from duty, his wearing apparel, household furniture, agricultural implements, tools, instruments of his par- ticular trade or art, and a fowling piece for each adult immigrant up to the amount fixed by the executive.

SEC. 15. The foregoing provisions shall be applicable, as far as possible, to the wives and children of the immigrants.

SEC. 16. The good moral conduct and industrial ability of the immigrant may be proved by certificates issued either by the Argentine consul or immigration agent at the place from which the immigrant comes, or by the local authorities of the same place. In the latter case the certificates must be authenticated either by the consul or the immigration agent.

SEC. 17. All immigrants, farmers, who come under contracts to settle on any of the colonies established in the Republic, and engage therein in agricultural pursuits, or who in the absence of such contracts are willing to go to the said colonies for the same purposes, shall be given the same special privileges and advantages in regard to the payment of passages, concessions of land, facilities for the cultivation of the lands, etc., as are granted under Chapter III, part second, of the present law.

Chapter 6 contains provisions calculated to insure the safety and comfort of the immigrants and to prevent abuses on the part of mas- ters or captains of the ships.

Chapter 7 provides for national supervision of the landing of immigrants.

Chapter 8 is concerned with the lodging and board of immigrants, and provides as follows :

SEC. 45. The immigrants shall be entitled to proper decent boarding and lodg- ing at the expense of the nation during the five days immediately following their landing.

SEC. 46. In case of grave disease, which rendered it impossible for the immi- grant, at the expiration of the said five days, to move from that place, he shall be allowed to remain there, and the Government shall continue to attend to his lodging and support until he recovers.

SEC. 47. The foregoing provisions shall not be applicable to such immigrants as come to the country under contracts made and entered into between them and the nation to settle in the colonies, said immigrants being entitled to gra- tuitous boarding and lodging until they are sent to their places of destination.

Chapter 9 deals with securing occupation for immigrants and their transportation to the localities where they are to settle.

SEC. 51. Whenever an immigrant expresses his wish to reside in any province or colony of the Republic he shall immediately be transported free, together with his family and baggage, to the locality selected by him.

SEC. 52. If he has chosen to reside in any of the provinces, he shall be sup- ported by the respective commissions of immigration until reaching the place of destination during 10 days. At the expiration of this time each person over

The Immigration Situation in Argentina. 203

8 years shall pay half a dollar a day and each child under that age 25 cents, but in cases of grave sickness the State shall continue to pay as long as it lasts. SEC. 53. If the immigrant has chosen to go to a colony, he shall be granted all the advantages to which colonists are entitled under the present law.

Chapter 10 provides for the creation of an " immigrant fund " con- sisting, first, of all moneys appropriated by Congress to encourage immigration; second, of all moneys collected through the office of lands and colonies; third, of all fines imposed for violations of the immigration law; fourth, of all moneys the immigrants themselves may pay under the provisions of this law.

LAW REGULATING COLONIZATION.

The second section of the law, containing seven chapters, is devoted to the subject of colonization.

Chapter 3 provides that in the establishment of colonies the first 100 colonists who are farmers and the heads of families shall be given gratuitously 100 hectares of land, or about 247 acres. The remaining rural lots shall be sold at the rate of $2 a hectare, to be paid in 10 installments, the first not payable until the end of the second year.

The sales may be limited to the fourth of one lot, and can never exceed four lots to one purchaser.

The office of lands and colonies shall advance the money necessary for the payment of the passage of the colonists from the place of embarkation to destination, also for their lodging, support, the ani- mals which they may require for breeding or working purposes, as well as seeds and implements, all of this for one year at least. But the sums so advanced shall never exceed $1,000 per colonist, and shall be repaid to the Government in five installments, the first of which shall not be due until after the expiration of the third year.

The law further provides that lands may be reserved for private colonization companies ; it being required that at least 40 agricultural families shall be brought in and settled upon the land within two years.

Each one of these families shall be the owner, either through dona- tion or purchase, of at least 50 hectares of land, and are to be pro- vided with proper lodgings, implements of labor, animals for work- ing and breeding purposes, seeds, and board for at least one year, the actual value of which shall be paid back by them, with 20 per cent additional and interest at 10 per cent per annum, in easy installments, after the third year.

Chapter 5 empowers the executive by all possible means to encour- age the development of agriculture, and make gratuitous concessions of lands to those colonists who have distinguished themselves by their steady work and exceptional industry. But no more than two lots shall be granted in this way to the same person.

Each colonist shall be entitled, within the first six years of his establishment in the country, to a reward of $10 for each 1,000 trees 2 years old which he has planted and has growing on his property.

The national colonies shall be exempt from direct taxation of all kinds during the first 10 years of their existence as colonies.

The agricultural implements, seeds, tools, furniture, and arms im- ported for the use of immigrants shall be introduced into the colonies free from duty.

204

The Immigration Commission.

Chapter 7 encourages colonization by granting gratuitous transpor- tation of the colonists, by giving $200 for each 100 families settled in the province, and by other liberal measures.

It will be seen from the foregoing that it is a comparatively simple matter for immigrants to become land owners in the Republic. According to the census of 1895, out of a total of 180,000 farms in operation, 60 per cent were being cultivated by their owners, 30 per cent were being worked by tenants paying rent, and 8 per cent by persons working the land on shares. The tremendous growth of the area under cultivation has been due to the great increase in the immigration of agricultural peasants from Europe. During the years 1857-1905 the total immigration was 2,065,869, while for the year 1908 alone it was more than 250,000, largely from the south of Europe.

ASSISTED IMMIGRATION.

It is said that the national government has spent an annual average of a quarter of a million pesos since 1870 in the work of assisting immigrants. The amount and kind of assistance given to immigrants is shown in the table which follows.

The first column shows the number for each specified year who were given free landing; this means that the goods and belongings of themselves and their families were entered free of duty, and that the immigrants had no lighter or other landing charges to pay.

The second column shows the number who were lodged at public expense, and the third the number of those who were transported to the interior and placed in situations.

TABLE 8. Assisted immigration to Argentine Republic, from 1857 to 1897 (number given free landing, lodging, transportation to the interior and located). °

Years.

Dis- embarked.

Lodged.

Trans- ported and given work.

Total.

1857

202

202

1858

224

224

1859

37

37

1860

143

143

1861

599

599

1862

437

437

1863

545

545

1864

440

440

1865

1,679

1,679

1866

1,638

1,638

1867

2,832

2,832

1868

5,005

3,111

8.116

1869

5,946

2,507

8.453

1870

3,896

6,270

2,897

13,063

1871

4,868

3,996

1,517

10,381

1872

10,268

8, 594

2,318

21,180

1873

22,211

11,122

4,990

38,323

1874

20,789

8,627

5,840

35,256

1875

11,453

5,161

6,805

23,419

1876

5,419

3,949

4. 706

14,074

1877 . . . .

6,284

3,847

4,093

14,224

1878

15,826

8,880

9,366

34,072

1879

20,734

13,029

10,302

44,065

1880

17,117

10,942

8,836

36, 895

1881...

17,658

11,380

9,045

38,083

1882...

23,882

16,010

12, 824

52,716

Number.

a Figures are from the report of the second census Argentine Republic, 1895, vol. 1, p. 651.

The Immigration Situation in Argentina.

205

TABLE 8. Assisted immigration to Argentine Republic, from 1857 to 1897, etc. Con.

Years.

Number.

Dis- embarked.

Lodged.

Trans- ported and given work.

Total.

1883

32,689 23,851 47,726 43,722 72,301 108,087 185,923 52, 858 13,890 17,822 20, 171 18,622 20,332 38, 471 20,935

20,952 19,705 34, 487 26,695 42,192 68,289 135, 666 43,265 16,842 18,693 20,594 22,986 24,827 43,994 27, 593

13,665 10,914 19,612 26,478 29,253 61,129 108,299 50, 572 27,992 19,032 18,203 22,092 21,012 34,323 24,663

67,306 54,470 101,825 96,895 143.746 237,505 429,888 146, 695 58,724 55, 547 58,968 63,700 66, 171 116,788 73, 191

1884

1885

1886

1887

1888

1889

1890

1891

1892

1893

1894

1895

1896...

1897...

Total

897,805

698,314

576,396

2, 172, 515

ADMINISTRATION OF THE LAW.

The following statement concerning the administration of the Argentina immigration law is taken from "A Sketch of the Argentine Republic as a Country for Immigration," prepared in 1904 by the department of agriculture of the Republic:

The immigration visit and its object. Every vessel arriving in the country carrying immigrants, who, according to the law, are second or third class passengers, is visited and carefully inspected by a commission, composed of the immigrants' visitor, the sanitary doctor, and an official from the maritime prefecture, which verifies the hygienic and wholesome conditions of the vessel, the accommodation for transportation, food during the voyage, supply of medi- cines ; if a doctor and apothecary are on board ; if it carries or not an excess of passengers in relation to its tonnage; if the dimensions of the main and lower decks and berthing are in accordance with regulations; if there are a sufficient number of ventilators, fire pumps, and kitchen utensils; life buoys and lifeboats ; if they carry persons suffering from contagious disease ; if pas- sengers have come on board in ports where any epidemic prevails; if it carries any inflammable or unhealthy articles amongst the cargo; and, finally, it re- ceives any complaints on the part of the passengers as to bad treatment, to- gether with the documents that the captain has to deliver respecting the knowledge of the immigration law, as also a statement of incidents occurring during the voyage, all of which is enforced for the benefit of the immigrants.

Reception. The immigrants are minutely interrogated and classified in order to acquire a knowledge of their ability for labor and the intentions they have formed, then a list is made of those who abandon the benefits conferred by law, their documents being stamped "simple viajero" (ordinary passenger); other passports are classified and stamped " residente antiguo " (old resident).

The passports of the immigrants, who take advantage of the law, having been stamped by the visitor they are taken in hand by the employees of the immi- grants' home named to receive them, who attend to them and direct them what to do, placing them in tramcars, which are sent down in anticipation, in which they are transported from the port to the home. The baggage is loaded on the trucks by porters from the home.

Free lodging. On arrival at the home the immigrants are given entry and are noted on the registers, and further, are provided with a board and lodging ticket valid for five days, which term may be increased in case of sickness. The immigrants are conveniently lodged, the women and children in halls sepa- rated from those occupied by the men. The baggage is taken by the home porters to a deposit store where it is examined by the customs officers as a special service.

206 The Immigration Commission.

Free board. The immigrants are rationed with food of the best quality, the quantities, which form the daily ration of an adult, being meat, 600 grams; bread, 500 grams; potatoes, carrots, or cabbage (alternately), 150 grams; rice, macaroni, or beans (alternately), 100 grams; sugar 25 and coffee 10 grams. The children are supplied with milk. The meals, prepared in good steam kitcheners, are served by waiters in a large dining hall.

Medical assistance.— In the infirmary attached to the home the sick are always carefully attended to ; the young are vaccinated and also the adults who so desire. There are doctors, students, men and women nurses; a dispensary with an ample supply of medicine and disinfecting material.

The national labor bureau. As soon as the immigrants arrive they are ques- tioned as to the places to which they wish to go and they are offered by the labor bureau the situations which it is able to provide, according to the requests it may have received, the originals of which are filed, stating wages that can be paid and other conditions, all of which are carefully noted in special books kept for the purpose. Should it happen that for the moment no request is to hand for men of the trade of the immigrant desiring work the bureau itself will endeavor to procure for him, either by applying at the factories, companies, and works or, in default, telegraphing to the interior of the Republic. The im- migrant who wishes to proceed to some point where there is no demand for men of his trade is duly notified of the fact by the bureau. No pressure is applied to the immigrant to induce him to proceed to such or such a place, but due re- gard is given to his wishes.

Free transport to the interior. Immigrants for whom situations have been procured in the interior of the country, or who wish to join their families, are sent off by the expeditionary officials, whose duty is to have their baggage properly addressed, loaded up, to note the names of the immigrants on the list of the expedition, to provide them with the corresponding tickets for the journey, and to look after them generally until they are conveniently and fully installed on the train or river steamer.

Reception in the provinces or places of destination. The immigrants who pro- ceed to the Provinces or National Territories where work is to be procured for them are received from the train by the secretary of the auxiliary commission, lodged and boarded for ten days, at most, until they are provided with a place or leave for their ultimate destination. In case they have been sent up to be forwarded on by another railway, they are similarly attended to by that employee, in the same manner as in the federal capital from the moment that the train arrives until the instant in which the other that has to take him on leaves.

Postal and telegraphic. In the immigrants' home there is an office for the dispatch of mails and telegrams in order to facilitate delivery of correspondence and also with the object that the general commissary and the national labor bureau may be enabled to transmit throughout the Republic the necessary orders and instructions for the proper carrying out of the service.

LOCATION OF BUREAUS TO ATTEND TO IMMIGRANTS.

Immigration bureau. Buenos Aires, calle [street] Alsina, No. 627; immi- grants' home in Buenos Aires at the retiro; national labor and forwarding bureau in Buenos Aires at the retiro.

Auxiliary commissions. Province of Buenos Aires : La Plata, Bahia Blanca, Juarez, Pergamino, Trenque-Lauqu£n, Tandil, Tres Arroyos. Province of Santa Pe : Rosario, Vera. Province of Entre Rios : Parana, Concordia. Province of Corrientes : Corrientes. Province of Cordoba : Cordoba. Province of Mendoza : Mendoza, San Rafael. Province of San Luis : San Luis. Province of Jujuy : Jujuy. Province of Catamarca : Catamarca. Province of San Juan. Province of Santiago del Estero : Santiago del Estero. Province of La Rioja : La Rioja. Province of Tucuman : Tucuman. And also the following in the National Terri- tories or Governments Formosa : Chaca Resistencia ; Misiones Cerro Cora, Posadas, Canderlaria, Concepcion de la Sierra. Santa Ana : Pampa Central General Acha, Bernasconi, Toay, Vistoria ; Rio Negro Viedma, General Boca ; Chubut Rawson, Camarones, Commodoro Rivadavia ; Santa Cruz Gallegos, Puerto, Deseado, Puerto Santa Cruz; Neuquen Cjos-Malal. Tierra del Fuego Ushuia.

THE IMMIGRATION SITUATION IN BRAZIL.

207

THE IMMIGRATION SITUATION IN BRAZIL,

The Kepublic of the United States of Brazil has an area of 3,218,991 square miles, exceeding that of continental United States, exclusive of Alaska, by over 192,000 square miles. It lies almost wholly within the torrid zone, but its extensive mountain ranges and table-lands modify the climate to a marked extent. Its vast fertile plains yield all the products of the Tropics, and it has an immense wealth of natural resources. Its forests are as yet almost untouched; its enormous mineral wealth has hardly been tapped, while grazing and agriculture, the two industries to which it is perhaps best adapted, are still far behind their possible development.

In 1907 the population was estimated to be 19,910,646, or a little more than six persons per square mile, the density of the population being about one-fifth that or the United States.

IMMIGRATION POLICY.

Comparing the sparse population with the evident need of develop- ing the resources of the country, it is readily understood why the Government should use every means to stimulate and encourage im- migration. The Brazilian immigration law is most liberal in its provisions for immigrants. Besides giving them free passage, it promises to take care of them upon arrival at any Brazilian port, for a stated time, transport them to their destination, and to pro- vide them with free tools and seeds, as well as medicine and care for their families. The ultimate aim of the Government is to build up a class of peasant proprietors, who shall at the same time be available for work on the great coffee plantations.

An attempt, or several attempts, to import Japanese agricultural colonists have not met with the expected success. It is said that the Japanese have too great a tendency to drift to the towns and cities to make them successful colonists.

This movement of the Government is in line with their general policy of establishing agricultural colonies in the endeavor to secure the development of these industries. Bureaus of immigration and colonization have been established, offering every guarantee to pros- pective settlers.

The question of immigration and colonization has always been a subject of great importance to the legislators of Brazil. The Government has realized that the growth of industry and the de- velopment of the country's resources would be enhanced by a constant and sufficient stream of incoming settlers, especially of agricultural workers. As far back as 1818, 1824, and 1830, earnest efforts were made to induce the immigration of peasants from Switzerland and Germany and to introduce with them European agricultural methods, as well as scientific and industrial improvements.

209

210

The Immigration Commission.

SOURCES OF IMMIGRATION.

Brazilian immigration statistics are admittedly incomplete and faulty, but the authority referred to below presents figures showing that from 1820 to 1907, inclusive, a total of 2,561,482 immigrants arrived in that country.

The sources of this immigration and the development of the move- ment according to nationalities are shown by the following table :

TABLE 1. Immigration to Brazil, 1820 to 1901, inclusive, by nationality.

[Compiled from report issued for the Universal Exposition, 1908, under Ministry of

Agriculture. ]

Year.

Nationality.

Total.

18,738 4,425 2,731 10,935 9,189 11, 798 14,008 14, 244 18,529 20, 114 15, 774 13,003 14,295 7, 612 9,578 6,452 7,699 10,902 11,315 11,527 5,158 12,431 19, 219 14, 742 20,332 14,590 30,747 29,468 24,456 22,788 30,355 11,548 29,589 34, 015 24,890 35, 440 33,486 55,965 133, 253 65,246 107, 474 216, 760 86,203 134, 805 60,984 167,618 158, 132 146,362 78,109 54,629 40,300 85,306 52,204 34,062 46,164 70,295 73,672 67,787

1

<J

1

So

1

1

|

£

C

|

(2

tf

&

1

CQ

OQ

ti

fc

CG

,C3

13

3 pi

"

1820-1850 1851

2

292

273 20 52

4,973 400 1,221 2.214 846 532 1,822

185

930 53 231 8,329 7,384

132 5 17

2 020

9,931 3,626 740 156 281 1,226 2,819 2,215 6,592 7,188 5,974 4,076 3,004 2,647 838 1,893 2,197 4,082 151 2,430 379 467 357 12,000 11,863 6,001 2,747 906 596 129 363 400 139 77 2,120 1,024 1,356 1,891 2,248 1,295 881 2,033 593 3,216 1,002 4,787 1,575 2,553 2,700 2,453 3,775 3,535 3,010 2,239 2,658 3,473 2,251 10, 716

"'21

74 28 79 42 60 143

321 468 180 604 173 92 8 161 276 112

1852

2 22

1853

13

1854

1855

9,839

1856

9,159

37

1857

2,639 2,333 3 165

9 340

1858

5

51

9,327 9,342 5,914

1859

1860

8

18 15 233

3,748 2,211 4,037 367

1861 1862

44 376

4 164

""431

6,460 5,625 4,420 5,097 3,784 4,724

193

185 119

240 89

1863

1864

68

1,166

234 275 360

2,092 500

83

1865

1866

418

1861

867

1,128

4,822 4,425 6,347 4,458 8,124 12, 918 1,310 6,644 3,692 7,421 7,965 6,236 8,841 12, 101 3,144 10,621 12,509 8,683 7,611 6,287 10,205 18,289 15,240 25, 174 132,349 17, 797 28,986 17,041 36,055 22,299 13,558 15, 105 10,989 6,250 11, 261 11,606 11,378 17,318 20, 181 21,706 25, 681

1

76

""64 2 9 14 53 67 37 125

2

64 58 187 62 141 287 134 302 409 316

E;

1868 1869

104

33 20

1,026 375 3 515 1,051

598 538 16

777 1,048

3, 779 375 6 296 1, 103 1 082

841 1,052

1,626 1,808

"*4 7 41 30 956 3,011 2,115 1,904 7 426 305 19 10 457 275 146

218 332 38 510 727

1870

1871 1872 1873

14 17

32 33

2

8 21

1874 1875 1876 1877 1878 1879 1880.... 1881 1882 1883 1884 1885 1886 1887. . . . 1888 1889 1890 1891 1892 1893 1894. . . . 1895 1896 1897 1898 1899.... 1900 1901 1902 1903 1904 1905 1906.... 1907

Total..

""290

4,028 1,728 1,185 318 292 83 94 251 651 524 728 274 1,156 550 2,246 4,244 574 2,737 798 10,108 11,365 3,665 924 1,826 2,089 696 511 474 387 427 1,012 522

""73 132

24 19 16

101 212 1,082 387 308 471 24 37 9 28 22 28 18 6 13 25

0

17 29 18 15 26

147 363 635

""52 51 229 30 239 158 100 90 93 72 129 76 193 1,959 67 100 91 28 63 106 103 101 166 47 35 85 362 123 73 119

"'328 1,214 383 183 264 240 194 249 152 243 233 218 241 478 608 2,844 1,921 575 616 309 286 327 225 255 217 233 212 151 302 228 224 109 202

1,435 1,308 3,530 2,310 1,535 2,022 2,385 1,851 1,804 2,348 1,719 2,848 2,414 1,147 782 1,903 4,812 5,285 800 1,368 790 973 1,070 930 535 521 217 166 265 1.231 797 650 1.333 845

1,171

6,820 13,582 11,836 10,245 12, 936 2,705 12,428 15,724 10, 102 21,765 20,430 40,157 104,353 36, 124 31,275 132,326 55,0l9 58,552 34, 872 97,344 96,505 104, 510 49, 086 30,846 19,671 59,869 32,111 12,970 12,857 17,360 20, 777 18,238

39

763 23 929 911 1,275 2,677 3,961 2,660 710 952 1,317 1,766

15

14

51

"~2

""ie

88 70 30 94 70 43 396

6 38

"*6

16 43

27,'l25 11,817 158 155 57 275 592 569 258 412 147 99 108 371 287 996 751 703

4,736 9,012 12,008 22,146 10, 471 38,998 5,986 17,641 24, 154 19,466 8,024 5,399 4,834 8,584 3,588 4,466 10,046 25,329 24,441 9,235

"354

2,008 37

51 254 198 58 40

""3

8

""7 14

4 6 8 14 27 2

....

8

21 93 153 90 119 30 23 17 15 46 98 68 10 12

" " "648 978 1,823 874 781 772 481 1,097 1,446 1,193 1,480

56,892

3,716

11,068

19,269

93,075

1,213,167

634,585

54,593

288,646

3,780

9,086

11,731

161, 874

2,561,482

The Immigration Situation in Brazil.

211

The importance of each nationality as a factor in the immigration movement to Brazil during the period covered by the foregoing table is shown as follows :

TABLE 2. Immigration to Brazil, 1820 to 1907, inclusive, ~by nationality; per

cent distribution.

[Compiled from report issued for the Universal Exposition, 1908, under Ministry of Agriculture.]

Nationality.

Number.

Per cent distribu- tion.

Nationality.

Number.

Per cent distribu- tion.

Austrian

56,892

2.2

Spanish

288, 646

11.3

Belgian ... . . .

3,716

.1

Swedish

3 780

.1

English

11,068

.4

Swiss

9 086

4

French

19, 269

.8

Turkish.

11,731

.5

German .

93, 075

3.6

All other

161 874

6 3

Italian

1 213 167

47 4

Portuguese. .

'634*585

24. 8

Total....

2 561 482

100 0

Russian

54 593

2 1

ITALIAN IMMIGRATION AND EMIGRATION.

Italy has been the greatest single source of immigration to Brazil. In the eighties great numbers came whose passage from Italy was sup- plied free by the Brazilian Government. But in the late nineties a crisis in coffee growing occurred. Stories of failure to pay wages, of corporal punishment and other evils, reached Italy, and the Italian Government discouraged further immigration. As a consequence emigration from Italy fell off greatly.

The Italians go mostly to the immense coffee plantations of the southern States of Sao Paulo, Espiritu Santo, and Minas Geraes. The Spanish and Portuguese go to the north, and the Germans to Rio Grande do Sul, and Santa Catherina. *

The following table derived from Italian sources shows the extent of Italian emigration to Brazil from Italy from 1878 to 1906.

TABLE 3.— Emigration from Italy to Brazil, 1878 to 1906, inclusive.

Year.

Number.

Year

Number.

1878

5 433

1893 '

45, 324

1879

7 999

1894

41 628

1880

6,080

1895

98,090

1881

6 766

1896

76,665

1882

9,074

1897.

80,984

1883

7 590

1898

38,659

1884

6 116

1899

26, 574

1885

12,311

1900.

27,438

1886

11 334

1901

82,159

1887

31 445

1902

40.434

1888

97, 730

1903

27,707

1889

16 953

1904

19,724

1890

16 233

1905

30,079

1891

108, 414

1906

•27,808

1892

36,448

212

The Immigration Commission.

There is a considerable return movement from Brazil to Italy, as is shown in the following table, the figures being taken from official Italian statistics:

TABLE 4. Number of Italians who returned to Italy from Brazil, 1887 to 1903,

inclusive.

Year.

Number.

Year.

Number.

1887

317

1896

16 794

1888

1,136

1897

20 192

1889

3 603

1898

17 489

1890

1,510

1899.

8,972

1891...

2,583

1900

17 733

1892

7 566

1901

21 224

1893

10,906

1902

29 701

1894

5 300

1903

29 740

1895

16 654

THE BRAZILIAN IMMIGRATION LAW.0

The immigration law of Brazil is liberal and comprehensive. It is designed to facilitate desirable immigration and to exclude the unde- sirable. Complete and effective cooperation is contemplated between the Union, the States, and private enterprises, for the purpose of settling and developing the country.

IMMIGRANTS DEFINED.

All aliens under 60 years of age and traveling on second or third class passage are deemed immigrants unless they are criminals, rogues, beggars, vagabonds, lunatics, or invalids, are plying illicit trades, or are afflicted with any contagious disease. The disabilities enumerated ^ar admission. Persons over 60 years of age or inca- pacitated for work are admitted only when they are accompanied by their family and evidence is adduced of ability to provide support.

BIGHTS OF IMMIGRANTS.

Immigrants settling in the country and engaging in agriculture, industry, trade, or any useful craft or profession are guaranteed en- tire liberty of action, are allowed free access to any trade or other pursuit not inimical to public safety, health, or morals, and are granted complete religious liberty and the general civil rights enjoyed by Brazilian citizens under the constitution.

NUCLEUS COLONIES.

Nucleus colonies consist of selected divisions of territory in process of settlement and development. They may be established by either public or private initiation. Locations are determined by the general resources and value. Immigrants with families who intend to pur- chase land will be assisted by the Government in paying their pas- sage to Brazil. They will also be assisted in making the first install-

°Appendix, p. 217.

The Immigration Situation in Brazil. 213

ment on the land and in purchasing farming implements and equip- ment, provided that they present on arrival a certificate of age, identity, occupation, character, and nationality, signed by an author- ized Brazilian representative abroad.

REPATRIATION.

The Government will repatriate agricultural immigrants who have entered Brazil at State expense within two years prior to filing re- quest for same and who have resided continuously with the head of the family, but whose absence or incapacity induces the request. Persons eligible are widows and orphans destitute of support, wives and minor children of immigrants who are afflicted or unable to pro- vide support, and immigrants incapacitated by incurable disease, accident, or lack of resources.

APPENDIX.

REGULATIONS REGARDING IMMIGRATION AND COLONIZATION IN BRAZIL.

79520°— VOL 40—11 15 215

APPENDIX.

REGULATIONS REGARDING IMMIGRATION AND COLONIZATION

IN BRAZIL.

DECREE No. 6455 OF APRIL 19, 1907, APPROVING REGULATIONS FOR THE PEOPLING OP THE SOIL.

The President of the Republic of the United States of Brazil in accordance with the authorization conferred in section & of No. XIII of article 35 of Law No. 1617 of December 30, 1906, decrees :

Sole article. The appended regulations for the peopling of the soil, signed by the minister of industry, railways, and public works, are hereby approved. Rio de Janeiro, April 19, 1907, nineteenth year of the Republic.

AFFONSO AUGUSTO MOBEIBA PENNA. MIGUEL CALMON DU PIN E ALMEIDA.

REGULATIONS FOR THE PEOPLING OF THE SOIL REFERRED TO IN DECREE No. 6455 OF APRIL 19, 1907.

DIVISION I. CHAPTER I. Preliminary dispositions.

ABTICLE 1. The peopling of the soil will be promoted by the union in agree- ment with State governments, railway and river navigation companies, other companies or associations, and with private individuals provided that the sure- ties and rules hereby guaranteed and laid down are duly observed.

ART. 2. There shall be counted as immigrants all foreigners of less than 60 years of age who are not suffering from contagious diseases nor plying illicit trades and who are not criminals, rogues, beggars, vagabonds, lunatics, or invalids who arrive at Brazilian ports traveling third class at the cost of the union, States, or third parties, as well as those who (ceteris paribus) have paid their own passages and desire to enjoy the same privileges as other new arrivals.

Persons over 60 years of age or unfitted for work will only be admitted when accompanied by their families or when coming to join them, provided that there is in the family at least one able-bodied member against the invalid and one or two against the member over 60 years of age.

ART. 3. To immigrants who establish themselves in any part of the country and devote themselves to any branch of agriculture, industry, or trade, or to any useful craft or profession, the following guaranties will be granted : Com- plete liberty of action and freedom to engage in any trade, provided that the same does not endanger public safety, health, or morals; complete liberty of religious belief; and, finally, civic rights, as enjoyed under the constitution arid laws by Brazilians themselves.

ART. 4. The union, without interfering with the liberty of similar action on the part of the States, will enter into an accord with them to direct and facili- tate the placing of immigrants who desire to settle as owners of their own land and will protect and advise such spontaneous immigrants as need material aid for their first installment, while only in special cases will it bring in at its own expense such immigrants as desire only to work without acquiring the land on which, they settle,

217

218 The Immigration Commission.

DIVISION II. CONCERNING COLONIZATION. CHAPTEB I. Concerning nucleus colonies and their foundation.

ART. 5. By a "nucleus colony " for the operation of this decree, is understood a group of lots, duly measured and marked out, on land chosen as fertile and fitted for agriculture or cattle breeding, where the conditions are healthy, and there is abundance of drinking water to supply all the needs of the population. The colonies shall also be of sufficient extent to admit of their development, while they shall have easy and convenient means of transport, shall be pos- sessed of favorable economic factors, and shall be prepared for the settling of immigrants as holders of their own land.

ART. 6. The foundation of nucleus colonies shall be undertaken :

I. By the union with help from the States.

II. By the States with or without the help of the union.

III. By railway or river navigation companies, other companies or associa- tions, or by private individuals with or without the help of the union and the States.

The union may interfere in the foundation of nucleus colonies by railway or river navigation companies, other companies, associations, or private individuals when the founders are not in the receipt of official aid and necessary rules and regulations have to be made or abuses remedied.

CHAPTER II. Concerning nucleus colonies founded ~by the union.

ART. 7. The foundation of nucleus colonies under the direct administration of the union and with the aid of the interested State shall be effected in accordance with this decree whilst the following rules must be observed :

I. The union will choose the site and will undertake to form the nucleus.

II. If the land is fallow or is the property of the State, the Federal Govern- ment will enter into an accord with the State government for the cession of the area required for the foundation of the nucleus.

In this case the State will aid in the marking out, if necessary, according to its land laws, and will permit the following work of preparation : Preliminary surveys for the best division of the lots and for the establishment of lines of communication both internal and external; measuring and marking out of rural lots; sanitary works, when necessary; building of houses, roads, and paths; preparation of the areas set apart for the first cultivation in each rural lot; establishment of the headquarters of the nucleus, if convenient, together with the urban lots, and, finally, the settling of the immigrants.

III. So soon as the lots have been measured and marked out in accordance with the foregoing clause, they will be definitely handed over to the union on the distinct understanding that they will be sold to immigrants or otherwise used for the good of the nucleus.

IV. Lands belonging to private individuals will be acquired by amicable arrangement, i. e., by purchase or agreement, or will be disappropriated by the State, while the union will undertake the work of preparation according to Clause II above.

V. The State will provide the immigrants with tools and seeds free of charge for their assistance on first being installed, while the union may grant them these and other favors for the same purpose.

VI. Should the State desire to establish, at the headquarters of the nucleus, farms for experiments and instruction, a suitable area will be reserved for this purpose and pecuniary aid granted, as established by law, in accordance with plans and estimates previously approved.

ART. 8. The State may give any assistance to the immigrants independent of that given by the union, and may offer prizes to promote healthy emulation.

ART. 9. Provisional and definite titles to the lots will be indorsed by Federal officials appointed for this purpose.

ART. 10. The product of the sale of the lots will belong to the union, except in case of arrangement with private owners of land, who by contract will be obliged to allow the colony to be founded and the sale of lots at stipulated prices for the transfer of lands and improvements thereon.

ART. 11. The collection of immigrant's debts arising from the sale of lots and houses and from aid not granted free will be made by the union.

The Immigration Situation in Brazil. 219

ART. 12. The choice of localities for the nucleus colonies will be made in accordance with the previous surveys and will be carefully flscalized by the ad- ministration.

ART. 13. Localities for the foundation of nucleus colonies will be chosen which are healthily situated and conform to the conditions laid down in article 5 as well as the following:

I. Convenient altitude and soil fitted for all kinds of cultivation.

II. A position on or near railways actually working or in course of con- struction, on rivers navigated by steamers, or close to populous centers where the holders of the lots will find a ready market for their produce.

III. A constant and ample supply of running and drinking water which shall be adequate for the inhabitants and may be employed for agricultural and in- dustrial purposes.

IV. Topographical configuration and conditions which will permit of the use of agricultural machinery.

V. Forests, on the spot or near, which, while improving the climatic condi- tions and productiveness of the district, will afford a sure and cheap supply of timber for building and other works on the colonies.

VI. A large enough area to admit of the increase of the nucleus, so that direct descendants of the first immigrants settled on the land, members of their families or persons connected with them, living abroad, may be invited to come and form new households and hold lots in the same nucleus or in its vicinity.

ART. 14. When the locality for the nucleus has been chosen, a general plan and estimate of the probable cost of the work will be immediately drawn up, the ground wrill be divided into lots by exact measurement, the necessary works will be put in hand at once and any factors dangerous to public health re- moved, whilst plans will be made and executed for the systematic construction of roads and paths according to the regulations.

ART. 15. When watercourses are in the way, if convenient, the works can be commenced by goniometric survey of same, and stakes will be driven in with their tops level with the ground, each one marked with a copper plate show- ing exactly the direction indicated. At the side of the stakes, signposts will be placed duly numbered so that the subsequent demarcation of the lots may be clearly indicated.

When the hydrographic plans have been drawn up, thereon will appear the distribution of lots according to the lay of the ground.

ART. 16. If there are no watercourses, and such surveys are unnecessary, the land will be divided into lots in accordance with local conditions.

ART. 17. Lots will be duly numbered and the lines intersecting them will always, when convenient, run exactly north and south or east and west.

ART. 18. If the position and importance of the nucleus demand the estab- lishment of headquarters, which will later be a township, sufficient land will be reserved for this purpose favorably situated in the part of the district which is flattest and which, from a hygienic point of view, is most fitted for a popu- lous center. On this site the ground will be prepared and the necessary buildings erected in accordance with plans duly drawn up.

The headquarters will be the converging point for the principal' roads of the nucleus.

ART. 19. In each nucleus ground will be set aside for erection of schools and for experiments in the cultivation of vegetables, which may be grown with advantage in the district, for instruction farms, industrial purposes, etc.

ART. 20. The lots will be classified as rural and urban.

SECTION 1. Rural lots will be devoted to agriculture and cattle breeding and will be of sufficient extent for the work of the colonists who own them.

SEC. 2. As a general rule, rural lots will not exceed 25 hectares when situated along or near a railway or river, navigated by steamers, but otherwise they may be up to 50 hectares.

SEC. 3. Urban lots will be those situated at the headquarters and will ulti- mately form the township, and all their fronts will be on streets and squares.

SEC. 4. No urban lot may exceed 3,000 square meters unless set apart for some special purpose.

ART. 21. As a general rule, a good and sanitary house will be built on each urban lot to be occupied by the immigrant and his family, whilst the ground will be prepared for the first cultivation to be made by the person who acquires it.

SECTION 1. Immigrants who desire to erect houses at their own expense and according to their own taste will have lots without houses reserved for them.

220 The Immigration Commission.

SEC. 2. Under the conditions of the preceding section the immigrant and his family, who acquire the lot, will be afforded temporary quarters until they have built the house, which must be within the space of one year.

ART. 22. Rural lots will be sold either for cash or for payment in installments. In the former case a definite title will be handed over immediately and in the latter a provisional title which will be substituted by a definite one as soon as all payments have been made.

SECTION 1. Anyone purchasing a lot in the installment system may pay off the debt in full or in part before the due date at any time in order to shorten the period for receiving the definite title.

SEC. 2. Under the conditions of the preceding section the purchaser will enjoy the privileges of section 2, article 40.

ART. 23. Urban lots will only be sold for cash.

ART. 24. Lots will be sold at a moderate price, which shall be previously fixed according to their size and position.

ART. 25. Where there is a house on the lot, the cost price of the same will be added to the price of the lot.

ART. 26. Rural lots may be sold on the installment system to immigrants accompanied by their families.

ART. 27. Immigrants who are not accompanied by their families may only purchase rural lots for cash.

ART. 28. The immigrant who is accompanied by his family may acquire a new lot after he has obtained a definite title to the first. When the family consists of more than five persons fit for work, or when the immigrant has cultivated and improved his first lot, he will be allowed the preference for the purchase, even on the installment system, of a second lot adjoining or close to the first.

ART. 29. The foreign immigrant who is an agriculturist and has been less than two years in the country, who marries a Brazilian woman, or the daughter of a Brazilian born in the country, or the Brazilian agriculturist who marries a foreign woman who has been in the country as an immigrant less than two years, will be given a lot with a provisional title, without the pair having to pay anything, provided that during the first year from the granting of the provisional title they have lived together in harmony and have shown by the way that they have cultivated and improved the lot that they mean to continue to do so.

ART. 30. If the foreign or Brazilian immigrant, under the conditions of the preceding article, desires to obtain a lot with a definite title immediately after his marriage, the same will be sold him for half the stipulated price.

ART. 31. On the provisional title granted to the immigrant shall be written the full price of the lot and the main conditions to be observed for the obtaining of a definite title.

ART. 32. When definite titles to the lots have been granted to immigrants wh 3 are not in debt to the nucleus, the same become their absolute property.

ART. 33. When the occupant of the lot is in debt to the nucleus, he can not, without a written authorization from the administrator, sell, mortgage, transfer, let, give as security, exchange or alienate in any manner, directly or indirectly, the said lot, house, or improvements.

ART. 34. Immigrants will be transported free of charge to the nucleus.

ART. 35. Immigrants arriving for the first time at the nucleus will be given, free of charge, seeds and tools such as hoes, spades, picks, axes, and scythes.

ART. 36. During the first six months from the date of their arrival at the nucleus and until the harvest and sale of their produce, immigrants coining from abroad and settled as owners of lots shall, when necessary, be granted means for the maintenance of their families.

ART. 37. For the space of one year, under the same conditions as in the foregoing article, all immigrants will receive medical attendance and medicines free of charge. This period may be prolonged at the discretion of the adminis- trator of the nucleus.

ART. 38. Stores or depots, where foodstuffs and other articles of prime neces- sity will be sold at moderate prices, will be established in the nucleus colonies to guarantee supplies for the population ; the immigrants being absolutely free to buy these goods for their own account wherever they like. ,

ART. 39. During the first year after their installment or for a longer period, if Government so decides, aid may be given, to such immigrants as desire it, for the purchase or hiring of agricultural implements and machinery, live stock, and vehicles necessary for the cultivation of the lots, preparation, and trans- port of the produce.

The Immigration Situation in Brazil. 221

ART. 40. The price of the lots, with or without house, when the same are pur- chased on the installment system, as well as any aid granted, except for work done or classed as gratuitous, shall be written in a book and handed to the debtor in the form of a current account and shall constitute the debt of the im- migrant for which the head of the family is responsible. He shall begin amor- tization by yearly installments not later than at the end of the second year after his establishment. After this date, if no payment has been made, interest will be charged at the rate of 3 per cent per annum on the installments due.

SECTION 1. When the nucleus is situated on, or near, railways or rivers, navi- gated by steamers, the period for amortization shall be five years, counting from the first day of the third year of the installment of the immigrant; in other cases, or when Government deems it advisable, the period will be eight years under the same conditions.

SEC. 2. The immigrant wrho pays his debts in advance will have a right to a rebate at the rate of 12 per cent per annum on installments that are outstanding.

SEC. 3. The immigrant who pays the full value of the lot will immediately receive a definite title to the same, even though he has still other debts out- standing contracted with the administration of the nucleus.

ART. 41. In the event of the decease of the head of the family, in whose name the provisional or definite title had been drawn up, the lot will pass to his heirs or legal representatives on the same conditions on which he himself held it.

If the nucleus has not yet been emancipated, the transfer will be made by an official order of the administration without any legal intervention.

ART. 42. Any debt which the deceased head of the family had contracted with the nucleus will be considered extinct, if he leaves a widow and orphans, save that arising from the purchase of the lot on the installment system.

ART. 43. If the lot was purchased on the installment system and the deceased had already paid at least three installments, the remainder will be remitted in favor of the widow or orphans and a definite title granted.

ART. 44. Government will maintain free primary schools and will organize exhibitions and fairs of agricultural and industrial produce in the nucleus colo- nies, if deemed expedient.

ART. 45. Prizes will be offered for the reward of producers who most distin- guish themselves at the exhibitions or in any other way.

ART. 46. Where the nucleus is intended for foreigners, not more than 10 per cent of the lots may be sold to Brazilians, but when in a nucleus the number of lots held by foreigners is 300 or more a special area near the lots will be set aside for Brazilian agriculturists, if deemed advisable.

ART. 47. In States or districts, where hitherto no colonies or nucleus colonies of foreign agriculturists have existed, the Federal Government may adopt special measures, when necessary, to guarantee the first nucleus under condi- tions favorable to its development so that it may serve as a center of attraction for the establishment of an increasing number of immigrants.

ART. 48. Each nucleus will be regulated according to special rules made with a view to the peculiarities of the locality and the needs wThich may arise.

ART. 49. The emancipation of the nucleus colonies will be granted by Govern- ment so soon as the immigrants settled therein require no further aid.

CHAPTER III. Concerning nucleus colonies founded by the States in conjunction

with the union.

ART. 50. The union may bring in immigrants who, under the protection of the States, are to be settled as owners in nucleus colonies, which the State Govern- ments propose to found at their own expense, or by contract with landowners after the favorable conditions of the colonies, their hygienic condition, the good quality of their soil, and the works of preparation are approved.

ART. 51. The union may grant aid to such States as found nucleus colonies under their own direct administration, in accordance with the following article and the budgetary resources at its disposal.

ART. 52. The foundation of nucleus colonies under the direct administration of the State and with the aid of the union will be in accordance with the condi- tions laid down in this chapter, with special regard to the following :

I. The State will choose the locality which it judges favorable from the point of view of health, cultivation, production, safety, facility of communication, and cheap transport, and shall submit its choice, together with the general plan of

222 The Immigration Commission.

the colony, including the type of the houses and other necessary information, for the approval of the Federal Government in order that the union mav give a grant in aid.

II. When the choice and plans have been approved the States will make all the necessary preparations.

III. When all necessary work has been carried out so as to guarantee the convenient transport and the regular installment of immigrants and their fami- lies on lots exactly measured out and defined, in accordance with the approved plan, the union will, at its own expense, bring in the immigrants to be settled at the expense of the State, the latter being free to choose them by means of persons especially appointed for this purpose.

IV. All services of the nucleus will be at the cost of the State.

V. The union will help the State to the extent of 25 per cent on all nioney which it has actually expended for the foundation of the nucleus, provided that this aid does not exceed 800$000 for each foreign family settled.

The payments made by the union will be in three installments:

(a) The first, up to 250$000 per house, of the type accepted by the Federal Government, erected on a rural lot.

(&) The second, also up to 250$000, when the immigrant and his family have taken possession of the lot and have received either the provisional or definite title to the same.

(c) The third and last not to exceed 300$000, according to the valuation made by the Federal official appointed for this purpose, when the immigrant and his family have been established on the lot for six months.

ABT. 53. On nucleus colonies in receipt of union aid the percentage of lots set aside for Brazilians may not exceed 10 per cent of those reserved for foreign agriculturists.

Aid granted for the settling of each family of Brazilian colonists may not exceed 500$000 maximum, payable in installments in accordance with sections (a) and (&) of No. V of the preceding article after the settling of foreign families, according to the percentage above mentioned.

Without union aid the State may form, with any number of lots it pleases, areas close by intended for Brazilians.

ART. 54. Titles to the lots will be given by the State officials in accordance with the law.

ART. 55. Of the amount produced by the sale of lots, 75 per cent will belong to the States, except in case of agreements with regard to land sold by private individuals to immigrants or colonies, whilst the remaining 25 per cent will be handed over to the union for the help which it has granted.

ART. 56. The State alone may collect debts contracted by the immigrants with the nucleus.

ART. 57. Nucleus colonies founded by States, with union aid, must be regu- lated according to the rules adopted by the latter.

ART. 58. When it is deemed useful to construct a railway to link up fallow lands, which may be colonized, or nucleus colonies with railway stations, con- suming centers, ports on the sea or rivers, the union may help this construction by means of a subvention paid in a lump sum, when the lines are open to traffic, at the rate of 6 :000$ per kilometer.

Conditions, whether of a technical nature or referring to dates for payment, indemnification for help given, maximum length to receive subsidy, and any other matters, will be defined in the contract to be signed previously.

CHAPTER IV. Railway colonization.

ART. 59. The settling of land along or near railways, in course of construction or already in traffic, as well as along rivers, navigated by steamers, ought to be undertaken and pushed by the various companies independent of any initiative on the part of the Federal or State Government, of associations or private in- dividuals.

ART. 60. By " railway companies " or " company " for the purposes of this chapter, is understood any single or collective entity which has for its purpose the construction of railways or carriage roads or the establishment of shipping lines in virtue of a contract made with the union or with the State.

ART. 61. The settling will be effected by the installation of families of immi- grants accustomed to agricultural labor or cattle breeding as owners of lots, property measured and marked out, situated along or within 20 kilometers of either side of the railway or river and forming nucleus or service roads.

The Immigration Situation in Brazil. 223

ART. 62. Any railway company which desires to obtain the aid and privileges indicated in this chapter must observe the dispositions of this decree and obtain official authorization, which will be granted by Government, when it deems advisable, its responsibility being limited by the budgetary resources at its disposal.

ART. 63. The choice of the locality most fitted for nucleus and railway col- onies, will depend on careful study of all the circumstances essential to the de- velopment of the colony, special attention being paid to the mildness and healthiness of the climate, the abundance, quality, and distribution of the water, orographic conditions, the nature, fertility, and producing power of the soil, the extent of the forests, groves, plains, and land under cultivation, disposable area and every other question which it may be necessary to consider for the proper establishment of the colony.

ART. 64. The choice of locality made by the company will be submitted for the study and report of the fiscal engineer or Federal official, appointed for this purpose, and for the examination and approval of the Federal Government.

ART. 65. The general plan, comprising the division of the land into lots, areas of the same, cart roads and paths to be made, type of houses for the immigrants, will be submitted for the approval of the Federal Government and shall be executed in accordance with that approval. Otherwise, the aid and privileges treated of in this chapter will not be granted.

ART. 66. The land required for the nucleus or railway colonies will be acquired by the company by purchase, concession, or by agreement with the States or private individuals and, when necessary, its disappropriation will be authorized.

It is absolutely necessary that the land should be previously proved to be free of any litigation, legal onus, concession or contract, so that it may be transferred free from any claim whatsoever.

ART. 67. When the position of a nucleus or the number of the rural lots calls for the establishment of headquarters which shall ultimately become a town- ship, the company will apportion the necessary urban lots according to approved plans.

ART. 68. As soon as the rural lots are ready and have proper means of com- munication the families of immigrants will be settled thereon.

ART. 69. The company will maintain to the best of its ability and in combina- tion with the Federal Government a propaganda service abroad, for the sale of lots, duly marked out and prepared, to immigrants accustomed to agricultural labor or to cattle breeding, in order that they may come and settle thereon.

ART. 70. The Federal Government may authorize or promote, at its own ex- pense, introduction of immigrants for the nucleus or railway colonies and will pay their passages from the port of their country of origin to that of their des- tination, effect their disembarkation, house and feed them and give them free transport to the station nearest the nucleus.

ART. 71. The service of settling the immigrants, including help given them for the same, will be at the expense of the company, which shall furnish the new arrivals with tools and seeds and, whenever convenient, give them paid work on the railway or near the lots, to make it easier for them to keep up the same, and shall supply them, whenever necessary, with advances of food or money until the first harvest.

ART. 72. Rural lots with any improvements thereon will be sold to the immi- grants for cash or in installments.

ART. 73. The price of lots and of houses and the conditions of payment de- pend on the approval of the Federal Government, which reserves to itself the right of fiscalizing anything which is in the interests of the colonists, or deals with the rights which are guaranteed to them.

ART. 74. The company binds itself to aid the transport of the colonial produce and will grant a rebate or reduction in freights of 50 per cent, on the tariff in force, for five years dating from the installment of the first family on a lot of any nucleus or railway colony whose foundation was made under the condi- tions of this chapter, or was undertaken by the union or by the States for the settling of foreign immigrants as owners of the land.

ART. 75. The company will render every aid in its power to immigrants for the improvement of their produce and will stimulate the formation and increase of small industries ; it will promote in the colonies, which it founds, the creation of free primary schools and will build churches for the immigrants, irrespective of denomination.

224 . The Immigration Commission.

ART. 76. The Federal Government will grant, under the heading of " aid," premiums to any railway company which carries on with regularity the settling of foreign immigrants as owners of the land as hereby laid down.

The premiums will be agreed upon and fixed when the general plan is ap- proved (see art. 65 of this Decree) and must not exceed the following maximums :

I. 200$000 for each house constructed on a rural lot, so soon as the type has been officially approved and the house is in the possession of the immigrant family.

II. For each immigrant family, which has never before been resident in the country, brought in from abroad at the expense of the company and settled on a rural lot :

(a) 100$000 when the family has been settled for six months.

(&) 200$000 when the family has been settled for a year and has increased the area of cultivation and the live stock and shows every intention of con- tinuing to do so.

III. 5 : 000$ for each group of 50 rural lots occupied by families of foreign immigrants who in the same colony and within two years of the settlement of the first family have received definite titles of ownership.

ART. 77. When the families of immigrant farmers are not brought from abroad at the expense of the company the latter shall undertake to establish them in the same conditions as those of article 76, but has no right to premiums I and III.

ART. 78. When 50 rural lots are definitely occupied by families of foreign immigrants the company may settle five Brazilian families on neighboring lots and so on in the same proportion, and Government in this case will grant the same premium referred to in the preceding article for the settling of foreign families.

ART. 79. The company may obtain from the State interested any other privi- leges and aid besides those granted by the Federal Government.

CHAPTER V. Colonization ~by companies, associations, and private individuals.

ART. 80. Companies or associations and reputable private individuals who have at- their disposal land so situated as to be fitted for colonization and who undertake to divide the same into lots and to sell it to foreign immigrant farmers so that the said immigrants may live on the lots as owners of the same, may receive grants in aid from the union and the State as is most con- venient in each particular case.

SECTION 1. The following are the essential conditions to be observed if union aid is to be lent :

(a) The estates must be free from litigation, mortgage, and every other legal onus, or the existence must be proved of a proper contract between the debtor and the creditor, who holds the mortgage, the terms of which permit of the transference to immigrants free from any claim whatsoever.

(6) The area available must be sufficient, in the opinion of Government, for the settlement of at least 50 families of immigrants on an equal number of rural lots which shall be adjoining or spread over a district, the greatest radius of which shall not exceed 12 kilometers.

(c) The soil must be fertile and the district healthy, and the colonies within easy reach of commercial centers to which they shall be joined by rail or car- riage roads, and the conditions must be such as to allow for agricultural and industrial expansion on the part of the colonies and for the sale of their pro- duce in a favorable market. The supply of drinking water must be abundant and such that each lot shall be provided with a proper supply for private use and for irrigation, and, finally, the general conditions must be such as will insure the prosperity of the new owner of the lot.

(<7) An official inspection will be made of the district and' of all documents referring to the property, in order that the foregoing conditions may be found to have been complied with.

(e) The lots must be of sufficient size to allow of expansion.

SEC. 2. The Federal Government wrill make no loans.

ART. 81. So soon as the essential conditions referred to in the preceding article have been found to be complied with, the immigrants and their families, who are to be settled as owners of the land, may be brought in by the union directly or on the refunding of their passage money at current rates on the following conditions:

The Immigration Situation in Brazil. 225

(a) That they are in a position to buy the lots cash down and have sufficient resources to keep themselves, while cultivating the land or starting any indus- try, until they begin to make a profit, without any other privileges; or

(7>) The owners of the land shall prove that they have made a contract with the immigrants, or with the Government of the State interested, on such terms as to guarantee not only the sale of lots, marked out and ready, at a reason- able price, but also the granting of such aid as the immigrants shall need at the time of their first installment and until they are in a position to support themselves.

ART. 82. Apart from the aid given in accordance with the preceding article the union may grant to the respective companies, associations, or private individuals, premiums for the families of immigrant farmers settled, when they have been installed for a year to a year and a half and are prospering and show intention to remain.

SECTION 1. The number of families settled which will give a right to premiums, as well as the amount and mode of distribution of the same, will be arranged by the Federal Government in each case.

SEC. 2. The State interested may aid in the measuring and marking out of the lots and grant any other privileges which it may see fit.

ART. 83. At the same time that the Federal Government recognizes, in accord- ance with articles 80 and 81, that the circumstances are favorable for the settling of immigrants as owners, and authorizes the company, association, or private individual to make the lots ready for their reception, it may fix a date by which time the necessary work must be concluded, and if it is not concluded by that date the union will no longer be responsible for granting aid or premiums.

ART. 84. When companies, associations, or private individuals promote the settling, on a large scale, of land which belongs to them, as in section 1, sections (a), (c), (eZ), and (e), of article 80, and propose to link up their property by branch lines to railway stations already existing, consuming centers, and sea or river ports, the Federal Government may grant them, if it deems convenient and subject to contract made previously, a subsidy of $6,000 per kilometer open to traffic.

In said contract shall be defined the conditions to be observed with regard to technical questions and those affecting date of payment, the maximum length to be subsidized, repayment of aid granted, etc.

ART. 85. Agricultural banks and syndicates, formed according to the laws at present in force, so soon as they have subscribed to the conditions of this decree will be granted the preference for the obtaining of aid and premiums on the bases here laid down.

CHAPTER VI. Concerning service roads.

ART. 86. Whenever convenient service roads may be established at points starting from railways already in traffic or construction or from rivers navigated by steamers.

ART. 87. A service road in accordance with this decree is a carriage road with lots on either side of it, duly measured and marked out and contiguous to each other, and intended for the settling of immigrants as owners of the soil.

ART. 88. Service roads ought to be situated in districts which satisfy all the essential conditions exacted for nucleus colonies, and by preference will be opened on fallow lands or private estates, which have been abandoned when accidents of position or splitting up into strips which are more fertile, or other circumstances suggest the adoption of this system for their better exploitation.

ART. 89. Service roads will only be made over fallow lands by the State or in agreement with it.

ART. 90. The definite construction of service roads over private estates will be undertaken by the owners, or in agreement with them, unless, when surveys and plans have been made, no agreement can be come to, and it is found neces- sary to disappropriate the estates in the public interest.

ART. 91. Service roads will be on the same basis as nucleus colonies in every respect.

226 The Immigration Commission.

DIVISION III. CONCERNING IMMIGRATION. CHAPTER I. Concerning the introduction of immigrants.

ART. 92. The Federal Government will promote the introduction of immi- grants who, being agriculturists and accompanied by their families, desire to settle in the country as owners of the land on lots belonging to nucleus colonies, or on such other estates as satisfy the requirements of this decree.

ART. 93. Immigrants will be introduced in proportion as the lots are measured, marked out, and ready for their reception.

ART. 94. In special circumstances and in order to meet an obvious and imme- diate want, the Federal Government may, at its discretion, bring in, at its own, expense, professors of agriculture or industry or immigrants of any nationality and profession for the construction of railways, public works, factories, etc., which will be to the advantage of the immigrants.

ART. 95. Immigrants shall be considered spontaneous who come from foreign ports and travel second or third class at their own expense.

ART. 96. The union will refund the third-class fares from the port of em- barkation to the port of disembarkation to such spontaneous immigrants as are fanners and whose families consist of at least three persons of more than 12 and less than 50 years of age, fitted for work, and who settle as owners of land.

SECTION 1. The amount to be refunded for passages will be calculated ac- cording to the price paid during the same month to shipping companies who Have carried immigrants between the same ports at the expense of the union, or, failing this, at the expense of the States.

If no such basis is available, the fares will be refunded in accordance with the usual prices charged by the respective companies.

SEC. 2. The right to this refunding lapses if the same is not claimed within two years from the date of entry of the ship on which they arrived.

ART. 97. When the number of spontaneous immigrants arriving in the country fs not deemed sufficient or to be increasing satisfactorily, the union will grant, free of charge (without any repayment whatsoever having to be made to the Government), to such foreigners who are farmers and arrive accompanied by their families or invited by them, when they have been recognized as immigrants according to the terms of article 2, and come with the intention of settling as owners of the laud :

I. Third-class passages from the port of embarkation to the port of Rio de Janeiro or any other Brazilian port which is properly equipped with a department for their reception and housing.

II. At the above-mentioned ports, reception, disembarkation of themselves and their baggage, lodging, food, medical attention, and medicine, in case of illness, at their arrival and for such period as may elapse before they are settled at the point which they may choose.

III. Transport by rail or steamer to the station or port of destination.

ART. 98. Such immigrants as are spontaneous or come with their passages paid by the States or third parties and arrive at Rio de Janeiro or any other Brazilian port, which is properly equipped for their reception and housing, will be granted the privileges mentioned in Nos. I and II of the preceding article.

ART. 99. Such immigrants as come into the country at the expense of the union, according to article 94. will also have a right to the privileges laid down by article 97.

ART. 100. Immigrants' baggage, including tools necessary to agriculture or for the profession to which they belong to, will be admitted duty free in accord- ance with the law at present in force.

ART. 101. All information that they may desire will be afforded to immigrants by means of interpreters, who will accompany them whenever necessary.

ART. 102. Immigrants are absolutely free to choose their destination, and it is strictly forbidden to influence them in any way in this matter.

ART. 103. Representatives of Brazil and immigration commissioners abroad will take every measure necessary to prevent the arrival of second and third class passengers "who can not be recognized as immigrants ex vi article 2 of this decree.

The officials for the reception of immigrants, the doctors attached to the public health department, and the police of Brazilian ports will prevent the disembarkation of such persons and the shipping companies on whose vessels ittey arrive are obliged to repatriate them.

The Immigration Situation in Brazil. 227

CHAPTER II. Concerning formalities for the introduction of immigrants.

ART. 104. Immigrants will be brought in at the expense of the union by ship- ping companies or shipowners who have been duly authorized by representa- tives of the Federal Government. The price will be fixed beforehand, while the hygienic condition and the accommodation of the passengers must be assured in accordance with the dispositions of this decree.

ART. 105. The agreement shall be fixed by one or more companies, as and when the Federal Government may determine, and preference shall be given to those who best meet the wishes of the Government and offer the best guaranties., together with low rates for rapid transit and good accommodations and treatment for the immigrants.

ART. 106. Any agreement for the introduction of immigrants will only remain in force at the convenience of the Federal Government, which reserves to itself the right, by its own action, or those of its accredited representatives, of exer- cising full fiscal action, of choosing immigrants, of refusing those who do not comply with established conditions, of refusing right to embark, of limiting the number of passengers, and, finally, of refusing to recognize the agreement at any time without any indemnity.

ART. 107. Only those immigrants will be introduced at the expense of the union whose passages have been arranged with companies, with whom an agree- ment is in force, by the duly accredited representatives of the Government.

ART. 108. Whilst the agreement is in force the companies will also bind themselves :

I. To grant to all emigrants who shall be classed as immigrants, according to article 2 of this decree, and who desire to come with second or third class passages, which they pay themselves (spontaneous), a rebate of 10 per cent on the official rates, according to their ages and the ports of embarkation and disembarkation.

II. To never charge higher prices than those arranged with the Federal Government, in accordance with age and between the same ports, for the trans- port of immigrants who are introduced through the officials of the Federal immigration service at the request of governors of States, companies, associa- tions, and private individuals who undertake to bear the expense.

ART. 109. Preference for transport by shipping companies, who have contracts under this decree, will be given to spontaneous immigrants, those invited by their relations already established here, those called officially, and the families of farmers which consist solely of members of over 12 and under 50 years of age.,

ART. 110. Companies which undertake the introduction of immigrants must advise Government at least eight days before their arrival here as to the date of embarkation abroad, the probnble date of arrival, the name of the ship on which they are coming, and their number.

ART. 111. Immigrants brought in at the expense of the Federal Government shall present a list in duplicate, in which shall be inscribed their name, age, State, nationality, and profession, relationship to the head of the family and quantity of luggage, containing their own declaration that they have disbursed nothing for their own passages .or those of their families or for the transport of their baggage.

These documents must bear the vise of the official appointed for this pur- pose at the port of embarkation or, in default of this, the vise of the Brazilian consul or consular agent.

ART. 112. The company carrying immigrants at the expense of the Federal Government will draw up a detailed list of the baggage handed to them, which, together with the other documents, will be presented to the officials at the port of arrival.

ART. 113. Such immigrants as are brought in at the request and expense of the States, companies, associations, and private individuals by the Federal immigration agency abroad must also possess documents similar to those held by immigrants brought in at the expense of the Federal Government.

ART. 114. Immigrant's luggage shall arrive on the same vessels as them- selves, and the company, when receiving it at the port of embarkation, shall hand to each immigrant or head of the family a receipt showing the number of pieces belonging to him and such marks as will facilitate their delivery.

These receipts must be checked with the list treated of in article 112 of this decree.

228 The Immigration Commission.

ART. 115. The parentage, age, morality, and profession of the immigrants shall be proved by trustworthy documents bearing the vise of the official appointed for this purpose at the port of embarkation or, in default of this, the vise of the Brazilian consul or consular agent, any of which officials shall have the right to refuse these and other documents which they may consider to be false or insufficient.

AKT. 116. In the agreements made with the shipping companies rules shall be laid down affecting the constitution of families of immigrant farmers who are to be brought in at the expense of the Federal Government, as well as any other conditions which may affect the service.

CHAPTEB III. Concerning the service of receiving, disembarkation, housing, feeding, and distribution of immigrants.

ART. 117. The service of receiving, disembarkation, housing, feeding, and dis- tribution of immigrants will be carried out at the expense of the union at the port of Rio de Janeiro.

ART. 118. In State ports the services treated of in the preceding article will be at the expense of the State interested, whilst the union may also lend aid, as indicated in this chapter, by mutual arrangement.

ART. 119. The union will grant aid to the States toward defraying the ex- pense of the service of receiving, disembarkation, housing, and distribution, if the immigrants are brought in at the expense of the Federal Government or are spontaneous, according to the conditions of this decree.

ART. 120. In other cases than those provided for in the preceding article the cost of the said services will not be defrayed by the union, but will be at the expense of the States, companies, associations, or private individuals.

ART. 121. Without previous official authorization the companies, associations, or private individuals may not undertake the disembarkation of immigrants.

ART. 122. Union aid, as referred to in article 119, will consist in payment to the States of an amount previously fixed pud calculated on an average per immigrant, taking into consideration the conditions of the port and of disem- barkation, the time spent in the hostels, which must not exceed six days, except in the case of the illness of an immigrant or of a member of his family.

So soon as the State Government has made an arrangement with the Fed- eral Government as to the amount payable, the latter will appoint an offi- cial at the respective hostel, who shall calculate the amount of the grant to be made and shall take such measures as may be necessary for arranging the destination of the immigrants and furnishing them with such information as they may require.

ART. 123. Transport by rail or boat will be paid for by the union when the immigrants are spontaneous and when they request same, when they have been brought in at the expense of the Federal Government, companies, associations, or private individuals and when the means of communication are under the administration of the Federal Government.

ART. 124. Transport by high roads or cart roads from the railway stations or ports where the immigrants disembark to the nucleus colonies or place of destination will be furnished by the union if the said colony be under their administration, and at the expense of the States, companies, associations, or private individuals when these have founded the nucleus colonies or have brought in the immigrants.

ART. 125. The lodging of newly arrived immigrants at the nucleus colonies or place of destination will be at the expense of the administration of said colonies or of the parties who brought in the immigrants, whether these be the Union, the States, companies, associations, or private individuals.

ART. 126. The services of receiving, disembarkation, housing, feeding, and distribution of immigrants are worthy of the greatest care on the part of the officials who shall carry out such services with the utmost zeal.

CHAPTER IV. Concerning repatriation.

ART. 127. Government will repatriate such agricultural immigrants as may desire it, who have been brought in at the expense of the Union, if they have resided in Brazil for less than two years and under the following conditions :

I. Widows and orphans who absolutely can not support themselves and have no members of their families to fall back upon.

The Immigration Situation in Brazil. 229

II. Such immigrants as are incapacitated from work on account of incurable disease or from accidents arising from work, if they have no other members of their family fit for work.

III. Wives and children (less than 12 years of age) of immigrants in the above-mentioned case if they have no means of support.

IV. Children of less than 12 years of age and members of immigrant families in the above-mentioned circumstances.

ART. 128. For repatriation to be granted to immigrants in cases I, III, and IV of the preceding article, they must have lived continuously under the roof of the head of the family, whose absence and incapacity is the reason for their request.

ART. 129. Repatriation will be granted, if requested, to spontaneous immi- grants or to those recognized as such according to the dispositions of this decree, when they are in the condition mentioned in articles 127 and 128.

ART. 130. Such immigrants as are in the position referred to in the three preceding articles and wish to return to their country of origin will be given third-class passages by the Government to the port nearest their destination and aid toward their expenses of 50$ to 200$, according to the number of persons in the family and the length of the journey.

ART. 131. Lots which are held on definite titles by immigrants having a right to repatriation may be sold by them or transferred for their advantage, with- out prejudicing the rights of third parties, and on the liquidation of any debts they may have contracted with the Union. If the title is provisional they will be authorized to sell or transfer them for their own benefit according to the rights which they possess.

DIVISION IV. SOLE CHAPTER. General regulations.

ART. 132. The Federal Government may defray the expenses of a trip home as reward to such immigrants who have resided not under three and not over six years in Brazil and who own definite titles to landed property. Such rewards will be granted only to immigrants who by their good behavior, morals, and zeal in their work shall have deserved them.

ART. 133. The Federal Government shall every year fix the number of the re- wards referred to in the preceding article and authorize the choice of the inimi- gants entitled to them, granting them free return tickets if desired.

ART. 134. The transmission and reception of letters and telegrams between immigrants and their relations or friends residing abroad will be facilitated as much as possible through interpreters or by other means.

ART. 135. Nucleus colonies for the exclusive reception of Brazilian farmers will only be founded by the Union when the public need demands it and the interested State can not undertake the same. The State will, however, con- tribute a share of the expenses.

ART. 136. The Federal Government will employ all the necessary means for disseminating knowledge by means of an active propaganda of the natural ad- vantages, multifarious resources, and easily gained livelihood which Brazil offers to hard-working people who desire to employ their activity on any part of its territory.

ART. 137. For the full and complete execution of this decree supplementary instructions will be issued.

ART. 138. All dispositions to the contrary are hereby revoked.

Rio DE JANEIRO, April 10, 1907.

MIGUEL CALMON DU PIN E ALMEIDA.

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