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Full text of "Emigration and immigration: legislation and treaties"



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THE UNIVERSITY 

OF ILLINOIS 

LIBRARY 

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Return this book on or before the 
Latest Date stamped below. A 
charge is made on all overdue 
books. 

University of Illinois Library 



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325 



International Labour Office 



EMIGRATION 



AND 



IMMIGRATION : 



LEGISLATION AND TREATIES 




GENEVA 
19 2 2 



PRICE 



, I 6 shillings. 
' i $ 1.25. 



■i 



International Labour Office 



EMIGRATION 

AND 

IMMIGRATION: 



LEGISLATION AND TREATIES 




GENEVA 
19 2 2 



3^S 



TABLE OF CONTENTS 

Page 

INTRODUCTION IX 

PART I 
Legislation concerning Emigration. 

CHAPTER I. — The Definition or an Emigrant . .. 1 

CHAPTER II. — The Right to Emigrate and Res- 
trictions ON this Right ' 13 

A. General Principles 13 

B. The Restrictions *. . . 13 

1. Military service 14 

2. Legal proceedings pending .../... 16 

3. Minors - • . . 17 

4. Special regulations concerning women . . 20 

5. Old age and permanent incapacity .... 22 

6. Sickness and infirmity 22 

7. Cases in which it is probable that the 
emigrant will be refused admission in the 
country to which he is travelling .... 24 

8. Absence of identity papers or other special 
documents 24 

9. Obligations undischarged by the emigrant 26 

10. The occupation of emigrant workers ... 28 

11. Lack of resources either on arrival or on 
departure 28 

12. Collective emigration 29 

13. Receipt of an advance for the expenses of 

the journey 29 

14. The obligation to embark at certain ports 30 

15. Emigrants previously repatriated at the 
expense of the State 32 

16. Reasons of a general nature 32 



57'fil7 



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CHAPTER III. — The Passport as an Essential 

Preliminary to Leaving a Country 35 

CHAPTER IV. — Emigration Funds 41 

A. The Constitution of the Fund 41 

B. Administration of the Fund . 43 

C. Special Regulations in force in Certain Countries 44 



CHAPTER V. — The Protection of Emigrants and 
THE Information given to them before Depar- 



ture 



46 



CHAPTER VI. — Protective Measures concerning 
Owners of Undertakings and Agents engaged 
IN Transport, Emigration and Recruiting 61 

I. Agents in General 61 

A. Necessity for a License 61 

B. Conditions which must he Fulfilled before a 

License can he Obtained 62 

C. Agents' Deposits 68 

D. Recruiting Agents '^^ 

II. The Obligations of Agents 78 

A. The Contract : 

1. Need for a written contract 78 

2. Clauses in the public interest 80 

3. Cost of the journey 81 

4. The responsibility of the agent in relation 

to his employees 88 

B. Cancelling Contracts or Delay in executing them : 

1. The obligation to feed and house the emi- 
grant in case of delay 85 

2. Withdrawal from the contract in cases of 

force majeure 89 

3. Withdrawal due to the fault of the trans- 
port agent 91 

4. Withdrawal at the desire of the emigrant 92 

5. Enforced stay at a port 92 

6. Insurance of the emigrant and his luggage 93 

7. Burial 95 

C. Repatriation of Emigrants: 

1. Emigrants refused admission ; transport 
agent at fault 95 

2. Other cases of repatriation 96 

IV 



Page 

D. Police Regulations : 

1. Communication of lists of emigrants ... 98 

2. Publicity and notices 101 

3. Admission of officials on the voyage . . . 101 

4. Medical inspection before departure . . . 103 

5. Arbitration, legal and administrative deci- 
sions 103 

6. Statistics and accounts 105 

E. Other Duties of Emigration A gents to Emigrants : 

1. The carrying of money 106 

2. Transport of luggage 107 

3. Refuges for emigrants 107 

4. Obligation to pay a fixed salary to agents 

and sub-agents 107 

III. Restrictioxs ox the Activity of Agexts . . 108 

1. Prohibition of propaganda in favour of 
emigration 108 

2. Prohibition of demands that emigrants 
should make certain payments or stay in a 
particular place or perform certain work 111 

3. Prohibition of a demand for supplementary 
payments Ill 

4. Prohibition of the sale of additional tickets 112 

5. Prohibition of advances and exchange 
operations 112 

6. Prohibition of the employment of un- 
authorised agents 113 

7. Prohibition of transhipment 114 

8. Prohibition on embarking emigrants in 
foreign ports 114 

9. Prohibition of the transport of persons 
whose emigration is forbidden 114 

IV. Pexalties for Ixfrixgement of the Law . . 115 

CHAPTER VII. — Traxsport 116 

A. Transport by Sea 116 

B. Insurance of Emigrants transported by Sea . . 122 

C. Transport by Land 123 

CHAPTER VIII. — The Protectiox of the Emigrant 

Abroad by the Authorities of his Couxtry 125 

CHAPTER IX. — Special Regulations coxcerxixg 

Contixextal Emigration 129 

CHAPTER X. — Emigrants ix Transit 135 



Page 

CHAPTER XI. — Repatriation 139 

APPENDIX. — List of Acts, Bills and Regulations 

CONSULTED 145 



PART II 
Legislation concerning Immigration. 

CHAPTER I. — The Definition of an Immigrant 155 

CHAPTER IL — Conditions of Admission 163 

1. Police regulations, including those relating 

to moral character 165 

2. Conditions concerning the defence of the 
existing social order 175 

3. Conditions relating to race, religion or 
nationality 177 

4. Literacy tests 188 

5. Health regulations 190 

6. Conditions of an economic or occupational 
nature (situation as regards property, 
trade, contract of labour, age, sex, etc.) 197 

7. Restriction of the number of immigrants 214 

8. Various exceptions 218 

CHAPTER III. — The Organisation of Immigration. 221 

1. Administrative bodies dealing with immi- 
gration 222 

2. Advantages granted to immigrants . . . 236 

CHAPTER IV. — Admission and Rejection of Immi- 
grants 247 

1. Examination at point of departure . . . 248 

2. Travelling and transportation conditions 250 

A. Continental immigrants 250 

B. Transoceanic immigrants 250 

(1) General sanitary conditions . . 251 

(2) Conditions relating to the equip- 

ment of the ships 255 

3. Admission (examination and taxes) . . . 257 

4. Procedure in the event of disputes, rejec- 
tion, repatriation and deportation . . . 272 

VI 



Page 

CHAPTER V. — The Treatment of Immigrants 

AFTER Arrival 289 

1. Registration 289 

2. Facilities for finding employment .... 294 

3. The protection of immigrants 301 

APPENDIX. — List of Acts, Bills and Regula- 
tions CONSULTED 309 



PART III 



International Agreements concerning Emigration 
and Immigration. 

INTRODUCTORY REMARKS 319 

CHAPTER I. — General Treaties 323 

A. Historical Review 323 

B. Principal General Treaties relating to Emi- 

gration 328 

1. Conventions relating to the slave trade 328 

2. Treaties between the United States and 
China 330 

3. Anglo-Chinese Treaties of 1860 and 1904 

on the emigration of coolies 332 

4. Franco-British Convention of 1906 on the 

New Hebrides 334 

5. Convention between Portugal and the 
Transvaal 336 

6. Hispano-Liberian Convention 337 

7. The Franco-Polish Convention of 1919 . . 338 

8. The Franco-Italian Treaty of 1919 . . . 342 

9. The Greco-Bulgarian Convention .... 345 

10. The Franco-Czechoslovak Convention of 
1920 346 

11. The Italo-Luxemburg Treaty 347 

12. The Austro-Polish Agreement of 1921 . . 349 

13. The Italo-Brazilian Treaty 351 

C. The 1919 and 1920 Peace Treaties 353 

D. Conventions relating to the Transit of Emigrants 355 

E. Commercial Treaties 356 

F. Treaties concerning the Residence of Foreigners 360 

G. National Legislation authorising the Conclusion 

of Treaties concerning Emigration 362 

VII 



Page 

CHAPTER 11. — Special Treaties 365 

A. Bilateral Treaties 366 

1. Treaties concerning insurance in general 367 

2. Conventions concerning accident insurance 370 

3. Conventions concerning old age and inval- 
idity insurance 382 

4. Conventions on unemployment in surance 

and relief 384 

5. Conventions concerning health insurance 386 

6. Treaties on the protection of workers . . 387 

7. Conventions relating to a specified occu- 
pation (sailors, miners, agricultural work- 
ers) 389 

8. Conventions relating to savings and the 
transfer of money 390 

9. Conventions concerning relief and repat- 
riation ... 392 

10. Treaties concerning the protection of 
minors and the infirm 395 

11. Treaties concerning the right of association 395 

12. Agreements concerning the nationality of 
emigrants 396 

13. Conventions relating to passports and fron- 
tier police measures 397 

14. Conventions relating to public health . . . 398 

B. Multilateral Treaties 398 

1. The Berne Labour Conventions of 1906 399 

2. International Draft Convention concerning 
charitable relief for foreigners (1912) . . 400 

3. Convention concerning legal assistance to 
foreigners (1905) 402 

4. Conventions concerning the guardianship of 
minors and insane persons 403 

5. Police and passport conventions .... 404 

6. Conventions concerning the suppression of 

the traffic in women and children . . . 405 

7. Conventions and Recommendations of the 
International Labour Conference .... 407 

APPENDIX. — List of Treaties, Conventions, 
:^-.^ Agreements, Notes Exchanged, etc., consul- 
ted OR REFERRED TO 419 



SUPPLEMENT. — Legislative and Diplomatic 
Measures Adopted between 1 January 1922 
AND the End of August 1922 429 



VIII 



INTRODUCTION. 



Among the principles, the application of which would seem 
likely to ensure the establishment of universal peace based upon 
social justice, the Treaty of Peace included the protection of the 
interests of workers when employed in countries other than their 
own and the regulation of the labour supply. A programme of 
this kind implies that workers in search of employment should 
be granted facilities and guarantees to go from one countrv to 
another. It is for this reason that the International Labour Con- 
ference at its First wSessicn. held at Washington in October 1919, 
considered the regulation of emigration as one of the means avail- 
able for dealing with the problem of unemployment and adopted 
a Resolution asking the Governing Body of the International 
Labour Office to constitute an International Emigration Com- 
mission which, while giving due regard to the sovereign rights of 
each State, should consider and report what measures could be 
adopted to regulate the migration of workers out of their native 
conn fry and to protect the interests of wage earnei-', residing in 
another country than their own. 

This Commission, composed of representatives of the Govern- 
ments, employers' organisations and workers' organisations of 
eighteen of the principal countries of emigration and immigration, 
met at Geneva on 2-11 August 1921. It undertook a general 
study of the different aspects of the problem of emigration, as a 
result of which it adopted a large number of Resolutions which 
constitute a complete programme of work for the protection of 
emigrants and of workers living in countries other than their own. 

These Resolutions, of which there are 29, are contained in a 
report which was submitted to the International Labour Confer- 
ence of 1921. The measures proposed deal with the supervision 
of undertakings and agents concerning transport and emigration, 
the collective recruiting of workers in foreign countries, the in- 
spection of emigrants before embarkation, hygiene on board ship 
and in emigrant trains, insurance of emigrants during the 
Journey, arrangements for finding employment for emigrants who 
have arrived at their destination, the legal protection of wages, 
welfare and insurance systems, special taxes on foreign workers, 

IX 



education, and various other matters intended to ensure to foreign 
workers of whatever race equahty of treatment from the economic 
point of view, identical, if possible, with that accorded t( the 
nationals of the country concerned. 

At the head of this programme, as an essential preliminary of 
any study of the problems of emigration from the international 
point of view, the Commission placed the need for ensuring an 
international supply of information, as accurate and complete as 
possible, on the different aspects of the problem of emigration, 
and it passed a special Resolution in favour of the regular com- 
munication to the International Labour Office of all available 
information which each State possesses on this question, and on 
the other hand, the establishment of certain basic common rules, 
with regard to statistics, so as to make international comparisons 
possible. This question is on the agenda of the Fourth Session 
of the Conference. 

The International Emigration Commission, however, thought 
that the supply of information, however indispensable it ma\ be, 
could be considered only as a first step towards the attainment of 
the objects in view. In the opinion of the Commission, it is also 
of importance to ensure harmony in the measures taken by 
different States on the matter of emigration. The effect of such 
a co-ordination of national laws would be to smooth over the dif- 
ficulties which might occur between countries of emigration and 
immigration, to ensure the application of measures of an inter- 
national nature which the Governments consider it desirable to 
adopt by agreement, to supervise the application of international 
Conventions on the subject of the recruiting of workers, in a word, 
to bring into harmony the sometimes diverse measures taken by 
different States with a view^ to regulating emigration and im- 
migration. 

The Commission thought that the International Labour Office 
was particularly w^ell qualified to attempt to bring about this inter- 
national co-ordination, and it adopted on this subject the follow- 
ing Resolution: — 

The Commission requests the Governing Body of the International 
Labour Office to take all measures necessary to ensure that the Technical 
Emigration Section, assisted, if necessary, by a few experts, shall inves- 
tigate the question of international co-ordination of legislation affecting 
emigration. 

The present volume has been prepared in order to assist in 
achieving the double object of a thorough knowledge of the phe- 
nomena and the elaboration of a uniform legislation. It con- 
stitutes the • preparatory work which is indispensable for the 
further study of the legislative problems dealt with by the Com- 
mission. If the study of these questions, which will be raised 
before the International Labour Conference, is to be undertaken 
with success it is necessary to have at least a general idea of all 
the aspects of the phenomenon in countries. That is the object 
of this volume. 



X 



No attempt has been made to draw up a practical guide for 
Hie use of the emigrant ; for the International Labour Office does 
not pretend to be able to replace the advice of the authorities or 
of philanthropic societies. The aim has been to provide the 
necessary means of work for philanthropists who desire to know 
the measures of regulation and protection adopted in favour of 
emigrants, for private societies which are trying to find out the 
countries to which emigration can take place, for people engaged 
in political work, and for legislators. 

This work is not to he considered as a complete collection of 
the legislative or administrative provisions adopted for the regul- 
ation of emigration. That would have been an enormous task 
which at the present time is premature. There can be no question 
of entering into the details of texts adopted in all countries, but 
cnly of making known the guiding principles of the various laws. 
and the means adopted to control the volume, direction, and 
nature of migratory movements, in order to determine, from a 
consideration of all these measures, the essential regulations 
which should lead to the realisation of the programme which 
the International Emigration Commission set before the Govern- 
ments. 

Whilst the work of the International Emigration Commission, 
and that of future Sessions of the International Labour Con- 
ference, may lead to the adoption of Conventions intended to 
simplify and co-ordinate existing laws, the present volume will 
already make it possible to comoare the legislative and diplomatic 
measures in force, to bring into prominence the differences, which 
often result, in practice, in serious difficulties for the emigrants, 
and to discover the points on which agreement is possible. 

For this reason, the laws, regulations, and treaties are not 
presented in extenso country by country, but are classified accord- 
ing to matter. This seemed likely to facilitate the consultation 
of the volume on any particular problem. The sense and the 
scope of texts existing in the different States are in fact made 
clear by comparison, and it is possible to understand the various 
uRtional laws as a whole better in examining the points on which 
they agree and on which thev differ. 

Almost always a law concerning emigration or immigration 
has no meaning unless it is compared with the corresponding law 
of the country from which the emigrant comes, or to which he 
goes. It is of particular importance to place the provisions con- 
cerning immigration in relation to emigration laws and uice versa, 
without forgetting to indicate the legislation of countries of transit 
r.nd of the country whose ships carry the emigrant from one 
country to another. 

It is also necessary, for the purpose of studying the complete 
system of regulations applied by a particular countrv, to consider 
not only its legislation, but also bilateral treaties and general con- 
ventions to which the country has adhered. In the course of 
recent years, international agreements concerning emigration have 

XI 



developed to such an extent that it is no longer possible to neglect 
them ; laws and treaties now form an indivisible whole. 

Finally, by analysing the texts, it has been possible to omit 
unimportant details, questions of internal law and other matters 
which are of hardly any, or no, interest to emigrants, and to 
make only a rapid examination of secondary aspects which are 
transitory or purely administrative. Thus attention has been con- 
centrated upon the essential points, often difficult to perceive in 
the length and complexity of legislative and diplomatic texts. 

The book has been divided into three principal parts : 

1) Legislation concerning emigration. 

2) Legislation concerning immigration. 

3) International agreements concerning emigration and immi- 
gration. 

Certain subjects, which are dealt with within these three 
broad divisions, such as transit of emigrants, continental emigra- 
tion, repatriation, transport, and settlement, while being subject 
to the ordinary legislative measures concerning emigration, have 
necessitated certain special measures to which it has been deemed 
necessary to refer. 

The table of contents has been made as detailed as possible 
in order to facilitate a search for information on particular sub- 
jects, while each question has been dealt with in the alphabetical 
order of the different countries, so as to make it possi])ic to find 
and to bring together the matter contained in the whole of a text 
relating to a particular country. 

Thirty-two countries sent replies to the Questionnaire which 
was despatched to the Governments in preparation for the work 
of the International Emigration Commission, and th.ose countries 
also sent copies of all their available documents, bolli legislative 
and diplomatic, concerning emigration and immigration. The 
technical section of the International Labour Office lias m addi- 
tion obtained a large number of texts relating to otlier countries, 
and other questions, so that it has been possible to consult the 
laws, regulations and treaties of 76 countries. These countries 
are Albania, Algeria, Argentina, Australia, Austria, Belgium, the 
Bermudas, Bolivia, Brazil, Bulgaria, Canada, Chile, China, Co- 
lombia, the Belgian Congo, Corea, Costa Rica, Cuba, Curacao, 
Czechoslovakia, Denmark, Ecuador, Esthonia, Finland, France, 
Germany, Great Britain and Ireland, Greece, Guatemaia, British 
Guiana, Dutch Guiana, Haiti, Honduras, Hungary, India, M ether- 
lands Indies, Italy, Japan, Latvia, Liberia, Lichtenstein, Lithuania, 
Luxemburg, the Republic of San Marino, Morocco, Mexico, the 
Principality of Monaco, Mozambique, Netherlands, Newfound- 
land, New Zealand, Norway, Palestine, Panama, Paraguay, 
Persia, Peru, Poland, Portugal, Rhodesia. Roumania, Russia, Sal- 
vador, Kingdom of the Serbs, Croats and Slovenes, Siam, Spain, 

XII 



South Africa, Sweden, Switzerland, Tanganyika, Tunis, Turkey, 
United States, Uruguay, Venezuela, Zanzibar. 

This work deals only with measures adopted before January 
1922. Since then a certain number of laws and bills, which are 
mentioned, have already been modified or definitely adopted in 
the form of Acts. ^ This book deals only with the essential laws, 
the texts of which have been communicated or have been ob- 
tained in some other way, and it makes no pretension to exhaust 
the subject. It has not been possible to include either all the 
details of colonial legislation or a study of the regulations of 
individual States forming part of a federation, or special regula- 
tions adopted in the administration of certain ports, provinces 
or territories. In 1907, the Italian Government attempted to 
make an enumeration of all laws and regulations on the subject 
and it discovered the titles of more than a thousani texts. To- 
day, this list would be considerably longer. It has, therefore, 
been necessary to give only what is essential and what is impor- 
tant at the present time. 

Even within these limits it is probable that important texts 
have been omitted or have not been given their due value. The 
International Labour Office will always be glad to 'lave these 
emissions and any errors which may have escaped its attention 
pointed out to it, so that it may be possible to correct the inform- 
ation which is now at its disposal, and to prepare more com- 
plete publications, the need for which will probably be shown in 
the near future. 

No reforms and no modification of existing legisl.Uion are 
suggested in the present volume, which is purely of a d<jcumcntary 
nature, but those readers who are patient enough to study it 
without being repelled by a subject almost entirely legal in cha- 
racter will certainly find matter for reflection. 

A general view of existing legislation on the subject of emi- 
gration bears a particular interest at this moment, when most 
Governments seem to be revising their general emigration policy. 
During the whole of the 19th century, migration, was, generally 
speaking, unhindered, and each emigrant could decide on the 
time of his departure, his arrival or his return, to suit his own 
convenience. 

Almost all countries kept an open door both for emigrants 
and immigrants. The United States in particular, the .great coun- 
try of immigration, willingly received the millions of emigrants 
who went there from all the countries of Europe, and almost 
all other countries of immigration held out welcoming hands. 
In the European countries of emigration the disappearance of 
passports and a fairly general indifference on the part of the 

^ At the end of the boolc is a supplement giving an analysis of the 
principal legislative and diplomatic measures adopted between 1 January 
1922 and tlie endof August 1922. Further, the -'Notes on Migration", 
which appear regularly in the International Labour Review give an account 
of current events relating to emigration, 

XIII 



Governments so far as migration was concerned rendered this 
easy ; the emigrant could decide freely, having no one but him- 
self to thank or to reproach for the success or failure of his 
venture. 

The war which in 1914 burst unexpectedly on t]ie world sud- 
denly dried up many of the sources of emigration raid broke off 
time-honoured relationships by altering the direction of, or 
damming up, the great migratory currents. All the belligerent 
countries had, for military or economic reasons, to raise barriers 
in order to prevent either the exit or entrance of eniigrints from 
or to their territory. A certain number of great nationalised war 
industries obtained labour of foreign nationality or even of native 
races in order to fill up for a few months the vacancies which 
were created by mobiHsation among the working class population. 

During the first few years after the war, public opinion in 
the different countries rather turned awav from the study of 
the phenomena of migration. On the other hand, countries both 
of emigration and immigration appeared to fear that, in the 
troubles and confusion of the post-war period, large movements 
of the population might compromise their national future, and 
severely restrictive measures were adopted. 

But as quieter times reappear it is possible to perceive a re- 
newed interest in the question of emigration, and Parliaments 
are returning almost everywhere to a consideration of this 
subject ; the United States, Italy, Greece, Czechoslovakia, the 
Kingdom of the Serbs, Croats and Slovenes, India, Brazil and 
several other South American Republics have recently passed 
lav.'s regulating migration. Bills have been announced or already 
introduced in many other countries, particularly in Germany, 
Austria, Canada, United States, France, Great Britain, the Ne- 
therlands, Roumania and the Netherlands Indies. Precise treaties, 
already numerous, have been concluded between couritncN of 
emigration and immigration. The multiplicity of regulations makes 
it necessary for emigrants to undertake a close study of texts, 
the application of which is ensured by severe passport regula- 
tions. The emigrant has to submit to all these provisions, under 
penalty of being rejected by the country of immigralion, or of 
offending against the law% thus losing the protection of his coun- 
try and often becoming liable to severe punishment. 

It is true that the present development is frequently inspired 
L>7/ tendencies which are rather of a national character and its 
scope is still restricted, but when it is considered how troublous 
are the times through which the world is still passing and how 
deeply its equilibrium has been upset by the war it will be easy 
to understand that emigration can help materially to make good 
the consequences of alterations in frontiers, changes with regard 
to economic well-being, the ruin of so many industries, and the 
upsetting of so many traditional relationships. Artificial solutions 
and the employment of force will give way to emigration, a redis- 
tribution of population which is insufficient in one place and 



XIV 



Miperabundaiit in another, immigration and settlement. To 
Ijrevent iniemployment. to do away with famines and olhcr 
|jerio(Hcal scourf^es. wliich are always l)rou£(ht about by a Inid 
distribution of population, to calm the minds of the people, an 
ever growing attention will have to I)e paid to the phenomena of 
n)igration. 

In a world which has once more become united and in which 
people understand that the well-being of each one is a con- 
dition of the well-being o fall, the problems of emigration will 
undoubtedly appear worthy 'of the special attention of (iovern- 
ments. 

This volume will, it is hoped, help in the discoverv, l)y study- 
ing the differences in existing legislation, of the guiding lines of 
a policy, inspired, above all, by the interests of the emigrants. 
Already the International Emigration (commission has drawn up 
A provisional programme which deserves examination. The deci- 
sions taken at the end of 1921 by the official delegates of 
seventeen of the Governments of the countries of emigration 
and immigration most interested in the matter are evidence of 
goodwill, and show the direction in which studies can ])e pursued 
at the present moment. 



XV 



Part I. 



LEGISLATION 

CONCERNING 

EMIGRATION 



CHAPTER I. 



THE DEFINITION OF AN EMIGRANT. 



The definitions of the terms "emigrant" and "immigrant" are 
closely allied. The present chapter is confined to an exam- 
ination of the former, while the latter is considered in Part II 
{Legislation concerning Immigration). It is important not 
to forget that it is the same person who, an emigrant at the 
start, becomes an immigrant at the end, and it is therefore desir- 
able, in preparing international conventions or recommen- 
dations on emigration, that the definition of an emigrant in 
the country from which the person sets out should apply to the 
same person as the definition of an immigrant in the country 
in which he arrives. 

The definitions of "emigration" and of "emigrant" adopted in 
27 countries are given below: — 

Australia. 

The Australian Government, in its reply to the Questionnaire^, 
defines an emigrant as "a person leaving Australia permanently". 



Austria. 

There is no legal definition of an emigrant, but the Austrian 
Government, in its reply to the Questionnaire, makes the follow- 
ing declaration : — '"We believe that an emigrant should 
be considered as a person who leaves his country to settle 
permanently in another country, or one who, with or without 
this object, goes with the intention of looking for work, and 
the definition should include the members of his family who 
accompany' or follow him." 

In the Bill of 1913 an emigrant is considered to be a per- 
son, whether an alien or not, who leaves the Empire and goes 
abroad with a view to earning his living there, and any person 

1 Questionnaire sent out by the International Labour Office at the 
end of 1920, in view of the meeting of the International Emigration 
Commission. 



who accompanies or follows him. With regard to trans- 
oceanic emigration, the Bill states that all persons who leave 
Austria in order to go to a non-European country, embark 
at an Austrian or foreign port, and travel in the steerage or 
in a class corresponding thereto, are to be considered as emi- 
grants, unless it is clear from the circumstances that the 
journey is not made with the object of earning their living. 

Belgium. 

The Regulations of 15 December 1876 consider an emigrant 
to be a passenger who pays a sum of less than 50 frs. per week 
for his passage. This regulation does not apply to persons who 
take their meals at the captain's or officers' table on board. In 
case of doubt the Maritime Commissioner has to decide the 
point. 

Canada. 

The Canadian Government in its reply to the Questionnaire 
states : "An emigrant from Canada is one who leaves that 
Dominion with the intention of remaining permanently outside 
the same." 



China. 

According to the Act of 21 April 1918, all workers who are 
citizens of the Chinese Republic and are employed abroad are 
considered as " emigrant workers". 

COREA. 

In the Act of 12 July 1906, concerning the protection of 
Corean emigrants, an emigrant is defined as a person who 
goes abroad with the intention of engaging in manual work, 
or a member of such person's family who accompanies him 
or joins him later. 

Czechoslovakia. 

A BilP introduced in 1921 includes in the class of emigrants 
all persons leaving the territory of the Republic in order to 
seek their living abroad or with the purpose of not returning, 
and also the members of the families of such persons accom- 
panying them or intending to join them. 

1 The Bill has since become law. 



Persons travelling steerage, or in a class corresponding to 
steerage, are considered as emigrants unless they are going 
abroad for other reasons than those mentioned in the preceding 
paragraph. 



Denmark. 

An emigrant, in the official Danish statistics of emigration, 
is, according to the reply of the Danish Government to the 
Questionnaire, a person "who, through an emigration agent 
authorised by the State, makes a contract in Denmark concerning 
his being conveyed to an oversea country, i.e. a country outside 
Europe. As & rule, all such persons, and consequently also 
pleasure trippers and commercial travellers, are in the Danish 
statistics to be put down as emigrants." 



Finland. 

In the absence of a legal definition, the Government states 
in its reply to the Questionnaire : "In the statistics, emi- 
grants are defined as all persons, with their families, who have 
left for some country out of Europe in order to earn a living 
or to improve their circumstances." 



France. 

A Decree of 9 March 1861 considers as an emigrant every 
passenger who pays for his passage on a sailing ship or steamer, 
including food, a weekly sum of less than 40 frs. This does not 
apply to passengers who take their meals at the captain's or 
officers' table. The Emigration Commissioner has to decide 
in case of doubt. 

The reply of the French Government to the Questionnaire 
shows that this definition has dropped out of use, for it 
states : "There is no legal definition of emigration to be 
found in French documents. It may be said that emigration is 
the act of leaving one's native country without intending to 
return, and with a view to settling abroad." 



Germany. 

The reply of the German Government to the Questionnaire 
states that the Emigration Act of 9 June 1897, which is now 
in force, contains no definition of an emigrant, but that it was 
the intention of the framers to understand by the term 
"emigration", the leaving of the territory of a State with a view to 

— 3 — 



settling elsewhere for a lengthy period, that is to say, if not 
for life, at least for a long and indefinite period. The reply 
adds that the new Bill now in preparation also includes tempor- 
ary emigration, and that it defines temporary emigrants as 
persons who leave their country to settle temporarily abroad. 



Great Britain. 

From the Regulations, dated 31 January 1912, made by the 
Board of Trade under Section 76 of the Merchant Shipping 
Act, 1906, as to Passenger Returns, it follows that an emigrant 
is considered to be any passenger who leaves the country after 
having resided there for at least one year, with the intention 
of settling permanently out of Europe and not within the 
Mediterranean Sea. 

The Merchant Shipping Act contains the following definition 
of a steerage passenger, who may be considered as almost the 
same as an emigrant : — "The expression 'steerage passenger' 
means all passengers except cabin passengers, and persons shall 
not be deemed cabin passengers unless 

(a) the space allotted to their exclusive use is in the pro- 
portion of at least thirty-six clear superficial feet to each statute 
adult ^ ; and 

(b) the fare contracted to be paid by them amounts to at 
least the sum of £25 for the entire voyage and is in the proportion 
of at least 65s. for every 1000 miles of the length of the voyage ; 
and 

(c) they have been furnished with a duly signed contract 
ticket in the form prescribed by the Board of Trade for cabin 
passengers." 

Further, the Conference of Premiers and Representatives 
of the United Kingdom, the Dominions and India, which met 
in London in 1921, decided that in future the terms " emigration" 
and " immigration," "emigrants" and "immigrants," should 
only be employed for movements to and from countries outside 
the Empire, whilst for journeys within the Empire terms such 
as "o^-ersea settlement" and "oversea settlers" should be used. 



Greece. 

The Emigration Act defines an emigrant as any third-class 
passenger, or passenger of any other class considered as equi- 
valent to the third-class by the emigration authorities, leav- 
ing a Greek port, directly or even indirectly by way of foreign 

1 "Statute adult" in the Merchant Shipping [Act means a person of 
the age of 12 years or upwards. 

_ 4 — 



ports for a non-European country, with the exception of Asia 
Minor and the north coast of Africa as far as the Straits of 
Gibraltar. 



Hungary. 

The Emigration Act of 1909 defines an emigrant as a person 
who goes abroad with a view to finding permanent employ- 
ment there. The provisions of the Act do not apply, as a general 
rule, to persons who go to a European country to do definite 
work for a period of less than one year. The Minister of the 
Interior can, however, according to need, extend the provisions 
of the Act by regulations to cover such persons. 



India. 

In the Indian Emigration Act, 1908, the word "emigrant" 
means a native of India who departs by sea under an agreement 
to labour for hire in some country beyond the limits of India, 
other than the Island of Ceylon or the Straits Settlements. 

In the BilP introduced in 1921 for amending the Act of 
1908, the definition is also made to include workers who are 
assisted to depart for the purpose or with the intention of working 
for hire or engaging in agriculture. The exemptions granted 
to Ceylon and the Straits Settlements are cancelled in this Bill. 



Italy. 

The Act of 13 November 1919, (Section 10), states :— 
"Except as specially provided to the contrary, any citizen shall 
be deemed to be an emigrant for the purposes of the laws and 
regulations respecting emigration, if he or she leaves the country 
exclusively for purposes of manual work or in order to carry 
on business in a small way, or goes to rejoin wife or husband, 
parents or other ascendants, children or other descendants, 
brother or sister, aunt or uncle, nephew or niece, or connections 
by marriage of the same degrees who have previously emigrated 
for purposes of work, or who is returning to a foreign desti- 
nation whither he had formerly gone as an emigrant under the 
conditions specified in this section." 

Regarding emigration to countries overseas. Section 17 of 
the above-mentioned Act states : "For the purposes of this 
chapter a citizen shall be deemed to be an emigrant if any of 
the conditions named in Section 10 apply to him, or if he is 
travelling in the third class or in any class which the General 
Emigration Office (Commissariato Generale deW Emigrazione) 

^ The Bill has since become law. 

— 5 — 



has declared to be equivalent to the third, provided that he is 
going to a destination bevond the Suez Canal (exclusive of Itahan 
colonies and protectorates) or the Straits of Gibraltar (exclusive 
of places on the coast of Europe). The regulations shall further 
determine in what cases a person travelling in a class above the 
third shall be deemed to be an emigrant unless the contrary is 
proved. An emigrant of other than Italian nationality who 
embarks at any port within the kingdom shall be treated in all 
respects as if he were Italian, except that he shall not be entitled 
to benefit by the activities of the emigrants' protection offices 
in other countries as specified in Section 8. Persons who of their 
own choice and at their own expense travel third class or in a 
class corresponding to the third on Italian or foreign steamships, 
and who are going beyond the Suez Canal, shall be deemed to 
be emigrants in cases where there are more than fifty such 
persons of Italian nationality; notwithstanding, the Department 
shall be empowered to authorise exemptions from this provision 
in respect of the conveyance of such persons." 



Japan. 

According to the Act for the protection of emigrants, all 
persons will be considered as such who leave Japan for the 
purpose of working abroad. 



Luxemburg. 

The reply to the Questionnaire states : "An emigrant is a 
person who leaves the Grand-Duchy to settle in a foreign 
country." 



The Netherlands. 

Existing legislation on the subject does not provide any 
definition of an emigrant. Section 27 of the Emigration Act 
applies only to vessels having at least 20 emigrants on board 
if they are going to European ports, or at least 10 emigrants 
on board if they are going to non-European ports. ^ 

^ The Dutch Emigration Society submitted a Report to the Govern- 
ment in 1918, when a new Emigration Bill was under discussion. In this 
report a critical study was made of different laws, and proposals were 
put forward with regard to the Bill. The report recommends a distinction 
between emigrants and transmigrants. Emigrants are defined as all 
Dutchmen and all inhabitants of the Netherlands who go abroad voluntarily 
with the intention of settling there, whether permanently or temporarily', 
and also all members of their families who accompany or ultimately 
rejoin them. The words "inhabitants of the Netherlands" should be 

— 6 — 



Norway 



The Bill of 1915 considers an emigrant to be any person 
who leaves Norwav for life, or for a long period. Legal pro- 
tection is extended to all who go from Norway to a country 
out of Europe, and are carried during the whole or part of the 
voyage, as passengers in the third class or a cheap class, by ship 
or railway, or by any other means of transport which the Adminis- 
tration regards as equivalent. 



Poland. 



The Government states, in reply to the Questionnaire : 
"On the basis of existing practice, an emigrant is a person who 
goes abroad with the intention of earning his living by means 
of physical work, and also all members of his family who accom- 
pany him." 



Portugal. 

The Decree of 10 May 1919 considers as emigrants:— 

(1) all nationals who embark for foreign countries with a 
third-class ticket ; 

(2) nationals who embark in the first or second class, or 
an intermediate class, and who belong to one of the following 
categories : — 

(a) those who intend to settle permanently in a foreign 

country ; 
(6) married women not accompanied by their husbands 

unless they can prove a legal separation ; 

(c) minors not accompanied by their parents or guardians ; 

(d) persons less than 45 years of age and liable to military 
service. 

(3) nationals who leave the country by an overland route 
to embark in the third class, with a view to evading the pro- 
visions of the decree, and those included under Section 2 who, 
with the same object in view, embark at a foreign port. 

The regulations framed to carry out this Decree include 
widows as well as married women. 

added, because aliens living in the Netherlands should not be considered 
as transmigrants. As the colonies are considered as part of the kingdom, 
persons who go there should not be regarded as emigrants. 

The following definition of transmigrants might be adopted : all aliens 
who pass through Holland to go to a country out of Europe, or return from 
such country, and are carried, during the whole or part of the journey, 
as third class passengers by ship or train, as steerage passengers or passengers 
of a similar class. 

— 7 — 



Kingdom of the Serbs, Croats and Slovenes. 

An emigrant is defined in the legislative Decree of 1921 as 
any Jugo-Slav citizen who emigrates to an oversea country in 
search of work, who travels in the third class or a class equiva- 
lent to the third, or in the steerage, or who goes to join parents 
who have emigrated previously under the same conditions and 
who were also considered as emigrants by the authorities. 



Spain. 

The Act of 21 December 1907 states : "Emigrants within 
the meaning of this Act are Spaniards who wish to leave their 
mother country, and to be conveyed, on payment of a fare or 
free of charge, in the third class or in any other class recognised 
by the Superior Emigration Council as being equivalent there- 
to, to any place in America, Asia or Oceania." 

Such is the text of the Act, but it should be remarked that 
the Royal Decree of 16 March 1918 has extended the compe- 
tence of the Superior Emigration Council so as to include the 
protection of emigrants who are going, whether by land or sea, 
to other European countries or to Africa. Such protection has, 
however, not yet been granted in fact, the Decree in question 
having laid down that this provision will not be put into oper- 
ation until sufficient resources are available for establishing 
the service ^ 

By a Royal Decree of 1914 the legal definition of "emigrant" 
also includes Spanish subjects going to Gibraltar by a Spanish 
port authorised for the embarkation of emigrants, with third- 
class tickets or other tickets declared equivalent to third- 
class, or else going to Gibraltar by land for the purpose of 
embarking there as emigrants. 



Switzerland. 

According to the reply of the Federal Government to the 
Questionnaire, "the statistics of the Federal Emigration Office 
include as emigrants, as a general rule (in accordance with a 
circular letter sent by the Office to all emigration agencies and 
ticket agencies on 20 October 1916), all persons, either of 
Swiss nationality or foreigners, whom the emigration agencies 
or ticket agencies send, or assist in sending, to a non-European 
country, and who go with the intention of remaining there an 
indefinite length of time (more than one year), of settling, 
earning their living, occupying a position, or engaging in busi- 

1 See Chapter IX below : Special Regulations concerning Continental 
Emigration. 



ness there, or who are returning to one of these countries 
(re-emigrant) after having stayed in Switzerland and deposited 
their papers in a commune with a view to residence." 

The Federal Government adds : "This use of the word 
emigrant is to be explained by the fact that emigration to 
European countries lost all importance in the nineteenth century 
in comparison with the emigration to oversea countries. It has 
been definitely adopted in our legislation." 



United States of America. 

In the reply of the United States Government to the Ques- 
tionnaire, it is stated that, from the point of view of statistics, 
departing aliens whose permanent residence has been in the 
United States and who intend to reside permanently abroad 
are classed as emigrant aliens. There is no definition relating 
to the emigration of nationals. 



Uruguay. 

In its reply to the Questionnaire, the Government of Uru- 
guay states : "The principal factor which has, in our view, to 
be taken into consideration in deciding upon an exact definition 
of the terms 'emigrant' and 'immigrant' is the intention to 
remain in the country (in the case of an alien immigrant) or 
abroad (in the case of a national who emigrates). Seasonal 
emigration is an exception to these principles, and such emigrants 
are, from the workers' point of view, to be distinguished from 
all other classes of the floating population (tourists, travellers, 
etc.) by the intention to work'\ 



The definitions of emigration and of an emigrant here 
reviewed show considerable variation. One point alone is common 
to them all, namely that emigration involves going from one 
country to another. This condition, however, is not sufficient 
to distinguish the emigrant from the international traveller, 
to whom the emigration regulations do not apply. Each defi- 
nition, therefore, includes another element, sometimes several 
distinct elements. These may be classified as follows : — 

1. The journey must be made with a view to a lengthy period 
of residence abroad. 

2. The journey must be undertaken with a view to earning 
a living abroad. 



3. The journey must be undertaken under certain conditions^ 
as to transport (class in which the person travels or cost of the 
journey). 

4. The journey must be made to certain countries to the 
exclusion of others (for example, oversea countries). 

5. The journey must be the subject of a special contract 
(transport or labour contract). 

1. Lengthy Period of Residence Abroad. 

The first point, that of lengthy residence abroad, is explicitly 
mentioned in the definitions of Australia, Austria (definition 
proposed in the reply to the Questionnaire), Canada, Czecho- 
slovakia, France (definition proposed in the reply to the Ques- 
tionnaire), Germany, Hungary, Luxemburg (reply to the 
Questionnaire), Portugal (travellers in the first or second 
class), Switzerland, and the United States. 

According to the American, Australian, Austrian, Czecho- 
slovak, French, German and Portuguese definitions, this 
condition alone is sufficient to determine emigration in the 
legal sense of the word. 

In the other countries which have been mentioned, namely 
Canada, Hungary, Luxemburg, and Switzerland, this point is 
. a necessary condition of emigration, but it is not sufficient by 
itself ; several other conditions must also be fulfilled. 

2. Earning one^s Living Abroad. 

This point is explicitly mentioned in the definitions given 
by Austria (reply to the Questionnaire), China, Corea, Czecho- 
slovak (Bill), Finland (reply to the Questionnaire), Germany 
(Bill relating to temporary emigration as well as permanent 
emigration), Hungary, India, Italy, Japan, Poland (reply to the 
Questionnaire), the Kingdom of the Serbs, Croats and Slovenes, 
and Switzerland. 

In China, .Tapan and Poland, the intention of earning one's 
living abroad is sufficient to determine an emigrant as distinct 
from an ordinary traveller. In the case of Poland, it is, however, 
stated that a living must be earned by physical work. 

In Germany, the definition proposed in the Emigration 
Bill also treats the act of seeking employment abroad as suffi- 
cient to determine emigration, even if it is not accompanied by 
permanent residence in a foreign country. In Germany there 
would, therefore, be a double definition : 

i. permanent emigration determined solely by lengthy 

residence abroad ; 
ii. temporary emigration determined solely by the 
act of seeking employment abroad. 

The same applies to Austria and Czechoslovakia. In Italy, 
no distinction is made between permanent and temporary 

— 10 — 



emigration, and "the sole object of seeking manual work or of 
engaging in a small business" is sufficient to determine emigra- 
tion, with the exception that in cases of trans-oceanic emigra- 
tion certain conditions as to transport must be fulfilled. 

In Finland, Hungary, India, the Kingdom of the Serbs, 
Croats and Slovenes, and Switzerland, other points are added 
to this. 

3. Transport Conditions (cost, or class in which the person 
travels). 

In certain countries only persons who travel in a particular 
class, or, what amounts to practically the same thing, those 
whose fare is less than a certain sum in proportion to distance, are 
considered as emigrants. These countries are Belgium, Czecho- 
slovakia (Bill), France (Decree of 9 March 1861), Great Britain 
(definition of a steerage passenger), Greece, the Netherlands, 
Portugal, the Kingdom of the Serbs, Croats and Slovenes, 
and also Italy so far as trans-oceanic emigration is concerned. 

In Great Britain, the definition referred to here is not strictly 
speaking that of an emigrant but is that of a steerage passenger. 

In the Netherlands, the law does not define an emigrant, 
but it is stated that it applies only to emigrants travelling 
on board ship, and numbering at least 10 or 20, according to 
circumstances. 

In Belgium and France, the fare for the voyage in the 
steamer suffices to distinguish the emigrant in a legal sense 
from an ordinary traveller ; no other condition, which is not 
a consequence of this, counts. 

In Portugal, it is not the fare but the class in which the 
person travels which is the important matter. 

In Czechoslovakia, Greece, the Kingdom of the Serbs, 
Croats and Slovenes and Spain, the definition, which includes 
a condition as to class, also includes other points, which are 
specifically referred to. 

It may be noticed that all these definitions based wholly 
or partly on conditions of transport concern trans-oceanic emi- 
gration and not continental emigration. 

4. Restriction of Emigration to Certain Countries. 

This point means that there is no emigration in the legal 
sense of the word, or from the point of view^ of the regulations, 
unless a journey is made to particular countries. It is to be 
found in the definitions of Denmark, Finland, France, 
Greece, Hungary, India, the Netherlands, Portugal, the King- 
dom of the Serbs, Croats and Slovenes, Spain and Switzerland. 

The Indian definition, given in the Act of 1908, is confined, 
in this respect, to excluding the Island of Ceylon and the Straits 
Settlements. To all other countries there is emigration, within 

— 11 — 



the meaning of the Act, whenever a native of India goes out 
of the country by sea, having a labour contract in his possession i. 

In the other definitions included in this section, which 
concern all European countries, the emigration referred to is 
trans-oceanic and not continental. The laws and regulations 
of these countries do not, therefore, affect persons who go to 
another European country or even to Northern Africa with a 
view to settling or seeking employment there. 
I On the other hand, according to the Austrian, Czecho- 
slovak, German, Italian, Luxemburg, and Polish definitions, 
continental as well as trans-oceanic emigration is considered. 

Australia, Canada, China, and Japan make no distinction 
among the different countries to which emigrants go. 



5. Special Contract. 

Holding a special contract affects the definition in three 
countries only : Denmark, India, and Switzerland. 

In Denmark, this condition is sufficient, if the journey is 
made to an oversea country, to determine emigration ; that 
is to say, an emigrant is a person who has concluded a contract 
for transportation abroad with an emigration agent authorised 
by the Government. 

In India, the emigration of indentured labour, envisaged by 
the Indian Emigration Act, 1908, has been abolished. 

In the Swiss definition, this point is also important, but 
it is only one of a number of points which have already been 
mentioned : lengthy residence in a non-European country, with 
a view to earning one's living, etc. 



In almost all countries, all persons are considered as emi- 
grants who are proceeding to join a relation who has previously 
emigrated. 

It should be noted also that there is a difference between 
the emigrant who goes directl}^ from his country of residence 
to the country in which he intends to settle and the trans- 
migrant, who is obliged to cross one or more countries on the 
way, and is considered as such from the time he crosses the 
first frontier to the time he finally arrives at his destination. 

Although this distinction is not always clearly brought 
out in legislation, it exists nevertheless. 

We shall examine in a separate chapter ^ the special regu- 
lations relating specifically to transmigrants. 

1 Reference has already been made to the alterations proposed in the 
Bill of 1921. 

2 See Chapter X. 

— 12 — 



CHAPTER II. 



THE RIGHT TO EMIGRATE AND 
RESTRICTIONS ON THIS RIGHT. 

A. General Principles. 

The right to emigrate follows logically from the principle 
of personal freedom. This right is recognised, with a few reser- 
vations, by almost all writers on the subject, Grotius, Vattel, 
Kluber, G. F. de Martens, Heffter, Pradier-Federe, F. de Mar- 
tens, Pasquale Fiore, etc. ^ 

The principle of the right to emigrate is expressly stated 
in the legislation of certain countries ; thus, the Greek law 
declares that 'emigration and departure for a foreign country 
are permitted within the limits fixed by the law" ; the Italian 
law contains the statement that 'emigration shall be free 
within the limits fixed by law": the Spanish law "recognises for 
every Spanish subject the right to emigrate." As for other 
countries, the right to emigrate exists as a result of the general 
principles of the law : that is true of the Austrian Bill of 
1913, of the German Act of 9 June 1894, of the French 
Act of 18 July 1860, of the Belgian Act of 14 December 1876, 
and, generally speaking, of the legislation of Czechoslovakia, 
Denmark, Finland, Great Britain, India, the Netherlands, 
Norway, Poland, Portugal, the Kingdom of the Serbs, Croats 
and Slovenes, Sweden and Switzerland. 



B. The Restrictions. 

In no country is the principle of the right to emigrate recog- 
nised without exception. The interests of justice, national 
defence, and sometimes even of intending emigrants themselves, 
frequently bring about limitations. 

1 Henri Bonfils : Manuel de Droit International Public. Paris, 1014. 
Droit des Gens (page 269). Le Droit d'Emigration No. 412. 

— 13 — 



National laws generally specify the classes of persons who 
are forbidden to emigrate and the reasons for any general 
prohibition. These reasons may be tabulated as follows : — 

1 . Military service. 

2. Legal proceedings. 

3. Minors. 

4. Special regulations concerning women. 

5. Old age and permanent incapacity. 

6. Sickness and infirmity. 

7. Cases in which it is probable that the emigrant will be 

refused admission into the country to which he is 
travelling. 

8. Absence of identity papers or other documents. 

9. Obligations undischarged by the emigrant. 
■ 10. Occupation of emigrant workers. 

11. Lack of resources either on arrival or on departure. 

12. Collective emigration. 

13. Receipt of an advance for the expenses of the journey. 

14. The obligation to embark at certain ports. 

15. Emigrants previously repatriated at the expense of 

the State. 

16. Reasons of a general nature. 



1. Military Service. 

(1) The Austrian Bill of 1913 refers to the Act and 
regulations under the Act dealing with Military Service. 

(2) Czechoslovakia restricts emigration for military rea- 
sons only ; § 51 of the National Defence Act of 19 March 
1920 states that all male subjects of the country from the 
time they complete their 17th year until they complete their 
40th year, w^ho desire to leave the country with the intention 
of becoming subjects of a foreign country, must obtain the 
permission of the Minister of National Defence. Passports for 
men of 17 to 40 years are granted for a limited period only, and 
in view of the possibility of war a list of persons living abroad 
is kept in the Ministry. 

§ 2 of the Emigration Bill provides similarly that "the 
restrictions laid on emigration for purposes of national defence 
shall be regulated by the Army Act." 

(3) The German Act of 1897 forbids the emigration of 
individuals between 17 and 25 years of age, unless they have 
been duly granted leave or freed from military service, or have 
left a substitute in the army. 

Since the date of the Treaty of Versailles, however, this 
practice has been modified, and a communication of the German 



14 



Migration Office ^ states that it is no longer necessary for 
emigrants to show any papers relating to their military service. 

(4) In Greece "every citizen having no military duty at 
present or previously unfulfilled has the right to emigrate, but 
all who are included under § 63 of the Recruiting Act must 
obtain an authorisation, in accordance with that Act, the 
amount of the fine which maj' be imposed for failure to do this 
varying from 500 to 10,000 drachmas," 

(5) In Hungary, according to the Act of 1909 no. man 
may emigrate from 1 January in the year he reaches his 
17th year until he has completely fulfilled his military duties, 
unless he has obtained special authority from the Minister of 
the Interior or the Minister of National Defence. This autho- 
rity can be granted only if the applicant deposits a sum of 
from 100 to 1000 crowns in Hungarian money with the Minister 
of the Interior, This deposit is forfeited if the depositor does not 
return at the end of the period for which his passport is granted. 

In the event of the emigration of persons subject to military 
service assuming large proportions, the law allows a total pro- 
hibition, for one year, of the emigration of men coming under 
this heading. This prohibition must be communicated to 
Parliament. 

(6) Italy does not allow the emigration of persons liable 
for military service who have completed their 18th year 
of age, or who will complete it within the calendar year, or of 
those liable for naval service or as soldiers in the Royal Marines 
unless they have obtained permission from the^ competent 
authority. Soldiers included in the first and second classes 
who have not completed their 28th year of age may emigrate 
only if they obtain permission from the commanding officer of 
the district. Emigration is freely allowed in the case of soldiers 
and sailors of the third class, and also to those in the first and 
second classes who have completed their 28th year, but until thev 
have completed their 32nd year they must notify their depar- 
ture to the commanding officer of the district. ' The right to 
emigrate so far as soldiers and sailors of all classes are concerned 
may be temporarily suspended in exceptional circumstances on 
the proposal of the Ministers for War and the Navy. 

Authority to emigrate may be refused if there is a presump- 
tion that the person concerned is trying to escape the fulfilment 
of his military duties. The intending emigrant may in that 
case appeal from this decision to the Minister for Wkr. ^ 



^ Reichswanderungsamt, Merkblatt 23. 

2 According to the Dutch Report of 1918, the question of the emigration 
of persons hable for mihtary service is to be specially examined by the 
Minister for War, particular attention being paid to the experience obtained 
at the time of the mobilisation in 1914. 

— 15 — 



(7) The legislation of Norway subjects to military service 
all fit young men who have reached their 20th year. These 
men are not allowed to emigrate unless they are in possession 
of the requisite authority, which can be obtained only after an 
examination of their position as regards military service. In 
addition to the Act of 19 July 1910, Norway has adopted 
measures dealing with the military service of emigrants by the 
conclusion of a number of treaties, with the Republic of 
Hawaii (1852), Italy (1862), the United States (1869), the 
Argentine (1885), Mexico (1885), and Japan (1911). 

(8) The Portuguese law declares that persons who have 
not yet completed their 48th year and who are subject to mih- 
tary service must present a passport before they are allowed 
to emigrate. 

(9) In the Kingdom of the Serbs, Croats and Slovenes 
a passport is not delivered to an emigrant unless he can prove 
that he has carried out all his military service obligations. 

(10) In the Swedish law the obligation of military service 
is included among the reasons for the limitation of the right 
to emigrate. 

(11) The Spanish law prohibits the emigration of persons 
liable to military service during the period of uninterrupted 
service and states that the Council of Ministers may prohibit 
the emigration of all persons more than 15 years old who have 
not yet served in the army, and of men belonging to the first 
or second reserve. 

(12) The Swiss law says : "Emigration agents are forbidden 
to arrange for the departure..,. (6) of Swiss citizens subject to 
military service who cannot prove that they have returned 
their army kit to the State." 



2. Legal Proceedings pending. 

(1) The Chinese law lays down that emigrant workers 
must, in addition to other conditions, also fulfil those of good 
conduct, of being free of vice and sensuality, and of not 
having committed criminal offences. 

(2) The Czechoslovak Bill would prohibit the emigration 
of persons who are under arrest, or who are wanted by the 
judicial authorities for crimes or offences which may result 
in their imprisonment, or for whose arrest a warrant has been 
issued, or who have been summoned before a Court. 

(3) The German law prohibits the emigration of all persons 
whose arrest has been ordered by a judge or on a police warrant. 

(4) In Greece, emigration is forbidden in the case of every 
citizen who is the object of criminal proceedings involving 

— 16 — 



mprisonment, or who is subject to a penalty which has 
not been discharged. 

(5) The Hungarian law forbids the emigration of persons 
against whom legal proceedings have been commenced, or who 
are liable to a sentence involving fine or imprisonment, during 
the period in which the sentence is being carried out. ^ 

(6) The Japanese law prohibits the emigration of persons 
whose arrest has been ordered. 

(7) In the Kingdom of the Serbs, Croats and Slovenes, 
a passport is not granted to an emigrant unless he can prove 
that no action has been commenced against him under the 
criminal law, or, if he has been condemned, that he has com- 
pleted the punishment imposed. 

(8) In Spain, the emigration of all accused or convicted per- 
sons is prohibited. 



3. Minors. 

(1) In Australia, the Emigration Act 1910 prohibits the 
emigration of (a) any child (boy under 16 or a girl under 18 
years of age) who is under contract to perform work outside the 
Commonwealth, or (b) any child unless in the care or charge 
of an adult person, except in pursuance of a permit under the 
Act. A child is deemed to be under contract if any agreement 
or arrangement exists between the child, or a parent or guardian 
of the child, and any other person under which the child is to 
perform any theatrical, operatic, or other work outside the 
Commonwealth. 

Applicants for permits under this Act may be required to 
give security as a guarantee that any conditions imposed will 
be carried out. 

(2) The Austrian Bill of 1913 extends the prohibition to 
emigrate to all minors travelling without their father, unless 
they receive an authorisation from the Tribunal of Guar- 
dians. Minors more than 18 years of age, however, going to a 
European country are not included in this regulation, but 
even in this case the Tribunal of Guardians may refuse the 
authorisation to emigrate, if the circumstances and particularly 
the nature of the occupation lead them to fear some danger to 
the morals or health of the minor. 

The emigration of unaccompanied minors less than 16 
years of age to oversea countries is expressly forbidden by 
this Bill. 

^ In the Netherlands, the Report of 1918 proposes to prohibit 
the emigration of all persons against whom legal proceedings have been 
commenced, or who, having been condemned, unconditionally and without 
the right of appeal, have not yet carried out the sentence passed on them, 

— 17 — 



(3) In China, emigrant labourers must be between 20 and 
40 years of age. 

(4) In the Belgian Congo, according to the Decree of 
5 November 1896, no native child may be taken out of the 
country by an individual in whatever capacity without the 
authorisation of the Governor General or his deputy, who 
must ascertain that the parents agree to the journey and to the 
stay of the child abroad. This authorisation is subject to a 
deposit for each child as security for the observation of official 
regulations, the amount of which is proportioned to the length 
of the journey and cannot be less than 2,500 francs. 

(5) According to the Czechoslovak Bill, minors not tra- 
velling with their parents must be provided with the autho- 
risation of the official Council of Guardians. This provision does 
not apply to minors over 18 years of age going to a European 
country. The Council of Guardians may, however, prohibit 
the journey if it considers that the effects would be detrimental 
to the morality or health of the person concerned. Women under 
age and boys of less than 16 years of age may further emigrate 
without their parents if accompanied to their final destination 
by adults of over 24 years of age who are fully reliable. 

(6) The Greek Act of 1920 forbids the emigration of children 
of either sex, less than 16 years of age, unless they go with 
older relations or brothers of full age, or are going to join rela- 
tions living abroad, or in exceptional circumstances at the 
discretion of the Minister of the Interior. In the cases referred 
to above, and generally speaking, Avhenever there is any question 
of a minor less than 21 years of age going to another country, 
either the father or the guardian must put in an application, 
giving the name of the person who is to accompany the minor. 

This provision has been rendered executive by a Royal 
Decree of 24 September 1920, which, amended bv a second 
Decree of 17 February 1921, lays down that "the "emigration 
of minors of the male sex of 16 years of age or less is generally 
prohibited, whatever the class on the ship or railway in which 
they propose to travel. The certificate issued by the Mayor 
or President of the Commune of the person concerned, stating 
that the latter has been inscribed on the matriculation register, 
will be considered sufficient proof of the year of birth.'' 

(7) According to the Hungarian Act (1909), minors who 
are under parental authority may emigrate without their father 
only if they have authority in writing, stamped with the 
official visa. Those who are under the care of a guardian must 
have the formal permission of their guardian and of the 
guardians' authorities. In either case they are not allowed to 
emigrate unless it can be shown that their support is provided 
for at the place to which they are going. 

— 18 — 



Women who are not yet of age and boys less than 16 years 
of age may emigrate without their parents only if it can be 
shown, apart from the conditions mentioned above, that they 
are travelling to their destination with an adult person abso- 
lutely worthy of confidence. 

(8) The Italian law states that any person who procures 
to go, takes, or sends abroad, a young person below the age of 
15 vears for purposes of work, unless such young person 
has been presented for medical inspection and has received 
from the municipal authority the book provided for in Arts. 4 
et seq. of the regulations respecting child labour, shall be liable to 
a fine. Any person who procures or takes charge of one or more 
young pers^ons below the age of 15 years, for purposes of em- 
ployment abroad in occupations detrimental to health, shall be 
liable to imprisonment, etc., and the same applies to any 
person who deserts in a foreign country a young person below 
the age of 17 years who was entrusted to him within the king- 
dom for the purpose of employment. ^ 

(9) According to the Bill introduced in Norway in 1915 
the written permission of the parents or guardians is required 
before emigration is allowed; if the minor is less than 16 years 
of age, proof must be forthcoming that his support is assured 
at his destination. 

(10) In Portugal, minors less than 14 years of age may 
emigrate only if accompanied by their parents or guardians 
or by persons worthy of confidence, in whose care they have 
been placed by their parents. If they are not accompanied 
by their parents or guardians, or are not going to join the 
latter in a foreign country, proof must be furnished that their 
support is provided for in the place to which they are going. 

(11) In the Kingdom of the Serbs, Croats and Slovenes, 
separate passports are not delivered to emigrants who are 
less than 18 years of age. The names of such emigrants are 
mentioned on the passport of the family with which they are 
travelling, or of a person authorised by the father or guardian. 

1 Among the proposals of the Dutch Report of 1918 is one to the effect 
that the emigration of minors should be forbidden except when they are 
accompanied by relations, guardians, or persons worthy of confidence, 
with the permission of the father or the guardian given before a competent 
authority. This permission should not be granted unless there are satis- 
factorv guarantees with regard to safety on the journey, from the point 
of view of morality, and to the support of the minor in the country of immi- 
gration. Permission should be refused if the minor is to engage in work 
in the foreign country which is forbidden by its laws, or if the health of 
the minor, or the insufficient mental or physical development of the minor, 
constitute an obstacle to his or her departure. A distinction should be 
made between minors less than, and those more than, 18 years of age. The 
penalty for a breach of this regulation should be the forfeiture of the pater- 
nal power. 

— 19 — 



In the case of every other emigrant less than 18 years of age 
no ticket for the journey may be given. 

(12) According to the Spanish Act, minors are not allowed 
to emigrate without the consent of their parents or guardians. 
The Emigration Inspectors may, however, in cases where they 
do not consider this permission necessary, exempt emigrant 
minors on their own responsibility from the need for it, if the 
latter can prove indisputably that they are going to join their 
parents who are residing in a foreign country, or if there is 
any other satisfactory reason for granting the exemption. 

(13) The Swiss federallaw of 1888 forbids emigration agents 
to arrange for the departure of minors without the written 
permission of the father or guardian, given in authorised legal 
form. Minors less than 16 years of age must also be accompanied 
by persons worthy of confidence, and proof must be forth- 
coming that their maintenance is assured in the place to which 
they are going. 



4. Special Regulations concerning Women. 

(1) In Great Bkitain, the London County Council obtained 
special powers from Parliament in 1910 (London County Council 
General Powers Act, 1910) for the strict supervision of employ- 
ment agencies, including those for recruiting women and children 
for abroad. Every agency must obtain a licence from the County 
Council, which may refuse to renew or to grant a licence if it 
considers that the holder or the offices of the agency are unsuit- 
able or that the agency is or has been suspect. No agent may 
recruit women for abroad unless in possession of information 
obtained from a responsible person or society or from other 
sources worthy of confidence, indicating the satisfactory nature 
of the proposed work. No agent may make proposals or conclude 
arrangements for employing abroad women under 16 years 
of age unless he has previously obtained the written consent 
of their parents or guardians and unless he has himself ascer- 
tained that suitable steps have been taken for the well-being 
of such persons during their engagement and, after the latter 
has terminated, for return to their own country, and that the 
recruitment is allowed by the law of the country where the work 
is to be performed. 

The Foreign Office also takes special precautions in the case 
of women and young girls who desire to emigrate. Every 
application has to be personally supported by a responsible 
person, and all applications are the subject of very careful 
scrutiny. Except in the case of a passport required for a short 
holiday abroad, it is necessary to provide a certificate of the 
relatives living abroad or, in the case of a person recruited, a 
certificate of the employers. For young girls of under 18 years 

— 20 — 



of age, the passport is only issued on the receipt of the written 
agreement of her parents or guardians. 

(2) Tn Greece, according to the Royal Decree of 24 Septem- 
ber 1920, as amended by that of 17 February 1921, tlie emigra- 
tion of women and of minors of the female sex over 16 years of 
age is not allowed unless accompanied by a husband, father or 
inother, elder brother, uncle, son-in-law, brother-in-law, or 
other near relation ; or unless they are invited by such persons or 
by their prospective husbands' living in the coiuitry where 
they wish to go, who will expressly guarantee their protection 
by 'declaration made either before the local authorities and 
legalised by the Greek Consul, or directly before the Greek 
Consular authorities. The emigration of an adult woman may 
be authorised without previous declaration if, in the view of 
the Minister of the Interior, there are exceptional reasons for 
so doing. 

(3) In HuNGAUY, in addition to the general provisions of 
the Emigration Act of 1909, the instruction issued to all muni- 
cipalities by the Minister of the Interior in 1869 requires them 
to prevent" the journey of young girls or women to the East 
for immoral purposes. ^ 

(4) In Portugal, a married woman who desires to emigrate 
must obtain the authorisation of her husband, or give proof 
of a legal separation ; the emigration of an unmarried woman 
less than 25 years of age is forbidden, if she is unaccompanied 
and there is reason to believe that she is going for an mmoral 
purpose, 

(5) In the Kingdom of the Serbs, Croats and Slovenes, 
any person who sells passage tickets to women with regard 
to whom there is a legitimate suspicion that they may have been 
recruited with a view to engaging in prostitution abroad, 
is liable to the maximum penalties laid down by the law. 

(6) The Spanish Act forbids the emigration of a married 
woman, unless she has the permission of her husband. An 
unmarried woman under 23 years of age who is not under 

1 The Dutch Report of 1918 proposes that the law relating to emigration 
should include a clause forbidding women under a certain age to emigrate : 
30 vears, if there is no guarantee that their safety is assured on the journey 
and at their destination, and that the work which they intend to under- 
take in the country of immigration suits them, unless, however, they are 
in possession of special permission. This would have the effect of preventing 
the traflic in women for immoral purposes. The permission should 
not be given until the attention of the woman has been specially drawn 
to the dangers to which she will be exposed, and only on condition that 
she is ready to make the journey on her own responsibility. This clause 
would greatly facilitate the regulation, provided for by the Act of 31 De- 
cember 1906, of the traffic in women and young girls. It should be 
applied particularly to emigrants in transit through the country. 

— 21 — 



paternal control nor subject to the authority of a guardian 
or some other legal representative may not emigrate, if being 
unaccompanied by parents, relations or other responsible per- 
sons, there is reason to fear that she is going for the purposes of 
a suspicious traffic. Widows, women divorced from their hus- 
bands and unmarried women more than 25 years of age may 
emigrate freely. 

For unmarried women, more than 23 and less than 25 years 
of age, and who live Avith their parents, it is prescribed, in 
accordance with the terms of the Civil Code relating to permanent 
departure from the paternal home, that they may not emigrate 
without having obtained the consent of their parents, except 
in the event of the father or mother, being widowed, having 
married again. 



5. Old Age and Permanent Incapacity. * 

(1) The Chinese law specifies that emigrant labourers 
must not be more than 40 years of age. 

(2) The Czechoslovak Bill would prohibit the emigration 
of persons who are unable to earn their living on account of 
advanced age unless their maintenance is ensured at their 
destination. 

(3) The proposals in the Norwegian Bill include one to the 
effect that the right to emigrate should be refused in the case 
of lunatics. 

(4) The Portuguese law forbids the emigration of persons 
more than 60 years of age who propose to emigrate without 
a contract of labour, unless they can prove that their main- 
tenance is completely assured at their destination. 

(5) In the Swiss law, the departure of persons who, by reason 
of old age, are incapable of working is forbidden, unless it 
can be proved that their support is sufficiently assured in the 
place to which they are going. With regard to persons who 
are under a guardian's care the written consent of the guardian, 
given in due legal form, must be produced. 



6. Sickness and Infirmity. 

(1) The Austrian Bill of 3 913 proposes that all emigrants 
should be medically examined before departure, and embark- 
ation should be prohibited in case of illness which might be 

' The Dutch Report of 1918 proposes that the right to emigrate should 
be refused to those who are incapable of working in consequence of old 
age, sickness, or invahdity, except when their maintenance is assured in 
a satisfactory manner in the country to which they are going. 

— 22 — 



dangerous for the emigrant himself or for his fellow-travellers, 
or in case admission should be refused on this account in 
the country of immigration. 

(2) The Belgian regulation of 14 December 1876 pro- 
hibits any emigrant who is seriously ill or shows symptoms 
of a contagious disease from embarking. 

(3) By the Chinese Act, emigrant labourers must have 
good health, and must be free from infectious diseases. 

(4) The Czechoslovak Bill would prohibit the emigration 
of sick or infirm persons unless their maintenance at their 
destination is assured. 

(5) Bv Article 29 of the Danish law on the transport of 
emigrants, dated 28 March 1870, the Inspecting Doctor is 
obliged to prevent the departure of any passengers suffering 
from contagious diseases or from diseases affecting the brain 
or of any passengers who in consequence of weakness or infir- 
mit}^ would be unable to stand the journey. 

(6) In Great Britain, it is laid down that any person who 
is in a condition likely to endanger the health or safety of the 
other persons on board must be relanded. 

(7) The Italian Regulation of 1901 forbids the embark- 
ation of any person, who by reason of being either sick or 
convalescent,' may endanger the health or safety of the other 
passengers. ^ 

(8) With regard to the Netherlands, emigrants who, 
according to a written declaration of a competent doctor, are 
suffering from a dangerously infectious disease, must not be 
embarked. Should such a disease develop after embarkation 
but before the departure of the ship, those who are declared 
by the doctor to be affected must be relanded. 

(9) The Norwegian Bill would also forbid the embarkation 
of emigrants suffering from an infectious disease liable to en- 
danger the health of other passengers. 

(10) In Portugal, the Decree of 1919 forbids the emigration 
of persons suffering from sickness or infirmity which renders 
them unfit for work in the country to which they are going, 
unless they can prove that their support is assured in that 
country. 

(11) Under the terms of the Spanish Regulation, the embark- 
ation of any emigrant suffering from an infectious disease is 
forbidden, even if the ship has left a Spanish port and reached 
an intermediate port. 

' See also p. 54. 

23 



(12) The Swiss law forbids agents to arrange for the depart- 
ure of emigrants who, by reason of sickness or infirmity, are 
incapable of working, unless it can be proved that their support 
is assured in the place to which they are going. 



7. Cases in which it is Probable that the Emigrant will be 
Refused Admission in the Country to which he is Travelling. 

(1) According to the Austrian Bill of 1913, emigration is 
forbidden to all persons who would be refused permission to 
land in the country to which they are going. 

(2) The Czechoslovak Bill would prohibit the emigration 
of 2)ersons who would be refused admission to the countries 
where they intend to go. 

(3) In Hungary, persons who do not satisfy the conditions 
imposed on immigrants in the country to which they wish to go 
are not allowed to emigrate. ' 

(4) In the Kingdom of the Serbs, Croats and Slovenes, 
a passport is not granted to an emigrant unless he complies 
with the immigration conditions laid down in the country to 
which he is going. Further information on this subject will 
be given by the Minister for Social Affairs. 

(5) Under the terms of the Swiss Federal Act, emigration 
agents must not arrange for the departure of persons who, in 
accordance with the laws of the country to which they are 
going, would be refused admission. 

Other countries (Greece, Italy, Spain) confine themselves 
to making clear the obligation of shipping companies to repat- 
riate at their own cost any emigrant who is refused permission 
to land at the port of disembarkation for a reason which existed 
before embarkation, or to compensate such emigrant for all 
losses sustained by him in consequence. 



8. Absence of Identity Papers or Other Special Documents.^ 

Certain countries insist on their emigrants having identity 
papers or others documents, in the absence of which emigration 
is not allowed. 

1 One of the proposals of the Dutch Report of 1918 is that permission 
to emigrate should be refused in the ease of all persons who do not satisfy 
the conditions imposed by the country to which the^- wish to go. 

■ As the question of passports is dealt with in Chapter III, it is not 
referred to here. 

— 24 — 



(1) In Australia, aboriginal natives are not allowed to 
emigrate unless they have a permit and any person who takes 
or attempts to take any aboriginal native out of the Common- 
wealth without a permit is guilty of an offence under the Act. 
An applicant for such a permit may be required to deposit 
security as a guarantee that any conditions that may be imposed 
will be carried out. 

(2) By the Chinese Act, emigrant labourers who are em- 
ploved directly (cf. page 32) must obtain ratification of their 
contract from^ the Emigration Office. In making application 
for this ratification, the labourers must state (a) the name of 
the country and locality wiiere they are to be employed, (b) the 
name of the organisation through which they are to be employed, 
(c) the kind of work they are to undertake. 

(3) By the Core an Act, no emigrant may leave the country 
Avithout a permit from the Minister of Agriculture, Commerce, 
and Industry. This permit is cancelled if the journey is not 
commenced within six months of its being granted. The Minister 
can delay the departure of an emigrant, or cancel the permit, 
at any time, if he should think it necessary. 

(4) The German law of 1897 insists, in the case of persons 
between 17 and 25 years of age, on the presentation of certain 
military papers. 

This formahty is now suppressed. But, in place of this, a 
number of fresh "papers are required from intending emigrants, 
apart from the passport which is referred to in Chapter III. 
Emigrants must first of all obtain a declaration from the tax 
autiiorities (Unbedenklichkeitserkldrung ) , to the effect that 
they have complied with the Act of 1918 regarding evasion of 
taxes (see paragraph 9 below). They must also prove that they 
have taken steps to comply with the provisions of the Act of 
29 March 1920, w^hich obliges emigrants to pay an income tax 
two years after leaving their residence. In certain towns, of 
which Berlin is one, the emigrant has also to obtain a declaration 
from the pohce authorities (Passvorbescheinigung) , before he is 
given his passport. He must then arrange his financial affairs 
and obtain authority to take his property abroad, bearing in 
mind that he cannot take more than 1000 marks in a day, or 
3000 marks in a month, for each person travelling, or the equi- 
valent of these sums in foreign coin at the pre-war rate of 
exchange. 

(5) The Greek law makes the stipulation that the authori- 
sation which is demanded by the Recruiting Act is essential 
for those who are included in the terms of that Act, ^ 

1 In the Xktherlands, it is proposed in the Report of 1918 that the 
statements made in applying for authority to emigrate should be verified 
in the locality where the applicant resides. On the other hand, no per- 
son should be permitted to emigrate unless he or she can show an emi- 

— 25 — 



(6) The Japanese law requires emigrants to obtain an 
emigration permit, which must be applied for from the governor 
within whose jurisdiction the home or residence of the emigrant 
lies. The permit ceases to be vahd unless used within six months. 

(7) The Norwegian Bill of 1915 states that any one desiring 
to emigrate must make a declaration to the pohce officers of 
the locality where he or she resides or to an authority declared 
to be competent by the administration. The person who hears 
this declaration must enquire into the position of the emigrant 
and give the latter a certificate if he is of opinion that the 
necessary conditions have been fulfilled. In the absence of 
such authority, the journey must not be undertaken, nor must 
it be attempted in any Avay. It is forbidden for anyone to assist 
the emigration of any person who has not fulfilled the condi- 
tions of this regulation. 

(8) In Spain, emigrants must show their ''registration cards," 
every Spaniard being obliged to obtain one of these cards once 
a year from his municipality. In addition, the emigrant must 
possess the '-identity book"' specially drawn up for emigration 
purposes, in accordance with the Decree of 23 September 1916 
(see Chapter III). 

(9) The Swiss Federal Act states that emigrants must pro- 
vide themselves with papers showing their birth-place and 
their nationality. If the emigrant is liable for military service, 
he must present the certificate attached to his service book 
testifying that he has returned all his kit. 

Persons who leave behind them young children must show, 
if necessary, a special permit given by a competent authority. 

9. Obligations undischarged by tlie Emigrant. 

(1) By Article 5 of the Bulgarian Act respecting compul- 
sory labour service of 5 June 1920, a Bulgarian citizen must 
not change his nationality or settle in a foreign country until 
he has completed his compulsoiy labour service. 

(2) The Czechoslovak Bill would prohibit the departure 
of parents who, in emigrating, leave behind them children 
of less than 16 j^ears of age without making arrangements 
for their maintenance. 

grant's form authorising a change of residence. This form, which should 
be similar to that which has to be obtained by every person desiring to 
change his residence, should be drawn up in accordance with the instruc- 
tions on the subject and show clearly that no objection is raised to the 
departure of the person concerned. These forms authorising a change of 
residence are indispensable for statistical purposes and must include an in- 
dication of the sum of money taken abroad. A fee of 1 florin for each such 
authorisation should be charged in return for the protection accorded by 
the Government to the emigrants. This sum should be paid into an emi- 
gration fund. 

— 26 — 



(3) The German Act of 27 July 1918, concerning evasion 
of taxes (Steuerflnchtgesetz) obliges all German subjects, when 
they give up their permanent residence in Germany, to pay 
their taxes, both for the Empire and for the States, for three 
years after the conclusion of peace. They are not allowed to 
leave the country until they have made a declaration to the 
tax authorities as to their property and obtained special 
authority from them. 

Certain classes of persons may, however, emigrate freely, 
particularly those whose property does not exceed 30,000 marks 
and those who emigrate in the interests of Germany. 

The guarantees that must be given by intending emigrants 
amount to from 20 to 50 % of their property. 

Unless the permit of the tax authorities (Unhedenklich- 
keitserkldrung) is produced, no passport can be obtained. 

Intending emigrants must also comply with the provisions 
of the Act of 29 March 1920, relating to Income Tax, according 
to which income tax must be paid for two years after residence 
in Germany has been given up. ^ 

(4) By Hungarian law, emigration is forbidden to parents 
who leave children less than 16 years of age behind them with- 
out having made arrangements for their welfare in the future, 
and also to persons who have not made arrangements for 
dependents incapable of working. - 

(5) In Norway, emigration is forbidden to all persons who 
have certain duties to perform or who have obligations to 
discharge towards the community or towards individuals. 
Emigration is permitted only after these obligations have 
been discharged or satisfactory guarantees have been given. 
Debtors who come within the terms of the Bankruptcy Act 
of 6 June 1863 may be arrested if they emigrate. The Finance 
Act forbids the emigration of persons who have not paid 
their taxes, and the law concerning children forbids the 
emigration of persons who would in that way escape from the 
obligation to look after their children. 

x\ Bill was introduced in 1915, according to which emigra- 
tion would not be permitted to parents leaving behind them 
children less than 15 years of age, unless the welfare of such 
children is looked after either by the father or the mother 
(one or other remaining in the country), or by persons worthy 
of confidence. 

(6) In the Kingdom of the Serbs, Croats and Slovenes, 
an emigrant cannot obtain a passport unless he produces a 

^ Reichswanderungsamt, Merkblatt, No. 13. 

= The Dutch Report of 1918 proposes to withhold permission to emigrate 
from anyone who abandons necessitous persons dependent ujjon them, 
without having provided for their support in a manner judged to be satis- 
factory by an official welfare organisation. 

27 



declaration of the fiscal authorities to the effect that he has 
carried out all his obligations towards them. 

(7) By a Portuguese Decree of 1919, the emigration of 
persons is not permitted if they leave young people behind, 
unless they have made satisfactory arrangements with the 
competent authority. 

By a Decree of "December 1921, all persons of Portuguese 
natio'nalitv inhabiting the continental territory of Portugal, 
or the adjacent islands, and proposing to leave the country, 
have to deposit the sum of £20, which can be recovered, in 
escudos at the current rate of exchange, only if the persons 
in question return to Portugal within three months. Certain 
exceptions are made in the decree, but these do not apply 
to emigrants. 

(8) Under the provisions of the Swedish Act of 14 June 
1917, a person having the care of children may not emigrate 
unless he or she has given satisfactory guarantees. 

(9) The Swiss Act does not authorise the emigration of 
parents who propose to leave their young children in Switzer- 
land, unless they have made satisfactory arrangements with 
the competent authority. 

(10) A Turkish Act of 1896 forbids any Mohammedan sub- 
ject to declare allegiance to another country without having 
obtained permission from the Sultan. This permission granted, 
he must swear never to return again to the Ottoman Empire. 

10. The Occupation of Emigrant Workers. 

The Indian Emigration Act of 1908, makes a distinction be- 
tween skilled and unskilled workers. The emigration of the latter 
is subject to regulations which are far more severe than those 
in force for skilled workers or artisans. Thus, unskilled workers 
can emigrate only to certain countries ; it is the policy of the 
Government to prohibit such emigration, unless the country 
to which the emigrants are going gives satisfactory guarantees 
as to their treatment, safety, and welfare. Similar measures 
are taken in the case of the emigration of workers w4io are 
serving under a contract of apprenticeship.' 

11. Lack of Resources either on Arrival or on Departure. 

(1) The Czechoslovak Bill aims at prohibiting the emigra- 
tion of persons who have not sufficient means, after the payment 
of their fare, to provide for their maintenance on reaching 
their destination. 

(2) The Hungarian law forbids the emigration of any per- 

^ Reply of the Government of India to the Questionnaire. 

— 28 — 



sons who cannot show, at the port of embarkation, that they 
are in possession of a sufficient sum of money. 

(3) By the Swiss Federal law, the authorities in Switzerland 
forbid the embarkation of persons who, after having paid 
their passage money, would arrive at their destination without 
resources. 

12. Collective Emigration. 

In Spain, a special ministerial authorisation is an indispen- 
sable preliminary to collective emigration. By "collective 
emigration" is meant emigration which would result in the 
depopulation of a district, town, village or parish. 

13, Receipt of an Advance for the Expenses of the Journey. 

(1) By the Austrian Bill of 1913, trans-oceanic emigration 
is prohibited in the case of persons for whom a foreign Govern- 
ment, corporation, or institution pays directly or indirectlv 
the whole or part of the travelling expenses or who is repaid, 
or given compensation of this kind. The Minister of the 
Interior can, however, grant exemption from this regulation. 

(2) The Czechoslovak Bill proposes to prohibit the trans- 
portation of Czechoslovak emigrants who have received from 
a foreign country or institution a promise to defray all or part 
of the cost of emigration, or who have already received such 
payment in part or in full. The Minister of Social Welfare 
is empowered to exempt from such provisions workers recruited 
in Czechoslovakia under the conditions provided for in Sec- 
tions 7 et seq. of the Bill. 

(3) The German Act of 1897 forbids the transport of per- 
sons who have received from a foreign Government, or from 
any colonisation enterprise, the money necessary to pay the 
cost of the journey, even if the amount is ultimately recoverable. 

(4) In Hungary, emigration is forbidden in the case of any 
persons the expenses of whose journey are paid, either wholly 
or partly, by a colonisation enterprise under the aegis of a 
foreign government, or by a society for colonisation or any 
similar society, or by private persons ; the same prohibition 
applies to those who receive a promise to have their travelling 
expenses repaid. ^ 

^ The Dutch Report of 1918 proposes to prohibit the emigration of 
persons whose passage money is paid in advance, either wholly or partly, 
by the agents of colonisation societies or similar institutions, unless the 
latter have the authority of the Government to recruit emigrants. An active 
supervision should be exercised on the holders of "prepaid tickets." The 
Government should forbid emigrants to accept these tickets if they have 
to surrender their freedom in order to obtain them. 

— 29 — 



(5) Under the Swiss Regulations, no one is allowed, without 
the authority of the Federal Council, to sign an emigration con- 
tract with any person whose travelling expenses have been 
advanced or paid, wholly or partly, by foreign societies, insti- 
tutions, enterprises, or governments. 



14. The Obligation to Embark at Certain Ports. 

(1) The Belgian Regulations designate Antwerp as the seat 
of the emigration service. 

(2) The Czechoslovak Bill provides that the Government 
may fix as emigration routes those considered most advanta- 
geous from the point of view of State control in the public 
interest or the interest of the emigrants. 

(3) Under the provisions of the German law, the authori- 
sation necessary for transport undertakings which deal with 
emigrants is granted for certain countries, parts of a country, 
or fixed localities only, and, in the case of trans-oceanic emi- 
gration, for certain definite ports of embarkation. 

(4) In Great Britain, the embarkation of emigrants takes 
place at ports where there is an Emigration Officer. These 
officers are to be found at Cardiff, Dviblin, Glasgow, Hull, 
Leith, Liverpool, London, Plymouth, and North Shields. 
There are also assistant emigration officers in other ports. 

(5) In Greece, the embarkation of emigrants is permitted 
only at certain sea-ports determined by a Royal Decree. 

(6) In Hungary, the Minister of the Interior may confine 
emigration to a certain number of fixed routes which appear 
particularly suitable from the point of view of supervision or 
of the interests of the emigrants themselves. Contracts for 
the journey and tickets, delivered by non-recognised com- 
panies, must be seized by the frontier police and sent to the 
Minister of the Interior. Even "prepaid tickets" sent from 
America must be seized. 

Anyone who tries to infringe the above-mentioned regu- 
lations is liable to 15 days' imprisonment and a fine of 200 
crowns, and will be obliged to return home by one of the routes 
specified in the regulations. 

(7) Under the Indian Emigration Act, emigration is not 
lawful except from the ports of Calcutta, Madras, Bombay 
and Karachi, and from such other ports as the Governor 
General in Council declares to be ports from which emigration 
is lawful. 

— 30 — 



(8) By the terms of the Italian law, the embarkation of 
emigrants can take place only at certain ports prescribed by 
law. 

The Italian Government grants the following concessions 
to emigrants who embark on these conditions : — 

a) Delivery of the embarkation ticket to the emigrant at 
his residence. 

b) This ticket is equivalent to a contract, absolutely guaran- 
teed, particularly by the deposit which the emigrant carrier 
has to make. 

c) Special facilities and reduced prices on the Italian rail- 
ways allowed to holders of embarkation tickets. 

d) The existence at the port of embarkation of official 
organisations for the protection of the emigrant. 

c) Certainty that the ship fulfils the hygienic conditions 
laid down by the Government. 

/) The presence on board of an official of the emigration 
service. 

g) Assistance of protection societies for the emigrants at 
the ports of disembarkation. 

h) Recourse, if necessary, to special arbitration councils in 
all difficulties arising during and in connection with the journey. 

(9) In Japan, the embarkation of emigrants is allowed 
only at the ports of Yokohama, Kobi, Nagasaki, Tsuruga, 
Shimonoseki, Hakodate and Moji. 

(10) The Russian Bill of 1914 concerning permanent 
emigration proposed to grant certain privileges to Russian 
emigrants who go direct from Russian ports to non-European 
countries on ships having the special Russian authority to 
carry steerage passengers. In place of the usual expensive 
passports, emigrants can obtain papers which are valid for 
the return journey within 5 years on a Russian vessel and by 
Avay of a Russian port. 

(11) In the Kingdom of the Serbs, Croats and Slo- 
venes, passage tickets for oversea countries cannot be issued 
except for the ships of companies which embark and disembark 
in Jugo-Slav ports. 

(12) The Spanish Regulations state that the embarkation 
of emigrants can take place only at ports where a local Emi- 
gration Committee exists. These ports are at present Barcelona, 
Bilbao, Cadiz, Corunna, Gijon, Malaga, Santander, Valencia, 
Vigo and Villagarcia on the mainland, and Las Palmas, Santa 
Cruz de la Palma and Santa Cruz (Teneriffe) in the Canary 
Islands, 

— 31 — 



15. Emigrants previously Repatriated at the Expense of the 
State. 

The HuNGAEiAN law prohibits the emigration of persons 
who, having previously been repatriated at the expense of the 
State, have not refunded to the latter the cost of their repatria- 
tion. 

16. Reasons of a General Nature. 

When reasons of law and order, the material or moral wel- 
fare of the emigrant, or the interests of the community, demand 
it, emigration to certain countries or States is often prohibited 
by Governments. 

(1) The Austrian Bill of 1913 proposes to prohibit, by 
means of an Order, emigration to certain definite countries 
when the health, morality, or economic future of the emigrant 
is exposed to great danger. 

(2) In China, the emigration of labourers is restricted to 
(a) those selected by the Government, (h) those directly em- 
ployed, (c) those employed by agents. 

(3) In the Belgian Congo, the Decree of the Governor- 
General of 7 December 1887 lays down that the Maritime 
Commissioner shall see that no native is embarked except 
of his own free will and for countries where liberty of work 
is guaranteed. 

(4) The Czechoslovak Bill would authorise the Government 
to restrict or prohibit emigration to certain areas for reasons 
of public order, or where the liberty, life or property of the 
emigrants would be threatened, or when the material or moral 
interests of the emigrants so require. 

(5) In Greece, by a Royal Decree, issued on the advice 
of the Minister of the Interior and as a result of a decision of 
the Cabinet, persons of both sexes, with or without age limit, 
or certain classes of persons, may be forbidden to emigrate or 
to go to any foreign country, or to a particular foreign country ; 
the departure of such persons may, however, be permitted in 
special circumstances. 

(6) According to Hungarian law, emigration may be pro- 
hibited to countries where the life, health, material or moral 
interests of the emigrant are threatened. This prohibition may 
be confined either to a limited period, or to a particular cate- 
gory of persons of a certain profession or of a certain age. 

(7) The Indian Act states that where the Governor-General 
in Council has reason to believe that sufficient grounds exist 
for prohibiting emigration to any country he may, by notifi- 
cation in the Gazette of India, declare that emigration to that 
country shall cease to be lawful. 

— 32 — 



Where the Local Government has reason to beheve that, 
in any country, the plague or other epidemic disease dangerous 
to human life has broken out, and that emigrants, if allowed 
to emigrate to that country, would be exposed to serious risk 
of life on arrival there, it may, by notification in the local 
official Gazette, declare that emigration to that country from 
any port in the territories administered by it shall cease to 
be lawful pending a reference to the Governor-General in 
Council. 

(8) In Italy, "the Minister for Foreign Affairs, in agree- 
ment with the Minister of the Interior, may suspend emigration 
to any particular area on grounds of public order or because 
the life, liberty, or property of emigrants may be threatened, 
or because the economic or moral interests of the emigrants 
necessitate such action." ^ 

(9) In Japan, the administrative authorities may, for reasons 
concerning the protection of the emigrants, the maintenance 
of public peace, or foreign relations, suspend emigration or 
recall permits issued. 

(10) According to the terms of the Norwegian Bill, a person 
may, in certain special cases, be at any time refused authority 
to leave the country : (1) if it appears from the circumstances 
that the person concerned will be exposed in the course of his 
journey, or in consequence of it, to reprehensible practices, to 
labour of an abnormal kind, or to other dangers ; (2) if a person 
desires to emigrate on the strength of a contract of labour 
which gives no guarantee ; or (3) if the person does not fulfil 
the conditions laid down by law. 

(11) It is laid down in the Portuguese Decree that "the 
Government may, in virtue of a decision of the Council of 
Ministers, suspend emigration to a certain country for reasons 
of law and order or if there is ground for the belief that the 
life, liberty, or property of the emigrants may be threatened." 

(12) In the Kingdom of the Serbs, Croats and Slo- 
venes, freedom of emigration is recognised in principle, but 
the Minister for Social Affairs is authorised to restrict it and 
even to suspend it for a certain time or towards certain coun- 
tries if this restriction of suspension is necessary in the interests 
of the country or of the emigrants. 



^ According to the proposals made in the Netherlands in the Report 
of 1918, the Government may forbid, in very special cases, emigration to 
certain countries or places, by reason of special conditions prevailing in 
these countries and liable to be seriously detrimental to the emigrant, 
from the point of view of morality or of health, of the safety of his fortune 
or the preservation of his freedom. 

— 33 — 



(13) The Spanish law permits the Government, either for 
reasons of pubUc order or for reasons concerning the health 
or safety of emigrants, temporarily to forbid, of its own accord 
or at the suggestion of the Emigration Office, emigration to 
certain countries or states. Except in urgent cases, the views 
of the Council of State are first to be heard on such prohibition 
in so far as it is determined by reasons of state. 



— 34 — 



CHAPTER III. 



THE PASSPORT AS AN ESSENTIAL 
PRELIMINARY TO LEAVING A COUNTRY. 



In Section 8 of the last Chapter, reference was made to the 
necessity for an emigrant to have special papers authorising 
him to emigrate. These papers practically constitute special 
emigrants' passports ; such passports were in existence before 
the war, even in countries where a passport was not generally 
required. Their scope had gradually been extended. The old 
form of passport, a paper issued by the police and intended 
to facilitate the supervision of individuals by the authorities, 
had gradually become, especially in Italy, a document which 
entitled the emigrant to legal protection, which served as a 
guide, and guaranteed his personal safety. ^ 

In certain cases, papers are issued with the object of facili- 
tating the possible return of the emigrant to his native country. 

The Australian Immigration Act, 1901-1920, states that 
any person who has resided in Australia for a period or periods 
in the aggregate of not less than 5 years, and who is about 
to depart from the Commonwealth, may apply to a competent 
officer for a certificate excepting him, if he returns to the Com- 
monwealth within the period limited in the certificate, from 
the dictation test. 

In South Africa, one of the clauses of the Immigrants Regu- 
lation Act, 1913, states that any person who desires some 
assurance as to his title to return to the Union without going 
under the restrictive operation of the Act, can obtain from an 
immigration officer a permit described as a certificate of iden- 
tity. The person in question must prove lawful residence in 
the Union. A fee is charged for this certificate, the duration 
of which is limited to three years. Holders of these documents 
who do not return to the Union within the currenc}' of the 

1 Dr. E. A. Ehrenfreund. La Disciplina delVimmigrazione secondo le 
leggi canadesi. Bollettino delVEmigrazione, Rome, 15 July 1914, p. 48. 

— 35 — 



certificate may be required to undergo the test imposed by 
law. 

In addition to special papers already referred to, the emi- 
grant has to procure, like every other traveller, an ordinary 
passport or some similar document, authorising him to leave 
his country or to enter another one. 

Many countries have prescribed formalities which differ 
in the case of emigrants from those required from other tra- 
vellers. Without entering into the details of all administrative 
regulations deahng with the grant of these documents and 
visas, a few indications are given in this chapter on the more 
important systems applied to emigrants. 

The most striking characteristic in recent laws is the ten- 
dency to impose on the emigrant the obligation to obtain 
more numerous papers or to undergo more comphcated formal- 
ities than the ordinary traveller. 

(1) Canada. The laws and regulations now in force do not 
require a passport or an exit visa for persons leaving Canada, 
but a passport is granted to Canadians who need it in other 
countries. 

(2) China. Emigrants are required to provide themselves 
with a passport issued by the Emigration Office. 

(3) Czechoslovak Republic. The departure of emigrants 
is made conditional on the possession of passports, which, in 
the case of men between 17 and 40 years of age, are delivered 
for a limited period only. 

In addition, the Bill now under consideration aims at the 
institution of compulsory passports for all Czechoslovak emi- 
grants, issued to the applicant when his identity has been 
clearly established and when there is no legal obstacle to his 
emigration. Certain categories of emigrants and certain Euro- 
pean countries may by decree be exempt from this obligation, 
but the passport would always be compulsory for persons 
subject to Section 31 of the Army Act. 

(4) Germany. When the intending emigrant has accom- 
plished the different formalities indicated in Section 8 of the 
preceding chapter, he is able to obtain the passport itself, 
which must be accompanied by a special paper ( Ausweis ) for 
each child. Before leaving, the emigrant must obtain a visa 
from the police authorities (deiitscher Sichtvermerk). Having 
secured these documents, the emigrant has then to go to the 
diplomatic or consular authorities of the country to which he is 
going, and obtain a visa and permission to enter the country 
(Einwanderungserlaubnis). This is, generally speaking, not 
granted except on production of a medical certificate ( Ge- 
sundheitshescheinigung) and a certificate of good conduct and 
habits, delivered by the police (Leumundhescheinigung) . If 
the emigrant does not embark at a German port, he must also 

— 36 — 



have the visa of the consular and diplomatic authorities of the 
countries through which he will pass (Durchreisesichtvennerk). 
The normal validity of the passport is two years, subject 
to renewal for a further three years. It is in exceptional cases 
limited to a single journey. 

(5) Greece. Emigrants, in accordance with Article 2 of 
the Emigration Act 1920, must obtain the necessary passport 
from the competent- prefecture. The Minister for Foreign 
Affairs may, however, authorise the Emigration Office of the 
Piraeus to give passports to emigrants. 

It is also forbidden for shipowners and agents to deliver 
tickets for foreign countries to Greek subjects who have no 
passports, 

(6) Hungary. The law states that every emigrant must 
have a passport for the country to which he desires to emigrate, 
and it is forbidden for anyone to conclude a contract with 
anv person not in possession of a passport. Since the war, the 
Hungarian authorities have delivered passports only to persons 
provided with an "affidavit," a document sent by relations 
resident in America to certify that they bind themselves on 
their honour to ensure, in case of need, the maintenance of 
the immigrants. 

In consequence of the large number of false declarations, 
especially with regard to family ties, the Minister of the Interior 
has by a Decree (No. 12,000 /XI /1921) restored the pre-war 
regulation regarding passports, in accordance with the pro- 
visions of Act No. II of 1909. This regulation states that the 
"affidavit" will be admitted only in the case of a minor. For 
every other person, the competent police authorities must find 
out whether the person concerned is an emigrant under § 1 of 
the above-mentioned Act. 

(7) Italy. The emigrant must obtain a special passport from 
the competent authority, in accordance with the regulations in 
force and with the instructions of the General Emigration 
Office. A fee of two hre shall be charged for the passport 
and for each renewal, irrespective of the number of persons 
included on it ; the money thus obtained shall be remitted 
intact to the Emigration Fund. During the period for which 
a passport is valid an alteration may be made therein by any 
of the competent authorities in respect of the destination there 
entered, upon payment of 1 lira. Contraventions of the passport 
regulations shall be punished by fine and imprisonment. The 
competent authority shall hand over the passport within 24 
hours, or, if necessary, after receiving authority from the 
General Emigration Office. 

(8) Japan. The Order of 15 March 1907 stipulates that, 
when a passport is applied for by an emigrant whose departure 
is regulated through the medium of an emigration agency 

— 37 — 



(Imin Toriatsukainin) or by means of a guarantee given by 
at least two persons, the emigration agent or the persons giving 
the guarantee are required to sign the apphcation for a pass- 
port. 

(9) Netherlands. The obhgation to obtain a consular 
visa has recently been cancelled for all emigrants crossing 
Holland in order to go to a non-European country who can 
produce a ticket or other adequate proof that a place has been 
reserved for them on board ship for such a journey. 

(10) New Zealand. According to Regulation 2 of the 
second schedule of the War Regulations Continuance Act, 
1920, no person more than 15 years of age will be permitted 
to leave New Zealand for an oversea destination without having 
previously obtained written authorisation to do so. This autho- 
risation is granted to the holder of a passport in the form of 
an exit visa. This formality will therefore remain in force until 
the regulations referred to above are amended or abolished. 

(11) Poland. The regulations in force tend to simplify 
as far as possible the formalities which must be undertaken 
in order to obtain the passport which is essential for emigrants. 
In accordance with an instruction issued jointly by the Minister 
of the Interior and the Minister of Labour, dated 27 April 1920, 
emigrants going to America must, in order to obtain their 
passports, send a special form to the Emigration Office, show 
their tickets, whether '"prepaid" or not, and produce the affidavit 
or permit. The necessary steps with regard to the above must 
be taken by the intending emigrant personally ; no one can 
act on his behalf. A small fee is charged for the passport. 

(12) Portugal. Every emigrant must have a passport, 
which can be obtained from a prefecture. The presence of the 
person concerned is not necessary if he sends identity papers 
obtained from the municipal authorities. Persons more than 
14 and less than 40 years of age can obtain passports only if 
they obtain the authorisation of the competent military autho- 
rities. Each individual must have a separate passport, made 
out in accordance with the official form, indicating whether 
the emigrant has been hired or whether he is going entirely on 
his own initiative to look for employment. 

(13) In the Kingdom of the Serbs, Croats and Slo- 
venes, the special emigrant's passport is only valid for one 
journey from a Jugo-Slav port to the port of immigration and 
for the return to the port of embarkation in the Kingdom. 

(14) The Spanish Decree of 23 September 1916 estabhshes an 
"identity book" for emigrants. This document, in the form 
of a bound book, contains the photograph and the finger-print 
of the emigrant, and complete information concerning his 
identity, his birth-place, his position with regard to military 
service, his destination, the ship on which he is authorised to 

— 38 — 



embark, the port and date of departure, the consular visas for 
departure and arrival, any indications concerning the employ- 
ment of the emigrant, changes of residence in the country of 
immigration, repatriation, etc. This "identity book" can be 
obtained at a small charge at any post office, and it is coun- 
tersigned by the competent Justice of the Peace gratuitously. 

In addition, emigrants must be in possession of a "regis- 
tration card", which is compulsory for every Spaniard. 

(15) Switzerland. The Federal Council does not recognise 
collective emigrants' passports except in the case of transit 
in the exceptional cases when emigrants travel in groups. The 
visa fees for collective passports are calculated in accordance 
with the tariff drawn up for ordinary travellers. 



This system of passports and papers giving persons the right 
to leave their country is subject to very great variations in 
different directions. It is interesting to note that, by conven- 
tions of reciprocity concluded with most of the neighbouring 
countries, Belgium has already abandoned the need for a pass- 
port or at least for the visa. Other countries have adopted a 
similar policy. 

But for most countries this requirement still exists ; it is, 
according to the general opinion, one of the consequences of 
the war and constitutes a return to the state of things which 
seemed to have been abolished in the great majority of civilised 
nations before the end of the last century and it has greatly 
pre-occupied world opinion. Problems raised by the system 
were considered by a special Conference on Passports, Customs 
Formalities and Through Tickets, which was convoked by the 
League of Nations in October 1920. 

The Conference proposed that the League of Nations should 
forthwith invite the Governments to adopt measures with 
as little delay as possible to bring about a uniform passport 
system. 

The most important of the measures which the Governments 
were thus invited to adopt as a result of a resolution of the 
Second General Assembly of the League of Nations are as fol- 
lows : — 

(1) The establishment of a uniform type 6f ordinary pass- 
port, identical for all countries, in order to facilitate control 
during the journey. The fees charged to be moderate and without 
discrimination as between countries or persons. Not more than 
two kinds of passports to be delivered, those for a single journey 
and those with validity for two years, the latter being capable 
of extension. 

(2) Exit visas to be abolished for all except nationals. In the 
case of a passport issued for a single journe}^ the duration of 

— 39 — 



the validity of the visa should be the same as that of the pass- 
port. For passports issued for two years the visas will be valid 
for one year except in exceptional cases. The maximum fee 
shall be 10 francs gold. 

(3) The transit visa will, unless for exceptional reasons 
(e. g. undesirability), be issued at once without enquiry, solely 
upon production of entrance visa for the country of destina- 
tion in addition to transit visas for the intermediate countries. 
The duration of validity of a visa shall always be the same as 
that of the entrance visa of the country of destination. The 
maximum fee charged will be 1 franc. 

(4) The provisions of the above paragraph will be applicable 
to family passports, including husband, wife and children 
under 15 years of age, the family passport being considered, 
especially as regards the charges levied, as an individual passport. 

In the sitting of 18 October 1920, the Conference decided to 
make no particular investigation of the question of special 
emigrants' passports and to make them part of the ordinary 
system of family passports. 

The Conference adopted the following resolution on the 
subject of collective passpoiis for emigrants : "The fees for visas 
on collective passports for emigrants will be collected without 
any discrimination whatever based upon either the nationality 
of the holder, the points of entry into or exit from the territory 
of the State issuing the visa, subject, however, to the conditions 
of reciprocity provided for in Article 8. The provisions of 
Articles 2, 3, 5, 6, 7, 9 and 10 will apply to such passports." 

Among the countries which have communicated their reply 
to the Advisory and Technical Committee for Communications 
and Transit ^, a certain number have adopted the mea- 
sures referred to in the Resolution in their entirety (Czecho- 
slovakia, Greece, Roumania and Siam). Other countries have 
agreed to adopt these measures on a basis of reciprocity. Cer- 
tain countries, particularly those situated in Eastern Europe, 
declare that at present it is impossible for them to make great 
changes in the existing system. 

Certain groups of adjacent countries have gone beyond 
the international conA^ention thus drawn up on the subject 
of passports (Scandinavian countries ; Belgium, France and 
Netherlands ; Great Britain, Luxemburg and Switzerland ; 
the Succession States of the Austro-Hungarian Empire) and 
have arrived at, or are negotiating, special agreements on the 
subject of passport facilities, identity papers, transit visas, 
etc. Some of these agreements have gone so far as to abolish 
completely the system of passports and visas. 

1 League of Nations : Advisory and Technical Committee for Commu- 
nications and Transit. Replies of the Governments to the Enquiry on the 
Application of the Resolutions relating to Passports, Customs Formalities, 
and Through Tickets. Geneva, 1922. 

— 40 — 



CHAPTER IV. 



EMIGRATION FUNDS. 



A. The Constitution of the Fund. 



The constitution of a fund sufficient to meet all the expenses 
necessary for the protection of emigrants is a question which 
has often occupied the minds of legislators. It seems 
right that the expenses pertaining to the application of the 
emigration law should be placed to the charge, on the one hand, 
of the emigrants who enjoy the protection of their government 
in a foreign country, although they have ceased to contribute 
to the expenses of their own country, and, on the other hand, 
of the steamship companies which derive considerable benefit 
from the transport of emigrants, and cause increased expenses 
of supervision to the authorities of the country of emigration. 

The sources from which emigration funds are obtained are 
generally the following : the sums derived from the annual 
licenses or concessions paid by emigration agents or shipping 
companies ; fines imposed for infringement of regulations ; the 
fees charged for passports and tickets ; subsidies paid to the 
emigration services by governments or societies, etc. 

The emigration fund is, generally, a separate entity, pro- 
vided with money of its own and enjoying in that way an auto- 
nomy rarely met with among national institutions. The Hun- 
garian and Spanish laws designate, as the primary source of 
the emigration fund, subsidies paid by the State. 

Hungary, Italy, Portugal and Spain mention among 
the sources of revenue available for the emigration fund the 
fees which have to be paid by emigration agents or their 
representatives to obtain a concession in accordance with the 
law. The Italian law states that "the amount of the con- 
cession tax, the whole of which shall be remitted to the emi- 
gration fund, may be varied by Royal Decree, on the proposal 
of the Minister for Foreign Affairs after hearing the Superior 
Emigration Council." 

— 41 — 



The same countries also include among the revenues 
available for the emigration fund the different fees payable 
for passports, embarkation tickets, etc., and also the amount 
of the fines imposed by the authorities for breach of the 
regulations. 

The Austrian Bill of 1913, while providing for various taxes 
and fines in virtue of the Emigration Act, does not propose 
to create a special fund; it states that these sums are to be 
placed in the State Treasury. 

The Czechoslovak Bill confines itself to a declaration that 
taxes collected in accordance with its provisions, as w^ell as 
fines, would be paid into the Treasury. 

Hungary places at the disposal of the emigration fund the 
amount of the deposits made by emigrants between 1 January 
of the year in which they reach their 18th year and the date 
on which they are called up for military service. The deposits 
are confiscated by the State in the event of the person concerned 
not presenting himself to the authorities on the date when the 
passport ceases to be valid. 

Italy gives to the emigration fund the sums derived from 
the special licenses procured from the consular authorities at 
an oversea port by the captains of ships not registered on a 
carrier's certificate for the regular transport of emigrants but 
on which it is desired to carry more than 50 Italian passengers 
travelling in the third class, or any class corresponding thereto, 
or returning emigrants. In addition, the Italian fund includes 
the amount produced by the sale of railway tickets to emigrants 
going to a European country. ^ 

' By way of example, the budget of the Itahan emigration fund, taken 
from the financial report which appeared a few months ago, is given 
below, the following statement being for a more or less normal year 
(November 191.3-1914): — 

The receipts of the Italian emigration fund for the year 1913-14 
amounted to 4,375,147.03 hre, of which 537,241.60 hre came from the 
resources of the fund itself (interest derived from sums held on current 
account, State bonds, and bonds guaranteed by the State); 2,818.242.80 
came from payments made by transport agents "(hcense fees, embarkation 
tax, fees payable on the nomination of representatives of shipowners 
transportmg emigrants, and fees for the consular authorisation necessary 
for the return journey) ; 46,290 from the sale of railway tickets for emi- 
gration to other parts of Europe ; 643,488.93 from repayments made by 
persons participatmg m the expenses (repayment of the sums allocated to 
the military doctors who are in charge of the sanitary service on board 
emigrant ships, expenses on board and lodging of the emigrants in houses 
or quarantine stations) ; and 329,833.70 from various sources (fines for 
breach of the regulations, exceptional receipts, etc.). 

, ^ The total expenses for the same period were 3,476,290.65 lire, the 
details of which are as follows: general expenses, 402,677.76 hre; providing 
emigrarits with useful information, 52,366.78; assistance to emigrants 
before departure or during the journey 74,577.62 ; protection of emigrants 
in foreign countries 1,720,351.79 ; exceptional expenses 559,296.70. 

— 42 — 



In Norway the Bill of 1915 proposes that a special emi- 
gration fund should be formed by means of a passport fee, 
a license fee for shipowners transporting emigrants, and the 
amount obtained from lines imposed for breach of the regula- 
tions. 

In the Kingdom of the Serbs, Croats and Slovenes, 
the income of the fund is derived from fines and all other 
contributions imposed by the law and the regulations based 
upon it. The Minister for Social Affairs may also determine 
by means of an Order the contribution which must be paid 
by repatriated subjects of the Kingdom for the services which 
have been rendered to them in oversea countries by the officials 
of the Ministry. 

The Spanish law authorises the Superior Emigration 
Council to receive, on behalf of the emigration fund, subventions 
and gifts from corporations and individuals. The regulations 
state in addition that the Central Emigration Council has 
legal power to accept, in the name of the State, by way of 
inheritance, legacies or donations, goods or money which may 
be offered to it for purposes for which it is authorised. The 
Council is authorised by law to receive funds from any source 
whatsoever and to sign contracts in accordance with the law. 



B. Administration of the Fund. 

The administration of the emigration fund is entrusted to 
special emigration authorities. 

(1) The Hungarian law makes the Minister of the Interior 
responsible for the control and the administration of the emi- 
gration fund, but should a sum of money be sent to the President 
of the Council of Ministers, to be used in accordance with the 
law, the latter must render an account of it. 

(2) In Italy, the administration of the fund by the General 
Emigration Office is under the supervision of a permanent 
committee of three senators and three deputies. 

So much of the fund as is not required to meet the expenses 
of the emigration service shall be invested in State bonds, or 
bonds guaranteed by the State. The money needed for the 
service is placed in the bank. 

The redemption of securities can only be effected on an 
order of the Commissioner-General. The accounts of the emi- 
gration fund shall be presented annually by the Minister for 
Foreign Affairs to Parliament, where it shall be examined and 
voted on separately. 

(3) Poland entrusts the administration of the emigration 
fund to the Emigration Office. 

— 43 — 



(4) In Portugal, the administration of the emigration fund 
is entirely in the hands of the Emigration Department. But 
there is a regulation, peculiar to Portugal, to the effect that 
the revenue of the emigration fund cannot be applied in its 
entirety to the purpose of the control and protection of emi- 
grants. A sum not exceeding 53,300,000 reis is appHcd to the 
remuneration of the personnel of the emigration service ; then 
a sum of 15,000,000 reis is placed at the disposal of the Minister 
of the Interior for pubhc aid centres ; the remainder goes to 
the State. 

In the Kingdom of the Serbs, Croats and Slovenes, the 
money is deposited with the Minister for Social Affairs, whose 
duty it is to administer the fund. 

(5) The Spanish law charges Section IV (Financial) of the 
Superior Emigration Council with the administration of the 
emigration fund. The money is placed on current account at 
the Bank of Spain, with the exception of a reserve intended 
to cover the immediate expenses of the service. This reserve 
is at no time to exceed 5,000 pesetas. Redemption of funds 
and all banking operations must be signed by the President 
of the Superior Council and by the Secretary of the Financial 
Section. The regulations lay down the financial principles to 
be adopted. The accounts are made up every month and pre- 
sented to the first plenary sitting of the Council. Every year 
a detailed and precise financial report is prepared. 

From the point of view of decentralisation, notice should 
be taken of Article 75 of the Spanish Regulations : "If the 
Central Emigration Council considers it desirable, it may place 
at the disposal of a local committee a part of its revenues, or 
it may waive its right to the receipt of all sums over and above 
a certain fixed amount. This local committee has, in that case, 
the right to appoint a salaried secretary and the necessary 
staff. The estimates of the local committee and also a complete 
financial statement at the end of each year must be submitted 
to the Council for approval." 



C. Special Regulations in force in Certain Countries. 

The Austrian Bill of 1913 does not provide for the crea- 
tion of an autonomous emigration fund, but it would require 
every transport undertaking to pay a tax of 10 crowns for the 
transport of each Austrian emigrant, 5 crowns for a " half 
emigrant " and 2 crowns for a " quarter-emigrant. " These 
sums are to be paid into the State Treasury. 

In Greece, no fund independent of the Treasury and enjoy- 
ing an autonomous administration has been created. On the con- 
trary, it is expressly stated that money paid by emigrants, fines 

— 44 — 



imposed by judicial authority in virtue of the emigration law, 
and fees charged by the Ministry of the Interior are to be paid in 
to the Government account, considered as public revenue, and 
figure among the receipts under a special title. A sum equal to 
the revenue is to be used for the purpose of facilitating the 
return of Greek emigrants from America (or elsewhere), of 
helping them to settle in Greece, and to assist those among 
the repatriated who are ill ; if the sums available permit, a 
certain amount is to be spent on behalf of elementary instruction 
in the Greek language in America. For these purposes, a credit 
equal to the revenue for the preceding financial year is to be 
placed in the accounts of the Ministry of the Interior. On the 
first occasion of applying the law a credit equal to the estimated 
revenue for the forthcoming year is to be placed in the budget. 
The money is distributed by the Minister of the Interior on 
the recommendation of a Commission known as the "Repat- 
riation Commission." This Commission deals with repatriation 
and is permitted to correspond directly with public authorities. 

Mention should also be made of the system in force in the 
Netherlands, to assist in defraying the expenses of the emi- 
gration service. There is no emigration fund properly speaking 
but a certain sum, determined annually, and put down in the 
public accounts, is allocated to every committee exercising 
supervision over the transport of emigrants. The law states 
that, should one of these committees lose an action brought 
against a shipowner or his representative, the fine imposed 
upon it and the expenses incurred are charged on the public 
accounts. ^ 

In the Kingdom of the Serbs, Croats and Slovenes 
the emigration fund is constituted with a view to meeting all 
the expenses of the emigration service not provided for in the 
Budget, for example, subsidies to emigrants' organisations or 
to poor emigrants, the construction of emigrants' hostels and, 
in general, all expenses which may be incurred in the interests 
of emigrants. 



1 The Dutch Report of 1918 proposes the formation of an emigration 
fund, to Avhich certain simis should flow automatically, such as the tax on 
change of residence, the tax on every passenger carried by steamship com- 
panies, license fees for agents and sub-agents, for transport, emigration 
and recruiting, fines, and voluntary contributions. As the amount derived 
from these sources may vary considerably from year to year, a State subsidy 
should also be provided. Among the expenses charged on the emigration 
fund would be those relating to repatriation and subsidies to aid societies 
established in countries of immigration. 



45 



CHAPTER V. 



THE PROTECTION OF EMIGRANTS AND 
THE INFORMATION GIVEN TO THEM BEFORE 

DEPARTURE. 



Protecting the emigrant and giving him exact information 
constitute, one might say, the underlying principles of the 
legislation of most countries concerning emigration. 

This protection can be most effectively provided before 
the departure of the emigrant. If emigration is to be carried 
out methodically and with the greatest possible advantage, 
both to the emigrant and to the countries of emigration and 
immigration, the persons concerned must above all be able to 
obtain, without difficulty, precise information on the questions 
which affect them, particularly with regard to transport, and 
the conditions prevailing in the country to which they are 
going. 

Several Governments have a National Information Office 
for emigrants. Generally, this ofBce forms part of the govern- 
mental machinery which is set up for dealing with all emigration 
matters. In addition, there are in many countries private 
information offices, or other institutions or associations which 
make it easy for future emigrants to obtain useful information. 

Apart from this, legislation aims at preventing illegal 
propaganda, regulating recruiting, and intervening in the 
matter of labour contracts in foreign countries. Supervision 
is exercised over the action of agencies, transport contracts, 
and the embarkation of emigrants, even the price of the tickets 
for the journey being determined. 

In Austria an Information Office for Emigrants (Oester- 
reichische Auskunjtsstelle fiir Auswanderer), established at 
Vienna, was founded by the Government in 1920, and is 
placed under the immediate control of the Minister of the 
Interior. Its sole object is to give all who desire to emigrate 
gratuitous information on emigration, particularly on the 
economic and health conditions of different countries, on the 
travelling formalities, etc. 

— 46 — 



The Austrian organisation is intended — on the assumption 
that the right to emigrate is recognised by law — to protect 
the emigrant against all forms of injury and exploitation, to 
prevent illegal propaganda, and to safeguard the home country 
against an abnormal emigration of workers. 

In Belgium, there is an office whose duty it is to collect 
and to communicate to interested persons all available infor- 
mation concerning the conditions of emigration overseas. It is 
established at the Ministry for Foreign Affairs, in the Depart- 
ment of Commerce and the Consular Service. But the Govern- 
ment was aware that the centralisation of all such information 
in the capital would place it out of reach of the persons who 
require it, and it has therefore established information offices 
in different parts of the kingdom in direct communication with 
the central administration. It was considered desirable to 
establish one of these offices in the principal town of each pro- 
vince ; each office receives from the Ministry for Foreign Affairs 
a certain number of copies of statistics and reports which sum- 
marise the economic situation in countries open to emigration. 
In addition, the provincial offices place at the disposal of all 
interested persons the text of emigration laws, and a list of 
firms authorised in Belgium to recruit and transport emigrants. 

For emigration purposes there are at Antwerp : (1) a 
committee of inspection, (2) a surveying committee, (3) a Go- 
vernment representative, (4) a medical service.^ 

The committee of inspection has to verify and to control, 
in matters concerning emigration, the work of the surveying 
committee, to clear up difficulties and to decide in case of disputes 
which may arise as to the engagement or transport of the 
emigrants. 

The surveying committee has to survey everything con- 
cerning the conditions of the emigrants on board and the mea- 
sures adopted for ensuring the safety and health of persons 
travelling in emigrant ships. 

The Government representative has to see that all regu- 
lations concernhig the transport of emigrants are carried out. 

Finally, the medical service supervises the sanitary condition 
of the ships and the state of health of the passengers. 

In the Belgian Conoo, the Maritime Commissioner super- 
vises the embarkation of emigrants at the ports of Banana, 
Boma, and Matadi. 

The Czechoslovak Republic, in view of the emigration 
from districts formerly belonging to Hungary, the population 
of which has at all times been attracted to America, has estab- 
hshed, at Bratislava, under the Minister Plenipotentiary 
charged with the administration of Slovakia, and at Uzhorod 
(Ungwar), under the Administration for the Carpathians and 

1 Regulations of 2 December 1905, Art. 1. 

— 47 — 



Ruthenia, a special section, whose duty it is to give information 
to emigrants and to dissipate the erroneous ideas which the 
inhabitants of those districts may hold with regard to the con- 
ditions in America. 

Wage earners who desire to emigrate in order to obtain 
work abroad can apply for this purpose to the public employ- 
ment exchanges. 

Illicit propaganda carried on by emigration agencies is 
forbidden by the law of 21 April 1897 (No. 27 of the Bulletin 
of Imperial Laws), All the regulations now in force with regard 
to emigration aim at the protection of emigrants against exploi- 
tation and dishonest practices. 

The Emigration Bill would lay upon the Minister of Social 
Welfare the duty of watching over the accuracy of the infor- 
mation given to emigrants as to the prospects of emigration. 
Such information cannot be given unless authorised by the 
Ministry of Social Welfare. Special permission for giving informa- 
tion would not be needed by an undertaking authorised by law 
to carry on emigration business for the purpose of engaging 
emigrants and for performing its ordinary duties. Nor would 
permission be needed for publishing official information nor 
for publishing occasional information without a view to profit. 
Authorisations might always be restricted or cancelled. The 
Bill adds that a council would be created at the Ministry of 
Social Welfare for the study of all questions relating to emigra- 
tion. 

In France, emigration is not of great importance, and it 
is rather in immigration questions that the administration 
has taken an active part. Emigration to the colonies, however, 
has developed on a considerable scale, and in connection 
with it some special arrangements have been made. 

The Office of the Algerian Government, the Office of the 
Sherifian Government and of the French Protectorate in Morocco, 
the Office of the Government of Tunis, the General Agency 
(Agence Generale) of the Colonies (Ministry for the Colonies) and 
the economic agencies created by the Governments of Indo- 
China, Madagascar, French West and Equatorial Africa — or- 
ganisations maintained in the capital by the colonies and 
protectorates concerned — provide Frenchmen who intend to 
settle in these different countries with the necessary information 
concerning agriculture, trade, industry, and the conditions 
of work. 

The Office of the Algerian Government was founded in 
1892 on the recommendation of the budget committee of the 
Chamber of Deputies with a view to developing the colonisation 
of Algiers by people of French nationality. It organises publi- 
city campaigns on as large a scale as possible to bring to 
the knowledge of the public the advantages bestowed by the 
Algerian Administration on colonists. It gives precise and de- 

— 48 — 



tailed indications as to the places which have been, or may be, 
opened up, on the available resources, and on the kind of work 
that can be undertaken in the districts open to colonisation. ^ 

In Germany, the Reichszvanderungsamt has to examine 
and to make extracts from communications addressed by- 
official organisations in different countries and German repre- 
sentatives abroad on the conditions affecting emigration, 
immigration and repatriation in each place, to obtain infor- 
mation on the situation from German emigrants in foreign 
countries, to register particulars of persons who desire to emi- 
grate, immigrate, or be repatriated, to give information to 
future emigrants to any particular country, to prevent illegal 
recruiting of emigrants, to supervise colonisation companies or 
societies, to oppose in every possible way the activities of per- 
sons who attempt to draw profit from the present depression 
by way of recruiting, to give encouragement to all plans 'for the 
protection of emigrants, to supervise and improve the working 
of institutions concerned with emigration and immigration, and 
to ensure the regulation of repatriation, the reception of the 
repatriated, and the settlement of their affairs. 

The information is frequentlygiven orally to the persons inter- 
ested. The activity of the office embraces the whole of Germany, 
and it is assisted in this by a number of subordinate offices, of 
which there are at present 25, and which help the central 
office in collecting information and in giving it to those who 
need it. In addition, the central office recognises a large number 
of private institutions as being of benefit to the public, and it 
maintains official relations with them. 

With a view to distributing its information more effectively, 
the office publishes a journal twice a month, which is available 
for everybody to see. It also publishes pamphlets on con- 
ditions of emigration and on the state of affairs in foreign 
countries, as well as leaflets {Merkbldtter) with reference either 
to particular classes of emigrants or to emigrants in general. 
The office frequently publishes articles in the press and organ- 
ises popular lectures. 

Finally, the office is in communication with institutions, 
professional associations and trade unions, which may be able 

1 Among the institutions and societies which provide prospective emi- 
grants with useful information may be noted the Colonial Institutes of Bor- 
deaux and Marseilles, which send to their correspondents all necessary docu- 
ments, and certain private societies which arrange for grants of land and 
advance capital for this purpose. Mention may also be made of "Colonising 
France" .'La France ColonUatrice) at Rouen, "French Colonisation" in 
Paris, the Coligny Society at Montreuil-sous-Bois (Seine), and several others, 
such as the Colonial League, the Colonial Union, and the Unpleix Committee. 
It freouentlv happens, however, that these societies direct entiuirers to the 
office of the'Government of Algeria, which appears to them better informed 
and better able to answer the enquiries than tliey are themselves. 

— 49 — 



to co-operate with it, and with the Evangehcal Society for 
Emigrants and the CathoHc Association of Saint-Raphael. 

The office is kept informed of the issue of passports, so 
that it may be able to give future emigrants all the informa- 
tion that may be of use to them. 

The public employment exchanges are available for the 
use of all those who desire to emigrate. Special arrangements 
have been made with regard to this matter between the Federal 
Migration Office and the Federal Employment Board. 

In Great Britain, an Emigration Bill was introduced into 
Parliament in 1918, based on the recommendations of the 
Dominions Royal Commission. This Bill, with amendments 
put forward by the Government, proposed to set up a Central 
Emigration Committee, consisting of not more than eight 
persons appointed by the Secretary of State for the Colonies 
and a Consultative Board consisting of not more than ten 
persons, including persons representative of the Oversea Domi- 
nions and India. The poAvers and duties conferred or imposed 
on the Committee were, among others : 

(a) to collect information in relation to emigration 
and to publish and distribute the same in such manner 
as to make it available to intending emigrants ; and 

(h) to advise and assist intending emigrants ; and 

(c) to give advice and assistance to the Board of 
Trade and any other Government Department in rela- 
tion to matters connected with emigration, and in 
particular to give advice to the Board of Trade on matters 
connected with the accommodation on emigrant ships, 
and the health of emigrants during the voyage and 
(after consultation with the Board and any other Govern- 
ment Department concerned) as to th^ returns of 
passengers to be required under the Merchant Shipping 
Act, 1906. 

The Committee was to exercise supervision over all emi- 
gration societies, etc., which would not be allowed to undertake 
any work connected with emigration without the approval 
of the Committee. 

This Bill failed to pass into law. The Oversea Settlement 
Committee was appointed by the Government in December 1918, 
to take the place of the Emigrants' Information Office. This 
Committee publishes handbooks on emigration to different 
countries, which are distributed free or at a small charge. 
In addition, information can be obtained by making personal 
application or by correspondence. 

Representatives of the Dominions and Colonies in England 
also provide intending emigrants with information. 

The employment exchanges distribute official publications 
on the conditions prevailing in different countries and inform 

— 50 — 



prospective emigrants of favourable openings in other countries. 
Sub-committees of the local employment committees assist 
women who desire to emigrate and it is intended to extend 
this system to men. 

A manual for the use of emigrants has |been published 
by the Board of Trade entitled " Abstract of the Law relating 
to Passenger and Emigrant Ships. " Five copies of this 
■ Abstract " must be provided on request to the masters of 
all emigrant ships leaving the British Isles for a British pos- 
session. The master is required to supply one of these copies 
to any emigrant who applies for it, and to display other copies 
in suitable places in the steerage where the emigrants are accom- 
modated. 

The Oversea Settlement Committee has not so far in its 
opinion been granted sufficient power by law. It proposed in 
its report for 1920 that a Bill should be introduced setting 
up a Central Emigration Authority having the following powers : 
(a) to give information and advice to persons intending to 
settle overseas or to emigrate ; (b) to exercise legal control over 
licensed passage brokers and their agents and also over emi- 
gration societies ; (c) similarly to control propaganda in 
connection with emigration to foreign countries and settlement 
within the Empire. The Authority in question should be charged 
with the duty of satisfying itself that all arrangements for the 
recruiting, departure, reception, welcome, employment and 
welfare of settlers within the Empire and of emigrants to foreign 
countries are satisfactory. It should also co-operate with the 
Ministry of Labour in finding employment for British subjects 
overseas and in foreign countries, and should act as a link 
between the Home Government and the Governments of the 
self-governing Dominions in all matters concerning land settle- 
ment overseas. The work of this Authority should be able 
to prevent emigration unless there is a real guarantee of employ- 
ment, and to stop the exploitation of ex-service men and all 
other classes of settlers who are tempted to emigrate to countries 
where their lives and their health would be endangered. 

In Greece, the supervision and administration of the services 
dealing with emigration and departure for foreign countries are 
placed under the direction of the Minister of the Interior and 
entrusted to a department of this Ministry under the Director of 
Public Aid and Public Health. 

At the Piraeus, at Patras, and in other towns determined 
by Royal Decree, there are emigration offices, including as a 
rule a section dealing with departure for foreign countries. 
These offices are attached to the Prefectures at emigration 
ports, with the exception of the emigration office at the Piraeus 
which is directly under the Emigration Department of the 
Ministry of the Interior. The work relating to emigration and 
to departure for foreign countries and that of the Prefecture 

— 51 — 



may, on the advice of the prefect and with the approval of 
the Home Secretary, be concentrated in the above-mentioned 
offices. 

There are at present no offices in Greece, either official or 
private, giving information on conditions of emigration and 
colonisation, nor are there any institutions or associations 
which assist emigrants to obtain information concerning the 
journey. 

In Hungary, the Emigration Department supplies the 
necessary information and publications of general interest to 
emigrants. The Emigration Commissioners are charged with 
the supervision of all work concerning the protection of the 
emigrant. 

An Emigration Council has been established at Budapest, 
and the Ministry of the Interior must be advised by this Council 
before granting a license to a transport agent, or before cancelling 
a license already granted. Similarly, the Council has a voice in 
all questions concerning emigration. 

The Council is composed of : four delegates of the House 
of Magnates and the Chamber of Deputies respectively; two 
representatives of the Chamber of Commerce and Industry 
at Budapest ; one member elected by each of the following : 
the Hungarian Agricultural Union, the Association of Hungarian 
Agriculturists, the National Association of Manufacturers, and 
the National Industrial Committee : two economists appointed 
by the Minister of the Interior ; two representatives elected 
by workers' organisations, and two delegates from the Chamber 
of Agriculture. 

The placing of Hungarian subjects in foreign countries 
must be submitted to the State Employment Office for approval. 

With regard to India, reference has already been made 
to the distinction drawn in the Indian Emigration, Act, 1908, 
between skilled and unskilled workers. The protection of the 
latter is ensured by very severe regulations in order to prevent 
their being exploited. Emigration is not allowed except to 
countries designated by the Government. With regard to skilled 
workers, the authorities satisfy themselves that the contracts 
are advantageous, and, above all, that the workers before signing 
them understand exactly the obligations they undertake. The 
Government supervises the recruiting and the transport agree- 
ments of the emigrants. The Governor-General in Council has 
the right to forbid emigration to any particular country, if there 
are good reasons for such a measure. The Governments of 
countries to which the emigration of Indians is lawful may 
appoint an Emigration Agent in India ; the local Government 
may appoint a Protector of Emigrants among whose duties 
are those of protecting and aiding all emigrants and of causing 
the provisions of the Act and rules made under the Act to be 

— 52 — 



complied with.^ Agreements made by emigrants in view of 
their departure must be in accordance with the law and con- 
trolled and registered by a special authority, charged with the 
duty of making sure that the emigrants have thoroughly 
understood the nature of their agreements and that they have 
not been induced to enter into them by coercion, undue influence, 
fraud, misrepresentation, or mistake. 

In Italy, the General Emigration Office is the central 
authority dealing with everything concerning emigration affairs. 
The Office, placed under the Ministry for Foreign Affairs, 
is composed of a Commissioner-General and three Commissioners. 
A central office is maintained, and, apart from that, officials 
are placed in different parts of the kingdom and in foreign 
countries. The Office, under the direction and political 
responsibility of the Ministry for Foreign Affairs, organises the 
emigration services in the kingdom for the grant of licenses to 
transport agents, fixing the price of journey tickets, maintaining 
organisation in the ports of embarkation, the grant of permits 
to recruit workers for European countries, etc. ; ensures the 
protection of emigrants on board ship ; prepares international 
agreements on emigration and labour ; is responsible for giving 
aid and protection to emigrants in foreign countries ; and 
supervises aid institutions, both public and private. 

Apart from the General Emigration Office and the 
auxiliary services dependent upon it, there are other offices 
and societies, both public and private, which give emigrants 
the information and assistance of which they stand in need. 
The municipal and communal emigration committees (comitati 
mandamentali e cominunali delV emigrazione) , appointed by the 
Emigration Office and subject to its supervision, and 
provincial and communal labour offices (uffici provinciali e 
communali del lavoro) are official organisations. - 

All these institutions give information which may be useful 
to emigrants, either by replying to verbal or written questions 
or by publishing information on the conditions of emigration 
by means of the press or by any other means, or by distribut- 
ing, sometimes gratuitously and sometimes at a small charge, 
guides, handbills, bulletins, etc., published by special institutions 
or by the Emigration Office. There are a number of 
weekly and monthly publications in Italy devoted entirely to 
emigration questions. Some of these institutions organise special 
instruction and evening classes in order to prepare the emi- 

1 The emigration of indentured labour has been stopped and will not 
be permitted in the future. 

2 Private Aid Societies for Emigrants have had a remarkable develop- 
ment in Italv. The Humanitarian Society, the Bonomelli Societies, the Italica 
Gens, the National Union for Emisration and Labour, the Society for the 
Protection of Girls, etc., have founded in Italy and elsewhere, branches 
and offices for providing emigrants with assistance. 

— 53 — 



grants for the new conditions under which they will be placed. 
The curriculum of these classes varies according to the place 
to which emigrants are going, the trade or profession in which 
they will be engaged, the economic and social conditions of 
the' different countries of immigration, and the intellectual 
standard of the intending emigrants. 

Before starting, emigrants have to undergo a medical 
examination and are vaccinated, and their luggage is disinfected. 
At Naples, the principal port of emigration in Italy, there 
is a hostel where emigrants receive medical attention and 
where they are vaccinated, where they undergo a period of 
isolation (if necessary), are submitted to a bacteriological 
examination, and other medical precautions that may be 
found necessary are taken. Arrangements are being made for 
similar hostels in other Italian ports, always under the control 
of the Emigration Office. 

At the time of departure, a committee visits and inspects 
the ship, and has to satisfy itself with regard to the medical 
condition of the passengers and the crew and the sanitary 
arrangements on board. 

Finally, propaganda in favour of emigration by means of 
handbills, guides or publications of any kind is punished under 
the Italian Penal Code. 

In the Netherlands, the official department dealing with 
unemployment insurance and employment exchanges, under 
the Minister of Labour, has, apart from its activity in Holland 
itself, to determine whether workers cannot find employment 
in other F.uropean countries, particularly in Belgium, Denmark, 
France, Germany, Great Britain, and Switzerland. For this 
purpose, the department gets into touch with official organ- 
isations in the countries concerned, and sends the infor- 
mation obtained to the employment exchanges, which pass 
it on free of charge to intending emigrants. 

Before the formation of the Landverhuizing Society in 
1913, all information relating to oversea countries emanated 
from the Minister for Foreign Affairs. This society now deals 
officially with such matters. It is subsidised by the Government, 
and placed under the supervision of a Government Commissary. 
Its principal organ is an information office, located at the 
Ministry of Agriculture, Industry, and Commerce. 

The duties of the society are to give information to, and 
to protect, emigrants (particularly those going to oversea 
countries), to study the problem of emigration and the 
means of counteracting the abuses of emigration propa- 
ganda. It gives information to the Government on emigra- 
tion questions. 

The society publishes pamphlets, circulars, and articles in 
the press, and organises public lectures. It keeps in touch with 
institutions and societies which can co-operate in its work, 

— 54 — 



both abroad and in Holland itself. It takes steps to establish 
in the most important immigration countries a series of Dutch 
committees and correspondents from whom to obtain reliable 
information. ^ 

Transport Inspection Committees have to carry out the 
provisions of the law relating to emigration; they are stationed 
at Amsterdam, Rotterdam, Dordrecht, Flushing,and Harlingen. 
At places where no such committee exists, these duties are 
undertaken by the burgomaster and aldermen. 

The general duties of these committees are to protect emi- 
grants and to give them advice and information, to try to 
settle amicably all disputes between emigrants and ship- 
owners or their agents, to inspect, or to have inspected, all 
ships engaged in the transport of emigrants, and buildings 
where emigrants are housed, and to supervise the health of the 
emigrants. 

In Norway the public employment exchanges are available 
for all emigrants, but as emigration from Norway has hitherto 
largely been to oversea countries Norwegian emigrants have 
made little use of them. These exchanges are to a large extent 
used as information bureaux as to the conditions of labour in 
Sweden and Denmark. 

The Norwegian Information Office for Industry and Com- 
merce (Norges Opiyanings Kontor for N aringsveione ) , which is 
subsidised by the Government, apart from its work regarding 
the development of Norwegian commerce, gives information on 
the economic conditions, the openings, demand for labour, etc. 
in foreign countries. 

Among private institutions, the Ny Jord, Selskap for 
landets kolonisacjon eg emigrasjonen innakreukning (Society 
for the Colonisation of the Country and the Limitation of 
Emigration) gives information to Norwegian publications on the 
economic condition of countries on the American Continent, 
and aims at making public, by means of lectures, handbills, 
etc., as much information as possible on emigration matters. 

The Nordmannsforhundet (Norwegian Association) was 
founded to keep in touch with Norwegians who have emigrated, 
and to give information on foreign countries to intending 
emigrants. 

1 The Zuid-Afrikaansche Voorschotkas (South African Advance Fund) 
founded in 1903, gives information and makes advances to persons 
intending to emigrate to South Africa. In giving information, this 
Association works in co-operation \Aith the Landverhuizing. Other socie- 
ties which give information regarding emigration, but to a smaller 
extent, are the Emigration Committee of the Xederlandsche Jonge- 
lingsverbond (League of Young Dutchmen). Ter hehartiging der belangen 
von jonge meisjes (Society for the Protection of Girls), the Montefiore 
Society, and the Steiin ami doortrekkenden, a society which gives assistance 
to travellers, principally Jews. 

— 55 — 



Another society, the Hasjonalforeningen til bekjempelse av 
den hvite slavenhandel (National Association against the White 
Slave Traffic) also gives information of the same kind. 

In Poland, the Emigration Office, estabhshed on 22 April 
1920, at the Ministry of Labour and Social Welfare, deals 
with all questions concerning emigration, repatriation, and 
the giving of assistance to emigrants. It deals particularly, 
in agreement with the Minister for Foreign Affairs, with the 
preparation of conventions and all international agreements 
relating to emigration, immigration and repatriation ; with 
the control of the recruiting of workers for foreign countries ; 
with the action to be taken against harmful propaganda in 
favour of emigration and the illegal recruiting of emigrants ; 
with gathering and supplying information as to conditions 
of immigration in foreign countries ; the transport of emigrants 
and persons repatriated ; assisting emigrants and persons 
repatriated during the voyage ; the protection of the interests 
and rights of emigrants when at work ; assisting those who 
have been repatriated immediately after their return ; colla- 
boration with the Finance Ministry with regard to the transfer 
of emigrants' savings; the encouragement of economic and social 
societies and institutions in Poland and abroad, whose objects 
are to give assistance to emigrants and repatriated persons ; 
and the control of these associations from the point of view 
of the official regulations ; it makes recommendations with 
regard to granting permission to shipping companies to sell 
third-class and steerage tickets ; it deals, in agreement with 
the Superior Statistical Department, with the statistics of 
emigration. 

The bodies through which the Emigration Office works are 
(a) the Emigration Commissioner, appointed by the Minister 
of Labour and the Minister for Foreign Affairs, (h) the offices 
for employment and the protection of emigrants, so far as 
emigration affairs are concerned, in accordance with the Decree 
of 27 January 1919. 

The offices for employment and the protection of emigrants, 
instituted by the Decree of the President of 27 January 1919, 
have the duty, apart from finding employment for workers at 
home and abroad, of giving emigrants information as to the 
conditions and duration of the journey, and the work al^road, 
to supervise the contracts concluded by foreign recruiting agents 
with temporary workers, to act as intermediaries in procuring 
advances for the workers, to assist them in exchanging their 
money into the required foreign currency, and, generally, to 
give every possible assistance to emigrants on the outward and 
homeward journeys. The consular attaches, to whom reference 
will be made in Chapter YIII, are the officials who have to 
carry out the Polish emigration policy. 

— 56 — 



The Decree of 22 April 1920 provided for the establish- 
ment of an advisory council or committee in connection with 
the Emigration Office. ^ 

This committee was established by an Order of the Council 
of Ministers of 9 June 1921. Its duties are to give advice on 
all questions of emigration and immigration, assistance to 
foreigners, international Draft Conventions, and the applica- 
tions of steamship companies for permits authorising them to 
sell third-class and steerage tickets. 

In Portugal, public encouragement of emigration and 
propaganda in the form of individual or collective recruiting 
are forbidden. Recruiting may not be undertaken except by 
organisations authorised by law, and in accordance with the 
law. With regard to emigrants whose journey is paid for, 
either partially or wholly, the Government must approve the 
basis of the emigration contract. All such contracts must 
contain legal clauses stating precisely the obhgations of the 
agent towards the emigrant, and, in addition, must mention 
the name of the country to which the emigrant is going, the 
work he is to undertake, the guarantees given to him, and the 
wages offered. 

The emigration services are directed by the General Emi- 
gration Department, which is under the Ministry of the Interior. 
They are directly under the Director - General of Public 
Health. The Committee gives, either verbally or in writing, 
all information asked for concerning emigration, and publishes 
news and information about foreign countries which may be 
of interest to emigrants before their departure. It examines 
the demands of emigrants, and complies with them as far as 
possible. There is an inspection service in the ports of Lisbon 
and Oporto, charged with the duty of supervising embarkation 
and of making sure that the transport of emigrants is 
undertaken in accordance with the law. 

In the Kingdom of the Serbs, Croats and Slovenes, an 
emigration and immigration section has been formed in the Mi- 
nistry for Social Affairs and is to deal with all questions relating 

1 With regard to social institutions for the assistance of emigrants 
the Polish Emigration Society at Cracow and the Emigrants' Aid Society at 
Warsaw were both closed at the outbreak of war. Societies which were 
formed during the war — such as, for example, the Society for assisting the 
Victims of the War — are philanthropic institutions having as their object 
a rather more general assistance of a social nature. Only occasionally has 
assistance been granted to emigrants bv the Polish Philanthopic Society at 
Paris. The Polish branch of the Red Cross at Paris, the Franco-Polish 
Society, and the Young Men's Christian Association, are developing a service 
of help of an intellectual nature to Polish emigrants in France. Of far greater 
importance is the Emigrants' Refuge at New York, kept up by the National 
Polish Union. Recently a Polish branch of the Hebrew- American Immi- 
gration Society has been founded ; the aim of this branch is to facilitate the 
emigration of the Jewish population from Poland to America. 

— 57 — 



to emigration and to supervise all emigration and immigration 
services. It appoints in the principal ports of the country 
emigration and immigration commissioners whose duty it is to 
inform the police and port authorities of all contraventions of 
the law. All questions relating to the emigration of Jugo-Slav 
subjects are dealt with by the Ministry for Social Affairs, 
which has to publish a complete annual report of the work 
of the emigration section. The Minister for Social Affairs has 
an unlimited right of supervision over all licensed shipping 
companies and over their representatives, their offices and their 
ships. 

In Spain, the Superior Emigration Council and its auxi- 
liary departments are charged with the duties of protecting 
and giving information to emigrants. The following are repre- 
sented on the Council : the Ministries for Foreign Affairs, the 
Interior, War, and the Navy ; the Directors -General of iVgri- 
culture and of Public Works ; the Geographical and Statistical 
Institutes ; the Institute of Social Reform ; the Maritime 
League ; the Department for Sanitary Inspection of Ports and 
Frontiers ; the Geographical Society and the Committee for 
Home Colonisation. Finally, the workers are represented by 
four members and there are representatives of the shipowners 
or charterers authorised to undertake the transport of emi- 
grants. 

The Council studies the question of Spanish emigration 
in relation to that of other countries, draws up statistics, and 
publishes any information that may be of use to persons who 
intend to emigrate. It issues an Annual Report, which is sent 
to the Government and submitted to the Cortes. 

The Emigration Council is divided into four sections : — 
Inspection, Justice, Information and Publicity, and Finance. 

The duties of the Council are to supervise the application 
of the law a.nd regulations concerning emigration, to give 
information to the Government on the subject of emigration, 
to decide in doubtful cases concerning the law and regulations, 
to submit proposals to the Government on emigration, to 
discuss and to approve or disapprove the budget and accounts 
presented by the financial section, and to impose fines for 
infringement of the emigration regvdations. 

At the ports where the embarkation of emigrants is autho- 
rised, the Government, on the advice of the Emigration Council, 
creates Emigration Committees, composed of one member of 
the municipality, the Sanitary Inspector, a practising advocate 
appointed by the College of Advocates, or, where there is no 
such college, by the Court of First Instance, the President of 
the Chamber of Commerce or a manufacturer, three represen- 
tatives chosen by the Workmen's Associations, two represen- 
tatives of the duly authorised shipowners and consignees of 
the port, and, finally, two members appointed by the Council. 

— 58 — 



The Committees (Juntas) act as Courts of Arbitration in 
claims made by emigrants against shipowners, and they super- 
vise the apphcation of the regulations concerning emigration. 

Independently of the Superior Council, the local committees 
and emigration inspectors establish information offices for the 
use of emigrants. Shipowners and consignees authorised to 
transport emigrants give information as to journey tickets, 
conditions of transport, the probable length of the journey, etc. 
These shipowners and consignees also have the right, if they 
obtain special authorisation from the Superior Emigration 
Council, to establish information offices in places other than 
the ports of embarkation. Preparations are being made for 
the establishment of offices of this kind throughout Spain. 

The emigration regulations specify the conditions that must 
be fulfilled regarding the issue of posters, pamphlets, and all 
printed matter concerning the departure of emigrant ships. 

The information given b}^ the Superior Council and the 
local committees is absolutely free. An examination into the 
organisation of special institutions which shall make it easier 
for future emigrants to obtain useful information is now being 
made. 

Swedish legislation on this subject aims primarily at 
protecting the emigrant against the abuses of emigration 
agents. This official protection is assisted by the action of 
certain emigrants' protective societies, such as the National 
anti-Emigration Society, which. has its central office at Stock- 
holm, with subsidiary offices at the two principal ports of 
embarkation, Gothenburg and Malmoe. ^ 

The Federal Constitution of Savitzerland states that 'the 
operations of emigration agencies and of insurance societies 
not owned by the State are subject to federal supervision and 
legislation." In order to put this principle into practice, 
the Confederation passed a law and issued regulations and 
instructions to regulate the activity of emigration agents and 
to protect the emigrant against possible abuses. 

The Federal Act of 1888 determines the conditions under 
which a transport contract may be drawn up ; this must be 
done on a special form. The regulation prohibits agents from 
urging emigration and from going up and down the country 
for propaganda purposes. Each Canton exercises control over 
the accuracy of the information given on posters or in 
prospectuses. 

The Executive Order of 10 July 1888 is specially concerned 
with propaganda in favour of colonisation enterprises, the 
Act of 1888 having given the Federal Council power to prohibit 

1 The object of this association is to stop emigration by publishing infor- 
mation on tifie subject of home colonisation, and to facilitate the repatriation 
of emigrants and assist them to settle in the kingdom. 

— 59 — 



the publication in newspapers or in any other pubHcations of 
advertisements which might lead intending emigrants astray. 

Under date of 12 February 1889, the Federal Council 
issued the following amendments to the Regulations : (1) Parti- 
cipation in a colonisation enterprise is forbidden to anyone 
who has not furnished the Federal Council with full particu- 
lars, especially with regard to the reciprocal obligations 
entered into by the emigrants and the persons engaging them ; 
(2) It is forbidden to issue publications with a view to propa- 
ganda and to give information on unauthorised colonisation 
enterprises ; (3) It is forbidden to sign an emigration contract 
with persons whose travelling expenses have been advanced 
or paid, either wholly or partly, by any foreign society, insti- 
tution, enterprise or group ; (4) It is forbidden to put adver- 
tisements in the newspapers or any other publications whatso- 
ever, promising to advance either wholly or partly the travelling 
expenses. 

An Order of 31 December 1900 created an Emigration 
Office under the Political Department. This office must give 
its consent before a license is granted and supervise emigration 
agents, propaganda, encouragement to emigrate by means of 
false promises, offers of work from individuals or societies, the 
transport of emigrants, etc. The Order of 17 May 1918 charges 
the office with the duty of supervising contracts and emigration 
generally. Inquiries sent to the federal authorities must be 
addressed to the Emigration Office, which provides persons 
who have accepted an engagement with information and advice. 

To sum up, the Federal Act of 1888 and the regulations 
made since that date have as their object to institute an effec- 
tive control over emigration agencies, so that these agencies 
shall guarantee to emigrants reasonable care during the journey, 
at the ports, and on board ship. The supervision of the State, 
without preventing emigration, puts the emigrant on' guard 
against the activities of unauthorised and unscrupulous agents, 
alluring offers, and organised exploitation. To give the emi- 
grant information on the conditions of life and the state of 
employment overseas is the duty undertaken by the Federal 
Government with regard to protecting the emigrant before 
his departure. 

Employment exchanges, both official and private, are 
available to persons who wish to emigrate without any restric- 
tion. They inform emigrants as to the state of employment 
in the country of immigration, under the control of the Federal 
Emigration Office, to which they can apply for full information. 



60 — 



CHAPTER VI. 



PROTECTIVE MEASURES CONCERNING OWNERS 

OF UNDERTAKINGS AND AGENTS ENGAGED IN 

TRANSPORT, EMIGRATION AND RECRUITING. 

I. Agents in general. 

Legislation in different countries is frequently concerned 
with the control of emigration agencies of all kinds, but there 
are no definite principles according to which agents of this 
kind can be classified. 

Although very few countries make the distinction clearly, 
there are, in point of fact, three classes of agents concerned in the 
transport of emigrants : owners of transport undertakings, 
emigration agents and brokers, and recruiting agents. 

The first class consists of shipowners w^ho arrange the 
journey of the emigrants, and for this purpose conclude 
a contract with them. The second class consists of local 
or district agents, whose duty it is to get into touch with 
emigrants with a view to persuading them to travel and to 
conclude a transport contract w^ith the shipping lines they 
represent. The third class consists of persons whose object 
it is to find workmen in response to demands by industrial 
concerns abroad and to conclude labour contracts with them. 
In practice, it is very difficult to draw a clear distinction 
between these different types, for a single person is fre- 
quently engaged in work pertaining to all these classes. 

A. NECESSITY FOR A LICENSE. 

The activity of all these persons (owners or agents) is 
generally subject to a license or permit granted by public 
authorities under certain conditions. 

— 61 — 



In Austria, the Bill of 1913 proposes that the Ucense should 
be given by the Minister of the Interior; in Belgium, it is 
given bv the Minister for Foreign Affairs ; in China, by the 
Emigration Office ; in Corea, by the Minister of Agriculture, 
Commerce, and Industry ; in Czechoslovakia, by the Mi- 
nister for Social Welfare; in Denmark, by the Minister of 
Justice ; in Germany, by the Chancellor, with the approval 
of the Federal Council, so far as owners of undertakings are 
concerned, and bv the principal local authorities in the case 
of agents ; in Great Britain, by a local authority or magistrate ; 
in Greece and Hungary, by the Minister of the Interior; 
in India, by the local Government or Protector of Emigrants, 
in the case of transport agents and recruiting agents respectively; 
in Italy, by the Emigration Department ; in Japan, by the 
Minister for Foreign Affairs ; in the Grand Duchy of Luxem- 
burg, by the Government ; in the Netherlands, by the Super- 
vising Emigration Committees ; in Norway, by the local chief 
of pohce ; in Poland, by the Government, on the advice of 
the Emigration Office ; in Portugal, by the Emigration Depart- 
ment ; in the Kingdom of the Serbs, Croats and Slovenes, 
by the Minister for Social Affairs ; in Spain, by the Minister 
of the Interior, on the advice of the Superior Emigration Council; 
in Switzerland, by the Federal Council. 



B. CONDITIONS WHICH MUST BE FULFILLED 
BEFORE A LICENSE CAN BE OBTAINED. 



The conditions that must be fulfilled by persons or under- 
takings concerned in emigration affairs vary greatly in differ- 
ent countries. 

The Austrian Bill of 1913 proposes, as an essential condition 
prior to obtaining a license, that the shipowner should possess, 
or have at his disposal, suitable, well-constructed and well- 
equipped ships. 

The licensee may carry on his business at branch offices 
(Geschdjtsstelle) on obtaining a permit for the purpose from 
the Ministry of the Interior. A fee of 100 crowns should be 
payable for each office. 

Persons engaged in recruiting or colonisation should not 
be able to obtain a license as transport agents. 

New agencies for the sale of tickets for sea passages are 
not to be allowed, but those which are in existence when 
the law comes into force may continue their business on pay- 
ment of a deposit and on complying with the terms of the 
new law. The license is to be withdrawn as a penalty for 
the first offence. 

— 62 — 



The Bill also permits the Minister of the Interior to grant 
to philanthropic societies or institutions a special license to 
take part in emigration affairs on certain specified conditions. 
Among these public utility organisations are the official 
employment exchanges. 

The Bill of 1913 allows the granting of a license to native 
or foreign shipowners and freighters, but preference is always 
to be given to natives of the country and to the owners of 
ships which take emigrants from Austrian ports. Foreigners 
are to be subject to special regulations, and in particular are 
to be under an obligation to submit disputes to Austrian 
courts, and to have an Austrian as their legal representative. 

According to the Belgian regulations, persons engaged in 
recruiting or in the transport of emigrants must reside in Bel- 
gium. The owner of the undertaking has the right to appoint 
in the country agents authorised to engage emigrants. These 
agents must be provided with full power by an authorised 
owner and must obtain the approval of the local authority. 

The Czechoslovak Bill lays down that the transport of 
emigrants can only be carried out by persons who have received 
a license for this purpose from the Ministry of Social \\'elfare. 
The license can only be granted to the following persons: — 

1. Czechoslovak subjects whose undertakings are situate 
within the territory of the Czechoslovak Republic. 

2. Commercial companies, registered companies and bodies 
corporate, whose undertakings are situate within the terri- 
tory of the Republic (partnerships, limited partnerships, 
and limited partnerships with share capital can obtain 
a license only if all the members who are personally liable 
are Czechoslovak subjects). 

8. Foreigners, foreign companies and Czechoslovak subjects, 
whose companies are situate outside the territory of the 
Republic, on condition that they open an office in Czecho- 
slovak territory, with a representative with unlimited 
responsibility, fully empowered to represent them before 
individuals and official organisations, and that in the event 
of litigation, they submit to the Czechoslovak courts, and 
declare themselves prepared to accept the obligations 
imposed by emigration legislation. 

Foreign joint-stock steamship companies may only obtain 
a license to transport emigrants if they have been authorised 
to carry on their business in Czechoslovakia, in conformity 
with the provisions in force regulating the admission of foreign 
joint-stock companies, and on condition that they give full 
powers to some one member of their agency in Czechoslovakia. 
Foreign limited liability companies must first of all be entered 
on the Commercial Register, and appoint as their legal repre- 
sentative a member of their agency in the country. The latter 

— 63 — 



must be a Czechoslovak subject, and must be approved by the 
Ministry of Social Welfare, whose approval may at any time 
be withdrawn. 

A transport license is only granted for one year for prescribed 
countries or places, and in the case of trans-Atlantic voyages, 
only to prescribed ports. The Ministry of Social Welfare has 
the" right to withdraw or to restrict its scope at any time. A 
hcense for trans- Atlantic journeys can only be granted to persons 
able to prove that they have at their disposal the sort of ships 
required, fitted up in^ accordance with legislation in force. 

A license may be refused to persons who are engaged in 
recruiting emigrants, or to persons suspected of applying for 
it in order to carry out a colonisation scheme. Such persons 
will not be accepted as agents or legal representatives. 

According to the Corean Act, an agent is a person authorised 
to recruit emigrants or to make the necessary arrangements 
for sending them abroad. Such agents must have a license. 
In the event of their desiring to appoint sub-agents, they must 
obtain special licenses for this purpose. If the agent does not 
commence business within six months, the license is withdrawn. 

In Den:mark the license can be granted only to persons of 
good reputation, who must be of age and who must have resided 
in the country for at least five years consecutively. But, with 
regard to this last condition, a special authorisation may be 
granted by the Minister of Justice. 

The German Act draws a clear distinction between owners 
of undertakings (Unternehmer) and agents (Agenten). A license 
to transport emigrants may be granted only to German subjects, 
to commercial companies and partnerships, registered co-op- 
erative societies and bodies corporate, resident or having their 
head office in Germany ; but partnerships, limited partner- 
ships, and limited partnerships with share capital ( Komman- 
ditgeseUschajten auf Aktien) can obtain a license only 
if all the members who are personally responsible are 
German subjects. Foreign companies and German subjects 
resident abroad can obtain a license only if they appoint a 
legal representative in Germany, and submit to the German 
emigration laws. In addition, in cases of trans-oceanic emi- 
gration, the applicant must prove that he is a shipowner. 
Emigration agents must be resident in the district for which 
the license has been obtained, and must be empowered by a 
licensed owner to act on the latter's behalf. 

In Great Britain, a person is authorised by the local 
authority granting the license to sell steerage-passages only 
if he has a good reputation and is duly qualified. Licensed 
passage-brokers may appoint agents, but such appointment 
must be approved by an emigration officer of the Board of 
Trade, and the passage -broker remains responsible for all acts 

— 64 — 



done by his agent. The agents must not appoint sub-agents 
and must not sell tickets other than those handed to him by 
the broker who employs him. 

Emigrant runners are assistants whose activity is regulated 
bv law. If any person other than a licensed passage-broker 
or his bona- fide salaried clerk, "directly or indirectly conducts, 
solicits, influences, or recommends any intending emigrant 
to or on behalf of any passage-broker, or any owner, charterer, 
or master of a ship, or any keeper of a lodging-house, tavern, 
or shop, or any money changer or other dealer for any purpose 
connected with the preparation or arrangements for a passage 
or gives or pretends to give to any intending emigrant any 
information or assistance in any way relating to emigration," 
that person shall be considered an emigrant runner. The emi- 
grant runner must obtain a license from the competent licens- 
ing authority. This license, which must be renewed annually, 
may be forfeited for certain acts of misconduct. The emigrant 
runner must wear a special badge conspicuously on his breast, 
so that emigrants and officials may know that he is licensed. 
A person who desires to obtain a license as emigrant runner 
must present a recommendation in writing from an emigration 
officer, or from the chief constable or other head officer of police 
in the place. The grant of this license is optional. 

Under the Bill of 1918, the Central Emigration Committee, 
which it was proposed to set up, might grant passage-brokers- 
licenses, and for that purpose might cause enquiry to be made 
with respect to applicants for licenses. A passage-broker might 
not employ a person as passage-broker's agent unless («) the 
appointment of that person as agent had been approved in 
writing by the Committee, and (b) that person held from 
the passage-broker an appointment for the time being in 
force, signed by the passage-broker and enclosed with the 
approval of the Committee. 

In Greece, a hcense to sell tickets, and in general to deal 
with the transport of emigrants, is granted only to Greek 
citizens, official representatives of shipping companies, foreign 
or Greek, or of shipowners, and only on satisfactory evidence 
that the company or shipowner making application actually 
possesses suitable ships, and after an enquiry as to the moral 
standing of the agent. A license may not be granted to foreign 
companies or shipowners unless the country to which they 
belong grants similar privileges to Greek shipowners. Similarly, 
foreign companies may have representatives of their own 
nationality holding licenses of this kind only if their own country 
allows this in the case of Greek companies. In exceptional 
cases, a hcense may be granted to a representative of a dificrent 
nationalitv from that of the company, if he was acting as a 
representative in Greece at least three years before the vote 
on the Emigration Act, and on condition that the laws of his 

— 65 — 



country grant the same privileges to Greek subjects. In any 
event, foreign companies and their representatives are subject 
to all Greek laws. 

In Hungary, a license may be granted (1) to owners of 
undertakings who are Hungarian citizens, resident in Hun- 
gary, have never been convicted, are not accused of any mis- 
demeanour under, or contravention of, the emigration law, and 
who have a good reputation ; such owners, moreover, must 
not concern themselves with colonisation or employment in 
foreign countries ; (2) to Hungarian companies, on condition 
that the majority of the members having a personal responsibi- 
lity are Hungarian citiziens, reside in Hungary, and fulfil the 
conditions imposed on agents generally : (3) to foreign owners, 
whether individuals or companies, having their residence abroad, 
on condition (a) that they appoint a person to represent them ; 
(b) that they submit, so far as their emigration activities 
are concerned, to Hungarian law and to Hungarian authori- 
ties and do not concern themselves with foreign colonisation 
schemes. 

In Italy, Italian shipping companies, shipowners and 
charterers may be granted certificates, either individuallv 
or collectively, provided they manage their vessels in accor- 
dance with the conditions laid down in the regulations. This 
also applies to foreign shipping companies (recognised in the 
Kingdom by the Commercial Code), foreign shipowners, or 
charterers. A certificate must not, however, be issued to a 
foreign shipping company, shipowner, or charterer, unless such 
company or person nominates as agent an Italian citizen domi- 
ciled in Italy, or a legally constituted Italian firm, and observes 
all laws and regulations of the Kingdom concerning emigration. 

In Japan the license is only granted to persons or companies 
of Japanese nationality. The licensee is required to pay a 
deposit fixed by the Minister for Foreign Affairs, 

In the Netherlands, a license may be granted" to shipowners 
and agents who pay a deposit or find a guarantor. Foreign 
shipowners and agents have the same rights as those of Dutch 
nationality, provided they are resident in the Netherlands. ^ 

1 The Report of 1918 proposes that licenses should be granted only 
on the following conditions : — (1) that the shipowners, agents, and sub- 
agents have a good reputation : (2) that all representatives have a written 
authority from the Government : (3) that such authority, which should 
be renewable annually, be granted only on payment of an annual fee 
of from 100 to 3,000 florins for each shipowner and representative, and 
from 100 to 300 florins for each agent and sub-agent, the amount being 
in proportion to the tonnage of the ships in which the emigration agent 
is interested : (4) that a deposit of from 3,000 to 50,000 florins be made 
in applying for each license ; (5) that shipowners, etc., pav their agents 
a fixed salary and no commission ; (6) that shipowners, etc.,' be considered 
as absolutely responsible for the actions of their agents and sub-agents. 

— 66 — 



According to Xorwegiax law, a license may he granted 
by the chief of the local police subject to the deposit of a sum 
sufficient to cover the responsibility of the agent towards 
the emigrant, and any obligations imposed upon him by the 
regulations on the transport of emigrants. Sub-agents must be 
granted full power to act by the agent who appoints them, and 
if thev carry on their work outside the district in which such 
agent resides they must show the local authorities a certificate 
of good conduct, which is to be obtained from the police autho- 
rities of that district. The agent remains responsible for the 
acts of the sub-agent appointed by him. At present agents 
have to pay a fee of 0.50 crowns for each emigrant registered. 
All regulations which apply to agents apply also to freighters 
or shipowners who transport emigrants without having recourse 
to agents. 

A Bill has been introduced, which proposes that a license 
should be confined to one person and valid for one year only, 
subject to an annual tax, up to a maximum of 2,000 crowns, 
and in addition to a fee varying from 50 oere to 5 crowns for 
every emigrant taken out of the country. 

In Poland, shipping companies must appoint authorised 
representatives in the country. The representative of a company 
authorised to transport emigrants must reside in the country, 
and be, if possible, of Polish nationality. 

Portugal imposes the following conditions on the grant 
of a license: (1) the applicant must be a natural-born or natur- 
alised Portuguese citizen ; (2) he must show a certificate 
stating that he has never been convicted, and he must present 
a certificate of good conduct and morals ; (3) he must undertake 
to observe all regulations concerning emigration and to submit 
to the competent prefecture all contracts which he concludes 
with emigrants. 

In the Kingdom of the Serbs, Croats and Slovenes, 
third class and steerage tickets may only be sold by shipping 
companies which ha\'e obtained a license from the ^linister 
for Social Affairs. This hcense is not transferable. Licensed 
Companies must submit to all the provisions of the emigration 
law. They must pay a fee of at least 100,000 dinars a year 
varying according to the amount of their capital. A Regulation 
issued by the Ministry for Social Affairs lays down that the 
license is vahd for the whole kingdom, but the holder must 
indicate the place in which he intends to appoint representatixes. 
In addition licensed companies must pay a fee for every third 
class ticket held and the amount of this fee cannot be demanded 
from the emigrant. A Council of Ministers will decide which 
of the companies applying for a license of this kind shall receive 
it. Jugo-Slav companies will have the preference, if their 
ships comply with the needs of the emigration service. 

— 67 — 



A license granted to a shipping company can always be 
cancelled and the Minister is not bound to state the reason. 

Shipping companies are forbidden to have representatives- 
and to self tickets in places for which they have no license. 

In Spain, the shipping agent, who must be a shipowner, 
must be a Spaniard and reside in Spain. In the case of a company 
it is sufficient if the members of the Board of Directors have 
the said nationality and residence. If the shipping agent is 
not a Spaniard or if "he resides abroad, he must appoint a Spanish 
agent resident in Spanish territory to represent him. A consignee, 
appointed by a shipping agent, may be granted a permit by 
the Emigration Committees, provided he is a Spaniard, is 
of age and in full possession of his civil rights, and has not 
been punished for any offence. 

Shipowners and all other persons who, in accordance with 
the law, take part in the transport of emigrants, are subject to 
Spanish law and jurisdiction in all questions concerning trans- 
port. 

Emigration agencies are forbidden on Spanish territory. 

Under the Swiss law, a license is granted only to agents 
or to representatives of emigration agencies who can prove : 
(1) that they have a good reputation and are in full possession 
of their civil and political rights ; (2) that they understand 
emigration affairs and are in a position to transport emigrants 
in safety ; (3) that they are domiciled in Switzerland. Agents 
may appoint sub-agents to represent them. Sub-agents must 
conform to the same conditions as the agents, and their nomin- 
ation must be submitted for confirmation to the Federal 
Council. Agents and sub-agents must not be either officials or 
employees of the Confederation. Applicants for licenses must, 
in addition, declare that they are not in the service of a 
shipping or railway company and are not dependent in any 
way on such companies. A license as emigration agent is not 
granted to foreigners, if the laws of the country of which they 
are subjects prohibit foreigners from acting in a similar ca- 
pacity. 

Almost all countries lay down the principle, by law, that the 
authorities may cancel the license, if the holder no longer 
fulfils the conditions imposed, or if he is guilty of a grave 
breach or continued infringement of the emigration regulations. 



C. AGENTS' DEPOSITS. 

In addition to the license, owners of undertakings and 
agents have generally to furnish a personal or financial gua- 
rantee that they will meet their obligations. 

The Austrian Bill of 1913 fixes the deposit at 100,000 
crowns for owners of undertakings and 50,000 for agents. IrL 

— 68 — 



addition, a fee of 2,500 to 10,000 crowns is payable for 
every office owned by an undertaking. 

The Belgian Regulations name a sum of 40,000 francs, 
which shall bear interest at 2i/2p2r cent, if paid in cash. 

The CoREAN law stipulates that the deposit shall be fixed 
by the Minister of Agriculture, Commerce, and Industry. 
It must not be less than 10,000 yen. 

The Czechoslovak Bill lays down a minimum deposit of 
300.000 crowns to be paid by persons Avho apply for a trans- 
port license. Similarly, a minimum deposit of 100,000 crowns 
is required before appointing a legal representative. The me- 
thods of payment and of refunding deposit are to be fixed by 
further decree. In any case, the undertaking must pay a sum 
of 10,000 crowns for the transport license. 

The Danish law states that the deposit shall vary from 
3,000 to 10,000 crowns. If the agent is authorised to undertake 
the transport beyond the port of disembarkation, the deposit 
must not be less than 7,000 crowms. 

The German law fixes a minimum deposit of 50,000 marks 
for owners of undertakings and of 1,500 marks for agents. 

In Great Britain, passage-brokers must deposit £1,000. 

Under the Bill of 1918, passage-brokers have to enter 
into a joint and several bond to the Crown in the sum of two 
thousand five hundred pounds. 

In Greece, emigration agents must deposit cash or Treasury 
Bonds amounting to from 25,000 to 100,000 drachmas. 

In Hungary, the deposit is 100,000 crowns ; the repre- 
sentative of a foreign undertaking must, however, deposit 
50,000 crowns. 

In Italy, agents deposit a minimum of 30,000 fire, in addition 
to the fee for the annual license of 1,000 Kre for every ship 
registered. 

In Japan, the agent cannot begin business until he has 
paid a deposit of at least 10,000 yen. 

In the Netherlands, the deposit is fixed by the supervis- 
ing committee, and must not exceed 10,000 florins. ^ 

The Norwegian law states that the deposit must not 
be less than 8,000, nor more than 25,000, crowns. 

In Poland, the owner of an undertaking must deposit 
from 300,000 to 800,000 Polish marks, and each agent managing 
an office in the same undertaking must deposit from 30,000 to 

1 According to the Report of 1918, a large deposit should be handed 
over by the undertaking, subject to increase for every agent or sub-agent 
appointed by it. 

— 69 — 



80,000 Polish marks. In addition, an annual premium of 10,000 
marks must be paid by the owner. 

In Portugal, emigration agents must deposit 6,000,000 
reis and must also pay an annual fee of 500,000 reis. 

In the KiNDGOM of the Serbs, Croats and Slovenes, 
every shipping company which applies for a license must 
deposit 500,000 dinars ; this sum may be increased at the 
discretion of the Minister for Social Affairs. It must always 
be brought up to the full amount whenever it falls below 400,000 
dinars. Deposits must be made with the National Bank. 

In Spain, the deposit is fixed, for shipowners, at 50,000 
pesetas ; an annual license fee of 1,000 to 3,000 pesetas must 
also be paid ; consignees have to make a deposit of 25,000 
pesetas. 

The Act of 29 April 1920 has increased the amount to be paid 
by foreign shipowners or charterers. The sum will be 10,000 
to 25,000 pesetas according to the number of emigrants they are 
able to transport. The consignees, whether Spanish or foreigners, 
must pay an annual fee of 1,000 to 5,000 pesetas, according 
to the number of emigrants to be embarked. Further, both 
national and foreign companies must pay, on each emigrant's 
or immigrant's ticket issued, the sum of 5 pesetas, and 2.50 
pesetas on every half ticket. 

In Sweden, the deposit varies from 10,000 to 60,000 crowns. 
If the agent declares that he intends to arrange for the transport 
of the emigrants beyond the port of disembarkation, the amount 
of the deposit cannot be less than 20,000 crow^ns. 

According to the Swiss Federal law% the agent must, on 
apphing for his license, deposit 40,000 francs, and on the 
appointment of each sub-agent must deposit an additional 
sum of 3,000 francs. Persons who make it their business to sell 
tickets for the journey nmst deposit 20,000 francs. The annual 
fee paj^able for a license is 50 francs. 



D. RECRUITING AGENTS. 

Countries of emigration do not all consider, from the 
same point of view, the question of recruiting workers for 
foreign countries. Certain countries forbid recruiting altoge- 
ther, while others authorise and regulate it. 

The Austrian Bill of 1913 is particularly severe concern- 
ing the granting of recruiting permits, which may be given 
only to reliable persons of Austrian nationality, to employment 

— 70 — 



offices, to public utility enterprises or to foreign employers 
who appoint an authorised Austrian representative. 

The permit may on no account be granted to officials, 
railway employees, almoners, teachers, ad%-ocates, notaries, 
hotel or inn-keepers or members of their families, owners of 
transport undertakings, or to foremen or directors of industrial 
enterprises. 

The recruiters may be appointed for a period not exceed- 
ing three years but tlie permit can be withdrawn at any time, 
and they have to deposit from 2,000 to 5,000 crowns. They 
may not employ sub-agents and are to be obliged to hand 
a written contract to all persons recruited, at least one copy 
being in the language of the emigrant; these contracts have to 
contain a large number of clauses specified by the authorities 
as being in the interest of public order. The scale of charges 
payable by the workers to the recruiting agent is jRxed by 
the authorities. All the accounts and correspondence of the 
recruiting agents are to be held at the disposal of the autho- 
rities. 

By the Chinese Act of 21 April 1918, recruiting agents 
must obtain a license from the Emigration Office. The appli- 
cation for the license must state :— (a) name, age, place of 
birth, address, and profession of the applicant, (b) locality of the 
business office or its branch, (c) total sum of capitalisation, 
(d) kind of company, etc. No license is granted to an applicant 
who is deprived of civil rights, is an undischarged bankrupt, 
or is declared disqualified for property-holding privileges, or 
to one who has been punished within the past three years for 
violation of the Regulations or who has been refused a license 
within the past twelve months. 

A special permit is required for each recruiting operation. 
In applying for this, the agent must state the place where the 
labourers are to be recruited, the name of the country and loca- 
lity where they are to be employed, the nature of the employ- 
ment, the total number of labourers to be employed, and must 
deposit duplicate copies of the contract between the agent 
and the employer and of the contract between the employer 
and the lal)ourers. 

Every agent has to pay a "special security fee" of S 10,000 
on obtaining his license, and a further "business security fee" 
of at least 8 5,000 for each special permit. 

The agent's activities are subject to certain conditions. 
He must not recruit workers outside the locality to which he has 
been assigned. He must report to the nearest branch of the 
Emigration Office when the labourers are recruited and when 
they sail ; he is not allowed to demand money from the emigrant 
labourers. If the emigrants do not sail on the appointed day, 
unless this is due to force majeure, they have a right to demand 
compensation for damages. Should the agent fail to observe 

— 71 — 



the provisions of the contract, the emigrants can apply to the 
branch Emigration Office for assistance, and the expenses 
incurred for "such assistance may be paid out of the business 

security fee. 

An' agent's hccnse is withdrawn if he commits unlawful 
acts, acts' against the public safety, treats the labourers badly, 
or if he recruits labourers by cheating or other false inducements. 
If the agent desires to engage simultaneously in business that 
directly relates to the labourers recruited he must obtain a permit 
for this purpose from the Emigration Office, stating on his 
application the kind of business, the locality, the capitaUsation, 
and the management. 

According to the detailed regulations giving an outline of 
contract of emigrant labour, which were promulgated on 3 
May 1918, the contract must stipulate that the labourers shall 
receive equality of treatment with nationals as regards hours 
of work, wages, etc.; that 20 % of the wages shall be remitted 
to the Emigration Commissioner for the support of the emigrant's 
family; that board, room, and clothing shall be paid for by the 
employer and deducted from wages: that a life insurance fee 
shall be deducted from wages (these two deductions not to exceed 
one-third of the total wages), that the labourer shall be repatriated 
at the conclusion of his contract; that, in case of illness, the 
medical fee shall be paid by the employer without deduction 
from wages; and that, in case of death, the burial fee shall be 
paid by the employer. 

Interpreters must be appointed in the places where Chinese 
labourers are to be engaged. They must be approved by the 
Emigration Office. 

The contract must be endorsed and guaranteed by the 
Minister of the country concerned at Peking, and must be 
ratified by the Chinese Emigration Office. 

In CoREA, an agent is forbidden to send emigrants to any 
country unless he has a sub-agent or a representative there. 
If he induces an emigrant to go abroad as an indentured labou- 
rer or drafts an agreement stipulating for such an indenture, 
the indenture must be in writing and must be submitted for 
approval to the Minister of Agriculture, Commerce, and Industry. 
The agent must not receive fees from the emigrants in excess 
of those approved by the jNIinister. 

If an emigrant living abroad is infirm or in distress, the agent 
who arranges his departure from Corea has to assist him or 
give him the means of returning to his own country. He remains 
under this obligation for ten years from the month in which 
the emigrant left Corea. 

In Curacao, an Order of 17 July 1883, which is still in force, 
stipulates that the recruiting or hiring of persons residing 
in Curacao for employment outside the colony must be carried 
out by means of authentic contracts under sign-manual given 



in the presence of an official appointed by the Governor. The 
latter must withhold his assent unless the length of the engage- 
ment and the rate of wages are clearly stated, a free passage 
back to Curacao is assured to the emigrant at the exi)iration 
of the engagement, and in the case of minors unless their pa- 
rents or guardians have given their consent. He must also 
refuse to agree if he is convinced that the worker has been 
deceived. 

The Czechoslovak Bill prohibits the engagement of settlers 
for abroad, but allows for the recruiting of a certain number 
of settlers by decree, on condition that steps are taken for 
protecting tliem, both from the point of view of health and 
from the economic point of view. Further, the foreign Govern- 
ment must undertake to provide facilities for inspection by 
representatives of the Czechoslovak authorities and their 
legal representatives attached to courts and official organisa- 
tions, and it must guarantee that Czechoslovak subjects will 
retain their nationality, their religion, and the right to return. 
The license will be granted on the payment of a heavy deposit, 
which is only refunded after the settlement has been inspected 
by the Czechoslovak authorities. It must indicate the kind 
of transport and free repatriation provided for all settlers 
who have fallen ill, or are considered unable to work. The 
settler must receive compensation when he falls ill, or if he 
meets with an accident, or becomes unable to work owing to 
the fault of the recruiting agent, as a result of the neglect of the 
latter or of one of his employees, or if the agent was able before 
the engagement to foresee the incapacity that would provide 
a reason for repatriation. The Ministry of Social Welfare alone 
mav cancel the prohibition on recruiting for countries outside 
Europe, allowing the recruiting that of a fixed number of workers 
intended to be employed solely in the undertakings of the 
recruiter. As regards European countries, recruiting is only 
allowed by consent of the Labour Office, which will determine 
the country, the trade and the number of workers who may be 
engaged, the engagement of workers can only be concluded 
through the medium of the public employment exchanges. 

Workers can only be engaged for abroad on written appli- 
cation bv the employer, countersigned by the competent 
authority in the foreign country, which must con fir ni the 
accuracy of all the information given, and that there is no 
objection to the engagement. 

A labour contract is indispensable. Among other general 
conditions, this contract must stipulate for a guarantee that 
there is neither a strike nor a lock-out in the works in question, 
and that the worker will enjoy the same conditions of labour 
and of wages as nationals. 

As regards men, the contract must stipulate that the worker 
will be allowed a maximum leave of 3 days without loss of 

— 73 — 



pay, in order to appear before the military Recruiting Com- 
mittee or the Czechoslovak representatives. All provisions 
of the contract will be null and void which stipulate that the 
worker shall give up his right to resort to law^ for settling 
disputes arising out of the labour contract, or requiring him 
to;>pay a deposit exceeding one month's w-ages, or when the 
worker, as a result of the cancelling of the contract, whether 
by himself or by the employer, finds himself in a more unfa- 
vourable position than that laid down by the Government of 
the country in which he is. 

The French law prohibits anyone from acting as a recruit- 
ing agent without authorisation of the Government. 

The German law forbids emigration agents to transport 
German subjects whose travelling expenses have been paid or 
advanced, wholly or partly, by Colonisation Societies, or similar 
undertakings, or by foreign Governments. 

In Great Britain, there are no special provisions relating 
to recruiting agents for foreign workers, but Article 1 (3) (b) 
of the Aliens Order, 1920, states that an alien who is desirous 
of entering the service of an employer in the United Kingdom 
must produce a permit in writing for his engagement issued 
to the employer by the Minister of Labour. 

According to the Hungarian law, the Minister of the 
Interior may fix by decree, in agreement w^ith the other com- 
petent ministers, regulations as to recruiting and hiring of 
workers for foreign countries ; these regulations must be sub- 
mitted to Parliament. 

The Indian Act (Chap. V.) deals with the activity of 
recruiters. These recruiters, who, in the Act, are distinguished 
from emigration agents, must be provided with a license granted 
by the Protector of Emigrants at one of the ports from which 
emigration is lawful. This license must indicate the area within 
which the recruiter is authorised to act ; it remains in force 
not longer than one year, and the Protector may at any time, 
on the ground of misconduct, cancel the license. The recruiter 
must not act as such in any place beyond the limits of a port 
from which emigration is lawful, unless his license bears the 
counter-signature of the District Magistrate. If a District 
Magistrate has satisfied himself, after such enquiry as he 
thinks necessary, that the licensee is, by character or from 
any other cause, unfitted to be a recruiter, or that sufficient 
and proper accommodation has not been provided, or is not 
available, for emigrants, he may refuse to countersign a license, 
but he must, in that event, record in writing his reasons for 
so doing. The emigration agent on w^hose application any 
recruiter is licensed must supply the recruiter with a state- 
ment, signed by the agent, and countersigned by the Protector 

— 74 — 



of Emigrants, of the terms of the agreement which the recruiter 
is authorised to offer on behalf of the agent to intending emi- 
grants. This statement must be both in Enghsli and in the 
vernacular language or languages of the local area within which 
the recruiter is licensed to recruit. The recruiter must give a 
true copy of the statement to every person whom he invites 
to emigrate, and must provide sufficient and proper accom- 
modation in a suitable place for intending emigrants pending 
their registration or removal to the port of embarkation. 

These conditions have not been retained in the Bill for 
amending the F'migration Act. The regulations concerning the 
work o! recruiters will be drawn up in notifications permitting 
emigration to various countries. 

The Italian Act states that a person shall not enrol emi- 
grants or engage them by paying a deposit, or promise to sell 
embarkation tickets, unless he has obtained from the Emi- 
gration Office a certificate as a carrier of emigrants (vettore di 
einigranti). The same conditions are imposed on the recruiting 
agent as on emigration agents in general. The Emigration 
Department may, on conditions determined by a special license, 
authorise a private individual to undertake, either on his own 
account or on behalf of a colonial enterprise, authorised by 
the laws of the country concerned, the recruiting of Italian 
workers for work in countries beyond the Suez Canal, with 
the exception of Italian colonies and protectorates, or beyond 
the Straits of Gibraltar, with the exception of the European 
coast, on condition that the transport of such workers be 
carried out by a licensed carrier (vettore) and that the latter 
pavs the legal tax on the number of persons embarked. In 
the case of emigration to places frequented little or not at all 
by Italian emigrants, permission may be granted, under cer- 
tain conditions, for the transport to be undertaken by a ship- 
owner who is not a licensed carrier. The license is subject to a 
tax of 20 lire, which is paid into the Emigration Fund. 

Persons who recruit workers for European countries must 
have a permit from the Emigration Office, or from a prefect, 
acting on its behalf. The procedure and conditions for the 
issue and renewal of the permit are determined by the 
regulations ; the deposit of a certain sum as guarantee may 
be included in the conditions. The permit is subject to a pay- 
ment of 20 lire, to be remitted to the Emigration Fund. A 
labour contract, signed by the persons or firm for whom the 
enrolment is carried out, must be attached to the original 
permit. Records of enrolment are subject to a duty of 5 lire 
payable to the Emigration Fund in respect of each worker 
enrolled. Contraventions of these provisions are punished 
by a fine of not less than .50 and not more than 1,000 lire for 
each worker improperly enrolled. When the person improperly 
enrolled is under age or a woman, the fine shall not l)c less 

— 75 — 



than 200 lire for each person concerned, and a term of imprison- 
ment not exceeding 6 months may be imposed in addition. 

The Japanese Act stipulates that agents or their sub-agents 
mav not carrv on recruiting without previously obtaining 
permission from the Ministry of Foreign Affairs. Agents must 
conclude their agreements with emigrants by written contract 
which nmst be approved by the authorities. 

The agent, before undertaking the recruiting of emigrants, 
must notify the local governor of the place where his agency 
is established of his scheme, adding a list of the places where 
the recruiting is to be carried on and the number of workers 
to be recruited in each place. 

In the Netherlands Indies an Order of 9 January 1887, 
reissued in 1914, prohibits the recruiting of natives for work 
outside the Netherlands Indies, but the Governor-General 
has the power to grant exceptions, specifying the conditions 
of recruiting in each case. 

The recruiting of natives of Java is authorised at present 
for the Straits SeUlements, the Federated Malay States, French 
Indo-China, New Caledonia, British North Borneo, and Sara- 
wak. 

The Norwegian Act of 12 June 1896, concerning employ- 
ment and recruiting agencies, states that any person desirous 
of undertaking the recruiting of seamen or the hiring of persons 
for any purpose must obtain a license from the Municipal 
Authority and must pay a deposit. Article 3 of this law contains 
special regulations which must be complied with by agents 
who engage persons for work abroad. A written contract must 
be signed with reference to the engagement, but this contract 
is not binding on the workman unless it has been approved 
and countersigned by the police authorities, with a declaration 
that it conforms with the regulations. Should the workman 
not obtain the position offered, or should he be obliged to leave 
the place through the fault of the employer, the agent must 
compensate him, and the Norwegian Consul or the Govern- 
ment must support him in making his claim. 

In Poland, the Bill relating to employment offices at which 
payment is demanded gives the State offices for employment 
and the protection of emigrants the sole right to engage work- 
men for foreign countries, and forbids private offices and agen- 
cies to undertake recruiting for abroad, under penalty of a 
fine and imprisonment. 

The Portuguese Decree of 1919 makes no distinction 
between emigration and recruiting agents. The same regulations 
are applied to all these agents, grouped under the general 
heading of emigration agents. Recruiting is forbidden except 
in cases in which the Government has approved by Decree 

— 76 — 



I 



the principle of the contract which has to be signed by the 
agent and the emigrant. In the contract the recruiting agent 
must indicate the quahfications of the emigrants, the place or 
district to which they are going, the employment they are 
going to take up, the wages they are to receive and the rights 
guaranteed to them. 

The Spanish law absolutely prohibits the recruiting of 
emigrants for oversea countries and all forms of propaganda 
for this purpose. 

By the Swedish regulations, any person who acts as an 
agent to procure situations within or outside the county must 
have a license from the county government, and must also 
deposit not less than 1000, nor more than 5000, crowns. For 
situations abroad a detailed agreement must be made in dupli- 
cate, stating the names and addi esses of the worker and of 
the employer, the nature of the situation, and the wages to be 
given ; the agreement must also contain a clause to the effect 
that the agent will compensate the worker if the terms of the 
agreement are not carried out, and will, if necessary, pay ior 
the emigrant's return journey. The agreement must not con- 
tain any stipulation to the effect that the expenses for the 
iourney or for living shall be deducted from the wages offered, 
or be worked off on arrival. The emigrant's copy of the agree- 
ment, together with a certificate of removal, must be examined 
and signed in tlie local police office before departure from the 
country is allowed. 

Article 10 of the Swiss Federal Act runs as follows : "all 
persons, societies, or agencies, representing in whatever form 
a colonisation undertaking, must inform the Federal Council 
of the fact and furnish it with complete information on the 
undertaking. The Federal Council is competent to decide, in 
each case, whether, and if so under what conditions, indivi- 
duals, societies, or agencies may be permitted to represent 
a colonisation undertaking." Consequently, the regulations 
state that anyone who has not furnished complete information 
to the Federal Council is forbidden to take part in a colonisation 
undertaking having as its object emigration to a particular 
colony or to another country. Detailed particulars must, for 
example, be given as to the obligation of the emigrants to 
the contractor, and also as to the latter's obligations. It is 
forbidden to issue publications, with a view to propaganda, 
and to give information on colonisation enterprises not author- 
ised by the Federal Council. No contract of emigration is to 
be signed, without the authority of the Federal Council, with 
persons whose travelling expenses have been ad\anced or paid, 
wholly or partly, by foreign societies, institutions, undertakings, 
or governments. 

In conclusion, it may be recalled that the International 
Labour Conference, during its first session at Washington 

— 77 — 



(1919), examined the conditions under which it seemed desir- 
able to organise the recruiting of workers and adopted the 
the following Kecommendation : 

"The General Conference recommends to the Members of 
the International Labour Organisation that the recruiting of 
bodies of workers in one country with a view to their employ- 
ment in another country should be permitted only by mutual 
agreement between the countries concerned and after consul- 
tation with employers and workers in each country in the 
industries concerned." 



II. The Obligations of Agents, 



The laws of different countries lay down the principle that 
the emigration agent, whether he be a citizen of the country 
concerned or a foreigner, must not only obtain a license 
in order to carry on his work, but must also conform to 
certain regulations on the subject, and submit to the juris- 
diction of the competent authorities and the local tribunals 
regarding the sanctions and the responsibilities provided for 
by the laws in force for the time being. 



A. THE CONTRACT. 



1. Need for a written contract. 

Generally speaking, the emigration agent has to sign with 
the emigrant a transport contract, the essential conditions, 
the form, and the means of carrying it out being provided for 
in the law, with the object of protecting the emigrant against 
every possible abuse and exploitation. 

These contracts, in certain cases (Austria, Belgium, Great 
Britain, the Netherlands, Poland, Spain, Switzerland), are 
drawn up in accordance with an official form. 

In the majority of cases, the transport contracts must con- 
tain the following particulars : — 

(1) The name of the emigration agent (owner of an 
undertaking), and the surname. Christian names, 
place of birth, age, occupation, last residence, etc. 
of the emigrant and of the persons accompanying 
him. 

— 78 — 



(2) The name of the ship, its nationality, the company 
to which it belongs, the name of the captain, the 
length of the journey, the route to be followed, etc. 

(3) The date of departure, and the time at which the 
emigrant has to go on board. 

(4) The ports of embarkation and disembarkation, or the 
place of departure and the dcstinati(m, as the ease 
may be. 

(5) The conditions under which the journey is to be 
made — whether it is direct, or whether it is neces- 
sary to change to another ship, and if so, the name 
of the port where the change is to be made and the 
name of the ship that the emigrant is to take at 
that place. 

(6) The class in which the emigrant is to travel. 

(7) The cost of the journey, in words and figures. If 
the contract includes several persons, this price is 
to be shown for each person. 

(8) The total space at the disposal of the emigrant, for 
himself, his family, and his luggage, number of 
berths, etc. 

(9) The food of the emigrant during the journey. 

(10) General regulations as to the obligations of the agent 
and as to claims and actions which may be brought 
as a result of the transportation of emigrants. 

Apart from this general form of contract, reference has 
to be made, in certain countries, to other matters. 

Thus, the Austrian Bill of 1913 stipulates that recruiting 
and oversea transport contracts must be in writing, and the 
former must in addition be drawn up in the languages of the 
recruiter and the person recruited. 

The Czechoslovak Bill states that the contract must be 
comnmnicated to the emigrant immediately after the payment 
of his fare, and in any case before he leaves Czechoslovak 
territory. The agent may be forced by decree to agree to submit, 
in the event of litigation, to the judgment of the competent 
Czechoslovak Consulate, on condition that the emigrant de- 
clares in writing that he accepts such procedure. 

By the Danish law, if the emigrant is an agriculturist the 
contract must state whether he is landlord, farmer, servant, etc. 
In the case of a servant, the contract must specify that his 
engagement is terminated, and nuist state the class to which 

— 79 -- 



his parents belong (tenants, peasant proprietors). These state- 
ments must be verified by a certificate given by the authorities 
at the emigrant's home. 

By the German law, the contract must state what sum 
of money remains in the hands of the emigration agent in the 
event of the emigrant not arriving in time to embark. 

By the Hungarian law, there must be three copies of the 
contract ; by the Italian and Spanish laws, two copies. In 
cases where only one copy is required, that copy is kept by 
the emigrant. 

By the Italian law, the contract mvist indicate the number 
of trunks the transport of which is guaranteed. 

In the Kingdom of the Serbs, Croats and Slovenes, a 
written contract concerning the voyage must be drawn up 
between the emigrant and the company or its authorised repre- 
sentative. This contract must be made either in the Serbian, 
Croatian or Slovenian language and in duplicate. If the shipping 
company accepts emigrants at some point in the interior of the 
country the contract must also include the transport conditions 
from this point to the port of embarkation and the conditions 
under which the emigrant will be maintained from the day of 
his departure to the day of sailing. 

By the Norwegian Act of 22 May 1869, amended 5 June 
1897, the transport agent is obliged to make a written contract 
with each emigrant, and this contract must include all the 
conditions of transport. The contract must in addition be 
submitted to the police authorities, to whom each emigrant 
must present himself in person. 

The Spanish law demands an indication of the names of 
persons who have given the emigrant the authorisation to 
embark, in cases where this consent is necessary ; a detailed 
list of the luggage which the emigrant is taking with him ; 
in addition, the contract must state whether the emigrant is 
illiterate or not. 



2. Clauses in the public interest. 

Many countries lay down the principle that any clause 
which is contrary to the emigration law is null and void. This 
is the case in Belgium, Hungary and Switzerland. 

The German law lays down a whole series of regulations 
in the public interest in Articles 27 to 30. 

— 80 — 



The Italian law states that appHcation for a license as a 
carrier oi' emigrai)ts implies the acceptance of all oblio-ations 
specified in the Regulations under the Emigration Act. 

The Spanish law declares that all agreements whereby any- 
emigrant renounces some or all of the conditions which must 
be stipulated in the contract, and all agreements whereby 
personal service is rendered in lieu of the whole or part of his 
fare, shall be null and void. 



3. Cost of the journey. 

The Austrian Bill of 1913 proposes that the charges should 
include all expenses from port to port, such as maintenance 
and medical attention, and must be communicated to the 
Ministry of the Interior at least a fortnight before coming into 
force. Modifications in the scale may be insisted upon during 
this period. The scales are to be regularly published and posted 
up. Should an excessive charge be demanded, the emigrant 
has the right to repayment of three times the amount asked 
in excess of the scale. 

According to the Czechoslovak Bill, the agent must notify 
the Ministry of Social Welfare of the scale of charges 14 days 
before they come into force. During these 14 days the Minister 
may order the scale to be amended, after having given the 
agent a hearing. The period of 14 days provided for as above, 
may be reduced by the Ministry of Social Welfare in urgent 
cases. 

Greece. Before the departure of the ships, the emigration 
agent must submit for the approval of the Minister of the 
Interior a tariff showing the sums which the emigrants will 
have to pay, indicating at the same time the date on which 
this tariff will come into force. The receipt of any sums in 
addition to this approved tariff, for any purpose whatsoever, 
is prohibited ; the carrier is also forbidden to refuse to take a 
passenger who offers to pay the regulation fare. Carriers are 
not allowed to accept as emigrants persons who are not travelling 
at their own expense, and whose travelling expenses are paid, 
wholly or partly, by a foreign business man or Government. 

By the Hungarian law, every transport or emigration agent 
must communicate his transport rates to the Minister of the 
Interior. 

Italy. Carriers must forward the proposed schedtde of 
fares to the General Emigration Office not later than 
15 November, 15 March, and 15 July in each year. The Depart- 
ment decides as to approval of the fares after hearing the 
opinion of the Director-General of the Mercantile Marine 

— 81 — 



and of the Italian Chambers of Commerce abroad in the 
principal centres to which Italians emigrate, and the current 
fares in the principal foreign ports, particulars of which 
are to be supplied by the Italian Consuls in periodical reports. 
Carriers must abide by the approved schedule of fares. If any 
carrier does not do so, his certificate is withdrawn. ^ 

In Japan, the agent for the transport of emigrants must 
submit a schedule of fares for the approval of the authorities. 

In the Kingdom OF the Serbs, Croats and Slovenes, the 
p rices of passenger tickets must be submitted to the Minister for 
S ocial Affairs for examination and approval. They cannot be 
p ut in force until after they have been approved. Prices must 
always be fixed in dinars and never in foreign money. If a 
s hipping company sells tickets at a price higher than the autho- 
rised tariff the emigrant has a right to demand the return of 
d ouble the excess. 

In Switzerland, emigration agents must communicate to 
the Department for Foreign Affairs a schedule of fares for 

1 The schedule of fares, fixed for the first four months of 1921, is 
given herewith by way of example : — 

Fares during the four months, January to April 1921, fixed by the 
Emigration Office, 1 February 1921, 





















Kind of 
Vessel. 


Number 

of 
Vessels 
licensed 


Fares (in lire) to 


Increase 

for 
Trieste 


Reduc- 
tion for 
Reser- 
vists 


United 
States 


Canada 


Argen- 
tine 


Brazil 


Central 
America 


1st Class 
2nd » 
3rd » 


14 

18 
5 


1,600 
1,400 
1,300 


1,800 
1 ,600 
1,500 


1,800 
1,600 
1,500 


1,T.50 
1,550 
1 .450 


2,000 
1,800 
1,700 


150 
150 
150 


10% 
10% 
10% 



"Prepaid tickets"' from North America, 100 dollars ; from South 
America 210 including tax. 

The number of "prepaid tickets"' must not exceed 20 % per ship. 
Fares for the return of poor Italian subjects, registered by the Con- 
sulate :^- 

20 lire per person per day. 

5 lire per child between 3 and 12 years of age. 
Children less than 3 years of age free. 
The average rates (iii lire) fixed for the third quarter of 1913 were as 
follows : — 



Kind of 
Vessel. 


United States 


Canada 


Brazil 


Argentine 


Central 
America 


1st Class 
2nd » 
3rd « 


210 
200 
185 


170 


200 

184 
165 


215 

186 
176 


210 
195 



82 



b 



each route followed by their ships, distinguishing clearly be- 
tween the fare to the port of disembarkation and the fare to 
the destination in the country of immigration. 

4. The responsibility of the agent, in relation to his employees. 

By the Austrian Bill of 1013, the transport agent or any 
holder of a license must submit to the Ministry of the Interior 
a list of all his employees with an indication of their duties. 
The Ministry may demand the dismissal of any employee. 
The employees have to wear a badge and have to be in 
possession of credentials. Employees are to be paid a fixed salary, 
Avithout reference to the number of emigrants transported. 

The CzECHOSLovAKBill lays down that the agent is responsible 
for all the acts of his employees in so far as they are connected 
with the transport of emigrants. The agent and his represen- 
tative are jointly and severally responsible for the acts of the 
employees of the latter. 

By the French law, agents must be provided with a 
certificate valid for one year. This certificate implies the 
responsibility of the carrier for all acts of his representative. 

In Great Britain, a passage broker must transmit once 
a month a list of all persons authorised to act as his agents or 
as emigrant runners for him to the emigration officer nearest 
to his place of business, and must report to that emigration 
officer every discharge or fresh engagement of an agent or an 
emigrant runner within twenty-four hours of the same taking 
place. 

Article 341 of the Merchant Shipping Act lays down that 
the acts and defaults of any person acting on behalf of, or as 
an agent, of a passage-broker, are deemed to be also the acts 
and defaults of the passage-broker. The Bill of 1918 similarly 
lays down the responsibility of the agent, unless the passage- 
broker can prove that he has used due diligence to enforce 
the execution of the law, and that the act or default was 
committed without his knowledge, consent, or connivance. 

Hungary. Emigration agents, representatives, and offices 
on Hungarian territory, must keep books, in form provided by 
law, which must be open for inspection at any time by the 
authoiities, who mav take copies. The names of the managers 
of all offices and of their staffs must be notified in advance to 
the Minister of the Interior. The owner of the undertaking is 
responsible for the acts of his employees. 

Under the Italian law, a national carrier of emigrants 
mav nominate representatives, and he must forward a list 
of ^ such representatives to the Emigration Office ; he 

— 83 — 



assumes full civil responsibility, on his personal security. He 
must also, notwithstanding any agreement to the contrary, 
accept full responsibility for the activities of all persons to 
whom all or part of the' arrangements for the transport of an 
emigrant are entrusted. ^ 

Poland. Emigration agents must submit their books or 
copies of transport contracts to inspection, whenever the 
authorities judge it necessary. 

Portugal. Agents have to transmit to the Emigration 
authorities all books and documents concerning the transport 
of emigrants, whenever the said authorities desire to examine 
them. They must also communicate to these authorities, in 
good time, the probable number of emigrants who will embark 
on each vessel, so that the Emigration Office may appoint, 
if necessary, an inspector to accompany the emigrants. Finally, 
they must provide facilities for the authorities to visit the 
vessels, so that their enquiries may be made, if necessary, on 
board. 

In the Kingdom of the Serbs, Croats and Slovenes, 
every action of an agent involves the full legal responsibility of 
the shipping company he represents. For this purpose represen- 
tatives or agents should ahvays be Jugo-Slav citizens and have 
a permanent domicile in the Kingdom. Foreign shipping com- 
panies must submit, so far as their business is concerned, to the 
laws of the Kingdom. 

Switzerland. Agents are personally responsible to the 
authorities for their own acts, for those of their sub-agents, and 
for those of their representatives abroad. 

Agents must send to the Department for Foreign Affairs 
exact information as to the name, profession and residence of 
sub-agents whom they propose to engage. 

Agents must inform the Department for Foreign Affairs of 
the names of their representati^'es and attorneys at the ports 
of embarkation and disembarkation. 

They must also furnish a statement of all sums of money 
deposited with them and which are to be refunded to the 
emigrant at his destination; they must send in statements, as 
required by the Department for Foreign Affairs, on the subject 
of their emigration contracts and their relations with foreign 
shipping companies ; they must furnish the police with full 
information, as required, which may be of assistance in the 
search for criminals. Agencies which in any way whatever 
represent a colonisation undertaking must give full information 
about it to the Federal Council. 

^ The Dutch Report of 1918 proposes that transportation agents 
should be fully responsible for the activities of their representatives, sub- 
agents, and recruiters. 

— 84 — 



B. CANCELLING CONTRACTS OR DELAY 
IN EXECUTING THEM. 

1. The obligation to feed and house the emigrant in case of delay. 

The first obligation of the eip.igratioii agent is, as has already 
been seen, to sign Avith the eniigrniit a formal contract ensur- 
ing the transportation of the person concerned and other persons 
accompanying him. As a result, the agent is held firmly to 
the duty of transporting the emigrant to the destination fixed 
by the contract. 

Should the departure not take place on the date fixed, the 
agent is obliged to house and feed the emigrant until the actual 
day of departure, or to pay him compensation, the amount 
being fixed by law. 

Austria. The Bill of 1913 refers to different periods : 

(1) the emigrant may arrive at the port of embarkation 
not more than 15 days before the date of departure of the ship 
or the train, and the transport agent must arrange for his 
maintenance from that moment at a charge fixed by the Ministry 
of the Interior ; 

(2) from midday on the third day before the day of depar- 
ture, when the agent must feed and house the emigrant at his 
own expense ; 

(3) the emigrant may demand to be received on board 
on the day before the departure and to be kept there 48 hours 
after arrival, if the law of the country of immigration allows 
it ; if not he can insist on being provided for on land during 
the same period of time ; 

(4) if the departure is delayed through no fault of the 
shipowner, the emigrant may demand food and lodging, or 
alternatively compensation fixed by Order ; 

(5) if the departure is delayed more than eight days, the 
emigrant may cancel his contract, and must in that case be 
repaid his expenses and perhaps compensation also. 

Belgium. If the vessel does not leave the port on the day 
fixed by the contract, the responsible agent must pay to each 
emigrant, for each day of delay, a sum of 3 francs for an adult or 
1.50 foi a child between 1 and 12 years of age. If the delay exceeds 
10 days, and if, in the meantime, the agent has not been able 
to arrange for the emigrant to travel on another ship, on the 
conditions laid down in the contract, the emigrant has the 
right to withdraw from the contract by a declaration made 
before the Maritime Commissioner and to obtain the repayment 

— 85 — 



of the sum paid for the journey, without prejudice to any 
damages which may be awarded. If, however, the delay is 
caused by force majeure, the agent is under no obhgation except 
to house and feed the emigrant. 

China. If the departure does not take place on the date 
fixed, the emigrants are entitled to receive compensation 
from the agent for the inconvenience suffered, unless the post- 
ponement w'as unavoidable. 

Czechoslovakia. If the departure is postponed, and the delay 
cannot be attributed to the emigrant, the latter may demand, 
under the provisions of the Emigration Bill, either free board 
and lodging, or the payment of compensation for each day 
of delay at a rate to be fixed by special decree. If the delay 
lasts for more than a week, the emigrant has the right, not 
only to cancel the contract, but also to claim repayment of 
the fare and the payment of the return journey including 
board, without prejudice to the compensation which he might 
receive. If the ship does not undertake the journey, the owner 
of the undertaking is required to board and lodge the emigrant 
at his own expense, or to pay him a daily compensation. He 
must further, within the shortest possible time, secure the trans- 
port of the emigrant and his luggage to his destination. 

Denmark. In the event of the departure being postponed, 
emigrants must be fed and housed on board or on land at the 
expense of the agent. They may, in agreement with the agent, 
receive a daily sum of money, the amount of which must be 
specified in the contract. 'jj> 

Germany. The agent has to house and feed the emigrant 
satisfactorily. If the delay exceeds a week, the emigrant has 
the right to be repaid his travelling expenses and compensated 
for losses suffered in consequence of such delay. 

Great Britain. If a steerage passenger fails to obtain a 
passage within ten days of the stipulated date of sailing, for 
any cause other than his own neglect or default or a legal 
prohibition, and if he is not in receipt of daily compensation 
under the Act, summary proceedings can be taken for the 
recovery of the passage money and for reasonable compensa- 
tion up to £10 for the inconvenience or loss which has been 
caused. 

Steerage passengers must be maintained during any period 
of detention. If the detention is unavoidable and not due to 
the fault of the owners or master, it is sufficient if the passengers 
are maintained on board in the ordinary way ; but in other 
cases the steerage passengers are entitled to Is. 6d. per day for 
the first 10 days and 3s. per day afterAvards. If the emigrants 
are maintained on board as if the journey had already begun, 
they have no right to receive compensation during the first 
two days following the date fixed for the departure. 

— 86 — 



k 



Every steerage passenger on an emigrant ship is entitled.^to 
at least forty-eight hours' rest after his arrival at the end of 
his voyage, to sleep in the ship and to be provided for and 
maintained on board, in the same manner as during the voyage, 
unless within that period the ship leaves the port in the further 
prosecution of her voyage. 

Any question as to the breach or non-performance of any 
stipulation in a contract ticket may be tried before a court of 
summary jurisdiction, and damages awarded up to £20 in 
addition to the passage money. If a passenger has obtained 
compensation or redress under any other provisions of the Act, 
he is not entitled to recover damages under this section in 
respect of the same matter. 

Greece. Tickets, whether given provisionally or other- 
wise, and likewise every declaration, agreement, or simple 
receipt, must contain a precise statement as to the day on 
which, or within what period (which must not in any case be 
longer than eight days), the departure of the passenger is to 
take place, on board which vessels he is to travel, and from 
which port he is to start. 

If the departure does not take place within the period 
specified, the agent must pay the emigrant a sum of ten drach- 
mas dailv to the day of departure. This sum is payable to the 
passenger for a fortnight from the end of the period specified 
on the ticket. The passenger has the right to denounce the 
contract at any time during the period of delay ; and in such an 
event the fare which he has paid in advance is returned to him. 
At the end of the period of a fortnight referred to above, 
or when the journey is definitely postponed, for any reason, 
the agent must, in addition to paying the sums already men- 
tioned, repav to the passenger his expenses from his home to 
the port of embarkation, and also his expenses home again, even 
if the passenger does not return home immediately. 

These different sums are paid to the passenger on presen- 
tation of a statement drawn up by himself and examined by 
the competent Director of the Emigration Office. In the event 
of refusal on the part of the agent, the necessary documents, 
accompanied by a report, are sent to the proper department 
of the Ministry of the Interior, which, without further for- 
mality, orders the payment to be made from the deposit made 
by the responsible agent. 

If the voyage is postponed as a result of force majeure, the 
emigration agent has the right to denounce the contract withm 
the fortnight's grace allowed, on paying to the emigrant the 
above-mentioned compensation for the period already elapsed 
and his travelling expenses from and to his home, and on repay- 
ing him the cost of the sea voyage. 

Hungary. In the event of postponement of the departure 
through no fault of the emigrant, the agent must feed and 

— 87 — 



house the latter free of charge and must make arrangements 
for the transport of the emigrant to his destination as soon 
as possible. 

Italy. If the emigrant cannot start for reasons— even 
accidental reasons— which can be imputed to the agent, he 
is entitled to the repayment of his fare. In the case of emigration 
subsidised or assisted in any way, if an emigrant cannot embark 
for the above-mentioned reasons or because of the prohibition 
of the competent authorities, the carrier is liable for the cost 
of lodging, food, and travelling from and to his home ; this is 
without prejudice to the emigrant's right to compensation for 
any loss he mav have incurred. 

'An emigrant holding a third-class ticket is to be boarded 
and lodged at the expense of the carrier from noon of the day 
preceding that indicated on the ticket as the date of sailing 
to the day on which the vessel sails, whatever may be the cause 
of delav in sailing. 

An "emigrant holding a third-class ticket, who has been 
informed of a delav in sailing after he has been supplied with 
a ticket, but before he leaves his home, is entitled to an allow- 
ance of 2 lire a day if he has taken a half-cabin or quarter 
cabin, down to and including the day before that on which 
sailing actually takes place. 

If the delay exceeds ten days, any emigrant concerned may 
give up the journey, recover the fare which he has paid, a,nd 
claim from the proper inspector of emigration compensation 
for losses incurred, if any. 

Japan. The agent is required to fix and to announce the 
date of departure. In the case of an avoidable postponement, 
he must defray all the expenditure incurred by the emigrants 
as a result of the postponement. 

Netherlands. The agent must provide food and lodging 
for emigrants whom he has undertaken to transport. He is 
under this obligation from the day fixed for the departure 
until 48 hours after the arrival of the emigrants at their destin- 
ation. If the ship does not go or if the voyage is interrupted, 
the agent must provide food and lodging for the emigrants and 
must arrange for their transport by another ship. ^ 

Portugal. The agents must feed and house emigrants at 
the port of embarkation from the day fixed for sailing. If the 
emigrant cannot embark, owing to there being no room, the 
agent must repay the fare and compensate the emigrant for 
his travelling expenses to the port of embarkation, unless the 

1 The Report of 1918 proposes that transport agents should be obhged 
to provide emigrants with good food and lodging from the day before that 
fixed for embarkation. 

— 88 — 



emigrant prefers to wait for another ship ; in this ease, the 
agent must provide food and hedging until the day of departure. 

In the KixfiDOM of the Serbs, Croats and Slovenes, if the 
departure is postponed, tlie shi{)ping eomj^any has to provide 
the emigrant with I'ood and h)dging during the period of delay. 
If the delay exceeds eight days, the emigrant has the right 
to caneel the contract at the expense of the sliipping company 
or to demand an indenmity of 50 dinars for every day's delay. 

Spain. In the event of the departure being postponed, 
the agent at the port in question must pay him 3.50 
pesetas for every day during which the ship is detained. 
This does not apply if the departure of the ship is delayed 
owing to a strike of workmen or dock labourers, the state 
of the sea, a lire or damage on board, a prohibition by 
the health or police authorities on the ground of public 
order, an earthquake, a landslip or any accident which makes 
the quays inaccessible. Further, the agent is not obliged to 
pay compensation if the delay occurs after the embarkation 
of the emigrants, provided he feeds them at his own expense 
until the hour of departure. 

In the event of the delay lasting for a longer period than 
14 days, the emigrant may withdraw from the contract, and 
shall be entitled to the repayment of the monies paid by him, 
or, in the case of a free passage, to the payment of the expenses 
of his journey home. 

If the departure of a ship is postponed, the agent may be 
required — or authorised, if he asks for it himself — by the emi- 
gration inspector to arrange for the transport of the emigrants 
on another ship complying with the same requirements as the 
first one, if this second ship is to sail within 11- days of the 
date fixed for the original departure ; emigrants who do not 
agree to travel under these conditions are not entitled to com- 
pensation ; but, if the departure of the second ship takes place 
more than 14 days later, the emigrants are entitled to with- 
draw from the contract. 

2. Withdrawal from the contract in cases of "force majeure.'" 

It may happen that in consequence of illness duly verified, 
or in other cases of force majeure, the emigrant is unable to 
undertake or to continue the journey. This contingency is 
generally provided for liy law in such a way that the agent 
is under an obligation to repay, either wholly or partl\-, the 
sums paid for the journey. 

The Austrian Bill of 1913 states that when illness, death, 
or any other case of force majeure prevents the continuation 
of a voyage the transport agents must repay the cost of the 
uncompleted part of the journey. 

— 89 — 



The Belgian law stipulates that an emigrant who has 
been prevented from travelling on account of serious or con- 
tagious illness, properly verified, is entitled to the repayment 
of his fare. The fare is also repaid to members of his family 
who remain behind with him, in all cases if they are in direct 
descent, and to the third degree inclusive if they are in another 
branch of the family. The repayment of the fare may be de- 
manded if one of the emigrants, or one of the members of his 
family, dies or falls ill before the departure, or is prevented 
from undertaking the journey for reasons beyond his control. 
In case of dispute the Government Commissioner must inform 
the president of the Inspection Committee of the Emigration 
Service. Minors and women less than 30 years of age, entrusted 
to the care of the emigrant, are considered as forming part 
of his family. 

If the agent has sold a contract coupon, and if, as a result 
of judicial decision, the emigrant is prevented from travelling, 
the agent must, on the demand of the Government, repay to 
the emigrant, his creditors, or persons having a claim against 
him, all or part of the sum paid. 

The Czechoslovak Bill lays down that when, in consequence 
of illness or other inevitable cause for which he is not respon- 
sible, the emigrant is prevented from travelling or must break 
his journey, or if he dies before embarkation or during the 
journey, he or his heirs may claim repayment of the total 
fare if he has not begun the journey, or otherwise of the propor- 
tion of the fare corresponding to the part of the journey not 
yet made. The emigrant or his heirs are, however, obliged 
immediately to inform the owner of the undertaking, or his 
legal representative of their inability to undertake or to^ 
continue the journey. If the death of the emigrant, or the im- 
possibility of continuing or undertaking the journey is such 
as also to interrupt or prevent the members of his family from 
travelling, the latter have the right to demand the repayment 
of the fares they have paid. 

The Danish law stipulates that the fare must be repaid to 
an emigrant who, in consequence of his health, is not allowed 
by the inspecting doctor to embark. If, on this account, the 
members of his family or other persons travelling with him 
decide not to make the journey, their fares must also be repaid ; 
the agent may, however, retain any sums actually expended by 
him for the maintenance of the persons in question. 

By the German law, the fare must be repaid in the event 
of the death or illness of the emigrant or of any member of 
his family who was to have accompanied him, and in case of 
accident or any hindrance of a similar nature. Should these 
contingencies arise in a trans-oceanic port, and should the 
contract provide for the transport of the emigrant to or from 

— 90 — 



b 



a place in the interior of the country, the fare for the uncom- 
pleted partof the journey must be repaid. 

In the Netherlands, the agent must repay the fare to an 
emigrant who, owing to a case of illness duly verified, cannot 
go or remain on board, and to all the members of his family 
who remain on land, or arc relanded, with him. 

By the Portuguese law, in case of illness, duly verified, affect- 
ing the emigrant or a member of his family, the agent must 
repay the whole amount. The death of a member of the emi- 
grant's family entitles the emigrant, if he should withdraw 
from the contract in consequence, to the repayment of half 
the sums expended. 

In the Kingdom of the Serbs, Croats and Slovenes, if the 
emigrant is not able to undertake the journey on account of an 
illness affecting himself or affecting some member of his family 
or for any reason due to the shipping company or its represen- 
tative, he has the right to the return of all the money that he 
has paid out. The same thing applies if the shipping company 
tries to embark a person who has been rejected in the medical 
examination before embarkation or who does not possess 
all the necessary documents on departure. 

By the Spanish law, in case of illness affecting either 
the emigrant himself or one of the persons accompanying him, 
it is sufficient for the persons concerned to give six hours' notice 
before the departure. The legulations include as legitimate 
causes for withdrawal, under the same conditions, the serious 
illness or death of the father, mother, or child of the emigrant, 
even though these persons are not to accompany him on 
the journey ; in such a case, the date of the illness or death 
must be subsequent to that of taking the ticket. Cases of 
force majeure, duly verified, are also considered as legitimate 
causes of withdraAval, under the above conditions. 

If the emigrant dies before the date of departure, the whole 
fare must be refunded to his executors. 

By the Swiss law, the fare must be repaid, after deduction 
has been made for unavoidable expenses and outlay on the part 
of the agent, either in drawing up or in the partial carrying 
out of the contract. 

3. Withdrawal due to the jauU of the transport a^ent. 

One of the characteristics of the Italian law is that of 
suppressing the responsibility of intermediaries and making 
the transport agent and the emigrant the only persons having 
rights and duties. If the emigrant is refused permission to 

— 91 — 



embark, the transport agent mnst compensate him, because the 
obhgations of the contract accepted by the transport agent 
inchide that of ensuring for his departure to the country of 
immigration. ^ 

4. Withdrawal at the desire of the emigrant. 

The Austrian Bill of 1918 provides under these circum- 
stances for the repayment of half the value of the uncompleted 
part of the journey. 

According to the Czechoslovak Bill, when the emigrant 
before embarkation or during the voyage cancels the transport 
contract, for any reason whatever, he has the right to claim 
repayment of half the fare for the journey not yet made. 

The German law provides for the repayment of half the 
fare. 

By the Hungarian law, an emigrant who, for any reason, 
Avithdraws from the contract before emlmrkation is entitled to 
the return of his fare.'^ 

By the Portuguese law, the emigrant has the right, up 
to five days before embarkation, to withdraw from the contract ; 
the agent must, in that case, repay to the emigrant half of 
what the latter has paid. 

In the Kingdom of the Serbs, Croats and Slovenes, if 
an emigrant voluntarily cancels the contract before embark- 
ing he has a right to the return of half the journey money 
paid. 

By the Spanish law, the emigrant may withdraw from the 
contract at least five days before the embarkation ; in this 
case he is repaid half his fare. 



5. Enforced stay at a port. 

Should the ship be held up at any port in the course of the 
voyage, for any reason whatever, food and lodging for the 
emigrant must be provided by the transport agent. This is 

1 The Dutch Report of 1918 proposes that the emigrant should 
be entitled, when the contract is broken through the fault of- the agent 
or recruiter, to the repayment of the whole fare and of all sums paid out 
by him, and also to compensation for losses incurred. The report also 
makes proposals with regard to withdrawing, in certain cases, a license 
which has already been granted. 

- The Dutch Report of 1918 proposes to authorise the emigrant to with- 
draw, at any time before embarkation, from the contract on behalf of him- 
self and his' family, and he would be entitled in that case to the return 
of his fare, minus the expenses which have actually been incurred. 

— 92 — 



laid down in the laws of Belgium, Germany, Hungary, Italy, 
Spain and Switzerland. In case of shipwreck or any accident 
preventing the ship from sailing from an intermediate port, 
the agent must arrange for another ship to take the emigrants 
to their destination. 

The Czechoslovak Bill lays doMn that the agent shall be 
required, in the event of interruption of the journey for any 
reason, to procure free board and lodging for the emigrant, or 
to pay him daily compensation until the journey is resumed. 
He must further secure, with the least possible delay, the 
free transport of the emigrant and his luggage to his destina- 
tion. 

In Great Britain, it is stipulated that if an emigrant ship 
becomes unfit to proceed on the voyage, a written undertaking 
must be given to the emigration officer that the steerage pas- 
sengers will be forwarded to their destination within six weeks, 
and during the interval the}' must be maintained at the expense 
of the ship. If they are not forwarded within six weeks the 
passage money may be recovered. 

The Italian law imposes a similar obligation on the agent 
in the event of the stay at an intermediate port exceeding 
a fortnight. 

The Dutch law states that there is no obligation on the 
part of the agent if the voyage has been uiterrupted by reason 
of force majeure other than an accident at sea. ^ 

In the Kingdom of the Serbs, Croats and Slovenes, 
shipping companies are responsible for all transport expenses 
not mentioned in the contract and particularly for those brought 
about during the voyage as a result of bad weather or of orders 
given by the authorities, or in cases of jorce majeure. 



6. rnsurance of the emigrant and his luggage. 

In certain countries the agent is obliged to effect an insur- 
ance on behalf of the emigrants. 

The Belgian regulations stipulate that the agent must 
insure himself for a sum equal to the cost of transporting the 
passengers and to the value of the provisions taken on the 
voyage. This sum is increased sufficiently to cover all loss and 
damage which may be incurred as a result of a total or partial 
failure to carry out the transport contract, at the rate of 50 % 
of the fare per adult passenger for trans-oceanic voyages. If 

1 Under the proposals of the Report of 1918, the transport agent may 
be required to have the emigrants taken by a competing company if, in 
cases of force majeure., he finds it impossible to arrange the transport 
himself. 

— 93 — 



the agent is not able to effect the insurance in time, he must 
hand over the sum in question to the government deposit and 
consignment office. This can be withdrawn only on production 
to the emigration inspection committee of an insurance pohcy 
or a leo-al document cert'fving the due arrival of the ship at 
its destination. If in the course of the voyage the sums insured 
or deposited are absorbed or partly used up, the agent must 
without delay insure or deposit a sum equal to the certified deficit. 

The Czechoslovak Bill requires the agent to insure the head 
of the familv or his representatives against accident, and his 
luggage against loss or damage, as far as his destination,with 
a Czechoslovak company, at rates approved by the Ministry 
of Social Welfare. 

In Hungary, the agent has to insure the head of the family 
against accidents, and his luggage against loss or damage, in 
accordance with the rates approved by the Minister of the 
Interior; the agent must do this through a Hungarian Insur- 
ance Company. 

In the Netherlands, the agent must effect an insurance 
by which the insurance company undertakes to repay the 
expenses which would be incurred, in case of accident at sea, 
in providing lodging and food for the emigrants during the 
time occupied in repairing the ship, or in arranging for transport 
to their destination, if the ship is unfit to continue the voyage. 
The sum insured must be, at least, equal to the total cost of 
the tickets plus 50 %. If the amount insured is wholly or 
partly exhausted, the agent must send to the supervising 
committee, within a specified period, a new insurance policy 
for an amount equal to the original sum or to the amount 
already used. If the amount of the insurance is not recoverable, 
the agent remains personally responsible for the transport of 
the emigrants. ^ 

The law dealing with the insurance of Spanish emigrants 
makes this rather a social insurance than an obhgation imposed 
on transport agents. For that reason no further reference is 
made to it here, in spite of its great interest. - 

The Swiss law imposes on the agent the obligation to 
insure luggage against loss and damage, at rates indicated in 
the contract and submitted for approval to the Federal Council ; 
and also to insure against accident the head of the family, or, 
if he is not present, his representative, for the duration of the 
voyage to the destination mentioned in the contract, for the 
sum of Fr. 500. The premium for this last insurance must be 

1 The proposal in the Report of 1918 is that the transport agent should 
insure the emigrant against accidents and the loss of his luggage. The 
expenses of the insurance ma\', of course, be recovered from the emigrant. 

2 See Chapter VII. 

— 94 — 



indicated in the contract and the rate submitted for approval 
to the Federal Council. 

7. Burial. 

In Hungary and Switzerland, the transport agent has 
— in case of the emigrant's death in the course of the voyage 
— to arrange for suitable interment. The Czechoslovak Bill 
contains a similar provision. 



C. REPATRIATION OF EMIGRANTS.^ 

1 . Emigrants refused admission : transport agent at fault. 

The shipowner or agent is often obliged to compensate or 
to repatriate at his own expense emigrants whom he has trans- 
ported without passports, or who are refused admission by the 
authorities of the coimtry of immigratior for reasons laid down 
in the immigration regulations. 

Shipowners accept such clauses without hesitation because 
the laws of the countries of immigration frequently impose on 
them the obligation to repatriate emigrants whom they have 
transported and who are refused admission. 

The Austrian Bill of 1913 states in a general way that a 
shipowner Avho has transported an emigrant rejected on arrival 
is obliged to bring him back without delay and free of charge 
to his last residence. 

Greece. Emigration agents have to bring back at their 
own expense, to the port of departure, all emigrants who are 
refused permission to land in Ameiica or elsewhere for reasons 
which existed before the departure from Greece. They are also 
required to repay the emigrant's travelling expenses and 
to compensate him for any other losses incurred, even though 
it was due to simple negligence. On the other hand, agents 
have the right to demand from emigrants all necessary infor- 
mation so that they may determine whether the latter fulfil 
the conditions or not. 

Hungary. The shipowner must repatriate free of charge 
all emigrants transported by him without a passport. 

India. The conditions of repatriation arc regulated in 
the agreements made by the Government of India with the 
Government of the country of destination. 

Italy. The carrier is responsible for the loss incurred by 
> See also Chapter XI. 

— 95 — 



an emigrant who is rejected by the country to which he goes 
under the laws there in force respecting immigration, in any 
case in which it is proved that the carrier was aware before 
sailing of the conditions which caused the rejection of the 
said emigrant. ^ 

The Norwegian Bill of 1915 requires the responsible shipowner 
or agent to bring the emigrant back free of charge to the place 
where the ticket for the journey was taken. This applies to 
the whole family, if the head of the family, his wife and children, 
are rejected. 

Poland. The agent has to repatriate at his own expense 
emigrants refused by the authorities of the country of immi- 
gration, and to bring them back to the place from which they 
started. 

Portugal. The agent is responsible for loss incurred by 
an emigrant who is not accepted by the undertaking which, 
or the persons who, engaged him ; he must arrange for the 
emigrant's repatriation and reimburse him for all expenses 
necessitated by his return home. 

Spain. If the owners of a ship convey an emigrant to a 
destination where, by virtue of the laws there operative he 
is refused admission, they must repatriate him without delay 
and free of charge. In the event of such laws being amended, 
withdrawn or replaced, the owners of the ship are entitled to 
be reimbursed the cost of the return journey if it was impossible 
to receive due notice of such change before the conclusion of 
the embarkation contract. Should the emigrant be unable to 
pay the sum required, the Emigration Council may consider 
the voyage as two of the repatriations which, in accordance 
with the emigration law, the agent has to undertake at half 
pricp. 

2. Other cases of repatriation. 

In certain countries shipowners are required to repatriate 
a number of emigrants fi'ee of charge or at half-price. 

Austria. The Bill of 1913 obliges shipowners who have 
transported Austrian emigrants to bring back at least 10 % 
of this number at half-price to Austrian ports, in so far as 
destitute persons, repatriated by the Austrian diplomatic 
authorities, are concerned. 

1 The Dutch Report of 1918 proposes that, in the event of an emi- 
gration agent being at fault, not only should a free passaige be given to the 
emigrant 'who is rejected by the country of immigration, but the agent 
should be made fully responsible for all loss incurred by the emigrants if,, 
when they embark, they obviously do not fulfil the conditions laid down 
for admission. Emigration entails heavy expenses for the emigrant, and 
the responsibility for these expenses should fall on the agent. 

— 96 — 



China. The provisions relating to the engagement of 
emigrant Avorkers require the employer to repatriate the work- 
ers free of charge on the expiry of their engagement. In 
the case of prolonged illness, the worker nmst be similarly 
repatriated. 

Czechoslovakia. The Emigration Bill stipulates that emi- 
grants sent back to their own country by the Czechoslovak 
authorities abroad, for whatever reason, must be repatriated 
at half price via the European port most used by emigrants 
from the Czechoslovak Republic. The agent shall only defray 
half the cost of the return journey in so far as the number of 
emigrants to be repatriated during the year does not exceed 
one-hundredth of the total number of Czechoslovak passen- 
gers he has transported to the country in question during 
the preceding year. 

Greece. Every agent must each year place at the disposal 
of the Ministry of the Interior or the euthorities appointed 
by the latter, free of charge to the latter and at the expense 
of the company he represents, twenty third-class tickets from 
New York to a Greek port, and fifty similar tickets at half- 
price, for the repatriation of destitute Greek subjects. 

Italy. A carrier is bound to carry poor Italians who for any 
reason are returning home under arrangements made by and 
at the request of a royal diplomatic or consular official, at a 
price fixed by order of the Emigration Office, and in- 
cluding food. The amount to be paid in such a case by the 
Government is 20 lire per day per head, including the main- 
tenance expenses. The number of poor persons who may be 
repatriated under these conditions is at the rate of 10 (whole 
berths) in each vessel below 1000 metric tons, with an increase 
of 1 for every 200 tons or parts thereof above 1000 tons, up 
to a maximum of 30, Children above 3 and under 12 years of 
age are paid for at a reduced price ; those under 3 years of age 
travel free. 

By the Norwegian Bill, poor emigrants who, within three 
months of their arrival, desire to return home, and whose 
request is supported by the Norwegian Consul, have the right 
to be repatriated, on payment of the bare cost of maintenance 
on board. The number of emigrants repatriated under these 
conditions must not exceed ^ per cent, of the total number 
of emigrants transported by the agent in the course of the 
previous year. 

Portugal. Shipping Companies undertaking the transport 
of emigrants must repatriate a certain number of persons free 
of charge or at half-price (3 % of the emigrants carried during 
the preceding quarter for free transport and 10 % for transport 
at half-price). 

~ 97 — 



In the Kingdom of the Serbs, Croats and Slovenes, the 
shipping companies authorised to transport emigrants must keep 
on each ship on its return journey fifteen places for indigent 
Jugo-Slav subjects who are repatriated by order of the consular 
authorities. 

Spain. Agents are required to repatriate at half-price a 
number of emigrants not exceeding 20 % of the emigrants 
they have transported to the country in question durmg the 
preceding quarter. The Spanish consul at the port of arrival 
overseas sends a note to the shipowner's representative certi- 
fying the total number of emigrants disembarked and fixing 
on this basis the number of immigrants to be repatriated during 
the following three months; if the shipowner has no ship avail- 
able to effect this repatriation at the time indicated, he must 
give the immigrant a passage-ticket on a ship belonging to 
another undertaking or company. ^ 



D. POLICE REGULATIONS. 

1. Communication of lists of emigrants. 

In many instances agents are reqv^ired to hand to the com- 
petent authorities a list of the emigrants whom they transport 
on each voyage. 

The Austrian Bill of 1913 obliges transport agents to give 
particulars regarding all emigrants transported. These parti- 
culars may be checked in the books of the agent. 

In Belgium, the shipowners must hand to the Government 
Commissioner, on the day before sailing, a provisional list of 
the passengeis he is taking. The final list, duly signed, must 
be handed in, within 24 hours of the departure of the passengers, 
to the Government Commissioner and to the Maritime Com- 
missioner, and must contain, in precise form, the following 
particulars : surname. Christian name or names, sex, age, natio- 
nality, last residence, destination, the npme of the ship, the 
names of the ports of embarkation and disembarkation, tran- 
shipments in the course of the voyage, and the means of trans- 
port to the final destination. 

The Czechoslovak Bill provides that the representatives 
of Czechoslovakia, Legations or Emigration Commissioners, 
should be informed in good time of the arrival of the emigrants 
in the port of embarkation. 

The German Regulations of 14 March 1898 stipulate 

1 The Dutch Report of 1918 proposes that transport agents shall be 
obUged to return emigrants and persons in transit to their original country, 
providing them in the meantime with food and lodging. The expenses 
should be borne by the agent if he is at fault, but not otherwise. 

— 98 — 



that the shipowner must place at the disposal of the Inspector, 
six hours before the departure of the ship, a list givincr the 
names of 

(a) persons more than 10 years of age ; 

(b) children more than 1 year and less than 10 years 

of age ; 

(c) children less than a year old ; 

(d) women tiavelling alone ; 
{e) men travelling alone. 

The German law stipulates that information must be im- 
mediately given to the German consul at the port of disembark- 
ation as to the names, nationality, and aim of journev of 
women who appear to have been the object of an immoral 
traffic. Information must also be given with regard to men 
accompanying them. 

In Great Britain, the master of every ship carrying steer- 
age passengers must sign in duplicate a passengers' list, setting 
forth the name and other particulars of the ship and of every 
passenger on board. The list must be countersigned by the 
emigration officer if there is one at the port, and then delivered 
to the officer of customs, who countersigns it, returns one copy 
to the master, and retains the other copy himself. If any require- 
ment of th's section of the Act is not complied with, or if any 
passengers' list is wilfully false, the master of the ship is liable 
to a fine not exceeding one hundred pounds. 

Under the Bill of 1918 a passage broker or his agent 
is obliged, before issuing a ticket, to give not less than seven 
clear days' notice to the Central Emigration Committee, speci- 
fying correctly the name, present address and proposed destin- 
ation of the person to whom it is proposed to issue the 
ticket. 

In Greece, emigration agents are required to submit to 
the Ministry of the Interior a copy, legalised by the Greek 
Consul-General at New York, of the declaration made to the 
immigration authorities at Ellis Island by the captain of every 
ship sailing from a Greek port to America. With a view to 
ensuring control of departures and the verification of the taxes 
payable, shipowners and shipping agents must submit, every 
month, a list of persons to whom tickets have been delivered, 
giving sepp.rately the names of (1) emigiants, (2) other pas- 
sengers, (3) foreign passengers (that is to sey, those who travel 
with a foreign passport). 

The Italian regulations stipulate that the captain of a 
ship shall furnish the emigration authorities with a list of 
emigrants and other passengers transported by him. This list 
is kept by the emigration inspector. 

The Japanese regulations require the agents to inform 

— 99 — 



the Imperial Consuls at the place of destination of the names 
of the emigrants they transport. 

In the Netherlands, the shipowner must transmit to the 
supervising committee, within three days of the departure of 
the ship, a list signed by him, showing : the surname. Christian 
names, age, sex, profession, and last residence of emigrants 
who are on board the ship, the name of the ship, the name of 
the captain, and the destination. If, subsequent to this declar- 
ation, the ship is in communication with land, the committee 
has the right to demand that within a specified period the 
shipowner shall prove the accuracy of his statement, or add 
the names of emigrants who did not start and the names of 
those who embarked at the last moment. ^ 

By the Norwegian regulations, agents must hand to the 
authorities a list of emigrants whom they are going to transport, 
and who have received tickets from them. 

In Poland, the agent must hand to the authorities, before 
departure, a list of third-class passengers who are to embark. 
This list must be made out in a form approved by the Emigra- 
tion Office. 

In Portugal, agents or consignees must deposit in the 
emigration inspection offices, before the departure of the ships, 
a list of passengers who are to embark, and the documents in 
which the embarkation of each person has been authorised. 
In addition, they must remit every month a list of emigrants 
who have sailed during the preceding month. 

In Spain, charterers must transmit to Spanish consuls at 
the end of the journey a list of the emigrants transported. 
They must also forward to the Central Council for Emi- 
gration a copy of this information. When an inspector 
accompanies any ship, he shall be entrusted with the pre- 
paration of the documents for transmission to the Consuls 
and to the Central Council for Emigration. These lists must 
state : the surname. Christian names, sex, age, place of birth, 
whether married or single, last residence, and, in addition, the 
name of the ship, its nationality^ and the country to which it 
is going. Persons liable to military service, who are authorised 
to emigrate, must be mentioned on a special list with an indi- 
cation of their military position and the regiment to which 
they belong. 

In Sweden the master of the ship must, on arrival at his 
destination, submit to the Swedish Consul a list of emigrants 
countersigned by the competent Swedish authorities. 

^ The Dutch Report of 1918 proposes that the shipowner should trans- 
mit to the Dutch consul at the port of arrival a list of Dutch passengers 
disembarked. 

— 100 — 



In Switzerland, agents must send to the Department for 
Foreign Affairs a list of persons transported ; the forms for 
this list are supplied free of charge to the agents and must be 
sent in every month, duly filled up. Agents must also see that 
the respective consuls are advised of the embarkation and 
disembarkation of emigrants. 



2. Publicity and Notices. 

The Austrian Bill of 1913 states that the scales of transport 
charges authorised by the Minister of the Interior must be 
exhibited in the offices of all owners of transport undertakings, 
their representatives, and holders of emigration licenses. 

In Belgium, agents must exhibit in the most conspicuous 
place in their offices the fares charged by the different com- 
panies for whom they are authorised to sell tickets. 

According to the Czechoslovak Bill, the rates of trans- 
port must be posted up conspicuously in the offices of the 
agent. 

In Great Britain, passage-brokers must keep exhibited in 
their offices a list of persons for the time being authorised to 
act as agents or as emigrant runners. 

Under the Bill of 1918, a passage-broker or his agent is 
obliged to take all necessary steps to bring to the notice of 
an intending emigrant any publications of the Oversea Settle- 
ment Committee which affect the case of that emigrant. 

In Spain, consignees, authorised to engage in the transport 
of emigrants, are required to exhibit in a conspicuous place 
in their offices the number of berths they hold at their disposal 
on each ship and for each destination. They are not allowed 
to sell more tickets than the number stated there. 



3. Admission of officials on the voyag,e. 

The protection of emigrants on the voyage is undertaken 
by special officials, frequently doctors, appointed by the Govern- 
ment, and shipowners are obliged to admit them on board 
their ships. 

The Austrian Bill of 1913 is particularly generous in the 
matter of protectors of emigrants during the voyage. Not 
only does it provide for the nomination of emigration commis- 
sioners on board all emigrant ships, but it also provided that 
every important group of emigrants should be accompanied by 
a chaplain {Seelsorger), by trustworthy women whose duty it 

— 101 — 



would be to prevent anything in the nature of a White Slave 
Traffic, and by emigration experts. 

The Belgian regulations stipulate that the Government has 
the right, if it considers it desirable, to have a special officiel, 
travelhng first class and free of charge, on every emigrant ship. 

According to the Czechoslovak Bill, the transport agent, 
when requested by the Ministry of Social Welfare, must admit 
the person appointed by the Ministry to supervise emigrants 
and the execution of the provisions of the law, onboard ships 
transporting Czechoslovak emigrants . This measure may only 
be enforced twice a year. The person in question must receive 
gratis the treatment of a second-class passenger, both going 
and returning. If the ship does not return to the port of 
departure, the person in question must be sent back to that 
port at the agent's expense. 

Under the Greek Act (Art. 10) the doctor-commissioner 
of emigration who must, as an emigration commissioner, 
go on board every ship carrying more than 25 emigrants, 
travels first-class, and he is fed at the expense of the agent. 
He receives an allowance of 10 drachmas per day, paid by 
the competent agent of the emigration service before the 
departure of the ship. W^henever he finds it necessary to stay 
on land, he receives an additional allowance of 20 drachmas 
per day. It is his duty during the journey to protect the emi- 
grants, and to supervise the application of the law and regu- 
lations while at the same time giving assistance wherever 
necessary. 

In Italy, every ship carrying emigrants overseas must 
have on board a commissioner, whose duty it. is, in accordance 
with the regulations, to supervise the sanitary conditions 
and the carrying out of the regulations relating to emigration. 
These commissioners fulfil the same duties on the return journey, 
when the ship is sailing to a European port and carrying Italian 
third-class passengers. If the work of the commissioner is 
concluded outside the limits of Italy owing to circumstances 
under the control of the shipowner, the latter must arrange 
for the return of the commissioner to Italy. These commission- 
ers are paid out of the emigration fund, to which shipowners 
have to contribute. They travel in the best class existing on 
the ship. ^ 

• Poland. Shipowners must take on board their ships, at 
the demand of the Emigration Office, and transport at their 
own expense, a commissioner to accompany emigrants or 
persons repatriated. There must be at least one interpreter 
on bofrd for Polish emigrants. 

In the Kingdom of the Serbs, Croats and Slovenes on 

^ The Dutch Report of 1918 proposes that officials, particularly women, 
should travel with the emigrants for the protection of the latter. 

— 102 — 



every steamer Avhich transports overseas more than fifty emi- 
grants, the captain must place a first-class cabin with sufficient 
food for the journey both going and returning, free of charge, 
at the disposal of an official of the Ministry for Social Affairs, 
who during the whole voyage has a right to supervise the 
accommodation and the food of the emigrants and to inspect 
all the ships papers. 

Spain. Emigration inspectors, when travelling on a ship 
carrving more than 49 emigrants, are entitled to a free passage 
in the first class and to a place at the captain's table, both on the 
outward and return journeys. Tf the ship does not come back 
to Spain, the shipowner has to provide the inspector with the 
means of repatriation. Shipowners must also admit on board, 
and feed at their own expense, doctors and male and female 
nurses, as prescribed in the regulations. These officials are 
paid by the shipowner. The pay on foreign ships must be the 
same as that of members of the crew doing similar service. 

4. Medical inspection before departure. 

In several countries emigrants have to undergo a medical 
examination before they are allowed to embark. 

By the Austrian Bill, passengers must be examined by a 
doctor before their departure, and have their baggage disin- 
fected. 

Under the Belgian law, the doctor of the emigration service 
exandnes all steerage passengers in the presence of the ship's 
doctor. 

The Czechoslovak Bill stipulates that emigrants must 
undergo a medical examination before embarkation, and that 
their luggage must be disinfected. 

By the German law the health of the emigrants must be 
examined, before the departure of the ship, by a doctor appoint- 
ed by the emigration authorities. 

In Great Britain, an emigrant ship must not clear outwards 
or proceed to sea until a medical practitioner appointed by the 
emigration officer has inspected all the steerage passengers 
and crew, and has certified to the emigration officer, and that 
officer is satisfied, that none of the steerage passengers or 
crew appear to be likely to endanger the health or safety of 
the other persons about to proceed in the ship. ^ 

5. Arbitration, legal and administrative decisions. 

The Austrian Bill of 1913 proposes that the law should 

1 The Dutch Report of 1918 proposes that a medical inspection should 
be obligatorv at the expense of the shipowner. In addition, a medical 
inspection of all persons in transit, unless they have a very recent certi- 
ficate delivered in the country from which they come, shouhl be made 
compulsory at the frontier. 

— 103 — 



be carried out in the first place by the local authorities (politi- 
sche Bezirksbehorden) at the land frontiers, and by the port 
authorities otherwise, and in the second place by the authori- 
ties of the country (Landes- und Seehehorden). The ultimate 
authority is to be the Ministry of the Interior. It is proposed 
to create an Emigration Council. In addition shipowners may 
be obliged to put a clause in their transport contracts to 
the effect that in all disputes concerning these contracts the 
arbitration of the consular euthoiities should be accepted, if 
the emigrant binds himself in a similar manner with regard 
to carrying out the terms of the contract. 

In Belgium, the emigration inspection committee has to 
arrange difficulties and to settle amicably any disputes to which 
the engagement or transport of emigrants may give rise. 

According to the Czechoslovak Bill, the Court of First 
Instance would be the competent authorities for crimes and offen- 
ces in connection with emigration legislation. Contraventions 
come within the jurisdiction of district courts. The offences 
enumerated in paragraph 42 of the Bill would come within 
the jurisdiction of the pohtical authorities. A copy of the sen- 
tence must be communicated to the Ministry of Social Welfare, 
which is required to take the protective measures necessitated 
by the circumstances. 

The Greek Act stipulates that the head of an emigra- 
tion office, or his representative, may act as an examin- 
ing magistrate. All claims of emigrants against the agent 
with whom he has a contract, or against the captain of 
the ship which has transported him, are within the jurisdic- 
tion of the President of the Court of First Instance in the 
district in which the agency is situated, and are dealt with 
summarily. The claim must be made before the Greek Consul 
not later than one month after disembarkation. 

In Italy, inspectors of emigration at ports of embarkation 
are qualified to deal with disputes between emigrants and 
carriers or their representatives which arise out of the trans- 
port contract or enrolments, or with demands made for 
the expenses incurred in the interests of emigrants, in cases 
where the responsibility for the action necessitating such 
expenses rests with a carrier, representative, undertaking, 
business agency, or other private person or body. All proceed- 
ings of this nature must be taken within a year from the 
day on which the outward journey is, or ought to be, begun, 
and, in the case of an inward voyage, from the day on 
which the emigrants land in Italy. The examination of cases 
is conducted officially. Cases involving amounts not exceeding 
.50 lire may be dealt with summarily, without formalities and 
the observance of time-limits. 

— 104 — 



r 



According to the Norwegian law, the emigrant may make 
a formal complaint of violation of contract before the nearest 
Norwegian Consul, who must examine it and make a report 
on the subject to the Government. The competent department 
has the right to decide the dispute against the agent up to an 
amount covered by his deposit. 

The Spanish regulations stipulate that local emigration 
committees at the ports of embarkation have the power to sit 
as a court of arbitration to deal with demands against transport 
agents, in all cases which come within the jurisdiction of these 
committees. In urgent cases, a summary procedure may be 
followed. The committees are also competent to hear appeals 
brought against the fines imposed by, and the decisions of, 
emigration inspectors. 

The representatives of carriers or agents in oversea ports 
must obey all demands and observations of Spanish Consuls 
or of emigration inspectors, and must give to such officials, 
on demand, an acknowledgment of all communications sent 
to them. 



6. Statistics and accounts. 

According to the Czechoslovak Bill, the transport agent 
and his representatives are required to keep books showing 
exactly how the undertaking is working. Correspondence 
and books must be preserved for five years from the date of 
being closed. 

The German law requires every transport agent to keep 
a list of emigrants transported by him in accordance with an 
official form ; on the other hand, the names of all emigrants 
of German nationality, or coming from Germany, must be 
communicated to the German Consul. 

Under the British Bill of 1918, passage-brokers and their 
agents have to furnish to the proposed Central Emigration 
Committee, when required, a correct statement in writing of 
the amounts received by way of commission, bonus, or other 
remuneration from any source, on account of steerage passages 
to oversea countries. 

The Hungarian law requires transport agents and their 
representatiA^es to draw up their accounts and to fill up their 
forms in accordance with the instructions of the Minister of 
the Interior, The regulations prescribe in particular that 
agents must keep a register of all emigrants and a duplicate 
of all contracts signed by them. An alphabetical list of all 
emigrants and persons repatriated, and a list for each ship, 
must also be kept. 

— 105 — 



In Italy, carriers are obliged to keep a register of tlie 
surnames and Christian names of all emigrants transported. ^ 

The Japanese regulations require agents to submit to the 
Minister of Foreign Affairs at fixed dates a register of the names 
of the emigrants sent, the emigrants repatriated, and of those 
who have died. ^ 

In Spain, shipowners authorised to transport emigrants 
must keep a general register containing the names of all emi- 
grants transported. 

Shipowners must for five years hold at the disposal of the 
local Committees and Emigration Inspectors the register of 
emigrants transported by them, and the counterfoils of the 
tickets which they have delivered. Each of these counterfoils 
must be stamped by the authorities. 

In Switzerland, agents must submit for the inspection of 
the Department for Foreign Affairs the control registers, books 
and other written documents of their offices. Sub-agents are 
under a similar obligation. The cantonal authorities also have 
t>he right to examine these documents. 



E. OTHER DUTIES OF EMIGRATION AGENTS 
TO EMIGRANTS. 

1. The carrying of money. 

One of the greatest inconveniences suffered by emigrants 
and returning emigrants at present is that caused by the in- 
stability of the exchanges and the regulations which forbid 
the carrying of gold and silver coin, and even of paper money 
in excess of a certain value. A large number of repatriated 
persons return to Europe with American dollars, the value of 
which, in consequence of several unfortunate exchange opera- 
tions, which are compulsory at the frontier, show a tendency 
to approximate to the rate of the most depreciated national 
currencies. 

Even before the war emigrants suffered from such abuses 
and measures of protection had to be adopted ; such measures 
are more than ever necessary nowadavs. 



1 The Dutch Report of 1918 proposes that shipping and recruiting 
agents should be obhged to keep their accounts in accordance with an 
official form, and to furnish full particulars necessary for the framing of 
good statistics. 

— 106 — 



With this in view, certain laws make agents responsible 
for the punctual payment to emigrants at their destination 
of the sums deposited with them. ^ 

In Portugal, the agent is responsible for the payment, 
without deduction, at the port of disembarkation, of any 
money which has been deposited with him by the emigrant, 
even if the emigrant is not accepted by the undertaking for 
which, or the person for whom, the agent has engaged him. 

The Swiss law specifies that agencies which receive money 
on deposit must arrange for the emigrant to obtain, at his 
destination, the amount in cash without deduction, at such 
a rate that it corresponds to the sum paid to the agent in Switz- 
erland ; in normal times, the rate of exchange of the princij^al 
powers of Europe should, in every case, serve as a basis for 
payment. 

2. Transport of luggage. 

The Austrian Bill of 1913 requires the transport agent to 
carry all the luggage of the emigrant by the same ship as the latter. 

In the event of an emigrant's luggage being lost, agents 
are, under the law in force in certain countries, obliged to 
compensate the emigrant, if no insurance has been effected 
with regard to it. 

The Spanish Regulations state that such compensation is 
not to exceed 100 pesetas. 



3. Rejuges for emigrants. 

The Polish Regulations of 26 July 1 920 require transport 
agents to contribute to the expenses incurred in the erection of 
refuges for emigrants, put up by the Emigration Office, or to 
erect such refuges at their own expense at places indicated, 
and under conditions laid down, by the Office, which retains 
control of the organisation of these refuges. 

4. Obligation to pay a fixed salary to agents and sub-agents. 

By the terms of the Austrian Bill of 1913, shipowners 
are obhged to pay a fixed salary to their employees, without 
consideration of the number of emigrants transported. 

According to the Czechoslovak Bill, the transport agent 
must have a fixed salary, all payment varying with the number 

1 The Dutch Report of 1918 proposes that transport agents should 
be obHged to repay to emigrants, at the port of disembarkation, tlie money 
deposited with them without any discount. This payment should be made 
in legal tender at the current rate of exchange. 

— 107 — 



of transport contracts issued or the welfare of the undertaking 
being prohibited. Similarly, all measures intended for the eva- 
sion of the law, such as bonuses, supplementary pay, or refunding 
of fictitious expenses would be prohibited. 

By the Hungarian law, the director and all employees of 
the transport services must be paid a suitable salary determined 
in advance. All commissions in proportion to the number of 
contracts signed, all share in profits, and any other remunera- 
tion of a similar nature, are forbidden.^ 



III. Restrictions on the Activity of Agents. 



1. Prohibition of propaganda in favour of emigration. 

Prohibition of all propaganda, whether direct or indirect, 
in favour of emigration, is very common. Generally speaking, 
emigration agents are authorised only to announce simply and 
clearly the date of departure of ships, the ports of embarkation, 
the routes to be followed, the fares, the documents which 
must be shown before tickets can be obtained, and other neces- 
sary information, which must not be in any way in the nature 
of propaganda. 

The Austrian Bill of 1913 stipulates that neither the owner 
of an undertaking (Unternehmer) nor his agents (Agenten) may 
encourage emigration, either personally or through the medium 
of a third person. Agents are forbidden to give information 
on emigration to individuals who do not ask for it, and to 
distribute handbills on the subject of the transport of emi- 
grants. 

According to the Czechoslovak Bill, emigration agents 
are only allowed to state in their advertisements their office 
address, the name of the ship, the route and the conditions 
of transport. They are not allowed to distribute prospectuses 
to persons who do not ask for them, nor to enter into relations 
on the subject of emigration with third parties who, for the 
purpose of propaganda, undertake paid work for the agents. 

In Great Britain, if any person by any false representa- 
tion, fraud, or false pretence, induces any person to emigrate 
or to engage a steerage passage in any ship, he is liable to a 

^ The Dutch Report of 1918 proposes that transport agents should 
be obliged to pay their recruiters, representatives, and sub-agents fixed 
salaries, without any commission given in proportion to the number of 
persons embarked. 

— 108 — 



fine not exceeding fifty pounds, or to imprisonment with or 
without hard labour for a period not exceeding three months. 
According to the Bill of 1918, passage-brokers may not 
bring to the notice of intending emigrants any publication 
or other written information relating to emigration except in 
accordance with regulations made for this purpose by the Cen- 
tral Emigration Committee. This provision does not, of course, 
apply to official publications issued by the different government 
departments or Dominion Governments or Governments of 
other territory under His Majesty's protection. Persons guilty 
of contravention are liable to a fine not exceeding £50, and in 
the case of a second offence, to a fine which may amount to £5 
for each day during which the offence continues. 

In Greece all emigration agents, their representatives, and 
their employees are forbidden to carry on propaganda in favour 
of emigration b}^ means of publications, circulars, or the giving 
of information ; they are also forbidden to publish or to put 
into circulation, by any means wdiatever, information of this 
kind. Circulars and bills issued by emigration agents must 
mention nothing but the name and tonnage of the ship, the 
date of departure, the names of the different ports and length 
of time to be spent there, the duration of the journey, and the 
restrictions on immigration in force in the oversea countries. 

In Hungary, the agent, his representatives, and employees, 
are forbidden to pubhsh, or to send to anyone, notices, appeals, 
or handbills on emigration. Publications must be confined to 
information as to route, food, and transport. This information 
must not be sent, or given verbally, direct to the emigrant 
except at the express request of the latter. 

Under the Italian law, undertakings must keep a collec- 
tion of all printed matter, circulars, communications, and 
publications issued by them or their agents. 

In Japan the agent is required to obtain the previous 
approval of the governor of the province where recruiting is to 
be undertaken for all advertisements in newspapers and for 
the distribution of propagandist prospectuses 

In the Netherlands, persons not provided with a special 
permit are forbidden to announce through the medium of 
newspapers, notices, bills, or in any similar way, that they 
deal with emigration. ^ 

1 The Dutch Report of 1918 proposes that transport agents and sub- 
agents should be forbidden to carry on any propaganda in favour of emigra- 
tion. Information mav be given only on the subject of tlie fares, dates 
of arrival and departure of ships, transhipment m case of an mtemipted 
voyacre, board and lodging, the ports of embarkation, of transhipment, 
and of disembarkation, excluding all reference to the employment conditions 
in the countries of immigration. 

— 109 — 



In Norway, agents are forbidden to encourage emigration 
by means of information on the situation in foreign countries, 
or in any other way. They are also forbidden to offer their 
services in an officious manner. 

The Polish regulations of 1920 forbid shipping companies 
and their representatives and agents to engage in any propa- 
ganda in favour of emigration. 

(Under the Russian penal code, which is still in force in 
the former Kingdom of Poland, illicit propaganda in favour 
of emigration is punishable by imprisonment (Art. 265 of the 
Penal Code). 

In Portugal, propaganda in favour of emigration or of 
recruiting of emigrants is forbidden. 

In the KixciDOM of the Serbs, Croats and Slovenes, 
the recruiting of emigrants, especially by means of false inform- 
ation or promises is severely forbidden. The representatives 
of shipping companies may not give any information except 
such as concerns the transport itself. 

In Spain, recruiting and propaganda in favour of emigration 
are forbidden. The bills and circulars of shipowners and ship- 
ping agents concerning the transport of emigrants must not 
mention anything besides the dates of arrival and departure 
of the ships at ports of embarkation and destination, and 
intermediate ports, and the transport conditions. Emigration 
agencies, properly speaking, are altogether forbidden on Span- 
ish soil. 

Shipowners have to send to the local emigration inspector 
two copies of every prospectus, bill, or other printed matter 
which they pubHsh concerning their operations. The inspector 
returns one of them to the shipowner, signed and stamped. 
The latter has to place this copy at the disposal of the 
inspectors at any time. All copies circulated must be in 
accordance with the approved copy. 

The Swiss federal law forbids emigration or colonisation 
agencies to conclude contracts by which they undertake to 
send a definite number of persons either to a transport under- 
taking, or a colonisation or any other kind of enterprise, or 
to a foreign Government. The Federal Council has the right 
to prohibit announcements in public journals, or any other 
publications, which might lead astray persons desirous of 
emigrating. Agents and sub-agents are forbidden to induce 
persons to emigrate or to try to do business connected with 
emigration by going up and down the country, and to employ 
for their business relations with emigrants persons whose 
appointments have not been confirmed by the Federal Council, 
or sub-agents, or another agency, or emissaries. 

— 110 — 



2. Prohibition of demands thai emigrants should make certain 

payments, or stay in a particular place, or perform certain 
ivork. 

In certain countries regulations are in force to the effect 
that payment for the journey must be made in cash ; the agent 
must not conclude with the emigrant a contract which stipu- 
lates that either the whole or part of the payment for the 
journey shall be made in kind. This is the case in Germany, 
Hungary, Norway, Spain, and Switzerland, 

The Austrian Bill of 1913 stipulates that a transport agent 
shall be forbidden to conclude a contract with an emigrant 
by which the latter undertakes to pay the passage money after 
arrival at his destination or to do work in payment of the 
passage, or to restrict in any way whatsoever his liberty or 
his right to work where he wishes in the country of immi- 
gration. 

The Czechoslovak Bill prohibits agents from concluding 
agreements with emigrants, requiring the latter to work, either 
during the journey or after arriving at their destination, in 
part or full payment for their passage and for insurance. 

The German Act forbids the exaction from the emigrant 
of payment of his fare or money advanced in the form of labour 
after embarkation. He must not be limited in his choice of 
residence or of occupation at his destination. 

The Hungarian Act forbids the conclusion of contracts 
which stipulate that payment of the fare or of insurance shall 
be made by means of labour in the course of the voyage or 
after arrival at his destination. ^ 

By the Spanish Act, any contract is null and void which 
stipulates for payment of the fare by means of personal labour, 
or which binds the emigrant after disembarkation. 

3. Prohibition of a demand for supplementary payments. 

In no case mvist the agent demand from the emigrant any 
sums, taxes, or expenditure in addition to those mentioned 

1 The Dutch Report of 1918 proposes that transport agents should be 
forbidden to ask emigrants : 

(a) for payment by means of personal service on board ship or on the 

quay ; 

(b) for payment after disembarkation in any form whatever ; 

(c) for an undertaking to work for certain companies or employers ; 

(d) to staj' in particular districts ; 

(e) to do certain work. 

These regulations have been framed particularly with the object of 
preventing illegal practices in connection with female emigrants. 

— Ill — 



in the contract. This is expressly referred to in the laws of 
Germany, Hungary, Italy, the Netherlands, and Switzer- 
land. 

The Czechoslovak Bill prohibits higher charges than 
those provided for in the schedule. All agreements contravening 
this provision are null and void, and the person who had taken 
the ticket can claim three times the excess charge as com- 
pensation. 

The Italian law stipulates that the emigrant is entitled 
to the repayment of double the amount obtained from him 
in violation of this regulation. He can, in addition, claim 
damages. 

The Swiss law stipulates that no supplement may be de- 
manded from the emigrant for transport to the port of disem- 
barkation. 



4. Prohibition of the sale of additional tickets. 

According to the Czechoslovak Bill, the sale of railway 
tickets to emigrants before their arrival at the port of destination, 
for journeys beyond that port, are prohibited ; but this provi- 
sion is only valid in the case of passage contracts requiring the 
agents to secure the transport of the passenger to his final 
destination. 

The Dutch law prohibits the sale, or offer, of tickets for 
the continuation of the journey beyond the port of disembark- 
ation, before arrival there. Agents authorised to transport 
emigrants may nevertheless arrange for transport beyond 
the port of disembarkation in accordance with a previously 
signed contract.^ 



5. Prohibition of advances and exchange operations. 

The Austrian Bill of 1913 prohibits owners of transport 
undertakings and their agents from concluding contracts of 
sale or exchange, or to engage in credit operations of any kind 
whatsoever, either directly or through the medium of a third 
person. 

1 The Dutch Report of 1918 proposes that the transport agent should be 
obhged, if there is an agreement on the subject of transporting emigrants 
by land, to indicate precisely in the contract the means and the route by 
which the journey is to be continued, what kind of train the emigrant is 
to travel by, the length of the journey, and to mention the emigrant's right, 
if any, to travel by other routes, etc. 

— 112 — 



The Czechoslovak Bill prohibits agents from engaging 
in the business of purchase, exchange or credit with emigrants, 
whether directly or indirectly. 

The Hungarian law forbids the agent to make any advances 
to the emigrant. ^ 

The Japanese law declares that all persons who propose 
to advance money to an emigrant in order that he may pay 
his passage, must previously obtain the approval of the autho- 
rities to the terms of the proposed arrangement. 

In the Kingdom of the Serbs, Croats and Slovenes, 
the exchanging of money by emigration agents is severely 
forbidden. 

The Spanish law states that an emigrant's luggage must 
not be held back as security for any advances that may be 
made by agents or their representatives to him, or for money 
owed by him. 



6. Prohibition of the employment of unauthorised agents. 

The Austrian Bill of 1913 prohibits owners of transport 
undertakings, their representatives, and holders of hcenses 
(agencies) from employing, without authority, any agent or 
broker, or any clerks outside their offices. 

The Czechoslovak Bill prohibits the transport agent and 
his representatives from making use of third persons to effect 
the transport, or from engaging employees to work outside the 
office. The Ministry of Social Welfare may, however, authorise 
the employment of outside persons for advising and sending 
off the eniigrants. The transport agent must deposit at the 
Ministry of Social Welfare a list of employees engaged in sending 
off emigrants, showing exactly the work done by each of them. 
Any change made in this fist must be notified within eight days. 

By the Hungarian law, an agent must neither employ 
intermediaries for his business affairs nor open branches of 
his business. An agent authorised to transport emigrants 
must not conclude contracts in this matter with other agents 
who are not authorised. 

In Italy, carriers who employ as their agents persons not 
legally recognised as representatives are fined. 

In the Kingdom of the Serbs, Croats and Slovenes, 
the recruiting of emigrants by unauthorised sub-agents is 
forbidden. 

1 The Dutch Report of 1918 proposes that advances to emigrants should 
be prohibited, but it admits the possibihty of exceptions authorised by the 
Government, particularly in the case of tools, etc., obtamed on credit. 

— 113 — 



The Swiss regulations forbid agents to employ, in their 
"business relations with emigrants, persons whose appointments 
have not been confirmed by the Federal Council. Agents are 
not allowed to employ sub-agents of another agency, nor to 
employ emissaries. Sub-agents must not, without the authori- 
sation of the Department for Foreign Affairs, carry on business 
relating to emigration in any district other than that indicated 
in the application. 



7. Prohibition of transhipment. 

By the Belgian law, transport should be direct, unless 
there are regulations to tlie contrary. 

The Italian law forbids transhipment at foreign ports 
other than those of oversea countries. 

The Spanish regulations prohibit the transhipment of 
emigrants at foreign ports, except in cases of force majeure. 



S. Prohibition on embarking emigrants in foreign ports. 

In Italy, agents are forbidden to direct emigrants to a 
non-Italian port for embarkation. The Emigration Office 
has the power, however, to suspend these regulations if the 
interests of the emigrants demand such a course. 

The Spanish regulations prohibit captains of ships from 
embarking Spanish emigrants in foreign ports without the 
authorisation of the Superior Emigration Council. 

In accordance with the Swedish regulations (Order of 4 
June 1884), passengers cannot be embarked for abroad in 
foreign ports unless previous notice has been given to the 
competent authorities in the Swedish port of departure. A 
special agent designated by these authorities nmst travel on 
board the ship and make sure that passengers of whom previous 
notice has not been received shall not be embarked in foreign 
ports. 

9. Prohibition of the transport of persons ivhose emigration 
is prohibited. 

In Australia, the master, owner, or agent of any vessel 
who has reason to suspect that any passenger is a prohibited 
emigrant must, before the departure of the vessel, give notice 
to the customs authorities. Customs officers, and other officers 
appointed under the Emigration Act, have the right to search 
any vessel in the territorial waters of the Commonwealth to 
ascertain whether there are any prohibited emigrants on board. 

— 114 — 



The Czechoslovak Bill prohibits agents from transporting 
persons who do not present a passport for the country to 
which they are going and of persons belonging to any of the 
categories for whom emigration is illegal. 

According to the Norwegian Bill, the transport of persons 
is prohibited if they are bound by a labour contract requiring 
them to pay their passage in full or in part by work done in 
the country of destination. 



IV. Penalties for Infringement of the Law. 



In nearly all countries of emigration the law specifies penal- 
ties, more or less severe, in the way of fines or imprisonment, 
for transport and emigration agents who violate the laws and 
regulations. In several cases the withdrawal of the license or 
certificate is specified. Penalties are also imposed on emi- 
grants who try to evade the law or regulations. 

The Austrian Bill of 1913 goes so far as to make it possible 
to deport emigrants who violate the law. 

This whole question is associated with the penal code in 
force in each country, and a detailed examination of the penal- 
ties allowed and imposed would be outside the scope of this 
study. 



— 115 — 



CHAPTER VII. 



TRANSPORT. 



A. Transport by Sea. 

The question of the transport of emigrants has occupied 
the attention of the authorities in countries of emigration and 
immigration for a long time past. Assistance of emigrants in 
relation to health during the trying journey across the ocean 
has in view, apart from its humanitarian side, the practical 
object of preventing the workman from arriving at his des- 
tination too weak to obtain suitable employment. 

As the sea voyage may be considered in some way as the 
connecting link between emigration and immigration, it repre- 
sents common ground which may be covered by two legislations 
at once. This sometimes gives rise to difficult situations when 
there is disagreement between the legislations of countries of 
emigration and immigration, both of which claim jurisdiction 
over the trans-oceanic voyage. 

At this point it is intended to give an indication of the 
pro\dsions contained in the laws of countries of emigration 
alone, the transport legislation of countries of immigration 
being postponed for consideration in Part II of this work. 

The Belgian regulations specify the following ships as 
coming within the scope of the emigration service : — 

(1) All ships sailing to trans- Atlantic ports and capable of 
transporting steerage passengers ; 

(2) All ships sailing to European ports and used for steerage 
passengers on their way to embark in foreign ports. 

In Orders issued in the Dutch colony of Curasao, the con- 
ditions of safety and hygiene in which sailing vessels and steam- 
ships transporting more than ten emigrants are allowed to 
leave the colony are specified in detail. 

— 116 — 



The Danish law is applied to all sailing ships and steam- 
ships, whether Danish or foreign, capable of carrying more 
than 25 passengers between Danish and oversea ports. 

The German law includes in the term 'emigrant ships" 
all vessels sailing to oversea ports, and capable of transport- 
ing — apart from cabin passengers — at least 25 persons. 

In Great Britain, the Merchant Shipping Act states that 
"the expression 'emigrant ship' shall mean every sea-going 
ship, whether British or foreign, and whether or not conveying 
mails, carrying, upon any voyage to which the provisions of 
this part of this Act respecting emigrant ships apply, more 
than fifty steerage passengers, or a greater number of steerage 
passengers than in the proportion, (a) if the ship is a sailing- 
ship, of one statute adult to thirty-three tons of the ship's 
registered tonnage, and (b) if the ship is a steamship, of one 
statute adult to every twenty tons of the ship's registered 
tonnage, and includes a ship which, having proceeded from a 
port outside the British Islands, takes on board at any port 
in the British Islands such number of steerage passengers, 
whether British subjects or aliens resident in the British 
Islands, as would, either with or without the steerage passengers 
which she already has on board, constitute her an emigrant 
ship." 

The Greek law stipulates that every ship intended for the 
transport of emigrants must, before its first voyage, be in- 
spected, especially from the point of view of space and instal- 
lation, its cleanliness, and in general its suitability for the 
purposes to which it is put. The ship must also be inspected 
on every succeeding voyage. 

In Italy, ^ the hygienic and sanitary services of emigration 
are carried out in the Government offices and with all the 
means at the disposal of the port sanitary authorities and by 
the officials and the inspectors at the port of embarkation. These 
services are carried out both on land and on board the steamer 
provided for the transport of the emigrants. 

Prior to their embarkation, the emigrants are kept for several 
days in special lodging houses under the supervision of the 
sanitary authorities and vaccinated on the Jenner system. The 
luggage is disinfected in special rooms. The port of Naples, 
which is the principal port of emigration in the kingdom, 
possesses a refuge for emigrants in which they are subjected 
to medical inspection and vaccination, and, if necessary, to 
isolation, bacteriological examination, and any other prophy- 
lactic measures demanded by the circumstances. Steps have 
been taken, under the supervision of the General Emigration 
Office, for the institution of similar refuges in other ports. 

1 Reply of the Italian Government to the Questionnaire. 

— 117 — 



At the moment of embarkation, a visiting committee,, 
composed of the Emigration Inspector, the doctor of the port,, 
and a doctor of the Royal Navy, who is Royal Commissioner 
on board the steamer in question, proceeds to a scrupulous in- 
spection of the crew and emigrants, rejecting on embarkation 
all persons affected with or suspected of infectious or contagious 
diseases, or other complaints which might prove of serious 
inconvenience to their fellow-passengers, and of persons suffering 
from such affections or personal imperfections as would cause 
them to be rejected on disembarkation, in accordance with 
the legislation of the country of immigration. 

The committee, moreover, devotes special attention ta 
the condition of health of all persons arriving from districts 
infected by epidemic diseases. 

Once embarked, the emigrants remain under the sanitary 
supervision of the Royal Naval Medical Officer accompanying 
them to the port of disembarkation. During the voyage this 
officer supervises the hygienic condition of the steamer, and 
of the goods embarked, the health of the passengers and crew, 
and devotes special attention to the possible development of 
infectious disease. In such a case he promptly and rigorously 
confines the invalids to special hospital wards, and adopts 
all the hygienic and prophylactic measures necessary to 
arrest the progress of the disease. 

On arrival at destination, the Royal Commissioner informs 
the local port authorities of any cases of infectious disease 
which have occurred during the journey, and states what hygienic 
and prophylactic measures have been adopted ; moreover, he 
sees to it that the ship is properly disinfected before starting^ 
on her return journey. 

On returning to the Italian ports, and after disembarking 
the repatriated passengers, the Royal Commissioner remains on 
board in order to ascertain that in those cases where it was 
found unnecessary to destroy them, the blankets and mattresses 
of the berths, refuges and hospital wards are properly washed 
within three days of arrival ; he leaves a certificate with the 
ship's captain to this effect. 

The Italian law states, in addition, that on any occasion 
when more than fifty Italian passengers travelling in the third 
class, or returning emigrants, embark on an Italian or foreign 
vessel not registered on a carrier's certificate, which is sailing 
from an oversea port, the captain must procure a special 
license which the Italian consular authority is empowered to 
grant. 

In Japan, the transport of emigrants must be authorised 
by the Ministry of Foreign Affairs. The Japanese law defines 
all ships transporting at least 50 emigrants as "emigrant ships.'* 

In the Netherlands, the law relating to the transport of 
emigrants is not applicable to : — 

— 118 — 



(1) Ships sailing to non-European ports and carrying less 
than 20 emigrants, exchisive of cabin passengers ; 

(2) Ships saihng to European ports and carrying less than 
10 emigrants, exclusive of cabin passengers ; 

(3) All ships which are not sea-going vessels. 

In Norway, the Act of 9 June 1903, concerning the navi- 
gability of ships, has a special chapter on the control of 
passenger vessels ; such ships must be inspected before each 
voyage, and the regulations state in detail the things which 
must be examined on those occasions. 

In the Kingdom of the Serbs, Croats and Slovenes, 
tickets for the journey may not be delivered except for ships which 
satisfy the regulations of the maritime authorities, issued in 
virtue of the Order of 15 December 1919. Every steamer upon 
which it is proposed to transport emigrants is for this purpose 
submitted for inspection. Detailed regulations issued by the 
Ministry of Public Health specify the duties of the ship's doctor, 
equipment of the dispensary, the manner in which the crew 
will be examined before departure, and the conditions of the 
disinfection of luggage and of the transport of sick persons. 

Whether they define the term "emigrant ship" or not, all 
countries regulate the transport of emigrants overseas. 
Generally, the regulations refer to 

(a) The construction of the vessel and its accessories, boilers, 
engines, etc. 

(b) The dimensions and situation of the cabins both for 
men and for women, the quarters being often separate ; the 
number, type, and dimensions of the berths ; dimensions of 
the space allotted to emigrants, lighting and heating arrange- 
ments, height and diameter of the air-shafts ; system of arti- 
ficial ventilation, laundry arrangements, bathrooms, water- 
closets, hospitals, etc. 

(c) The arrangements for feeding the emigrants ; kitchens, 
drinking water, distilling apparatus, the quality of the food, 
refrigerating machines ; 

(d) The medical service, surgical appliances, diets for the 
sick and for children, arrangements for disinfection, isolation 
of persons suffering from infectious diseases ; 

(e) Life-saving appliances, means for extinguishing fire, 
signalling apparatus, life boats, apparatus for wireless tele- 
graphy and telephony. 

The regulations also deal with all matters concerning the 
medical inspection of the passengers and crew, the constant 
inspection and supervision of the ship and its cargo, the care 
of the emigrants, the supply of food to the ship during the 
voyage, and the length of the journey. 

Most of the emigration laws leave the question of the de- 
tailed conditions of health and safety with which shijis engaged 

— 119 — 



in the transport of emigrants must comply to special regu- 
lations. In certain cases definitions are given of the ships to 
which the law applies. 

By way of example, we append an extract from the British 
regulations concerning the supervision of ships engaged in the 
transport of emigrants. 

An emigrant ship, in respect of which a passenger steamer's certifi- 
cate is not in force, shall not clear outwards or proceed to sea on any voyage, 
unless she has been surveyed under the direction of the emigration officer 
at the port of clearance, but at the expense of the owner or charterer thereof, 
by two or more competent surveyors to be appointed at any port in the 
British Islands where there is an emigration officer by the Board of Trade, 
and at other ports by the Commissioners of Customs, and has been reported 
bv such surveyors to be in their opinion seaworthy and fit for her intended 
voyage.... If "any such surveyors report that the ship is not seaworthy, 
or not fit for her intended voyage, the owner or charterer may, if he thinks 
fit, by writing under his hand require the emigration officer to appoint three 
other competent surveyors (of whom two at least must be shipwrights) to 
survey the ship at the expense of the owner or charterer ; and the said 
officer shall thereupon appoint such surveyors, .and they shall survey the 
ship, and if by unanimous report under their hands, but not otherwise, 
they declare the ship to be seaworthy and fit for her intended voyage, the 
ship shall for the jjurposes of this part of the Act be deemed seaworthy 
and fit for that voyage.... 

A ship shall not carry passengers, whether cabin or steerage passengers, 
in more than one deck below the water-line.... 

No greater number of steerage passengers may be carried in the lowest 
passenger deck than in the proportion of one statute adult to every eighteen 
clear superficial feet allotted to their use, or on other passenger decks than 
in the proportion of one statute adult to every fifteen clear superficial feet 
of deck allotted to their use.... An emigrant ship ... shall not carry a greater 
number of steerage passengers on the whole than in the proportion of one 
statute adult to every five superficial feet of air or promenade space pro- 
vided on a deck so open as not to be included in the tonnage and approved 
by the emigration officer, and this space shall not be counted or included 
in the area available for any other passengers.... 

Each berth shall be conspicuously numbered. There shall not be more 
than two tiers of berths on any one deck. The interval between the deck 
and the lower side of the berth immediately above it shall not be less than 
twelve inches. The interval between each tier of berths and between the 
uppermost tier and the deck above it shall not be less than two feet six 
inches. The berths shall be securely constructed and of dimensions not 
less than six feet in length and twenty-two inches in breadth for each statute 
adult.... Not more than one steerage passenger, exccjjt in the case of children 
under the age of twelve years, shall be placed in or occupy the same berth.... 
Berths occupied by steerage passengers during the voyage shall not be 
taken down until twenty-four hours after the arrival of the ship at the 
port of final discharge, unless all the steerage passengers have voluntarily 
quitted the ship before the expiration of that time.... 

Spaces shall be set apart in every emigrant ship for use exclusively 
as hospital accommodation for the steerage passengers, and these spaces 
together shall contain not less than twenty-four superficial feet for every 
50 steerage passengers carried. In no case shall a single hospital contain 
less than 48 superficial feet, or the total hospital space less than 96 super- 
ficial feet. Separate and sufficient hospital accommodation shall be provided 
for each sex where inale and female passengers are carried. The spaces 
set apart for hospital accommodation shall be in or above the uppermost 
passenger deck, and shall be properly divided off from other living quarters.... 
The hospital spaces shall be fitted with bed j)laces and supplied with proper 

— 120 — 



beds, bedding, and utensils, and shall be effieienth' heated and ventilated.... 
There shall also be provided... at least one water-closet to each hospital 
or set of hospitals, and it shall be situated immediately adjacent t<» the 
hospitals.... In the case of an infectious hospital, a full-sized l)ath with an 
ample supply of hot and cold water shall be provided.... In addition... a 
dispensary shall be provided (htted with all necessaries), and a full-len<rth 
couch for the examination of patients.... 

Everv emigrant ship shall be provided ... with at least five wash- 
basins for every 100 steerage passengers. In addition, there shall be at 
least one washing trough for every 100 females and one for every 
200 males.... Every emigrant ship shall be provided with at least one 
full-sized bath for every 100 females, and at least one full-sized bath 
for every 100 males ; half of the baths may be shower baths fitted 
in enclosed cubicles. Every emigrant ship shall be j)rovided ... with at 
least four water-closets for every 100 passengers up to three lumdred pas- 
sengers, and two water-closets for each additional hundred passengers 
beyond that number.... Urinals shall be provided at the rate of at least 
two urinals for each 100 male passengers up to 300, and at least one urinal 
for each additional himdred beyond 300.... Water-closets and urinals 
shall have an ample flush of water. 

Every emigrant ship shall be supplied with such provision for afford- 
ing light and air to the passenger decks as the circumstances of the case 
and the conditions of the service intended ma\', in the judgment of the 
emigration officer at the port of clearance, require.... 

No part of the cargo, or of the steerage passengers" luggage, or of the 
provisions, water, or stores... shall be carried on the upper deck or on the 
passenger decks, unless, in the opinion of the emigration officer at the 
port of clearance the same is so placed as not to impede light or ventilation 
or to interfere with the comfort of the steerage passengers.... 

The master of every emigrant ship ... shall issue to each steerage pas- 
senger ... an allowance of pure water and sweet and wholesome provisions 
of good quality, in accordance with the dietary scales (made under section 
17 of the Act of 1906).... He shall, on request, produce to any steerage 
passenger for his perusal a copy of this scale ... and shall post up copies 
of the scale in at least two conspicuous places between the decks on which 
steerage passengers may be carried.... 

An emigrant ship shall not clear outwards or proceed to sea, if there 
is on board as cargo any explosive... or any articles which... are likely to 
endanger the health or lives of the steerage passengers or the safety of the 
ship, or animals (except on the conditions stated in the regulations).... 

A duly authorised medical practitioner shall be carried ... where the 
number of" steerage passengers on board exceeds fifty, and also where the 
number of persons on board (including cabin passengers, officers, and crew) 
exceeds three hundred.... 

An emigrant ship shall not clear outwards or proceed to sea until a 
medical practitioner, appointed by the emigration officer at the port of 
clearance, has inspected all the steerage passengers and crew ... and has 
certified to the emigration officer, and that officer is satisfied, that none 
of the steerage passengers or crew appear to be by reason of any bodily 
or mental disease unfit to proceed, or likely to endanger the health or safety 
of the other persons about to proceed in the ship.... If any such person 
is present the Emigration Officer shall prohibit the embarkation of that 
person, or. if he is embarked, shall require him to be relanded." ^ 

Czechoslovakia, India, Norway, Poland (Regulations of 
May 1920), Portugal, Spain, Sweden, and Switzerland, and 
various other countries also deal in their legislation with the 
transport of emigrants to oversea ports. 

1 See '■• Abstract of the LaiL relating to Passenger and Emigrant Ships", 
p. 15 et seq. 

— 121 — 



B. Insurance of Emigrants transported by Sea. 

In Spain, a Royal Decree, dated 7 August 1920, authorises 
the Central Council for Emigration to pay insurance benefits 
to Spanish emigrants on account of death or total incapacity 
as a result of shipwreck. An Order dated 11 December 1920, 
drawn up by the Ministry of Labour, fixed the following con- 
ditions : — 

The insurance covers risk of death or total permanent 
incapacity of Spanish emigrants, provided that such death or 
incapacity are direct results of shipwreck, fire, collision, or 
other accident at sea. 

The following are considered as Spanish emigrants : persons 
included under Article 2 of the Act of 21 December 1907 
and supplementary clauses ; that is to say, Spanish subjects 
who leave Spain with a third-class ticket (or ticket considered 
by the Emigration Department to be of an equivalent class) for 
any country of America, Asia, or Oceania. These persons, 
however, are not covered by the insurance if their names are 
not included in the list mentioned later. Children between 10 
and 14 years of age will not be insured against death. Children 
below the age of 10 years are not insured at all. 

Benefits will be paid to parties entitled in the following 
order of priority : — 

(a) Widow, or children in care of deceased. 

(h) Grand-children (orphans) in care of deceased. 

(c) Parents maintained by deceased. 

(d) Grandparents maintained by deceased. 

(e) Brothers and sisters maintained by deceased. 

The benefit for each insured person amounts to 3,000 pesetas. 

The premium is provisionally fixed at one peseta to each 
1,000 pesetas benefit, that is to say, 3 pesetas per emigrant. 

All emigrants, as defined in paragraph 2 of the Act, who 
embark from the same port in the same boat, will be insured 
together although their destinations may be different. A 
necessary condition of insurance is that the boat in question 
be one authorised by Spanish law to transport emigrants. Lists 
of insured emigrants will be drawn up giving the following 
particulars :— 

Surname and Christian name of the emigrant ; age ; occu- 
pation ; commune and province in which born ; tranship- 
ments to be carried out during the voyage, and ports where 
they are to be effected ; date and hour of commencement of 
insurance. 

The Official Insurance Committee will put a special collective 
insurance policy at the disposal of the Emigration Council. 
Each list of emigrants handed over by the Committee will 

— 122 — 



come under this agreement and the insurance will be effected 
from this list. Insurance begins from the moment the boat 
leaves port and continues until the time it arrives at the port 
of destination. 

In case of accident at sea the Emigration Council will 
furnish the Insurance Committee with all necessary information, 
statements by authorities, consular reports, etc. The Insurance 
Committee, having considered the evidence, will decide as to 
the payment of benefits. This decision must be communicated 
to the Emigration Council within 24 hours. Payment will 
be made by the Emigration Fund, which will transmit the 
benefits to the parties entitled to them. If payment is not 
agreed to by the Insurance Committee, the Emigration Council 
has the right to bring up fresh proofs. In case of difference of 
opinion, the question will be submitted to the President of the 
Council of Ministers. 

Every five years the Emigration Council and the Official 
Insurance Committee will revise their agreement. 

^'arious other laws also compel shipowners or emigration 
agents to insure their clients ; the question arose above in the 
consideration of the obligations of shipowners. 



C. Transport by Land. 

Although very numerous regulations deal with the transport 
of emigrants by sea, there are very few relating to their transport 
by land. 

Very few countries have adopted special measures concern- 
ing .the transport of emigrants by rail, but the International 
Conference on Passports, Customs Formalities, and Through 
Tickets, which was held in Paris in October 1920, under 
the auspices of the Provisional Committee on Communications 
and Transit of the League of Nations and charged with the 
study of the methods necessary to facilitate international 
passenger traffic by rail, considered the special situation of 
emigrants during their journey by land. This Conference passed 
the following resolution ^ : — 

■'That the most efficient measures should be taken to 
ensure that the transport of emigrants be carried out in 
the conditions most favourable to public health ; that 
corridor-trains should be used, as far as possible, for the 
transportation of emigrants ; that prolonged stoppages 
at frontier or other stations for the purpose of passports, 
customs, or sanitary formalities in connection with the 
transport of emigrants, should take place where nuiterial 

1 Documents of the League of Nations ; Transport of Emigrants (IV m.). 

— 123 — 



facilities exist which permit of this being done without 
danger to the pubhc health ; that authorities issuing pass- 
ports to emigrants should, at the same time, furnish them 
with particulars of the sanitary and other conditions to 
which they will be subject, and the expenses which they will 
incur en route until arrival in the country of destination." 

This decision was communicated to the different Govern- 
ments by the League of Nations and, although the measures 
indicated have not yet been adopted, several Governments 
have declared themselves in favour of the recommendation 
(Austria, Czechoslovakia, Finland, Great Britain, Germany, 
Greece, Hvmgary, Luxemburg, Netherlands, Norway, Poland, 
Siam, and Switzerland). 



- 124 



CHAPTER VIII. 



THE PROTECTION OF THE EMIGRANT 

ABROAD BY THE AUTHORITIES OF HIS 

COUNTRY. 



The emigrant who has arrived at his destination overseas 
is still in need of effective protection, and this is guaranteed 
to him as far as possible by the laws and the authorities 
of his country, unless there is — a rare occurrence — an 
international agreement covering the protection of foreign 
workers. ^ 

The countries of emigration, particularly those which have 
special laws on this subject, give their diplomatic and consular 
officials very precise instructions regarding the protection of 
emigrants. 

Generally speaking, it is a consul's duty to receive and 
transmit the complaints of emigrants against the abuses of 
transport and recruiting agents, to control the application of 
transport regulations, to arrange for the inspection of authorised 
ships, to intervene in cases of dispute or controversy between 
emigrants and agents, to defend, in every way, the rights of 
emigrants, to supervise and facilitate repatriation, to study local 
labour conditions, to inform their Governments as to immi- 
gration and colonisation, to facilitate, if necessary, the finding 
of suitable employment by fresh immigrants, to put a stop 
to the activity of persons engaged in the White Slave 
Traffic, etc. 

The Austrian Bill of 1913 contains an interesting clause, 
which states that all legal questions arising out of the contract 
are to be brought before an Austrian court, and that agents 
must accept all obligations determined by the law or by Orders 
issued as a result of it. 

» For information on this subject see Part III of this work (Treaties 
concerning Emigration and Immigration). 

— 125 — 



The Belgian law stipulates that failure to comply with 
the regulations in foreign ports, on board Belgian ships, must 
be ascertained by the consuls, assisted by quaUfied persons, 
if necessary. 

The Chinese law lays down that officials of the Chinese 
legations and consulates may be appointed as Emigration 
Commissioners in the countries to which Chinese workers are 
travelling. 

The Danish law forbids consular officials to take any part 
in emigration societies or to undertake any action which might 
encourage Danish emigration. 

Germany regards consuls as emigration commissioners. 

The Italian law stipulates that arbitration by an Inspector 
of Emigration can be invoked by making an application to 
the consul, either verbally or in writing. The examination 
of the case is conducted officially. 

The Italian regulations stipulate that the complaints of 
emigrants against transport agents or their representatives 
must be made in legal form to the military doctor or the emi- 
gration commissioner travelling on board the ship, and that 
these complaints come within the jurisdiction of the Italian 
consul at the destination of the emigrant, or of the Inspector 
of Emigration in Italy. Complaints made by emigrants abroad 
must be communicated by the Italian consul or the Italian 
emigration official, with proofs and necessary information, 
to the Emigration Office, which transmits them to the 
competent prefect. The same regulations declare that, imme- 
diately on arrival, the military doctor or the emigration com- 
missioner who has travelled on the vessel must go to the con- 
sulate and submit the log-book to the consul; he must inform the 
consul of all important facts regarding the voyage. The consul 
must, if called upon to do so, go on board and give assistance 
to the emigrants. 

The supervision of Javanese workers abroad is assured 
by the inspectors of labour in agreement with the consuls. 

Spanish law requires the consuls to register in a special 
book all emigrants' complaints, to encourage the formation 
of societies and associations for the defence of the emigrants' 
interests, to submit to the Government quarterly and annual 
reports on everything concerning Spanish emigration, and the 
conditions under which emigrants are living, and finally to 
give to emigrants, free of charge, all documents and certifi- 
cates necessary for the support of their claims. 

By the Swiss law, consuls at seaports must examine, without 
charge, all complaints made by Swiss emigrants concerning 

— 126 — 



failure to carry out their contracts. If the persons concerned 
demand it, a report of the hearing will be made, and a copy 
sent to the Federal Council, which will take steps, so far as 
the credits at its disposal will permit, to ensure that at the 
principal ports of embarkation Swiss emigrants may receive 
assistance and advice. 

It should be noted that certain countries fix a period within 
which claims and complaints must be brought before the 
consuls. By the Italian and Spanish laws, proceedings con- 
cerning failure to carry out a contract or to comply with the 
emigration regulations must be taken within a period of one 
year. The Greek law stipulates that no complaints will 
be heard unless they are made within one month after the 
arrival of the emigrant at his destination, in the form of a 
written petition sent to the consul. The Swiss Federal law 
requires complaints of this kind to be presented within 96 
hours of arrival. 

Several countries have appointed special officials, apart from 
the consuls, to deal with matters concerning emigration. 

Austria has in the Argentine a special delegate of the 
Ministry of the Interior to deal with questions of emigra- 
tion. 

The Chinese law lays down that when circumstances 
require, special commissioners may be appointed in the coun- 
tries to which Chinese workers are travelling. 

At the consulates of Czechoslovakia there are always 
officials whose duty it is to study emigration problems at first 
hand. 

Germany has appointed special representatives in certain 
places as, for example, in the Argentine and Mexico. 

The Italian Act of 1919, states that "offices for protect- 
ing emigrants, for supplying them with information, and for 
getting them into employment, shall be established, by agreement 
with the Governments concerned or otherwise, in countries to 
which Italians emigrate. 

"Emigration officers may be appointed in the principal 
centres to which Italians emigrate, in manner to be determined 
by the regulations, and they shall supply information to the 
Department on the conditions affecting Italian emigration, 
collect and transmit the wishes of emigrants, and discharge 
any other duties that are entrusted to them. The said 
duties may be assigned also to consular or other state 
officials. 

"Regular inspections shall be carried out on board steam- 
ships carrying emigrants, both at intermediate ports and at 
the final destination, under the authority of the emigration 

— 127 — 



officers or consular officials, in accordance with the regulations 
and in such manner as is prescribed therein."^ 

Poland appoints "emigration attaches" to serve with her 
diplomatic and consular officials, with the following duties :— 
to study the local labour conditions and to inform the Govern- 
ment regarding them, to study the conditions of Polish emi- 
gration, give active assistance to emigrants in finding employ- 
ment, keep in touch with Polish emigrants, give them legal 
advice regarding social legislation, assist the consuls in dealing 
with accidents during employment, supervise the transmission 
of savings to the country of birth, etc.... At the end of 
April 1920, Poland had emigration attaches at New York, 
Paris, Curityba (Parana, Brazil), and Berlin. 

The Government of the Serbs, Croats and Slovenes may 
appoint an immigration attache with its diplomatic and consular 
representatives in foreign countries, where there is an important 
colony of immigrants. In some countries it will establish special 
committees to co-operate with the consular and diplomatic 
authorities. The competence and sphere of activity of these 
authorities will be determined by the Ministry of Social Affairs. 

Switzerland has appointed a secretary, attached to the 
consulate at New York, and bearing the title of commissary, 
who deals particularly with the arrival of immigrants. 

Certain countries (such as India and Spain) send special 
inspectors to investigate the conditions of their emigrants in 
countries of immigration. 



1 The whole system of protection for Italian emigrants has been care- 
fully organised by the Italian Emigration Fund, which spent for this purpose 
in 1918-14, a normal pre-war year, a sum of 1,720,035.79 lire. This amount 
did not include the ordinary expenses of the diplomatic and consular repre- 
sentatives, which were charged to another account. 

This sum of money was used to cover expenses relating to emigration 
inspectors abroad, who were at that time carrying on their work at New 
York, New Orleans, Montreal, St. Paul (Brazil), Briey (France), Cologne, 
Lucerne and Paris : to special missions regarding emigration with which 
certain consular agents were charged, particularly at New York, Rosario, 
Munich, and Havre ; to the upkeep of Italian schools in America ; to in- 
spectors, doctors and schoolmasters; to subsidies given to welfare organi- 
sations abroad, principally in Europe, Africa and America ; to offices for the 
legal assistance of emigTants (particularly in the case of accidents met with 
in the course of their work), which were established at Washington, New 
York, Philadelphia, Chicago, Damas, San Francisco, Boston and Montreal;, 
and finally, to exceptional cases of repatriation or assistance. 

— 128 — 



CHAPTER IX. 



SPECIAL REGULATIONS CONCERNING 
CONTINENTAL EMIGRATION. 



Emigration is not confined to trans-oceanic countries. We 
have also to consider the so-called "continental emigration", 
which is generally of a temporary nature ; that is to say, the 
emigrant leaves his country for a comparatively short period, 
which hardly ever exceeds a year. Emigrants of this kind are 
principally agricultural labourers. 

The laws of some countries refer specially to this question, 
those of others do not ; it depends on the importance of the 
movement in each country. In certain cases oflficial regulations 
are drawn up for continental emigration, in others the ordinary 
regulations applying to all emigration apply to it, and in others 
again it is expressly stated that the regulations are confined 
to trans-oceanic emigration. 

Moreover, it must be remembered that, in addition to the 
regulations applicable to all emigrants, there is an increasing 
number of special agreements arrived at by two countries with 
a view to regulating the conditions of continental emigration 
between these countries. France, as a count.ry of immigration, 
Italy and Poland, as countries of emigration, have done a great 
deal in this direction ; this is examined in greater detail in 
connection with emigration treaties in Part III. 

I The Austrian Bill of 1913 deals at length with the 
question of continental emigration and the conditions in 
which the recruiting and transport of the emigrants may be 
carried on. Recruiting agents arc obliged to deposit 2,500 to 
5,000 crowns and to give the emigrants a contract of labour con- 
taining a large number of obligatory clauses, both for industrial 
and agricultural workers. Official employment exchanges are, 
however, not subjected to these regulations. 

In Belgium, the transport of emigrants to European coun- 
tries is, like that to oversea countries, subject to the general 



I 



129 



regulations concerning licenses, deposits, insurance, contract- 
tickets and the transmission of lists of passengers. 

Indirectly, these regulations refer rather to trans-oceanic 
than to continental emigration. In point of fact, these voyages 
by sea from one continental port to another are generally only 
the preUminary to a trans-oceanic voyage. So far as Belgium 
is concerned, continental or seasonal emigration takes place, 
or took place, in most cases to France, the Grand-Duchy of 
Luxemburg, Holland and Germany, and did not involve a sea 
journey at all. 

The Czechoslovak Bill deals with the engagement of workers 
for European countries, making such engagement subject to 
the consent of the Labour Office. In general, the provisions 
relating to the transport of emigrants overseas are also vaUd 
for the transport of emigrants by sea to other European coun- 
tries, and for all Continental emigrant transport. Railway 
carriages intended for the transport of emigrants must be well 
closed and the number of persons carried must not exceed that 
provided for in the regulations. The details for carrying out 
the provisions with regard to Continental emigration are left 
to special decrees. 

The German Order of 14 March 1898, sets out certain 
special conditions applying to the transport contracts of emi- 
grants travelhng by sea to European countries. 

The Italian law states that "a person shall not take action, 
preliminary or otherwise, in connection with the enrolment 
of emigrants for work to be carried out in any foreign country 
(other than a country overseas) unless he has obtained 
special permission froni the General Emigration Office. The 
permit to carry out the enrolment shall be issued by the Office 
or by a Prefect on its behalf." The procedure and con- 
ditions for the issue and renewal of the permit are determined 
by the regulations, and the permit is subject to a duty of 20 
lire. A labour contract, signed by the person or firm for whom 
the enrolment is carried out, must be attached to the original 
permit ; this contract must include an obhgation on the part 
of the contractor to insure the worker against accidents in 
accordance with the Italian law if the work is to be carried 
out in a foreign country where insurance is not compulsory 
for aliens under the laws in force at the time, and must further 
contain certain general provisions specified in the regulations. 

Records of enrolment are subject to a duty of 5 lire payable 
to the Emigration Fund in respect of each worker enrolled ; this 
duty is paid by the person who carries out the enrolment. 

An emigrant who goes by railway to a foreign country for 
purposes of w^ork is granted special travelling privileges on the 
Italian railways, and elsewhere as may be arranged with foreign 
authorities, and for this purpose a pass valid for one year and 

— 130 — 



valued at 1 lira is issued to him at the same time as his ticket 
for the journey, at the station from which he starts. 

The Minister for Foreign Affairs is empowered to make 
special provision for the protection of emigrants travelling by 
sea to countries other than those overseas, after hearing the 
Superior Emigration Council. 

In the Netherlands any person undertaking, either on 
his own account or as representative of some other person, the 
transport of emigrants, whether Dutch or foreign, from Holland 
to any European country, or any person who is engaged as an 
agent, whether the emigrants embark at a Dutch port or else- 
where, must give a personal or financial guarantee in advance 
to the supervising committee, or if that is not possible, to 
the municipal council of the place in which he resides ; the 
deposit must not exceed 5,000 florins. The agent is not allowed 
to undertake the transport of emigrants out of Europe. He 
must deliver to each emigrant a written and signed declaration 
giving all the usual particulars. If the agent provides board 
and lodging for the emigrants up to the time of their departure, 
this fact must be mentioned in the declaration ; if the cost of 
board and lodging is not included in the price of the ticket, but 
is reckoned separately, the amount must be fixed in accordance 
with a scale approved by the supervising committee. Should 
the vessel which is to make the journey not be ready for the 
emigrants on the day mentioned in the above-mentioned 
declaration, the agent must provide board and lodging for the 
emigrants at his own cost. 

With regard to seasonal emigration from Poland, the for- 
malities which an emigrant had to undertake before his depar- 
ture were in pre-war days the subject of regulations which were 
not very severe. By the Austro-German agreement of 1850, 
for example, an Austrian passport was accepted in Germany 
as an identity paper. In Russia, passports were delivered free 
of charge to emigrants going to Germany for agricultural work 
between 1 February and 20 December ; the agreement attached 
to the Russo-German commercial treaty, signed at Berlin on 
28 July 1904, confirmed this regulation. 

The Republic of Poland has continued to make it as easy 
as possible to obtain passports. In accordance with the 
Order issued jointly by the Ministry of the Interior and the 
Ministry of Labour on 27 April 1920, temporary emigrants 
can obtain their passports direct from the Offices for 
Employment and the Protection of Emigrants, on payment 
of a minimum sum of 5 marks. Similar facilities are granted 
to emigrants' families. One of the forms filled in by the 
emigrant when making his application is sent to the Emi- 
gration Office, which in consequence is able to draw up regular 
emigration statistics. 

— 131 — 



In certain countries, as has already been said, the regulations 
are expressly applicable only to trans-oceanic emigration. 

The Hungarian Act of 1909 does not apply to emigrants 
going to a European country for a period of one year or less 
to do certain definite work. The Minister of the Interior 
can, however, if he thinks it desirable, extend the provisions 
of the Emigration Act to such emigrants. Similarly, he can 
issue regulations by Decree, in agreement with other depart- 
ments concerned, regarding the employment and engagement 
of workers abroad. 

The provisions of the Indian Emigration Act 1 908 do not apply 
to emigrants going to Ceylon or the Straits Settlements. For 
emigration to these places, the activities of agents and recruiters 
are not prohibited. But the recruiters for the Straits Settle- 
ments are already under the supervision of the Government 
of that colony, and the Government of Ceylon is proposing to 
control the operations of recruiters of Indian emigrants for 
the island. 

The Government of Mexico has put forward proposed 
regulations concerning the protection of the numerous Mexican 
workers who emigrate, this being one of the most important 
examples of continental emigration in North America. The 
principal provisions are as follows : — ■ 

1. Mexican workers are only allowed to leave the country 
if furnished with a labour contract guaranteeing them, among 
other things, a wage equal to that received by workers of 
other nationalities in the same place. The rate of wages need 
not be stipulated in the contract, but only the indication that 
it will be in conformity with local conditions. The contract 
shall also guarantee the same housing and food conditions as 
to other workers. 

2. Contractors of foreign labour shall be bound to pay the 
travelling expenses both ways of Mexican workers. The return 
journey of each worker shall be guaranteed by depositing with 
the emigration office at the port of embarkation a sum 10 % 
in excess of the return journey. If the worker has not claimed 
the return journey six months after the termination of his 
contract, the deposit made by the contractor shall be used for 
benevolent purposes. Workers claiming their return journey 
should apply to the Mexican Consul at their place of residence. 

3. Contractors must declare in the labour contract that they 
will submit to all the provisions of Article 123 of the Mexican 
Constitution. This article contains the foundations of labour 
legislation in Mexico, and lays down, in particular, the follow- 
ing principles : the 8-hour day ; 7 hours for night- work ; 6 hours 

— 132 — 



per day for workers 12-16 years of age ; prohibition of dangerous 
and unhealthy work and night-work for women and minors 
less than 16 years of age, weekly rest, etc. 

In Spain, events have shown the necessity of framing special 
regulations for continental emigration. Shortly after the out- 
break of the war there was a remarkable emigration of Spaniards 
to the belligerent countries. The Superior Emigration Council 
offered its services to the Government with a view to organising 
the protection of Spanish emigrants going to European countries, 
who were in danger, in the absence of special regulations, of 
being deprived of protection altogether. Later, the Royal 
Decree of 16 March 1918, contained a provision to the eflect 
that the protection and control exercised by the Superior 
Emigration Council should be extended to emigration to Euro- 
pean countries and to Africa, either overland or by sea, but this 
provision was not to come into force until there were, in the 
opinion of the Council and subject to the approval of the Govern- 
ment, sufficient funds available for this service. 

The Emigration Council made the following recommenda- 
tions with regard to the organisation of this service : — 

(1) That information should be given to intending emigrants 
regarding the employment position and the conditions of life and 
of work ; that there should be a legal guarantee for Spanish 
workers in European countries. 

(2) The formation of a Department of Statistics. 

(3) Prohibition of emigration without a labour contract 
stating exphcitly the minimum salary of the worker, the dura- 
tion of the employment, the compensation payable for dis- 
missal due to no fault of the worker, the payment of the expenses 
of the return journey, accident insurance (in countries which 
do not give a legal guarantee of such insurance to Spanish 
workers, or which give it with restrictions) ; the payment of 
wages in cash weekly, or at least fortnightly ; and finally the 
destination of the worker. These contracts must be drawn up 
in triplicate, one copy being sent to the Emigration Council. 
If the engagement is' made by the employer himself, the con- 
tract must be drawn up in accordance with the letters or 
other documents, having the visa of the Spanish consul in the 
place where the work is to be done, these letters or documents 
remaining in the possession of the worker ; if the engagement 
is made through the medium of official or private agents of 
an organisation which is either official or officially recognised 
by the Government of the country in question, the contract 
must be drawn up before a consul of that countr}', who becomes 
in that wav guarantor for the agent. 

The contracts mav be drawn up either for an individual or 
a family. Collective' contracts of labour for foreign countries 
are not allowed. 

— 133 — 



Workers in frontier districts are exempt from the obligation 
to present, before emigrating, a contract of labour. 

(4) Prohibition of recruiting through the medium of agencies 
or intermediaries not provided with an official authorisation by 
the persons in whose name the workers are engaged. 

(5) Improvement of the consular service in the direction of 
providing assistance for workers abroad. Formation of pro- 
tection and assistance committees. 

(6) Co-operation for the information, statistical and publi- 
city services, etc., of all authorities and official institutions 
fulfilling economic or social functions. 

In Switzerland, employment offices can give information 
as to vacancies in European countries. In cases of abuse or 
irregularity^ the Federal Emigration Office can, in accordance 
with the Federal Order of 17 May 1918, ask the cantonal and 
local authorities to adopt repressive measures. 

An article of the Federal Emigration Act, referring to the 
transport of emigrants by railway, declares that such emigrants 
must travel in passenger coaches which can be closed, and in 
which each traveller can sit down, in accordance with the 
transport regulations. The use of waiting rooms should be 
allowed as far as possible at stations where there is a period 
of waiting. 



134 — 



CHAPTER X. 



EMIGRANTS IN TRANSIT. 



The question of the transit of emigrants was, even before 
the war, one of considerable importance. A few European 
countries, such as Switzerland and Serbia, had no access to 
the sea, and their trans-oceanic emigrants had to embark at 
foreign ports. In many other countries from which there was 
considerable emigration, emigrants often did not embark in 
the country itself, either because the ports were few in number 
and badly situated, or because the sea communications were 
badly organised. This was the case in Austria, Bulgaria, Hun- 
gary and Russia. It may be estimated roughly that about 
half the total number of trans-oceanic emigrants embarked in 
foreign ports. A large number of the emigrants from the princi- 
pal ports of Belgium, France, Germany, and the Netherlands 
were foreigners. Many continental emigrants were also trans- 
ported from British ports. 

As a result of the war, moreover, many new countries have 
appeared, many of them having unsatisfactory access, or no 
access at all, to the sea. 

The question of transit is also of importance to continental 
emigrants, whose starting point is often situated at a considerable 
distance from their destination. Thus, Italians going to Germany 
or Luxemburg have to make long journeys across Switzerland 
or France, Czechoslovaks and Poles going to France have 
long journeys across Germany, Austria, and Switzerland. 

The legal position of emigrants in transit deserves special 
consideration. xA.way from their families, and unable to enjoy 
their usual conditions of life, situated at a particularly difficult 
period of their lives in a country of which they do not know 
the laws and the language, obliged to have recourse to com- 
mercial agents, who think mainly of their profits, emigrants in 
transit ought to have at their disposal a well-organised service 
of protection to defend their threatened interests. 

Unfortunately there is no such service. Emigrants have in 
the countries of transit no political power comparable to that 

— 135 — 



of the national steamship Knes ; the authorities too often con- 
sider these people as a profitable cargo rather than as human 
beings who are entitled to respect and pity and they are more 
concerned to send them on their way as promptly as possible 
than to accord them humane treatment and serious protection. 

As the interests of nationals of three or four different coun- 
tries are generally concerned in the question of transit an 
international solution of the question is at present being sought 
by the League of Nations, which held a conference on the subject 
of transit at Barcelona in 1921. Further reference to this will 
be made in Part III of this work. 

Very few laws or regulations exist at present on the subject 
of the transit of emigrants. 

Argentine legislation provides that the benefits granted to 
immigrants are not applicable in the case of immigrants passing 
through to another country. Immigrants who subsequently 
move to a neighbouring country must indemnify the Govern- 
ment for all expenses incurred by it for their voyage, dis- 
embarkation, accommodation, subsistence and transport. 

The Immigration Department keeps a special register of 
the persons who, having entered the country as immigrants, 
leave it as emigrants to other countries. 

The Austrian Decree of 1 July 1919, on the passport 
system prescribes regulations for transit through Austria. 
A passport is obligatory for every person entering Austria ; no 
other document, such as an identity card, employment card, 
servant's card, etc. is of any use to procure the bearer's admission 
to Austria. The Government can fix certain points on the 
frontier at which entry into Austria must be made. 

The Czechoslovak Bill lays down that the Government 
has the right to regulate the admission of emigrants in transit 
on grounds of the poverty of the emigrants, and of the health 
and safety of the nation. 

In Germany, before the war, elaborate regulations were 
framed for the admission to the country of persons wishing to 
embark at a German port. Before any foreign emigrant was 
allowed to enter Prussia, he had to have a passport, a transport 
contract with a shipping company authorised in Germany, 
a railway ticket to the port of embarkation, and finally a 
sufficient sum of money for the return journey in case permission 
to land were refused in the oversea country. 

In Great Britain, Article i of the Aliens Order 1920, states 
that nothing " shall prevent the landing in the United Kingdom 
of any alien who satisfies an Immigration Officer either 

'■(1) that he holds a prepaid ticket to some destination 
out of the United Kingdom, and that the master or 
owner of the ship in which he arrived or by which he 

— 136 — 



r 



is to leave the United Kingdom has given security to the 
satisfaction of the Secretary of State that, except for 
the purposes of transit or in other circumstances approved 
by the Secretary of State, the ahen will not remain in, 
or, having been rejected by another country, will not re- 
enter, the United Kingdom, and will be properly main- 
tained and controlled during transit ; or 

"(2) that having taken his ticket in the United Kingdom 
and embarked directly therefrom for some other country 
after a period of residence in the United Kingdom 
of not less than six months, he has been refused admis- 
sion to that country and has returned directly therefrom 
to a port in the United Kingdom. " 

Before the war, the British authorities learned of cases 
wdiere young girls of foreign origin, engaged for purposes of 
prostitution in other foreign countries, were crossing Great 
Britain together with other classes of emigrants in transit. 
Each case, as soon as it was discovered, was made the subject 
of an enquiry, but certain difficulties were experienced on 
account of the fact that a warrant was required before persons 
suspected of being a subject of such traffic could be arrested. 
This w^as remedied by the Act of 1012, of which Section 1 lays 
down that a police constable can arrest without warrant all 
persons whom he has reason to suspect of being about to 
commit or of having already committed an offence against 
Section 2 of the Criminal Law Amendment Act of 1885 (con- 
cerning Procuring or the Attempt to Procure). 

The Italian Act of 1919 states that "an emigrant of other 
than Italian nationality who embarks at any port within 
the kingdom shall be treated in all respects as if he were Italian, 
except that he shall not be entitled to benefit by the activities 
of the emigrants' protection offices in other countries." 

In the Netherlands, the law of 1861 states that emigrants 
are allowed to cross the country, even if they have no passports 
or safe-conducts, provided that at the frontier, or at the first 
place they stop at, they can give the competent officials a satis- 
factory explanation of the object of their journey. The chief 
of police at the frontier or at the first stopping place has to 
undertake the examination and he gives the emigrants s transit 
permit which serves also as a permit to remain in the country 
for two months. He also gives them the information necessary 
to enable them to continue their journey to the port of em- 
barkation. 

Alien emigrants who, within two months of their arrival, 
have not left the country, must obtain authority to stay in the 
country in accordance with the immigration regulations. 
Should the departure have been delayed for reasons considered 
to be valid, the above-mentioned permit nuiy be prolonged for 

— 137 — 



a further peiiod determined by the chief of poUce at the place 
where the ahen is staying. 

The Polish Decree of 26 July 1920 states that transport 
agents must undertake the collective transport of emigrants 
as far as Dantzig by the route, and under the conditions, 
specified by the Emigration Office. 

In the Kingdom of the Serbs, Croats and Slovenes, all 
the rights laid down by the law in favour of Jugo-Slav subjects 
are also granted to foreigners w^ho embark or disembark at 
national ports. 

In Sw'iTZERLAND, there is no special law on the transit of 
emigrants, which is under the supervision of the Federal Emi- 
gration Office. Since 1903, agencies have had to report to the 
Office on all emigrants in transit with whom they are concerned. 

In the United States, in virtue of the Immigration Act 
of 5 February 1917, every alien seeking a landing for the 
purpose of proceeding directly through the United States to 
a foreign country is examined, and, if found to be a member 
of any one of the excluded classes (except illiterates), is refused 
permission to land, in the same manner as though he intended 
to remain in the United States. Cases where a refusal of the 
privilege would entail exceptional hardship may be reported 
for a special ruling. 

Illiterates who are allowed to cross the territory of the 
United States must do so in groups, accompanied by an immi- 
gration official. 

Other aliens, who are granted the transit privilege without 
being grouped, have to deposit the head tax. 



188 



I 



CHAPTER XI. 



REPATRIATION. 



The return of emigrants, either voluntary or enforced, may 
be effected in a variety of ways, so far as the payment of expenses 
is concerned. These expenses, which arc sometimes very heavy, 
may be paid 

(a) by the emigrant himself ; 

(b) by the emigrant and the transport agent ; 

(c) by the transport agent alone ; 

(d) by the emigrant's native country ; 

(e) by the country in which he resides ; 

(/) by private protection and welfare societies. 

(a) Voluntary repatriation at the expense of the emigrant 
himself is the most usual method of return. There are no laws 
dealing with repatriation of this kind, except to ensure satis- 
factory travelling conditions and the same treatment on board 
that emigrants enjoy on the outward journey. 

This is the case in Italy and Spain. The Italian Regulations, 
issued in accordance with the Decree of 14 March 1909, state 
that transport agents must, when their ships are carrying 
Italian third-class passengers from an oversea port to an 
Italian port, comply with the regulations concerning speed 
and conditions of hygiene, safety, etc., laid down for the trans- 
port of emigrants from Italy overseas. The scale of charges 
must not be modified. If the ship is one that has left an Italian 
port with Italian emigrants, the military doctor must assist 
Italian third-class passengers as far es the Italian port to which 
they are going. Passengers who are not of Italian natiotnality 
are free to ask for the help of the ship's doctor, and should 
the ship have no doctor the Italian doctor must assist all the 
passengers and crew. The Italian doctor must satisfy himself 
that the cabins are suitably washed and disinfected before tlic 
vessel sets out on the return journey, and also that all regu- 
lations concerning berths, mattresses and blankets used by 
third-class passengers are complied with. This agent must, in 

— 139 — 



the transport contracts which he signs with emigrants returning 
home, comply with the regulations in foice for the transport 
of emigrants from an Italian port overseas. It must also be 
stated whether the repatriation is to be accomplished direct, 
or whether there is to be transhipment at an intermediate port, 
or whether part of the journey is to be made by railway. In 
case of transhipment, the regulations relating to that point 
must be complied with. If the ship does not start on the day 
fixed in the contract, the shipowner responsible for the delay 
must provide board and lodging at his own expense for the 
emigrants up to the day of departure ; and he must carry out 
any instructions which the Italian Consul may think it neces- 
sary to give him. Emigrants may make their complaints against 
the transport agent, for all loss and injury caused by him abroad 
or during the journey, to the military doctor, or the emigration 
commissary, or the competent inspector. 

The Spanish Decree of 12 August 1912, states that ships 
authorised to transport emigrants in accordance with the 
regulations in force must also comply during the return journey 
with all these regulations concerning hygiene and the safety 
of the emigrants. 

(b) With a view to facilitating the repatriation of emigrants 
whose means are insufficient to meet all the expenses— and 
this frequently happens where there is a large family — certain 
countries make it obligatory for the transport agent to repatriate 
a certain definite number of emigrants at half-price, or at a 
price determined by the emigration authorities, under the same 
conditions as apply to other third-class passengers. Reference 
has already been made to this matter when dealing with the 
agents' obligations. The expenses of repatriation are in that 
case borne by the returning emigrant and the transport agent. ^ 

(c) In other cases the agent has, at his own cost, to repat- 
riate destitute emigrants. 

The Czechoslovak Bill lays down that an emigrant who is 
refused admission by the country of destination in accordance 
with the provisions of the law in force there, must be repatriated 
as soon as possible and at the expense of the shipowner as far 
as his last place of residence, and, if the latter is situated out- 
side Czechoslovakia, as far as the frontier of the republic. The 
shipowner must also pay the expenses of maintenance of the 
emigrant during the return journey. 

The same Bill prescribes that if a person who is forbidden 
to emigrate cannot maintain himself at the place where his 
journey has been interrupted he must be brought back by the 
agent to the legal place of residence chosen by him or by his 
legal representative. If such a place of residence has not been 

1 See above, pp. 97 and 98, the provisions of the laws of Greece, Italy, 
Portugal, and Spain. 

— 140 — 



fixed or if the choice has been provoked by illegal means, or 
if his stay in the place chosen has been forbidden b\' law, the 
immigrant must be taken back to the commune to which he 
belonged or to the town in which, after an enquiry has been 
made by the Labour Office, he will be sure to find means of 
earning his living. 

By the Greek law, emigration agents have to bring back 
at their own expense, to the port of departure, all emigrants 
who are refused permission to land in America or elsewhere 
for reasons which existed before the departure from Greece. 
They are also bound to place at the disposal of the IMinistry 
of the Interior or the authorities appointed by the latter, 
twenty third-class tickets from New York to a Greek port for 
the repatriation of destitute Greek subjects. 

Hungary. The shipowner must repatriate free of charge 
all emigrants transported by him without a passport. 

Italy. The carrier is responsible for the loss incurred by 
an emigrant who is rejected by the country to which he goes 
under the laws there in force respecting emigration in any 
case in which it is proved that the carrier was aware before 
sailing of the conditions which caused the rejection of the said 
emigrant. The principal loss coming under this heading is 
the expense of the return journey, although the law does 
not expressly say so. 

The Portuguese Decree obliges each shipping company to 
repatriate, free of charge and under the same conditions as to 
board and lodging as apply to other third-class passengers, 
3 "^y of the emigrants transported during the preceding quarter. 
In obtaining these free tickets, the instructions mentioned in 
reference to repatriation at half-price must be followed. 

In the Kingdom of the Serbs, Croats and Slovenes, 
shipping companies have to repatriate at their own expense 
any emigrant who has been refused admission to the country 
to which he was going in virtue of the provisions of the immi- 
gration law in force there. 

Spain. If the owners of a ship convey an emigrant to a 
destination where, by virtue of the laws there operative, he 
is refused admission, they must repatriate him without delay 
and free of charge. This is the general rule ; but, in the event 
of such laws being amended, withdrawn, or replaced, the o^vners 
of the ship are entitled to be reimbursed the cost of the return 
journey, if it was impossible to receive due notice of such change 
before the conclusion of the embarkation contract. Should the 
emigrant be unable to pay the sum required, the Emigration 
Council may treat the voyage as equivalent to two of the 
repatriations which, in accordance with the emigration law, 
the agent has to undertake free of charge. 

— 141 — 



By the Swedish Act of 1884, if the competent authorities 
prohibit the disembarkation of an immigrant and if the prohi- 
bition is determined by circumstances which have arisen since 
the signature of the contract, the agent is obliged to reimburse 
the immigrant the cost of the journey and to take the necessary 
steps to repatriate him free of charge. 

(d) Repatriation at the sole expense of the State of which 
the emigrant is a subject is no longer conceded as a right by 
countries which oblige emigration agents to repatriate, free of 
charge or at half-price, emigrants who have been for a certain 
period in the overseas country. Other countries generally 
undertake such repatriation through the medium of their 
diplomatic and consular agents, and at the expense of public 
funds, unless philanthropic societies of the same nationality 
do this work. 

In the Belgian Congo, a committee for supervising native 
children was set up b}^ an Order of the Secretary of State of 
5 November 1896. This committee supervises the material 
conditions of hfe, etc., of the children and arranges for their 
repatriation if they live abroad. Instructions of the Governor- 
General prescribe that officials shall repatriate natives, without 
distinction of sex, who have emigrated from their district 
without being provided with a passport. 

In Belgium, repatriation at the public expense is not a 
right to which all Belgian subjects abroad are entitled ; it is 
a privilege, and is to be considered as an exceptional measure. 
Officials of the diplomatic and consular services are bound, 
except in cases wh'ch are absolutely and demonstrably urgent, 
to ask for and to await ministerial authority before repatriating 
Belgian subjects. The repatriation must be effected by the 
most direct and the most economical route. 

One of the provisions of the Danish consular regulations 
is to the effect that if no work can be found or if the destitute 
person cannot work, it is often advisable to repatriate him 
from a country not far distant and within easy reach of Den- 
mark ; if the country in question is more distant, the consent 
of the Ministry for Foreign Affairs must be obtained. Should 
repatriation be undertaken, the destitute person receives a 
certificate stating the reasons for his repatriation and the 
assistance given to him. If the repatriated person travels by 
land, and it is impossible to obtain a through ticket, it is advis- 
able to give only sufficient help to take him to the nearest 
consulate or vice-consulate. 

Arrangements were made b}'^ the British Government 
shortly after the armistice to repatriate free of charge all foreign 
workers who were brought to the countrj^ for employment 
on war services. The facilities provided by the Government 

— 142 — 



for repatriation extended also to those foreign workmen who 
were brought to the United Kingdom by private employers 
for employment on war service. Repatriation is now complete, 
and no scheme on similar lines now exists. 

The Hungarian Emigration Act states that, among the 
objects to which the emigration fund can be applied is that 
of paying wholly or partly the expenses of the return journey 
of destitute emigrants who desire to return to their native land. 

(e) It is not, however, always the Government of the emi- 
grant's native country which has to bear the expense of re- 
patriating destitute emigrants. Sometimes the State in which 
the emigrant is living has to do it. This is the result of agree- 
ments, such as those signed by Belgium and Germany on 7 July 
1877; Belgium and Italy on 24 January 1880; and Belgium 
and Savitzerlaxd on 12 November 1896, with reference to 
assistance for, and repatriation of, destitute subjects of the 
respective countries. These agreements state that the repay- 
ment of expenses for assistance, maintenance, medical treat- 
ment, or repatriation of destitute persons, cannot be claimed 
from the Government of the State to which the person con- 
cerned belongs, nor from his commune, nor any public fund 
in the country. 

The agreement signed by France and the Netherlands 
on 11 February 1911, to legulate the repatriation of subjects 
of the contracting States afflicted with insanity, and who 
have had recourse to assistance from public funds, declares 
that "the expenses arising out of the transport of the destitute 
person to one of the frontier stations, and of medical attention 
up to the date of repatriation, shall be borne by the State sending 
the insane person, unless it can obtain repayment on his pro- 
perty or on that of relations who are under an obhgation in 
such matters." 

(/) Finally, repatriation is frequently arranged through the 
initiative and at the expense of welfare societies or philan- 
thropic institutions which exist in certain countries of emi- 
gration ; or by general aid societies founded by the immigrants 
of each nationality in the countries of immigration. 



143 — 



APPENDIX. 



List of Acts, Bills, and Regulations consulted. 



Australia. 



Immigration Act, 1901-1920. 
Emigration Act, 1910. 



Austria. 



Bill of 1913 concerning emigration. 

Decree of 1 July 1919, on the passport system. 



Belgium. 



Act of 14- December 1876 concerning the transport of 

emigrants. 
Amending Act of 7 Januarj^ 1890. 
Regulations of 2 December 1905, made under the 

Act of 1876. 



Bulgaria. 

Act respecting Compulsory Labour Service, 5 June 1920.^ 

China. 

Emigrant Labour Act, 21 April 1918. 

Regulations concerning recruiting agents, 21 April 

1918. 
Outline of Contract of Emigrant Labour, 3 May 1918. 

1 The full text of the Act has been issued in the Legislative Series 
of the International Labour Office (hereafter cited as the Legislative 
Series). See 1920 (Bulg. 1). 

— 145 — 



Belgian Congo. 



Order of the Governor-General of 7 December 1887. 
Order of the Secretary of State of 5 November 1896. 
Decree of 2 May 1910, on districts and sub-districts. 
Decree of 16 November 1016, on the census. 



COREA. 



Act concerning the protection of Corean emigrants, 
12 July 1906. 



Czechoslovakia. 



Act of 21 April 1897, forbidding propaganda (No. 27 
of the Collection of Imperial Laws on Emigration, 
April 1921). 

Emigration Bill, 1921. 



Curasao. 

See Netherlands Indies. 



Denmark. 



Emigration Act of 1 May 1868. 

Regulations of 28 March 1870, concerning the transport 
of emigrants. 



France. 



Act of 18 July 1860 on emigration. 
Decree of 15 March 1861. 

Administrative Decrees of 20 March and 21 May 1861 
in pursuance of above Act. 



Germany. 



Emigration Act of 9 June 1897, No. 2393. 

Regulation of 26 .lanuary 1898, concerning the organ- 
isation of the Advisory Emigration Council. 

Order of the Chancellor of 14 March 1898, on the oper- 
ations of owners of undertakings and agents regard- 
ing emigration. 

Act of 27 July 1918, concerning evasion of taxes. 

Act of 29 March 1920, concerning income tax. 

— 146 — 



i 



Great Britain. 

The Merchant Shipping Act, 1894, Part III, Passenger 
and Emigrant Ships, Sections 267 to 368. 

Act to amend the Merchant Shipping Acts, 189-t to 1900, 
21 December 1906. 

AHens Act, 1905. 

London County Council General Powers Act, 1910. 

Criminal Law Amendment Act, 1912. 

Aliens Restriction Act, 1914. 

Emigration Bill, 1918. 

Aliens Restriction (Amendment) Act, 1919. 

Ahens Order, 1920. 

Greece. 

Act No. 2475 of 17/30 September 1920, respecting 
Emigration.^ 

Royal Decree 24 September 1920, amended by the 
Royal Decree 17 January 1921, concerning emigra- 
tion of women and girls. 

Hungary. 

Order of 1869 concerning the emigration of women 

and girls. 
Emigration Act of 18 February 1909. 

India. 

Indian Emigration Act (Act XVII of 1908). 

Italy. 

Act No. 24 of 1 February 1901 concerning the savings 
of emigrants. 

Decree of 14 March 1909 on the different conditions 
M'hich have to be fulfilled on ships authorised to 
transport emigrants. 

Act of 13 November 1919, No. 2205, to co-ordinate the 
provisions respecting emigration and the legal pro- 
tection of emigrants.- 

Royal Decrees of 10 July 1901, No. 375 ; of 10 March 
1904, No. 165; of 24*^ April 1904; of 2 December 
1906, No. 621 ; of 28 June 1908, No. 411 : of 28 August 
1913, No. 1643 ; and Regulations of 29 December 1901, 
No. 571 ; of 23 July 1911, No. 866; of 9 August 1911. 
No. 1086; of 6 March 1912, No. 849; of 16 May 1912, 
No. 556, for the application of the Emigration Act 
of 31 January 1901 (re-issued in 1919). 



1 Legislative Series, 1921 (Part II: Gr. 1). 
^ Ibid., 1920 (It. 1). 

— 147 — 



Japan. 



Law for the protection of emigrants. (Law No. 70, 
of 7 April, 29th year of Meiji (1896), as amended 
by Law No. 23, 34th year of Meiji (1901), Law- 
No. 4, 35th year of Meiji (1902), and Law No. 33, 
40th year of Meiji (1907). 

Detailed Regulations for the enforcement of the Law 
for the protection of emigrants (Ordinance No. 70 
of the Department of Foreign Affairs, 8 June, 40th 
year of Meiji (1907), as amended by Departmental 
Ordinance No. 4, 42nd year of Meiji (1909). 

Ordinance No. 1 of the Department of Foreign Affairs, 
15 March, 40th year of Meiji (1907). 

Netherlands. 

Act and Order of 1 June 1861, concerning the transit 
and transport of emigrants. 

Netherlands Indies. 

Order of 14 September 1914 concerning recruiting of 
natives from Java and Madura for work in commerce, 
agriculture, industry and public works abroad (with 
the exception of Dutch Guiana.) 

Order of 17 Julv 1883, for Curaqao, amended by 
Orders of 17 July 1919 and 18 March 1920, concern- 
ing : — 

(1) The hiring or recruiting of inhabitants of the colony 
for manual work abroad ; 

(2) Protection of the health and safety of persons who 
embark in large numbers on sailing ships with a view 
to leaving the colony. 

Order of 9 January 1887, concerning recruiting of native 
workers (re-issued in 1914). 

New Zealand. 

War Regulations Continuance Act, 1920. 



I 



Norway. 



Bankruptcy Act, 6 June 1863. 

Act of 22 May 1869, amended 5 June 1897, concerning 
emigration. 

— 148 — 



¥ 



Act of 12 June 1896, concerning employment and recruit- 
ing agencies. 
Act of 9 June 1903 concerning navigability of ships. 
Bill of 1915. 



Poland. 



Decree of 27 January 1919, setting up an emigration 
office and employment exchanges. 

Order of the Council of Ministers setting up the Emi- 
gration Council provided for by the Decree of 
27 January 1919. 

Decree of 22 April 1920, concerning the creation of an 
Emigration Office under the Ministry of Labour and 
Social Welfare. 

Decree of 26 July 1920, concerning the sale of third-class 
and steerage passage tickets. 

Order of 27 April 1920 concerning emigrants' passports. 



Portugal. 

Decree No. 5624 of 10 May 1919, concerning emigration. 
Regulations made under the Decree, No. 5886 of 19 June 

1919. 
Decree of December 1921, concerning the necessity 

for every Portuguese subject leaving the Republic 

to make a deposit. 

Russia. 

Emigration Bill, 19U. 

Kingdom of the Serbs. Croats and Slovenes. 

Legislative Decree concerning Emigration, 21 May 1921. 
Emigration Bill 1921. ^ 

I South Africa. 
Immigrants Regulation Act, 1913. 



[iSPAIN. 



Emigration Act of 21 December 1907. 
Provisional Regulation of 30 April 1908, made under 
the Act of 1907. 



1 The Bill has since become law. 

— 149 — 



Royal Decree of 6 November 1914, modifying the regula- 
tions of 30 April 1908, concerning passage tickets, in- 
spection, local migration committees, inspectors, com- 
plaints of emigrants, etc. 

Decree of 12 August 1912, concerning conditions of 
hvgiene on emigrant ships. 

Royal Decree of 23 September 1916, concerning the 
issue of an identity book for emigrants. 

Royal Decree of 2 March 1917, fixing the amount of 
compensation due to emigrants in the event of the 
ship's being delayed in saihng. 

Instruction of 30 April 1917, concerning the use of the 
identitv book for emigrants. 

Royal Decree of 16 May 1918, reorganising the emigra- 
tion service. 

Act of 29 April 1920, increasing the fees payable by foreign 
ships and freighters. 

Royal Decree of 5 August 1920, to authorise the perma- 
nent committe of the Superior Emigration Council 
to apply a part of its funds to the payment of 
premiums for the insurance of Spanish emigrants and 
immigrants against death or total permanent inva- 
lidity consequent upon shipwreck.^ 

Royal Order of 11 December 1920, concerning the 
establishment of emigrants' insurance in accordance 
with the rules hereinafter contained.^ 



Sweden. 



Royal Decree of 4 June 1884, modified on 28 Septem- 
ber 1893, and 8 July 1894, concerning the transport 
of emigrants. 

Order of 5 May 1916, concerning employment agencies. 

Act of 14 June 1917, restricting the emigration of per- 
sons having children in their charge. 



Switzerland. 



Article 34 of the Constitution of the Swiss Confederation, 
29 Mav 1874. 

Federal Act of 22 March 1888, concerning the opera- 
tions of emigration agencies. 

Circular of the Federal Council of 10 July 1888, on 
the same subject. 

Regulations of 10 July 1888, to carry out the terms 
of the Federal Act of 22 March 1888, concerning the 
operations of emigration agencies. 

Legislative Series, 1920 (Sp. 6-7). 

— 150 — 



Circular of the Federal Council of 12 February 1889, 
to all the States of the Confederation, concerning an 
amendment of the Federal Act of 22 March 1888. 

Order of the Federal Council of 12 February 1889, 
completing the regulations of 10 July 1888. 

Order of the Federal Council of 31 December 1900, 
on the organisation of the Federal Emigration Office. 

Circular of the Federal Emigration Office of 20 Octo- 
ber 1916, to all emigration agencies and to persons 
selling tickets for the journey. 

Order of the Federal Council of 17 May 1918, charging 
the Emigration Office with the duty of supervising 
the engagement and emigration of persons abroad. 



Turkey. 

Act of 1896 on emigration. 



151 



PART 11. 



LEGISLATION 

CONCERNING 

IMMIGRATION 



CHAPTER I. 



THE DEFINITION OF AN IMMIGRANT. 



It will be seen from the following notes that there is consid- 
erable variation in the definition of the term "immigrant'* 
in different countries. 



Argentina. 

According to the Immigration and Colonisation Act of 18 
October 1876, the term "immigrant" refers to any foreigner, 
whether labourer or skilled worker, whether engaged in industry 
or agriculture, or in a profession, less than 60 years of age 
and able to prove his morality and his skill, who goes to the 
Argentine Republic in order to settle there, either by sailing 
ship or by steamer, and who pays a second or third class fare, 
or receives a free ticket from the nation, or a province, or 
from private undertakings interested in immigration and colo- 
nisation. 



Australia. 

The Government states, in reply to the Questionnaire 
of the International Emigration Commission, that an immi- 
grant is a " person arriving in Australia to settle, excluding 
tourists." 



Austria. 

There is no legal definition of the term "immigrant" in 
Austria. The x\ustrian Government, however, in its reply 

— 155 — 



to the Questionnaire, suggests a definition for the term "emi- 
grant" and adds : "From this interpretation it is possible 
to deduce that of the immigrant". In the opinion of the Austrian 
Government the following persons would, therefore, be regarded 
as immigrants : — 

Persons who have left their own country to take up a per- 
manent residence in Austria or who have come to Austria 
temporarily in search of employment, and also members of 
their families who accompany them or join them. 



Bolivia. 

According to the Immigration Regulations of 18 March 
1907, the following are regarded as immigrants : — 

All foreign workers, whether agricultural or industrial, 
who are under 60, who can establish that their moral character 
and attainments are satisfactory and who intend to settle on 
Bolivian territorv. 



Brazil. 

A Decree dated 3 November 1911 lays down that the fol- 
lowing persons shall be admitted as immigrants: — "Foreigners 
who are under 60 years of age, are not suffering from contagious 
diseases, do not carry on any illegal occupation, are not known 
to be criminals, promoters of disorder, mendicants, or vagabonds, 
or to be insane or disabled, who land as second or third class 
passengers in a Brazilian port and who, while fulfilling the above- 
mentioned conditions, desire to benefit by the advantages 
allowed to new arrivals." 

Persons over 60 years of age and persons who are unable 
to work are not admitted unless they are accompanied by their 
families or have come to join the latter, and subject to the con- 
dition that there is at least one healthy person for each disabled 
person in the family, or for each one or two persons over 60 
years of age. 

If a distinction is made between that part of the above 
provisions which refers to conditions of admission and that 
which defines the term immigrants, it appears that the definition 
includes two points : the class by which the person concerned 
travels, and his desire to benefit by the special advantages 
allowed to immigrants. 

The reply of the Brazilian Government to the Questionnaire 
adds that in the State of Sao Paulo, which has an independent 
administration dealing with immigration, the following persons 
are regarded as immigrants : "Foreigners, whether unmarried 

— 156 — 



or forming part of a family, who arc under GO vears of age, 
who come to settle on the territory of the State in the capacity 
of agricultural workers or artisans, who can })rove that their 
moral character and attainments are satisfactory, and who 
have travelled third class," 



Canada. 

According to the reply of the Government to the Question- 
naire, an immigrant is "one who goes to Canada for the first 
time and intends to remain there permanently." Reference 
is also made in the reply to the text of the Immigration Act, 
1919, which states that "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 persons, 
hereinafter called 'non-immigrant classes' : — (1) Canadian 
citizens, and persons who have Canadian domicile ; (2) Diplo- 
matic and consular officers... ; (3) Officers and men, with their 
wives and families, belonging to or connected with His Majesty's 
regular naval and military forces ; (4) Tourists and travellers 
merelv passing through Canada to another country ; (5) Students; 
(6) Members of dramatic, artistic, athletic or spectacular 
organisations entering Canada temporarily for the purpose of 
giving public performances or exhibitions of an entertaining 
or instructive nature and actors, artists, lecturers, priests 
and ministers of religion, authors, lawyers, physicians, profes- 
sors of colleges and commercial travellers entering Canada for 
the temporary exercise of their respective callings ; (7) holders 
of a permit to enter Canada, in force for the time being. 



Colombia. 

The Immigration Decree of 18 November 1909 lays down 
that the term "immigrant" includes all foreigners who are 
engaged in any kind of occupation, who are over 10 and under 
60 vears of age, whose moral character and attainments are 
satisfactory, and who land on the territory of the Republic 
for the purpose of settling there. 



Great Britain. 

In the Aliens Act 1905, the expression "immigrant" means 
"an alien steerage passenger who is to be landed in the United 
Kingdom, but does not include : — 

— 157 — 



"(a) Any passenger who shows to the satisfaction of the 
immigration officer or board concerned with the case that 
he desires to land in the United Kingdom only for the purpose 
of proceeding within a reasonable time to some destination 
out of the United Kingdom ; or 

"(&) Any passengers holding prepaid through tickets to 
some such destination, if the master or owner of the ship by 
which they are brought to the United Kingdom, or by which 
they are to be taken away from the United Kingdom, gives 
security to the satisfaction of the Secretary of State that, 
except for the purposes of transit or under other circumstances 
approved by the Secretary of State, they will not remain in 
the United' Kingdom, or', having been rejected in another 
country re-enter the United Kingdom, and that they will be 
properly maintained and controlled during their transit." 



Dutch Guiana. 

The Order of 19 March 1863 states that an immigrant is a 
person who leaves his country of birth or of residence for the 
purpose of employment as a wage-earner in agricultural or 
industrial work, for a fixed number of years, in accordance with 
a contract. 



Luxemburg. 

The reply to the Questionnaire states that the term "immi- 
grant" includes 'persons of foreign nationality who arrive in 
the Grand Duchy for the purpose of settling there." 



Mexico. 

The Immigration Act of 22 Dece'mber 1908 is divided into 
two distinct parts. The first applies to all foreigners who wish 
to enter the territory of the Republic, while the second refers 
only to immigrant workers. 

According to Article 20 of the Act the term "immigrant 
worker" includes all foreigners who enter the country to engage 
temporarily or permanently in manual labour, and the members 
of their families. 



Paraguay. 

The Immigration Act of 1904 states that an immigrant 
is "an alien able to work, less than 50 years of age, and arriving 
in Paraguay with the intention of settling there." 

— 158 — 



Poland. 

According to the reply of the Polish Government to the 
Questionnaire the term "immigrant" inckides all persons who 
are not citizens of the Polish Republic by birth and who enter 
Poland for the purpose of earning their living by physical labour. 

United States. 

According to the reply of the Government to the Question- 
naire, "arriving aliens whose permanent domicile has been 
outside the United States and who intend to reside permanently 
in the United States are classed as immigrant aliens." 

Uruguay. 

The Act of 10 June 1890 regards the following persons as 
immigrants : — 

All foreigners of good repute and capable of work who 
arrive in the Republic by second or third class with the intention 
of settling there. 

Venezuela. 

According to the Act of 26 August 1894 the only persons 
regarded as immigrants are those whose fares to Venezuela 
have been paid by the Venezuelan Government. 

In the Act of 1918, the term "immigrant" means any 
foreigner of good conduct who is skilled in some particular 
trade, industry or profession, and who goes to Venezuela with 
the intention of settling there permanently. 

* 

* * 

In addition to the essential fact of arrival in a foreign country, 
these various definitions include the following four main dis- 
tinctive features either separately or together : — 

(1) permanent or temporary residence in the country. 

(2) occupation, or the intention to find employment. 

(3) certain conditions as regards transport. 

(4) the claim on the part of the foreign subject to benefit 

by certain advantages allowed to immigrants. 

These four factors are considered below. 

{1) Permanent or temporary residence in the country. 

The question raised by this factor in the definition of the 
term "immigrant" is whether permanent immigration only is 

— 159 — 



taken into account or whether temporary immigration is to be 
included. The latter appears to be the case in the Argentine, 
Austria, Great Britain, Mexico and Poland 

The definition of the term "immigrant" in the Argentine 
Act of 1876 includes no condition concerning permanent or 
prolonged stay in the country. All artisans or agricultural 
worker*s who arrive in the country as second or third class 
passengers are regarded as immigrants. 

The reply of the Austrian Government to the Questionnaire 
refers expressly to the temporary immigration of persons who 
go to Austria in search of employment for a certain time, in 
addition to permanent immigration. 

The British Aliens Act of 1905, which defines an immigrant 
as any steerage passenger landing in the United Kingdom, 
only excludes those passengers who immediately proceed to 
some other destination. 

In Dutch Guiana only temporary immigration is considered. 

In the case of Mexico temporary employment is expressly 
mentioned as well as permanent employment. 

In Poland all foreigners are regarded as immigrants if they 
arrive in the country to earn their living by physical labour. 

In Australia, Bolivia, Colombia, Luxemburg, Paraguay and 
Uruguay, the definitions include a condition as to settlement in 
the country, but it is not stated whether this includes temporary 
settlement or whether permanent settlement only is considered. 

The other four definitions (Brazil, Canada, United States, 
Venezuela), explicitly or implicitly lay down the condition 
of permanent settlement, and the purely temporary immigrant 
is excluded. 

The widest definitions are those of Austria and Luxemburg, 
which include all persons who arrive in the country in order 
to settle there. Then come the United States definition and 
that proposed by Austria, which merely lay down that the 
intention of the foreign subject must be to settle permanently 
in the country. 

All the other definitions include one or more other factors 
connected either with the occupation of the foreign subject^ 
his intention to find employment, or the conditions of transport. 



(2) Occupation or intention to find employment. 

In certain countries the term ''immigrant" is only applied 
in laws and regulations to certain occupations : — 

In Argentina, to artisans or agricultural workers ; in the 
State of S. Paulo (Brazil) to agricultural workers, day labourers, 
industrial workers or artisans ; in Bolivia to agricultural and 
industrial workers ; and in Dutch Guiana to agricultural and 
industrial workers under contract. 

— 160 — 



In other countries the only condition is intention on the 
part of the immigrant to earn his Hving at work of some kind. 
These countries include Austria (delinition proposed in reply 
to the Questionnaire as regards temporary immigration) ; 
Brazil (implicit consequence of the definition) ; Canada (with 
the exception of persons engaged in giving entertainments, 
the liberal professions, and commercial travellers) ; Colombia, 
Mexico and Poland (the two latter specify that the work in (jues- 
tion must be manual or physical) : Paraguay, Uruguay and 
Venezuela (implicit consequence of the definition). 

It is regarded as sufficient in Austria (proposed definition of 
temporary immigrants), in Mexico and in Poland, that the im- 
migrant should intend to find employment, irrespective of the 
length of time he intends to settle in the country and the 
conditions on which he made the voyage. 

The definitions given by Australia, Great Britain, Luxemburg 
and the United States lay down no conditions either as to the 
occupation of the immigrants or their intention of finding 
employment. 



(3) Transport conditions. 

The definition of the term '"immigrant'' includes conditions 
as to transport in the following countries : - 

Argentine (second or third class passengers) ; Brazil (second 
or third class passengers) ; Great Britain (steerage passengers) ; 
Uruguay (second or third class passengers) ; and Venezuela, 
according to the first definition, (fare paid by the Venezuelan 
Government) In no country, however, is this condition in 
itself sufficient for the definition of an immigrant ; the latter 
also includes either the intention of finding employment or 
the intention of settling permanently in the country, which in 
the case of Venezuela results implicitly from the payment of 
the fare by the Government. 

In some countries, however, such as Australia, Austria, 
Bolivia, Canada, Colombia; Dutch Guiana, Luxemburg, Mexico, 
Poland and the United States no conditions as regards transport 
are included in the definition. 



(4) Intention to profit by certain advantages. 

In two countries, Brazil and Dutch Guiana, the main or 
principal feature of the definition of the term "immigrant" 
is the intention to benefit by certain advantages allowed to 
immigrants. 

In Brazil immigrants in the legal sense are second and third 
class passengers who fulfil the necessary conditions for admission 
and Vwish to benefit by the advantages allowed to new arri\als." 

— 161 — 

11 



In Dutch Guiana, an immigrant, in the terms of the Act, 
must enter the country with a special contract of labour. 

In Venezuela immigrants, according to the Act of 1894, were 
persons whose fare was paid by the Venezuelan Government. 
In these countries, the intention of finding employment is 
of course implied as a condition of the enjoyment of these 
advantages. 

* * 

The remarks which have already been made concerning 
the definition of the term "emigrant" apply also to the defini- 
tion of the term "immigrant". The reason for the difference 
in the definition given by the various countries is that in some 
cases the definition is limited to a particular form of immi- 
gration : that of workers or that of all foreigners, of immgration 
under contract or free, permanent or temporary immigration, 
trans-oceanic or continental immigratioji, collective or individual 
immigration. It follows that these various definitions, or at any 
rate tlie factors which they include, should all be taken into ac- 
count in establishing an international definition of the term 
"immigration"; in other words it is necessary, according to the 
international measures which are proposed, to adopt a definition 
either limiting them to the immigrant worker or extending 
them to members of his family, applying them exclusively 
to immigrants who settle permanently in the country or includ- 
ing those who immigrate temporarily, covering those who 
arrive by sea or those who arrive by land, those who immigrate 
in groups, and those who immigrate individually, and those 
who come freely or those who come in virtue of a contract. 



It has been pointed out that it is necessary for the defini- 
tions of "emigrant" and "immigrant" to correspond. In spite 
of the differences between one country and another it may be 
said that generally speaking the same three principal elements 
are to be found in both : the intention to find employment, 
the duration of settlement in the country and conditions of 
transport. It thus follows that the definitions of emigration and 
immigration, which are two phases of the same phenomenon 
successively affecting the same individual, may without diffi- 
culty be made to correspond. 



162 



CHAPTER II. 



CONDITIONS OF ADMISSION, 



The immigration of aliens is not absolutely prohibited in 
any country. The right to emigrate, which the first part of this 
work has established as existing in principle, leads to and is 
to a certain extent complemented by the right to immigrate. 
But this latter right is even more strictly limited, and at the 
present time the admission of aliens in every country, and in 
particular of aliens classed as immigrants, is subjected to certain 
conditions. 

During the war the possession of a passport issued by the 
national authorities, with a visa of the representatives of the 
country to which the traveller intended to go, became compulsory 
for all international travelling. This regulation has survived 
the war, but is tending to be gradually relaxed. More and 
more Governments are agreeing to suppress the compulsory 
visa and even the passport for their respective nationals. There 
is no need to return here to what has been said in Part I 
(Chapter III) on the subject of the negotiations at present in 
progress between various authorities for the purpose of intro- 
ducing international regulation and for the ultimate abolition 
of passports and visas between certain countries ; nor is it 
necessary to enter into a detailed examination of the various 
national regulations relating to passports, although they apply 
to immigrants as to other travellers. A review is given of the 
special conditions of admission applying to immigrants, as 
defined for the various countries in the previous chapter. 

These conditions have been grouped under the eight follow- 
ing heads : 

(1) Police regulations, including those relating to moral 

character. 

(2) Regulations relating to the defence of the existing 

social order. 

— 163 — 



(3) Regulations relating to race, religion or nationalit}-. 

(4) Literacy tests. 

(5) Health regulations. 

(6) Regulations of an economic or occupational nature. 

(7) Restriction of the number of immigrants. 

(8) Various exceptions. 

In the group of police regulations will be found on the one 
hand those requiring the possession of certain papers, such as 
identity cards, certificates ■ of morality, special immigration 
passports ; on the other hand those excluding persons of bad 
character such as prostitutes, persons living on the proceeds 
of protitution, keepers of houses of ill fame or persons who 
have served certain sentences. 

The second category of conditions of admission relates to 
the maintenance of the existing social order. The profession 
of certain subversive doctrines or the furtherance of the 
overthrow of the existing order by violence, are considered as 
reasons for refusing admission in many countries. Other coun- 
tries, on the other hand, expressly exclude from the reasons 
for rejection all sentences for political crimes and offences, 
or even allow special privileges for persons so sentenced. 

The conditions relating to the race, religion or nationality 
of the immigrant constitute a third category, which covers 
the measures for exclusion taken by certain countries against 
certain racial or religious elements which for various reasons they 
do not admit as immigrants. 

Some countries are also particularly anxious not to lower 
the general cultural standard of their population by an influx 
of illiterate immigrants. The measures taken for this purpose 
form the fourth category of conditions of admission. 

The conditions grouped in these first four categories have 
all in common the characteristic of being chiefly inspired by 
care for the moral, intellectual, social or political protection 
of the immigration states. Others, as will be seen later, are 
rather of an economic character. Between the two groups 
are the conditions relating to the health of the immigrants 
which partake of the characteristics of both. On the one hand 
the governments refuse to admit immigrants carrying the germs 
of contagious diseases, in order to avoid contamination of the 
population of their countries ; on the other hand, they are 
inspired by motives of public economy when they also refuse 
persons suffering from certain non-contagious illnesses or 
disabled people who are likely to become a burden to the country 
of immigration. 

The sixth category includes the conditions of an economic 
character properly so-called. Provisions for excluding beggars 
or persons incapable, or deemed incapable, of earning their 
living, such as old men, will be considered under this head, 

— 164 — 



provisions requiring the possession of a certain sum of money 
enabling the immigrant to provide for his first needs before 
having obtained work, those requiring the immigrant to earry 
on certain trades or professions to the exclusion of others, 
the obligation to arrive in the country either without a previous 
engagement or, on the contrary, with a formal labour contract. 
Certain of these conditions may be either permanent or intermit- 
tent in character, that is to say, in the latter case they are ap- 
plicable or not according to the situation of the labour market, 
according to whether the industries of the country are wanting 
labour or whether, on the other hand, the workers of the country 
have to be protected against an excessive influx of foreign 
workers. 

Although the provisions recently introduced in the legis- 
lation of the United States for limiting the number of immigrants 
display this latter characteristic, they have been classed in a 
special category (limitation of the number of persons admitted), 
on account of the exceptional importance of their effects. 

The final section deals with special provisions which in 
certain eases accentuate or modify the conditions of admission 
and transform texts which are apparently rigid into measures 
which may be adapted to the economic or political needs of 
the moment. 

No special attention can be paid in the present work to the 
often voluminous legislation regulating the conditions of admis- 
sion and departure of sailors and the measures which have been 
adopted in many countries for preventing immigrants from 
assuming the character of deserting sailors. 



§ 1. Police Regulations, including those relating 
to Moral Character. 

Argentina. 

By the Regulation of 1916 immigrants are required to produce 
a certificate issued by the judicial authorities of their country 
of origin, with the visa of the Argentine consular representative, 
certifying that they have not been prosecuted during the past 
five years for any offence against public order, or for any grave 
crime. 

In accordance with a Decree dated 31 March 1919, the 
certificates issued by the judicial authorities may be replaced 
by other documents certifying to the Argentine authorities 
at the port of disembarkation the identity, the good conduct 
and general capabihtv of the imn)igrant. 

According to a Decree of 10 August 1921, foreigners are 
not admitted to the Argentine unless they possess, in addition to 
the documents indicated in previous decrees, a personal record 
to be drawn up by the Argentine Consul at the port of embarka- 
tion on presentation to the latter of the documents required in 

— 165 — 



accordance with the form approved by the General Immigration 
Department of the Argentine. These records are collected by 
officers of the Department on arrival at the Argentine port. 



Australia. 

According to the Immigration Act 1901-1920, the following 
classes are forbidden to enter the Commonwealth : — 

(a) Any person who has been convicted of a crime and 
sentenced to imprisonment for one year or more, unless five 
years have elapsed since the termination of the imprisonment ; 

{b) Any person who has been convicted of any crime involv- 
ing moral turpitude, but whose sentence has been suspended 
or shortened conditionally on his emigration, unless five years 
have elapsed since the expiration of the term for which he was 
sentenced ; 

(c) Any prostitute, procurer, or person living on the pros- 
titution of others ; 

{d) Any person who has been deported. 

The following classes are exempt from the above restric- 
tions : — 

(a) Any person holding an exemption certificate ; 

(b) Soldiers and sailors in the regular forces ; 

(c) The master and crew of any vessel during the stay of 
the ship in the Commonwealth. The members of the crew have, 
however, to produce an identification card if it is asked for 
by an officer. 



Bolivia. 

In accordance with the Regulation dated 18 March 1907, 
immigrants are required to produce a certificate as to moral 
character issued by the municipal authorities of their place 
of origin. 

A presidential Decree of 27 October 1921 states : "With a 
view to ensuring that, among the workers who enter the country, 
there are none who cannot be considered by their past life and 
conduct as healthy and useful immigrants, everyone desiring 
to enter the country must possess the following papers : — 

"(1) A passport issued by the country of origin, with a com- 
plete description of the immigrant and with finger prints, and 
having the visa of the Bolivian consul ; 

"(2) A medical certificate; 

— 166 — 



"(3) A declaration of the authorities of the country of origin 
proving that the emigrant has not been condcnnied or been 
the object of a judicial action during the previous five years ; 

"(4) A declaration of the same autlioritics that the person 
in question is engaged in an honourable occupation." 

Children accompanied by their parents have merely to 
show a medical certificate. * 



Brazil. 

In accordance with Art. 2 of the Regulations dated 3 Novem- 
ber 1911, aliens exercising an unlawful profession or recognized 
as criminals, agitators or vagabonds are not admitted to 
Brazilian territory. 

The Act of 11 January 1921 laid down more rigorous restric- 
tions on the entry of aliens into Brazil. The Government has the 
power to forbid the entry of any male alien who can be expelled 
from the national territory under Art. 2 of the Act/ and of 
every female alien who arrives in the country for purposes 
of prostitution. 

A draft Regulation of the National Labour Department ^ 
stipulates in Art. 117 that entry to Brazil would also be for- 
bidden to aliens who cannot present to the port or frontier 
authorities documents issued by the competent authorities 
of their country of origin, certifying as to their personal ante- 
cedents, and identity papers having attached thereto a photo- 
graph, finger prints and other indications of the bearer's iden- 
tity. All these documents must be stamped by the issuing 
authority and have the visa of the Brazilian Immigration 
Commissioner, or, failing this, of the Brazilian Consul at the 
port of embarkation. 

Canada. 

By the Immigration Act 1901-1920, an alien must arrive 
in Canada by continuous journey from the country of which 
he is a native or citizen, and upon a through ticket purchased 
in that country or prepaid in Canada. 

British subjects proceeding to Canada from the United 
Kingdom do not require a passport, ^ providing (a) that they 
land at a Canadian port, and (b) that they intend to remain 
permanently in Canada, but passports are necessary for pas- 
sengers proceeding via Canadian ports to the United States 
or other countries. Passengers other than British subjects 

1 See Chapter IV, Section 4. 

2 Diario Official, 23 July 1921. 

3 Canadian Government Immigration Regulations. Immigration 
Leaflet 30-A. 

— 167 — 



require passports or penal certificates or both, if the country 
from which they come dehvers such documents. 

The Minister of Immigration and Colonization may issue a 
written permit authorising any person to enter Canada without 
being subject to the provisions of the Immigration Act. Such 
permit remains in force for a specified period only, but it may 
at anj^ time be extended or cancelled by the minister in writing. 

The following are prohibited from entering Canada : — 

(a) Persons who have been convicted of, or admit having 
committed, any crime involving moral turpitude ; 

{b) Prostitutes and women and girls coming to Canada for 
any immoral purpose, and pimps or persons living on the avails 
of prostitution ; 

(c) Persons who attempt to bring into Canada prostitutes, 
or women or girls for immoral purposes ; 

(d) Persons who have been rejected at a Canadian port or 
who have been deported from Canada. 

All women from the British Isles going to Canada to settle 
must have an emigration permit from a Canadian Government 
emigration agent unless accompanied by husband, father, 
mother or such other relative as may be approved by the Super- 
intendent of Emigration for Canada in England. 



Chilp:. 

The Act of 12 December 1918 refuses admission to Chilian 
territory to foreigners who have been convicted of or are 
subject to prosecution for such offences against common law 
as are regarded as crimes by the Penal Code. 

Admission is also refused to persons carrying on illicit 
traffic or any traffic contrary to good morals or to public order 
in general. 



Colombia. 

In accordance with the Act of 18 November 1909, immigrants, 
in order to be allowed to enter Colombia, must prove that 
they are of good character and morals. The entry of vagabonds, 
persons convicted of crimes against common law, and escaped 
prisoners is forbidden. 

The law forbids immigration agents for Colombia to conclude 
contracts with persons not fulfilling the conditions prescribed 
by the emigration laws of their respective countries. This 
prohibition likewise applies to private persons or companies 
engaged in the transport of immigrants to Colombia. 

— 168 — 



The immigrant must shoAv the authorities at the port of 
disembarkation, if he has not already done so to the Consuls or 
competent immigration agents, his birth certificate and those 
of the persons accompanying him, and also certificates as to 
their state of health and moral character and as to his capabilitv 
in the employment in which he proposes to engage. 

Costa Rica. 

Immigrants coming under one of the following headings 
are rejected : — persons prosecuted for crimes or having been 
convicted of crimes, persons suspected of arson, even if the crime 
has not been proved, agitators, persons engaged in prosely- 
tising for certain religions, prostitutes, smugglers, inebriates, 
ether and morphia-maniacs and also all persons not having 
lawful means of support. 

Cuba. 

In accordance with a Decree dated 15 May 1902 (section 1), 
admission to Cuban territory is forbidden to persons convicted 
of grave crimes, or of offences against morality, to polygamists, 
to persons convicted of crimes or dishonourable offences having 
no political character, and to prostitutes. 

Ecuador. 

A Bill introduced in 1916 would refuse admission to the na- 
tional territory to persons convicted of crimes or offences proving 
their moral depravity, to polygamists, prostitutes or persons 
inciting others to prostitution, and to persons expelled from 
Ecuador as undesirable. 



Great Britain. 

The admission, supervision, and control of aliens are at 
present regulated by the Aliens Order 1920, made under the 
Aliens Restriction Act 1914 and the Aliens Restriction (Amend- 
ment) Act 1919. The provisions which under the former Act 
applied only when "imminent national danger or great emer- 
gency" had arisen were extended by the latter Act for a period 
of one year after that Act came into force. This measure has 
been re-enacted year by year, and the exercise of the powers 
conferred by it is no longer contingent upon the existence of 
any occasion of national danger or emergency. 

The Aliens Order, 1920 provides that an alien shall not 
land in the United Kingdom without the permission of an 
Immigration Officer and permission to land may not be given 
unless the alien complies with certain conditions. 

— 169 — 



Among these are the following : — 

(a) that he has not been sentenced in a foreign country for 
an extradition crime ; 

(6) that he is not the subject of a deportation order in 
force under the Act of 1914, or of an expulsion order under the 
Aliens Act 1905 ; 

(c) that he has not been prohibited from landing by the 
Home Secretary. 

The Home Secretary is further empowered to prescribe 
other requirements that must be fulfilled by an alien immigrant. 

Permission is, however, granted to an alien to land if he 
can prove to the satisfaction of an immigration officer : 

(1) That he holds a prepaid ticket to some destination 
out of the United Kingdom ; that the master or owner of the 
ship in which he arrived or by which he is to leave the United 
Kingdom has given security that (except for the purposes of 
transit or in other circumstances approved by the Secretary 
of State) the alien will not remain in the country ; that similar 
security is given that if he is rejected by another country he 
will not re-enter the United Kingdom ; and that he will be 
properly maintained and controlled during transit ; or he must 
be able to prove — 

(2) That having taken his ticket in the United Kingdom 
and embarked direct therefrom for some other country after 
a period of residence in the United Kingdom of not less than 
six months, he has been refused admission to that country and 
has returned direct therefrom to a port in the United Kingdom. 

All aliens other than seamen coming to the United Kingdom 
must land at an approved port. 

British Colonies,Pr.otectorates,and Mandated Territories. 

It is stated in the replies of the British Government to a 
questionnaire sent by the League of Nations on the subject of 
the traffic in women and children that many British Colonies, etc. 
prohibit the admission of immigrants who are prostitutes, or 
are persons, either men or women, living on or receiving, or 
who may have lived on or received, the proceeds of prostitution, 
or who hire or have hired women for purposes of prostitution, 
or who receive or have received money from establishments 
where prostitution is carried on. 

This is the case, for instance, in Northern and Southern 
Rhodesia, Tanganyika, Zanzibar, and the Bermuda Islands. 

Guatemala. 

The Act of 30 April 1909 lays down that criminals and per- 
sons of bad character may not be admitted as immigrants. 

— 170 — 



HONDUEAS. 

The Act of 8 February 1906 forbids the admission of persons 
of bad morals. 

Mexico. 

The Act of 22 December 1908 refuses admission to Mexican 
territory to escaped prisoners and to fugitives condemned for 
a crime involving imprisonment of more than two years, accord- 
ing to Mexican law, with the exception of fugitives condemned 
solely on account of political offences or for military reasons. 
The following are also forl)idden to enter Mexico: prostitutes and 
persons seeking to introduce prostitutes into the country, in 
order to traffic in them or live on their earnings. 

Aliens who have stayed more than three years on Mexican 
territory, and who return there after less than one year's absence, 
are treated as Mexican citizens for the purpose of the Immi- 
gration law. 

New Zealand. 

By the Immigration Restriction Act 1908, as amended 
by Act No. 16 of 1910, any person who arrives in New Zealand 
less than two years after the termination of any imprisonment 
suffered by him for an offence which, if committed in New 
Zealand, would be punishable by death or imprisonment for 
two years or upwards, not being a mere political offence and no 
pardon having been granted, is prohibited from landing. 

By the Immigration Restriction Amendment Act 1920, 
all persons, unless they are of British birth and parentage, 
require a permit to enter New Zealand. The Governor-General 
may, however, by Order-in-Council, declare that this require- 
ment shall not apply to particular nations or peoples. 

Application for a permit must be made in the prescribed 
form and sent to the Minister of Customs. On this form the 
applicant must state his reasons for desiring to settle in New 
Zealand, the business or occupation he proposes to undertake, 
his birth and parentage, the number and ages of his family if 
they are to accompany him, his means, and such other details 
as may be required. The Minister of Customs has the right 
to grant or to refuse permits. 

A permit may be granted subject to such conditions as may 
be prescribed by regulations, or as may be imposed by the 
Minister ; it may include the wife of the applicant, and -one or 
more members of his family. 

The Act of 1920 stipulates that every person who is a British 
subject must on arrival in New Zealand take the oath of alle- 
giance. Other persons arriving in New Zealand must take the 
oath of obedience to the laws of New Zealand. Persons refusing 
to take the oath are deemed to be prohibited immigrants. 

— 171 — 



A person shall not be exempt from these provisions by reason 
that he is domiciled in New Zealand, or that he is returning 
to NeAV Zealand, or that he has on some previous arrival in 
New Zealand taken the oath required in his case by the Act. 

Panama. 

Section 17 of Act No. 32 of 19 December 1914 states that 
entry into Panama is free to all foreigners, without distinction 
of race or nationality, with the exception of certain cate- 
gories, viz., fugitive criminals, adventurers or vagabonds of 
recognized bad character, etc. 

Paraguay. 

According to the Act of 9 October 1903, immigrants must 
give proofs as to their moral character. In no case can Para- 
guayan consuls or immigration agents issue certificates in 
favour of convicted persons or of persons who are the object 
of any legal prosecution. 

Peru. 

The Act of 22 September 1920 forbids the entry into Peruvian 
territory of vagabonds, persons devoting themselves to prosti- 
tution and persons condemned to imprisonment, if they have 
not finished their term or if two years have not elapsed since 
their release. 

These regulations do not apply to persons condemned or 
prosecuted for political or religious motives, nor to those seeking 
refuge on Peruvian territory to save their lives, nor to those 
who, after having resided six months in the Republic and 
having gone to another country, are expelled therefrom. 

Salvador. 

A Decree of 5 October 1914 refuses admission to the territory 
of Salvador to keepers of houses of ill-fame, pickpockets, vaga- 
bonds, prostitutes and beggars. 

Persons wishing to enter the territory of Salvador must 
present certificates of identity and good character to the com- 
petent authorities. 

South Africa. 

Under the Immigrants Regulation Act of 1913, no person 
is permitted to land who, from information received from any 
government, whether British or foreign, is deemed by the com- 
petent Minister to be undesirable. In particular, all persons 
living on prostitution or convicted of a criminal offence are 
refused admission or expelled after admission. 

— 172 — 



The examination for the admission of immigrants takes 
place on arrival in the Union, and the High Commissioner 
of South Africa in London has no power to grant permits to 
land or exemptions to the law. On the other hand, the local 
authorities may issue to any immigrant who does not fulfil the 
stipulated conditions a temporary permit which will allow 
him to enter and reside in the Union. 

Finally, reference has already been made in our study of 
the general passport regulations to the fact that a special permit 
is issued, which is intended to facilitate the admission of persons 
to the territory of the Union who have previously lived in the 
country. Persons to whom a permit of this kind has been 
issued by the immigration officers may return to South Africa 
within a period of three years after the issue of the permit 
without being affected by the restrictions on admission laid 
down bv law. 



Switzerland. 

The Federal Order of 29 November 1921 lays down that 
foreigners entering Swiss territory must have a passport or, 
in exceptional cases, equivalent identity papers provided 
with the photograph of the bearer. These papers must indicate 
the nationality of the bearer and prove that he is free at 
all times to return to his country of origin or to the state where 
he last resided. The identity paper of the foreigner must be 
provided wdth a visa by the competent Swiss authority. The 
visa only gives the right to cross the frontier. 

The legations and consulates are required to submit to the 
Central Police Office for Foreigners, together with a detailed 
notice, all applications for crossing the frontier presented by 
foreigners who do not possess valid identity papers issued by 
their country of origin and recognised by Switzerland.^ 

United States. 

The Immigration Act of 5 February 1917, "regarding 
immigration of aliens to and residence of aliens in the United 
States" repealed all prior acts or parts of acts inconsistent 
with the new law. 

The United States Congress also passed "an act to' limit 
the immigration of ahens into the United States" which was 
approved by the President on 19 May 1921. The provisions of 
this Act are in addition to the provisions of existing laws, 
conventions or treaties of the United States relating to the 
immigration, exclusion, or expulsion of aliens. 

1 Cf. Chapter II, Section 6. 

— 173 — 



According to the Act of 1917 no person is allowed to come 
to the United States who has been convicted of or admits 
having committed a felony or other crime or misdemeanour 
involving moral turpitude ; polygamists, or persons who prac- 
tice polygamy or beheve in or advocate the practice of poly- 
gamv ; prostitutes or persons coming into the United States 
for tile purpose of prostitution or for any other immoral purpose ; 
persons who directlv or indirectly procure or attempt to procure 
or import prostitutes or persons for the purpose of prostitution 
or for any other immoral purpose ; persons who are supported 
by or receive in whole or in part the proceeds of prostitution ; 
persons who have been deported under any of the provisions 
of this Act, and Avho may again seek admission within one year 
from the date of such deportation, unless prior to their re-em- 
barkation at a foreign port or their attempt to be admitted 
from foreign contiguous territory the Secretary of Labour 
consents to their reapplying for admission ; stowaways, except 
that any such stowaway, if otherwise admissible, may be 
admitted in the discretion of the Secretary of Labour. 

In cases in which aliens who are excluded from permanent 
entry on these grounds apply for the privilege of entering 
the United States temporarily, they are required to show that 
their temporary entry is an urgent necessity or that unusual and 
grave hardship would result from a denial of their request. 
A bond, a cash deposit, or other equally satisfactory assurance 
that such ahen will depart in due course from the United States 
is exacted by the department in every instance. 

Ahens who have lived in the United States continuously 
for seven years may be readmitted after a temporary absence 
abroad, under such conditions as the department may prescribe. 
An absence not exceeding six months shall be deemed a "tem- 
porary absence." 



Uruguay. 

A Decree of 18 January 1915 forbids the disembarkation 
of persons not in possession of a passport or other document 
proving that they had authority to embark in their country of 
origin, and of persons devoting themselves to itinerant occupa- 
tions or working in temporary buildings, which might, in the 
opinion of the immigration authorities, be dangerous to the pop- 
ulation, either through the nature of the business itself or 
through the lack of sanitary conditions. 

Section 9 of the Act of 1890 lays down that the immigrant, 
on arriving in Uruguay, must produce a certificate of good 
character issued or visaed gratis by the Uruguayan consular 
agent at the port of embarkation. 

— 174 — 



Venezuela. 

The Act of 26 June 1918 forbids the entry of criminals, 
persons whose imniorahty is well-known, and persons without a 
trade or honourable calling. The good conduct of the immi- 
grant must be proved by a certificate of the Consul, the immi- 
gration agent, or the local authorities. Persons who have been 
condemned for crime, other than political crime, are prohibited 
immigrants. 



2. Regulations relating to the Defence of the Existing 
Social Order. 

Argentina. 

The entry of persons convicted of offences against the 
social order is forbidden. 



Australia. 

According to the Act of 1920, any person who advocates 
the overthrow by force or violence of any established Govern- 
ment or of all forms of law, who advocates the abolition of 
organised government, the assassination of public officials 
or the unlawful destruction of property, or who is a member 
of any organisation which entertains and teaches any of the 
doctrines and practices specified in this paragraph, is excluded. 

Canada. 

According to the iVct of 1919, the following classes are 
prohibited from entering the country : — 

Persons who believe in the overthrow by force or violence 
of the Government of Canada or of constituted law and authority, 
who disbelieve in organised government, who advocate the 
assassination of public officials or the unlawful destruction 
of property ; 

Persons who are members of any organisation entertaining 
or teaching disbelief in organised government, or the duty, 
necessity, or propriety of the unlawful assaulting or killing 
of officers of any organized government, because of their official 
character, or advocating the unlawful destruction of property ; 

Persons guilty of espionage with respect to His Majesty 
or any of His Majesty's allies ; 

Persons who have been found guilty of treason for an offence 
in connection with the war, or of conspiring against His Majesty, 
or of assisting His Majesty's enemies during the war, or of any 
similar offence against any of His Majesty's allies ; 

— 175 — 



Persons who at any time within a period of ten years from 
1 August 1914 were or may be deported from any part of the 
British Empire or from any alhed country on account of treason 
or of conspiring against the King, or of any similar offence in 
connection with the w^ar against any of the aUies of Great 
Britain, or because such persons were or may be regarded as 
hostile or dangerous to the alhed cause during the war. 






Chile. 



The admission of persons who disturb or attempt to bring 
about the disturbance of the social or political order by vio- 
lence is prohibited. 

Persons are forbidden to reside in the country if they, in 
any manner whatsoever, propagate doctrines incompatible 
with the unity or individuality of the nation. 



Colombia. 

All persons who advocate or carry on propaganda in favour 
of disobedience to the authorities or laws of the country, or who 
preach the overthrow by violence of the constitutional govern- 
ment, as well as anarchists, communists and those who com- 
mit offences against property, are refused admission. 

Costa Rica. 

Anarchists or members of associations whose aim is to carry 
on agitation among the working classes are excluded. 

Ecuador. 

A Bill of 1916 proposed to refuse admission to persons 
supporting the overthrow b}^ violence of the constituted Govern- 
ment or of all forms of law, or supporting the assassination 
of public officials. 

Honduras. 

The Aliens Act, dated 8 February 1906, forbids the entry 
into Honduras of persons dangerous to public order. 

Mexico. 

Persons who preach the doctrine of the destruction of govern- 
ments by force or the assassination of officials are not admitted. 

— 176 — 



Panama. 

The legislation of Panama forbids the admission ol' aiuu-cliists. 

United States. 

Under the Act of 1917, the following are excluded from the 
United States : 

Anarchists ^ ; persons who advocate the overthrow by force 
or violence of the Government of the United States, or of all 
forms of law ; who are opposed to organised government ; 
who advocate the assassination of public officials, or the unlaw- 
ful destruction of property. 

It is, however, specifically laid down that the Act shall not 
exclude persons, if otherwise admissible, convicted, or who 
admit the commission, or who teach or advocate the commission, 
of an offence purely political. 

3. Regulations relating to Race, Religion or Nationality. 

Argentina. 

The entry of gipsies is forbidden. 

Australia. 

With a view to restricting the immigration of Asiatics 
and other coloured persons into Australia, the Commonwealth 
Parliament passed the Immigration Restriction Act in 1901, 
which provides that any person, who, when asked to do so 
by a public officer, fails' to write out from dictation and sign 
in the presence of the officer a passage of fifty words in any 

1 The Act of 16 October 1918, amended by the Act of 5 June 1920 
gives particulars as to the exchision and expulsion of aliens who are members 
of the anarchistic and similar bodies. In addition to foreign anarchists, 
all persons are excluded who are members of an organisation advocating 
opposition to all organised governments, all who supi^ort doctrines aiming 
at the overthrow bv force or violence of the Government of the United 
States, or of anv other organised Government, or who advocate th6 assas- 
sination of anv officer of the United States or other organised Government, 
or the unlawful destruction of property or sabotage. Aliens who write, 
or cause to be written, or distribute or print publications of the above 
character, or who are members of organisations for the publication or 
printing of such matter, are considered equivalent to anarchists. Ihe 
donation or promise of monev or other articles of value for these purposes 
is considered adequate proof" that a person supports anarchis-t doctrines, 
or belongs to anarchist organisations. 

— 177 — 



prescribed language, is prohibited from landing in Australia. 
Certificates of exemption are granted in certain cases; members 
of the military and naval forces, as well as the master and crew 
of any public vessel of anv government, are excepted. 

The Act of 1920 prescribes that, until the Governor General 
determines otherwise, no person who, in the opinion of an 
officer, is of German, Austro- German, Bulgarian or Hungarian 
parentage and nationality, or is a Turk of Ottoman race, is 
allowed to enter the Commonwealth. 

By the War Precautions Act Repeal Act 1920, a British 
subject is prohibited from entering the Commonwealth if, 
upon being required to make and subscribe an oath or affirmation 
of loyalty, he fails to do so. 

Under the Pacific Island Labourers' Act 1901-1906, no 
Pacific Island labourer may enter Australia. The term Pacific 
Island labourer includes all natives not of European extraction 
of any island, except the islands of New Zealand, situated in the 
Pacific Ocean beyond the Commonwealth. 

The Minister may grant a certificate to any Pacific Island 
labourer excepting him from all or any of the provisions of 
the Act. 

A certificate under this section is issued only to a Pacific 
Island labourer who proves to the satisfaction of the Minister : 

(1) That he was introduced into Australia prior to Sep- 
tember 1879 ; or 

(2) That he is of such extreme age, or is suffering from 

such bodily infirmity, as to be unable to obtain a 
livelihood if returned to his native island ; or 

(3) That having been married before 9 October 1906, 

to a native of some island other than his own, he 
cannot be deported without risk to the life of either 
himself or his family ; or 

(4) That he was married before 9 October 1906 to a female, 

not a native of the Pacific Islands; or 

(5) That he was on 1 July 1906, and still is, registered as 

the beneficial owner of a freehold in Queensland ; or 

(6) That he was continuously resident in Australia for a pe- 

riod of not less than twenty years prior to 31 De- 
cember 1906. 

The Minister may order a Pacific Island labourer who is 
not in possession of such a certificate to be deported from 
Australia. 

Canada. 

By the Immigration Act the Governor-General in Council may 
prohibit or limit in number the landing in Canada of immigrants 
belonging to any nationality or race, by reason of any economic, 

— 178 — 



industrial or other condition temporarily existing in Canada, 
or because unsuitable, having regard to the climatic, industrial, 
social, educational, labour and other conditions or requirements 
of Canada, or because such immigrants are deemed undesirable 
owing to their peculiar customs, habits, modes of life and 
methods of holding property and because of their probable 
inability to assume the duties and responsibilities of Canadian 
citizenship within a reasonable time after the entry. 

In virtue of this provision, two Orders in Council were 
issued on 9 June 1919 prohibiting the landing (1) of any immi- 
grant of the Doukhobor, Hutterite, or Mennonite class, (2) 
of immigrants who were alien enemies during the last war. 
This last provision does not apply to races or nationalities, tech- 
nically and formerly subjects of Germany, Austria-Hungary, Bul- 
garia, or Turkey who have declared their independence, or whose 
independence is recognised by the Peace Conference, or whose 
government is placed under the control of a Mandatory Power. 

Regulations made by the Governor-General in Council under the 
Act may provide as a condition to permission to land in Canada 
that immigrants and tourists must possess in their own right 
money to a prescribed minimum amount, which may vary 
according to the race, or occupation, or destination of the 
person concerned, and otherwise according to circumstances. 

In virtue of this provision, an Order in Council was issued 
on 7 January 1914 to the effect that from that date no immigrant 
of any Asiatic race would be permitted to land in Canada 
unless he possess in his own right money to the amount of at 
least 200 dollars. This regulation does not apply to countries 
with w^hich there is in operation a special treaty, convention, 
and arrangement inconsistent with it. 

By the Chinese Immigration Act every person of Chinese 
origin, or whose father was of Chinese origin, irrespective 
of allegiance, has to pay, on entering Canada, a tax of five 
hundred dollars, the only exceptions being official representa- 
tives, merchants, tourists, men of science, duly certified teachers, 
clergymen, students, and Canadian-born children of Chinese 
origin who have gone abroad for purpose of study. 

No person of Chinese origin passing through Canada in 
transit is allowed to pay the tax imposed by the Chinese Immi- 
gration Act, or to remain in Canada. 

Every person of Chinese origin who wishes to leave Canada, 
with the declared intention of returning thereto, must give 
written notice of such intention to the controller of custwns 
at the port or place whence he proposes to sail or depart ; this 
notice must contain the name of the foreign port or place which 
such person wishes to visit, and the route he intends taking, 
both going and returning. 

With Japan an arrangement, hitherto confidential, has been 
concluded on the subject of admitting, as immigrants, certain 
subjects of that country. 



179 



The regulations contained in the Order in Council of 9 ' 
May 1910, which permits the immigration of female domestic 
servants, farm workers, and relatives of persons residing in 
Canada do not applv to immigrants belonging to any Asiatic 



race 



By an Order in Council, dated 7 January 1914, issued under 
Section 38 of the Act, the landing in Canada is prohibited of 
any immigrant who has come to Canada otherwise than by 
continuous journev from the country of which he is a native 
or naturaUzed citizen, and upon a through ticket purchased 
in that country, or prepaid in Canada. 

An Order in Council of 9 June 1919 (P.C. 1202) prohibits 
the landing at the ports of British Columbia of any skilled or 
unskilled labourers. 

These regulations are of such a nature as to apply parti- 
cularly to immigrants of certain countries or races who can 
hardly arrive otherwise than by indirect journey or by way 
of the Pacific ports. 

Costa Rica. 

The law forbids the entry into the national territory of 
persons of Asiatic race and also of gipsies, with the exception 
of consular or diplomatic agents and of naval officials who, 
for purposes of transit or in the exercise of their official duty, 
find it necessary to enter Costa Rica. This prohibition refers 
in particular to' Arabs, Turks, Armenians and Syrians. 

Section 3 of the Act of 20 July 1896 permits the executive 
power to take similar steps against persons of other nationality. 

Cuba. 

Order No. 155 of 15 May 1902 (Section 7) forbids the im- 
migration of Chinese. By Section 4 of the Act of 3 August 1917, 
this prohibition was suspended, but this suspension was only 
to have effect for a period of two years after the end of the 
state of war existing at the time of its publication. 

Ecuador. 

By a Decree of 14 September 1889, the Republic of Ecuador 
prohibited the admission of Chinese to the country, but those 
who were already there were allowed to stay, subject to the 
Government's power of expulsion. 

Great Britain. 

The admission of former enemy aliens is subject to special 
statutory restrictions imposed by Section 10 of the Act of 

— 180 — 



1919, under which they are prohibited from landing in the 
United Kingdom for a period of three years from 23 December 
1919 except by permission of the Secretary of State ; such 
permission is only to be granted on special grounds and to be 
limited to a period of three months renewable on similar grounds 
for a like period. 

Guatemala. 

The entry, of Asiatics in general is forbidden. 

Haiti. 

The entry of gipsies is forbidden. 

India. 

Former enemy subjects are prohibited from entering India for 
a period of five years from the conclusion of the war. Exceptions 
are, however, allowed, and are made more freely in the case of 
Austrians and Bulgarians. As regards Asiatic Turks, the prohi- 
bition is generally relaxed, subject to conditions or exceptions 
in individual cases or classes. 

New Zealand. 

Under the Immigration Restriction Amendment Act 1920, 
no person other than a person of British birth and parentage 
may enter New Zealand unless he is in possession of a permit. 

Application must be made for the permit to the Minister 
of Customs, and must be sent by post from the country of 
origin of the applicant, or from the country where the appli- 
cant has resided for at least one year. 

A person is not considered to be of British birth and pa- 
rentage by reason that he or his parents are naturalised Bri- 
tish subjects, or by reason that he is an aboriginal native, or 
the descendant of an aboriginal native of any dominion other 
than the Dominion of New Zealand or of any colony or other 
possession or of any protectorate of Great Britain. 

The Governor-General may, by Order in Council, declare 
that the provisions relative to the permit shall not apply to 
certain nations or peoples. The Minister of Customs may exempt 
from the requirements referred to above any person or class of 
persons entering or desiring to enter New Zealand. 

Bv the Act of 1908, any Chinese proposing to land in -the 
Dominion must be able to^ead a printed passage of not less 
than one hundred words of the English language. - 

Under the Act of 1919 no person who has at any time been 
a subject of the State of Germany or of Austria-Hungary as 

1 See Chapter II, Section 1. 

— 181 — 



those States existed on 4 August 1914, and no alien born in 
any place which on that date was within the limits of the German 
Empire in Europe or within the limits of the monarchy of 
Austria-Hungary, may land in New Zealand without a Ucence 
issued by the Attorney-General. 

This does not apply to an ahen who at the time when he 
arrives in New Zealand is already domiciled there and has not 
been absent for a longer period than two years. 

Panama. 

The Act of 1914 did not change the regulations concerning 
the admission of Chinese, Syrians, Turks and North-Africans 
of Turkish race included in the Act of 24 March 1913. According 
to the latter, the entry of aliens of these races into the RepubHc 
of Panama is forbidden. Persons belonging to the above men- 
tioned races who enter in spite of the prohibition, can be 
condemned to work on public works for a year and be deported 
after undergoing their penalty. If persons of the said races 
arrive in Panama in transit on their way to other countries, 
they are obliged to submit to the measures taken in regard to 
them by the Government during their stay in the country. 
This prohibition applies also to persons belonging to the said 
races, who have been naturalized in another country. Diplo- 
matic and consular agents belonging to the races in question 
are exempt. Any person within the scope of this prohibition, 
who wishes to visit the country as a tourist or for the pur- 
poses of study, can be admitted (Article 40 of the Regulations 
dated 31 May 1913) on condition that he obtain previously 
a written authorisation from the Secretary for Foreign Affairs, 
that he present a certificate of identity issued by a diplomatic 
or consular agent of Panama, or, failing this, by the agent of a 
friendly nation, and accredited in the country of origin of the 
visitor, and that he furnish, on his arrival, a cautionary payment 
of 300 balboas^ as guarantee that he will leave the country 
within three months. 

The entry of gipsies is forbidden. 

Paraguay. 

Persons of yellow or black races, and gipsies, are not ad- 
mitted. 

Peru. 

The Decree of 14 May 1909 suspended the immigration 
of Chinese. This Decree resulted in difficulties between China 
and Peru, and a protocol was signed on this matter between 
the two countries on 28 August 1909. 

^ One balboa = one dollar. 

— 182 — 



Salvador. 

Nationals of the other four Central American republics are 
exempt from the obligation to have $ 100 on their arrival in 
Salvador. 



South Africa. 

The Immigrants' Regulation Act 1913 applies equally 
to all races, classes and religions, but by Section IV (1. a) the 
Minister of the Interior is empowered to certify as prohibited 
immigrants persons or classes of persons whose presence for 
economic or other reasons is considered undesirable. Use has 
been made of this power to prohibit the immigration of all 
Asiatics except the wives and young children of domiciled 
residents, nor are resident Asiatics allowed to change their 
province. 

Some exceptions to this rule in favour of certain classes of 
Asiatics who were domiciled in the Transvaal before 1902 are, 
however, allowed, so that the immigration of adult male Asiatics 
is not completely prevented. ^ 



United States. 

According to the Act of 1917, but subject to the reservation 
that special treaties have not been concluded, persons coming 
from what is known as the Asiatic barred zone ~ are not admitted 
unless they are Government officers, ministers, religious teachers, 
missionaries, lawyers, physicians, chemists, civil engineers, 
teachers, students, authors, artists, merchants, travellers for 
curiosity or pleasure, or their legal wives or minor children ; 
but if any such persons fail to maintain in the United States 
a status or occupation placing them within the accepted classes, 
they are liable to deportation. 

1 Official Year-Book of the Union of South Africa, 1910-1918, Pretoria 
1920, pp. 182-189. 

2 This refers to persons who are natives of islands not possessed by 
the United States adjacent to the continent of Asia, situate south of the 
twentieth parallel of latitude north, west of the one hundred and sixtieth 
meridian of longitude east from Greenwich, and north of the tenth parallel 
of latitude south, or who are natives of any country, province or depen- 
dency situate on the continent of Asia west of the one luindred and tenth 
meridian of longitude east from Greenwich, east of the fiftieth meridian 
of longitude east from Greenwich, and south of the fiftieth parallel of latitude 
north, except that portion of said territory situate between tlie fiftieth and 
the sixty-fourth meridians of longitude east from Greenwich and the twenty- 
fourth and thirty-eighth parallels of latitude north. 

— 183 — 



With regard to Japanese immigrants, it may be stated that 
the pohcy of the Japanese Government has always been opposed 
to the emigration of workers of that country to the continental 
United States. About 1906, however, it was observed ^ in the 
United States that passports issued to Japanese workers for 
Hawaii, Canada or Mexico had been used to evade this policy 
and procure admission to the United States. As a result the 
President of the United States issued a proclamation on 14 
March 1907, prohibiting Japanese and Korean labourers from 
admission to continental United States if they had received 
passports for Mexico, Canada or Hawaii and came from these 
countries. 

In order to put this measure into operation, a lengthy corres- 
pondence took place between the American Embassy at Tokio 
and the Japanese Ministry of Foreign Affairs. An agreement 
was entered into with Japan, which has neither been incorpor- 
ated in a Treaty nor drawn up as a formal diplomatic instrument. 
This is the "gentlemen's agreement", by which the Japanese 
agreed to introduce certain voluntary restrictions on emigration. ^ 

According to this agreement, the existing policy of Japan 
of discouraging emigration of its subjects of the labouring 
classes to continental United States was to be continued, and 
was, by co-operation of the Governments, to be made as effective 
as possible. "This understanding contemplates that the Japanese 
Government shall issue passports to continental United States 
only to such of its subjects as are non-labourers, or are labourers 
who in coming to the continent seek to resume a formerly 
acquired domicile, to join a parent, wife, or children residing 
there, or to assume active control of an already possessed inter- 
est in a farming enterprise in this country : so that the three 
classes of labourers entitled to receive passports have come to be 
designated 'former residents', 'parents, wives, or children 
of residents,' and 'settled agriculturalists.' 

"With respect to Hawaii, the Japanese Government of 
its own vohtion stated that, experimentally at least, the issu- 
ance of passports to members of the labouring classes proceeding 
thence would be limited to 'former residents', and 'parents, 
wives, or children of residents.' The said Government has also 
been exercising a careful supervision over the subject of emigra- 
tion of its labouring class to foreign contiguous territory." ^ 

The understanding with regard to Hawaii also specified 
that the Japanese Government would not depart from the 

1 Report of the United States Commissioner General of Immigration 
for 1908, p. 125. 

2 Labor Problems in Hawaii. Hearings before the Committee on Immi- 
gration and Naturalization, House of Representatives, U.S.A. of 22 July 
1921. Statement of Mr. J.V.A. MacMurray, Chief of Division of Far Eastern 
Affairs, State Department, p. 553. 

3 Report of the Commissioner-General of Immigration, 1908, p. 125. 

— 184 — 



policy outlined above without ascertaining from an American 
official source the labour conditions in the islands. ^ 

Since then the Japanese Government has vohuitarily 
limited the emigration of its nationals to the United States. 
Certain provisions have further been included in American 
legislation for preventing any modification of such voluntary 
restriction by the introduction of new practices. Thus the Act 
of 1917 contains a proviso prohibiting '"the emigration to the 
United States of natives of the Asiatic barred zone as well as 
all aliens now in any way excluded or prevented from entering 
the United States.''' 

In the Act of 1921 fixing the percentage of admissible 
immigrants, there is a statement to the effect that this 
measure shall not apply to aliens whose innuigration is 
regulated by treaties or agreements dealing exclusively with 
immigration, nor to aliens from the so-called Asiatic barred zone. 

The Treaty of Commerce between the United States and 
Japan contains the following final declaration : — 

"In proceeding this day to the signature of the Treaty of 
Commerce and Navigation, the undersigned has the honour to 
declare that the Imperial Japanese Government are fully 
prepared to maintain with equal effectiveness the limitation 
and control which they have for the past three years exercised 
in regulation of the immigration of labourers to the United 
States. 

(signed) Y. Uchida." 



Owing to discontent in the United States at the large num- 
ber of "picture brides" ^ and adopted children brought over 
from Japan, negotiations were commenced on this question in 
1920, and the Japanese Ambassador at Washington promised 
that the immigration of picture brides and adopted children to 
the United States would be forbidden in future. 

This prohibition is strictly enforced in the United States, 
but it does not extend to Hawaii, although the gentlemen's 
agreement applies there. 



^ Labor Problems in Hawaii : op. cit., pp. 928-929 : Letters of 
Mr. Huo;hes, Secretary of State, to Mr. Albert Johnson, Chairman of the 
Committee on Immigration and Naturalisation of the House of Represen- 
tatives, 16 August 1921. 

2 The name " picture brides " is given to Japanese women Avho are 
married to immigrants by proxy, after having sent them a ])hotograph. 
These marriages are celebrated in Japan, and, as soon as the ceremony 
is over, the young wife embarks for the L'nited States to join her husband, 
whom she does not know except for the photograph. Similarly, children 
are adopted in Japan by immigrants in the United States, and they travel 
to the latter country to join their "parents". 

— 185 — 



The Immigration Treaty concluded in 1881 with China, 
which is still in force, provides that whenever in the opinion 
of the Government of the United States the coming of Chinese 
labourers to the United States or their residence therein affects 
the interests of that country or endangers good order, the 
Government of China agrees that the Government of the United 
States may regulate, limit or suspend such coming or residence, 
but may not absolutely prohibit it. Another principle 
established in this Treaty is that immigrants of all other classes 
may enter or leave the United States at their own free will. 

The clauses of this Treaty with China are brought into 
operation under the following Acts : — the Act of 6 March 
1882, supplemented and amended by the Act of 5 July 1884 ; 
the Act of 13 September 1888 and that of 5 May 1892. 

By the first of these Acts the admission of Chinese workers 
to the territory of the United States was suspended for a period 
of ten years. The owners of ships who knowingly imported 
Chinese workers were liable to a fine up to $ 500 per Chinese 
worker imported and to imprisonment for a maximum period 
of one year. 

The Act of 13 September 1888 prohibits the admission to 
the United States of Chinese workers, even those who had 
been living there and had left, subject to the exceptions provided 
for under the Act. 

The Act of 15 May 1892 finally prolonged the period of 
validity of the above Acts for ten years. By a resolution of 
7 July 1898 the immigration of Chinese workers to Hawaii was 
subjected to the same conditions as that to the United States. 

The classes of Chinese immigrants admitted to the United 
States are teachers, students, travellers for curiosity or pleasure, 
merchants and their lawful and minor children, officials of the 
Chinese Government and their body and household servants, 
Chinese labourers holding the return certificate prescribed by 
the rules, those seeking in good faith to pass through the country 
to a foreign territory ; persons whose physical condition neces- 
sitates immediate hospital treatment ; Chinese persons shown 
to have been born in the United States and the wives and chil- 
dren of such Chinese-American citizens and seamen. Chinese 
workers employed in exhibitions that have been approved by 
Congress are also admitted. Burden of proof is upon the appli- 
cant to show admissibility. 

When Hawaii was annexed to the United States, a Joint 
Resolution was passed (7 July 1898) to the effect that 'there 
shall be no further immigration of Chinese into the Hawaiian 
Islands, except upon such conditions as are now or may here- 
after be allowed by the laws of the United States ; and no 
Chinese, by reason of anything herein contained, shall be 
allowed to enter the United States from the Hawaiian Islands." 

— 186 — 



With regard to Mexicans, shortly after the declaration of 
war in the spring of 1917, the government as a matter of war 
policy to aid primarily in the production of foodstuffs and cotton, 
acting under the terms of the ninth proviso to section 3 of the 
Immigration Act, suspended temporarily the operation of the 
head tax, contract labour, and literacy test provisions of 
the law in favour of labourers coming from Mexico to engage 
in agricultural work. 

Early in the fiscal year 1919-20 the Department of Labour, 
by an Order of 9 July 1919, continued in force until 1 January 
1920 the then existing arrangements as regards the temporary 
admission of Mexican labourers, restricting their employment 
to agriculture and pursuits immediately connected therewith. 

Pending action by Congress on proposed legislation as to 
the admission of labourers for agricultural pursuits to meet 
conditions such as are claimed to exist in States on the northern 
and southern borders and in the State of Florida, the frontier 
authorities have been directed by the Department of Labour, 
until further instructed, to put into force on said borders and in 
the State of Florida the regulations existing on 1 January 
1920, relating to the admission of labourers in States on the 
southern borders and in Florida. 

The above regulation was later (12 April 1920) broadened 
so as to include in its terms the principal sugar-beet raising 
States in the Rocky mountain region. 

All these provisions with regard to exemptions for Mexicans 
were finally cancelled by an Order of the Secretary of Labour 
dated 1 March 1921, declaring that all further importations or 
engagements of workers under the Department of Labour's 
exceptions to the contract labour, head tax and illiteracy 
provisions of the Immigration Act would be discontinued as 
from 2 March. Some temporary relaxations have, however, 
been allowed by a further Order of 14 March 1921, which, 
however, retains the principle embodied in the Order of 1 March 
abolishing the measures adopted in favour of Mexicans. 

By the Act of 19 May 1921 (Cf. Chapter II, para. 7), the 
percentage principle is not applied to aliens who have lived 
continuously for at least one year^ in the Dominion of Canada, 
Newfoundland, the Republic of Cuba, the Republic of IMexico, 
countries of Central or South America, or adjacent islands. 

Uruguay. 

The Decree of 1915 forbids the entry of Asiatics and Africans, 
when the immigration authorities think fit to reject them. 
The entry of gipsies is also forbidden. 

^ This has since been extended to five years. 

— 187 — 



Venezuela. 

The law does not admit immigrants who are not of European 
race, but natives of yellow race belonging to the islands situated 
in the Northern Hemisphere may be admitted. 



4. Literacy Tests. 

Australia. 

Any person who fails to pass a dictation test, that is to 
sav, who fails to write out not less than fifty words of a language 
prescribed by regulation, when dictated to him by an officer 
administering the Act, is prohibited from entering the Common- 
wealth of Australia. An immigrant may be required to pass 
a dictation test at any time within two years after he has entered 
the Commonwealth. 

Arrangements may be made with the Government of any 
country, regulating the admission into Australia of the subjects 
or citizens of such country, such persons not being required 
to pass the dictation test so long as the arrangement lasts. 
No regulations for prescribing languages have any force until 
they have been before both Houses of Parliament for thirty 
days and have been agreed to by both Houses. 

Canada. 

According to the Act of 1919 the following persons are 
prohibited from entering or landing in Canada : — 

Persons over fifteen years of age, physically capable of reading, 
who cannot read the English or the French language or some 
other language or dialect. The test does not apply to the father 
or grandfather, over fifty- five years of age, wife, luother, 
grandmother, or unmarried or widowed daughter, if otherwise 
admissible, of any admissible person or any person legally 
admitted, or any citizen of Canada ; persons who have Canadian 
domicile ; persons in transit through Canada ; persons approved 
by the Minister ; immigrants landed in Canada who later go in 
transit through, or for a temporary purpose to, foreign conti- 
guous territory (they may remain in foreign contiguous territory 
under these conditions for not more than 60 days). 

New Zealand. 

Any person other than of British or Irish birth and parentage 
who fails to write out and sign, in the presence of an officer, in 
any European language, an application in such one of the 
prescribed forms as the officer thinks fit, is j^rohibited from 
landing. 

— 188 — 



South Africa. 

Any person who is unable, by reason of deficient education, 
to read and write any European language, including Yiddish, 
to the satisfaction of an immigration officer, is prohibited from 
entering the country. 

The Act provides for a number of exemptions, particularly in 
the case of members of naval and military forces or accredited 
officials and authorised persons coming from neighbouring 
territories. 



United States. 

By the Act of 1917 all aliens over sixteen years of age, phy- 
sically capable of reading, who cannot read the English language, 
or some other language or dialect, including Hebrew or Yiddish, 
are refused admission. For the purpose of ascertaining whether 
aliens can read, the immigrant inspectors are furnished with 
slips of uniform size, prepared under the direction of the Secre- 
tary of Labour, each containing not less than thirty, nor more 
than forty, words in ordinary use, printed in plainly legible 
type in some one of the various languages or dialects of immi- 
grants. Each alien may designate the particular language or 
dialect in which he desires the examination to be made, and is 
required to read the words printed on the slip in such language 
or dialect. 

The following classes of aliens over 16 years of age are 
exempted by law from the literacy test : — 

(a) Persons who are physically incapable of reading. 

(b) Persons of any of the following relationships to United 
States' citizens, admissible aliens, or legally admitted alien 
residents of the United States, brought in or sent for by such 
persons : Father, or grandfather, if over 55 years of age ; wife, 
mother, grandmother, unmarried or widowed daughter. 

(c) Persons seeking admission to the United States, to 
avoid religious persecution in the country of their last permanent 
residence. 

(d) Persons previously residing in the United States, who 
were lawfully admitted, have resided there continuously for 
five years, and return to the United States within six months 
from the date of their departure therefrom. 

(e) Persons in transit through the United States. ' 

(/) Persons lawfully admitted, and who later go in transit 
through foreign contiguous territory. The period an alien 
mav remain in foreign contiguous territory while in transit 
under this exemption is limited to 60 days. An alien may leave 
and enter the United States at the same port and still be in 
transit for the purposes of this exemption. 

— 189 — 



(g) Exhibitors and employees of fairs and exhibitions 
authorised by Congress. 

AHens whose abihty to read can be readily and certainly 
learned or ascertained by any ordinary method approved 
by the department may be excused from the actual taking of 
the test. 

All claims are investigated by a board of special enquiry 
and in all cases in which the exemption is not fully established 
before the board the alien is debarred. Clear and convincing 
proof of claims of exemption from the literacy test are required 
in every instance. 

An Act of 5 June 1920 states that an alien who cannot 
read may, if otherwise admissible, be admitted if, within five 
years after this act becomes law, a citizen of the United States 
who has served in the military or naval forces of the United 
States during the war with the Imperial German Government 
requests that such alien be admitted, and with the approval 
of the Secretary of Labour marries such alien at a United States 
immigration station. 



5. Health Regulations. 

Argentina. 

Section 32 of the Act of 1876 forbids the entry of persons 
suffering froin contagious diseases, lunatics and the infirm. 
The Decree of 28 October 1913 forbids the entry of any immi- 
grant showing symptoms of tuberculosis, leprosy or trachoma. 
In accordance with a Regulation of 26 April 1916, admission to 
Argentine territory is also refused to blind, deaf and dumb 
or paralytic immigrants, and to persons disabled in both arms, 
or in the right arm, or in both legs, or persons having any other 
defect which may lessen their capacity for work, and to idiots, 
epileptics or persons suffering from any other form of mental 
affection. 

Immigrants must show a certificate with a photograph 
of the bearer attached and with the visa of the competent 
Argentine consul, proving that they are not affected with and 
that they have never suffered from any mental disease. 

Australia. 

The following persons are prohibited from entering the 
Commonwealth :— those not possessed of the prescribed certi- 
ficate of health ; those suffering from a serious transmissible 
disease or defect, from pulmonary tuberculosis, trachoma, 

— 190 — 



or from any loathsome or dangerous communicable disease ; 
those suffering from any disease or mental or physical defect 
which is liable to render the person concerned a charge upon 
the public or upon any public or charitable institution ; idiots, 
imbeciles, feeble-minded persons, epileptics, persons suffering 
from dementia, and persons who have been insane within iive 
years previously, or who have had two or more attacks of 
insanity. 



Bolivia. 

According to the Presidential Decree of 27 October 1921 
every immigrant must possess a declaration made by a doctor 
in his last country of residence stating that he is not suffering 
from any contagious disease. 



Brazil. 

The Act of 1921 forbids the entry into Brazil of all aliens 
who are either mutilated, crippled, blind, suffering from mental 
disease or incurable or serious contagious illness ; but these 
persons, save those suffering from serious contagious disease, 
may have free access to the country, if they can prove that 
they dispose of sufficient funds to support themselves, or 
if relations or other persons give an undertaking to the Police 
Authorities that they will be responsible for the maintenance 
of such persons. 

Canada. 

Persons afflicted with tuberculosis in any form or with any 
contagious or infectious disease which may become dangerous 
to the public health, are forbidden to enter the country, whether 
such persons intend to settle in Canada or only to pass through 
Canada in transit to some other country. If, however, such 
disease is one which is curable within a reasonably short time, 
such persons may, subject to the regulations, be permitted 
to remain on board ship if hospital facilities do not exist on 
shore, or to leave the ship for medical treatment. 

The following persons are also excluded from Canada : — 
those with chronic alcoholism; those of constitutional psy- 
chopathic inferiority and persons who are certified by a 
medical officer as being mentally defective to such a de- 
gree as to affect their ability to earn a living ; idiots, 
imbeciles, feeble-minded persons, epileptics, insane persons and 
persons who have been insane at any time previously ; immi- 
grants who are dumb, blind, or otherwise physically defective 
unless in the opinion of a Board of Inquiry, or an oflicer acting 

— 191 — 



as such, they have sufficient money, or have such legitimate 
mode of earning a hving that they are not hable to become a 
pubhc 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. 
On arrival in Canada, immigrants are required to undergo 
medical examination for the purpose of ascertaining that their 
state of health is not such as to become a danger to public 
health or to make them a public charge. 



Chile. 

Admission is refused to all immigrants who appear to be 
included in one of the categories of disease indicated in the 
2nd paragraph of Article 101 of the Chilian Sanitary Code 
(incurable diseases or organic affections). 



Colombia. 

Persons suffering from chronic or contagious diseases, 
such as tuberculosis, trachoma, leprosy and other illnesses 
requiring quarantine, are not admitted. Persons suffering from 
acute, serious or contagious illness will be placed in quarant- 
ine, and must themselves defray the costs of medical aid. 

Persons suffering from mental disease, including all per- 
sons suffering from feeble-mindedness, mania and general 
paralysis, chronic alcoholism, ataxia, idiocy, cretinism, and all 
cripples whose physical infirmities render them unable to work, 
are also excluded. Such persons may, however, be admitted 
if they belong to an immigrant family of which the other 
members enjoy good health and are able to work. wSimilarly, 
foreigners resident in Colombia are exempt from these pro- 
visions when returning to the country after an absence 
abroad not exceeding three years. 

The immigrant's passport must indicate his state of health. 



Belgian Congo. | 

By an Order of 7 August 1921, the Government prohibits 
from entering, or staying in, the territory of the colony all 
persons, other than those of Congolese race, suffering from open 
tuberculosis, and demands from every immigrant a certificate 
in legal form, stating that he is free from the disease in question. , 
The certificate must be drawn up by a doctor of the country I 
from which the immigrant comes, or in which he had his last 
domicile. 

— 192 — 



The certificate is also demanded from those who intend to 
pass through the colony in transit. 

Costa Rica. 

Admission is refused to lunatics, idiots, imbeciles, the blind 
or the deaf and dumb and to persons suffering from leprosy, 
bubonic plague, yellow fever, tuberculosis or any other contag- 
ious or infectious disease ; also to persons incapacitated for 
work. 

Cuba. 

The following immigrants are refused entry : — Idiots, 
imbeciles, or persons affected with a loathsome, serious or 
contagious disease. 

Ecuador. 

The Bill of 1916 forbade the entry of idiots, epileptics, 
lunatics, lepers and persons suffering from other loathsome or 
contagious diseases. 

Great Britain. 

Under the Aliens Order 1920, an alien is not allowed to 
land if he is a lunatic, an idiot, mentally deficient, or if he is 
the subject of a certificate given by a medical inspector to the 
effect that for medical reasons it is undesirable that the alien 
should be permitted to land. 



Guatemala. 

Immigrants suffering from any kind of contagious disease 
are not admitted. 



Honduras. 

Immigrants not enjoying good health are forbidden to 
enter the territory of Honduras. 

Mexico. 

The entry into Mexican territory of immigrants coming 
under the following categories is forbidden : — 

— 193 — 

13 



(1) Persons suffering from bubonic plague, cholera, yellow 

fever, cerebro-spinal meningitis, typhoid, exanthe- 
matic typhus, erysipelas, measles, scarlet fever, small- 
pox, diphtheria or from any other acute disease consid- 
ered contagious or infectious by the executive autho- 
rity ; 

(2) Persons suffering from tuberculosis, leprosy, beriberi, 

trachoma, scurvy or from other chronic disease consid- 
ered contagious by the executive authority ; 

(3) Epileptics and lunatics ; 

(4) Persons suffering from rickets, the lame, the one-armed, 

hunch-backs, paralytics, the blind or the crippled 
of whatever nature and persons suffering from a 
deformity or a physical or mental defect which ren- 
ders them unfit for work. 

These immigrants, with the exception of persons included 
in the first category, may be admitted into the country by a 
special concession from the Government, when they can produce 
a sufficient guarantee to ensure that they will not become a 
public charge. 

In the case of an alien established in Mexico, who has declared 
his intention of acquiring Mexican nationality, wishing his wife, 
his relations or his children under age to join him in Mexico, 
if one of these persons is suffering from a disease included in 
the 2nd or 3rd categories mentioned above, the Government 
may authorise the entry of such sick person or persons on 
certain conditions. 

Newfoundland. 

By an Act of 10 May 1906, no person who is infected with 
any disease, is infirm, or is otherwise likely to become a public 
charge, is allowed to land, and the master of any vessel bringing 
such persons to the colony is liable to a fine of $ 100. 

New Zealand. 

No person who is an idiot or insane, or is suffering from a 
loathsome or dangerous contagious disease, is permitted to land. 

Palestine. 

An Ordinance of 1920 prohibits the admission of luna- 
tics, idiots, mentally deficient persons, and all persons who 
are the subject of a certificate by a medical inspector that on 
medical grounds they should not be permitted to land. 

— 194 — 



Panama. 

The Immigration Act of 1914 forbids the entry of lunatics, 
dangerous maniacs, idiots, persons suffering from tuberculosis' 
lepers, epileptics and in general of any person afflicted with 
a loathsome or contagious disease. 

In accordance with Article 9 of the Decree of 1 March 1916 
admission is also refused to aliens suffering from any phvsical 
defect, which might in the opinion of the sanitary auth rities 
of the port of arrival render them incapable of earning their 
living, unless they can prove that they possess sufficient means 
for their support. 



Paraguay. 

Consuls and immigration agents are forbidden to issue 
immigration certificates to persons suffering from contagious 
disease. 



Peru. 

Admission to Peruvian territory is refused to lunatics, 
idiots, persons suffering from incurable diseases or incapable 
of earning their living and to persons suffering from a disease 
considered by the law to be dangerous to the public health. 
In accordance with the provisions of the Decree of 16 August 
1906, immigrants must present a certificate of health issued 
by a doctor appointed by the Peruvian Consul at the port of 
embarkation, and bearing the visa of this latter official. 

A certificate of health must not be granted to idiots, lunatics, 
or persons suffering from a contagious, infectious or loathsome 
disease, nor to those who may possibly become a public charge. 
The following diseases are considered as chronic, contagious 
or loathsome ; tuberculosis, syphilis, leprosy, cancer in its 
various forms, lupus, scurf, all sorts of chronic cutaneous 
diseases, trachoma and filariosis. 

Persons belonging to the following categories are considered 
as likely to become a public charge : — inebriates, persons 
suffering from rupture, from chronic rheumatism or from chronic 
diseases of the heart, persons of more than 60 years of age, or 
who manifest evident symptoms of senility, persons suffering 
from varicose veins in the lower limbs, persons suffering from 
general debility, epileptics, persons suffering from general 
paralysis, from chronic myelites, from polyneuritis, from partial 
paralysis or from atrophy rendering them unfit for work, and 
in general those who are liable to become infirm, as the result 
of any physical ailment whatsoever. 

Beri-beri is the object of special medical investigation, 

— 195 — 



owing to the peculiar developments of this disease. Immi- 
grants who have not been vaccinated are obliged to submit 
to vaccination before departure. 



Salvador. 



Persons suffering from hydrophobia, typhus, anchylostomia- 
sis, syphilis, tuberculosis, trachoma or mental diseases and 
persons unfit for work are not allowed to enter the country 
(Decree of 1914). 



South Africa. 

The Act of 1913 prohibits the entry into the country of 
any person who is afflicted with leprosy or with any infectious, 
contagious, or loathsome or other disease, as specified in the 
regulations, and any person suffering from tuberculosis, unless 
he is in possession of a permit to enter the Union. The Govern- 
ment has now, however, stopped the issue of such permits. 
The Governor General may declare any disease to be such 
that any person suffering from it becomes a prohibited immi- 
grant. By Regulation 17, the following is the list of such diseases 
at present in force : — leprosy, trachoma, favus, framboesia 
or yaws, syphihs, scabies. 

Permits issued to persons afflicted with tuberculosis are 
issued only at the ports of Cape Town and Durban. Every such 
permit is issued subject to such of the special conditions as 
may be prescribed in any case. 

Other persons excluded are : — idiots or epileptics ; persons 
who are insane or mentally deficient ; persons who are deaf and 
dumb, bhnd or otherwise physically afflicted, unless security 
is given for their permanent support in the Union, or for their 
removal therefrom whenever required by the Minister. 

All persons intending to enter the Union may be required 
to submit to medical or other examination. If they fail to 
pass it, they are declared prohibited immigrants. 



United States. 

The following are forbidden to land in the United States : — 

Any person afflicted with tuberculosis in any form, or with 
a loathsome or dangerous contagious disease ; idiots, imbeciles, 
feeble-minded persons, epileptics, insane persons ; persons 
who have had one or more attacks of insanity at any time 
previously ; persons of constitutional psychopathic inferiority ; 
persons with chronic alcoholism ; persons who are certified by 

— 196 — 



the examining surgeon as being mentally or physically defective, 
such physical defect being of a nature which may affect the 
ability of the person to earn a living. 

By an Act of 1893, the President of the United States is 
empowered to suspend all immigration from countries where 
there is an epidemic of cholera or other contagious or infectious 
disease. 

Reference to the medical examination will be made in the 
chapter dealing with the admission and rejection of immigrants. 

Uruguay. 

Immigration is forbidden in the case of persons suffering 
from trachoma, leprosy or tuberculosis ; of lunatics and persons 
suffering from a physical imperfection or from some organic 
defect which renders them unfit for work. Nevertheless the 
blind arc admitted if persons provided with sufficient means 
undertake to support them. 

In a case where there is any difficulty of diagnosing the 
symptoms of the disease from which an immigrant is suffering, 
disembarkation is conditionally authorized and the immigrant 
is taken to a hospital until such time as the diagnosis is complete. 

Venezuela. 

Entry into Venezuelan territory is forbidden to immigrants 
suffering from a contagious or infectious disease. 

The Act of 1918 decrees that all ships carrying immigrants 
must be visited on arrival by a medical officer of health and an 
agent of the Immigration Committee in order to ascertain the 
immigrant's state of health and to see that all legal pro- 
visions are observed. 



6. Regulations of an Economic or Occupational Nature 
(Situation as regards property, trade, contract of labour, 

age, sex, etc.) 

Argentina. 

The Regulations of 1916 forbid the entry of beggars, 
considering as such not only those persons who have practised 
begging in their country of origin, but also unaccompanied 
women with children less than ten years of age and any other 
person who would seem likely to become a charge on the public. 

Every immigrant must show to the immigration authorities 
a certificate issued by the competent authorities in his country 
of origin, with a photograph of the bearer attached, certi- 
fying that he has never been engaged in begging. This certi- 
ficate must bear the visa of the competent Argentine Consul. 

— 197 — 



Under the Act of 1876, the only immigrants admitted are 
day-labourers, artisans, industrial workers, agricultural workers 
or persons belonging to one of the Hberal professions. The im- 
migrant has to prove his ability by means of certificates issued 
by the authorities of the country where he resided, and bearing 
the visa of the competent Argentine Consul. 

Immigrants more than 60 years of age, not being heads of 
families, are rejected. 



Australia. 

Admission of immigrants under contract to perform manual 
labour is controlled by the provisions of the Contract Immigrants 
Act 1905, and is permitted if the contract is in writing, is 
made by or on behalf of some person named in the contract and 
resident in AustraHa, and is approved by the Minister. Such 
approval, which must be obtained before the immigrant lands* 
in Australia, is not given if the contract is made with a view to 
affecting an industrial dispute, or if the remuneration and other 
terms are not as advantageous to the contract immigrant 
as those current for workers of the same class at the place 
where the contract is to be carried out. 

Moreover the Minister must be satisfied that there is diffi- 
culty in the employer's obtaining a worker of at least equal 
skill and ability, except in the case of a British subject born 
in the United Kingdom or descendant of such a person. 

If, before the Minister approves the terms of the contract, 
the immigrant lands in Australia, 

{a) the contract is absolutely void ; 

(b) the immigrant is liable to a penalty; 

(c) the employer is liable to a penalty ; 

(d) the employer must pay a sum of money sufficient either 
to maintain the immigrant until he can be reasonably expected 
to find suitable employment or to enable him to return to the 
country whence he came. 

Any officer may ask any immigrant before he lands in the 
Commonwealth, or within one year after he has entered the 
Commonwealth, whether he has come to Australia under a 
contract or agreement to perform manual labour in Australia, 
and the immigrant must truly answer the question. 



Bolivia. 

The Regulations of 1907 require immigrants to show a 
certificate issued by the authorities of their place of origin, 
stating the occupation of the bearer. 

— 198 — 



Brazil. 

Mendicants are forbidden to enter Brazil. According to 
the Act of 1921, aliens sixty years of age have free access to 
Brazilian territory, if they can prove that they dispose of 
sufficient means to support themselves or if relations or other 
persons declare themselves responsible for their support. 

Canada. ^ 

By the Immigration Act 1910-1919, the Department 
of Immigration and Colonization applies such Immigration 
Regulations as are required to carry out the policy adopted 
by the Canadian Parliament. These Regulations may vary 
from time to time according to the financial, commercial, 
industrial and labour conditions in Canada generally or in any 
locality. 

(1) Immigrants^ landing money. — Under the authority of an 
Order-in-Council, the landing money requirements which were 
first in force only from 1 January to 31 March 1921 were extended 
indefinitely. Until otherwise notified, every immigrant of the me- 
chanic, artisan or labouring classes, whether skilled or unskilled, 
arriving in Canada must possess S 250 landing money, and if 
married his wife must also have 8125 landing money and each child 
between 5 and 18 years S 50 landing money. The Immigration 
Agents at the port of landing have power to absolve from this 
money regulation farm workers and domestic servants going 
to assured employment in these occupations. - 

The Department of Immigration and Colonization has 
power to exempt from this regulation a wife, and children under 
14 years, provided evidence is submitted showing that the 
husband was legally admitted to Canada, and is willing 
and able to maintain his wife and such children. At the present 
time all other relatives of persons in Canada must comply 
strictly with the Regulations. 

(2) Beggars and vagrants. — Under the Immigration Act 
1910-1919 :— 

Professional beggars or vagrants, and persons likely to 
become a public charge, are prohibited from landing. 

(3) Assisted immigrants. — Immigrants are prohibited to 
whom money has been given or loaned by any charitable organisa- 
tion for the purpose of enabling them to qualify for landing in Ca- 
nada, or whose passage to Canada has been paid wholly or in part 
by any charitable organisation, or out of public moneys, unless it 

1 Extracted partly from the reply of the Canadian Government to the 
Questionnaire. 

- Special Notice to Booking Agents, issued by the Superintendent of 
Emigration for Canada in London. 

— 199 — 



is shown that the authority in writing of the Deputy Minister, 
or in case of persons coming from Europe, the authority in 
writing of the assistant Superintendent of Immigration for 
Canada in London, has been obtained for the landing in Canada 
of such persons, and that such authority has been acted upon 
within a period of sixty days. 

(4) Immigrant workers. — Apphcations by employers for 
workers from Great Britain have to be approved by the officer in 
charge of the nearest employment office, who must satisfy himself 
sto the bona fides and apparent ability of the employer to fulfil 
the offered terms, and also by the Director of the Employment Ser- 
vice at Ottawa, who has to determine whether there is really a 
shortage of labour of the kind required in Canada. The applic- 
ation is then sent to the British Ministry of Labour. In carrying 
out this plan the Employment Service of Canada works in 
co-operation with the Canadian Immigration Department in 
Ottawa and London. 

In general the immigration of workers to Canada is based 
on the following principles : — 

(1) That the Government is satisfied with the wages and 
factory conditions. 

(2) That there is a reasonable prospect that the future 
immigrant will be able to find housing at the place where he 
is to be employed. 

(3) That the category of workers asked for cannot be found 
at the time in Canada. 

(4) The law of Canada does not prevent the admission 
of persons who can comply with the regulations in force, and it 
cannot even prevent the admission of strike-breakers, unless 
a special Order-in-Council was passed against their admission, 
if such strike breakers had been warned before leaving home 
that a strike was in existence at the place to which they w.ere 
going. 

(5) Immigration of women. — According to the Order of 
22 January 1920, the landing of all women at the chief ports 
of Nova Scotia, New Brunswick and the Province of Quebec is 
prohibited unless they are accompanied by a husband, father, 
mother, or other relative approved by the Canadian Super- 
intendent of Immigration in London or unless they are provided 
with a "sailing permit" issued by that official. 

Chile. 

Entry into Chilian territory is forbidden to those who have 
no profession or trade, which will render them capable of 
earning their living, or are not in a state to exercise such a 
profession or trade. 

— 200 — 



Colombia. 

The Act of 1909 recognises three classes of immigrants : 
(1) immigrants without contract ; (2) immigrants recruited by 
the Government ; (3) immigrants recruited by private under- 
takings estabhshed in the repubhe. 

Every immigration contract must stipulate that the immi- 
grant shall be subject to Colombian laws and courts and that 
he expressly renounces his right to make complaints or demands 
through diplomatic channels, except in the case of a denial 
of justice. The contract duust particularly indicate the obli- 
gation under which the immigrant lies to submit to the provisions 
of Act 145 of 1888 on Foreigners and Naturalization, of which 
the text must be posted up in all immigration offices. Immi- 
grants without contract must, on arrival in Colombia, sign a 
declaration of a similar character. 

Admission to the country is refused to immigrants of over 
60 years of age. 

The Decree of 1920 lays down that an immigrant must 
declare the trade or profession he intends to exercise in the 
country. Persons without an honourable trade or profession 
are not admitted to the countrv. 



Costa Rica. 

No immigrant bearing on his person a sum of less than one 
hundred colons ^ is allowed to enter the territory of Costa Rica. 
Aged persons are not admitted as immigrants. 



Cuba. 

The entry is forbidden of mendicants or persons liable to 
become a public burden and of persons engaged in advance 
to perform work or undertake any occupation whatsoever in 
the country, unless the engagement has been made by a person 
or company previously authorized by the State, in accordance 
with Article 16 of the Act of 11 July 1906. 

This prohibition is not extended to persons summoned by 
aliens residing temporarily in Cuba to serve as private secre- 
taries, valets or domestic servants, nor is it extended to skilled 
workers engaged abroad to go to Cuba for the purpose of working 
in a new industry, if the labour required for this special purpose 
cannot be obtained in any other way. In the same manner, 
actors, lecturers, singers and domestic servants are excluded 
from this prohibition. 

The Act of 3 August 1917, authorizing exceptional war immi- 
gration, temporarily suspended the above-mentioned prohibition. 

1 One colon = approximately Is. lid. at par. 

— 201 — 



Order No. 155 of 15 May 1902 forbids the entry of immi- 
grants whose passage money has been paid by any other person, 
society or company, except in the case of a person helping a 
member of his family living abroad to come over and settle 
in the territory of the Republic. 

Denmark. 

Foreign workers who wish to settle in Denmark must be 
provided with a police permit-book and they must, therefore, 
on arrival in Denmark apply to the competent poHce authority, 
presenting a certificate of identity issued by a competent 
authority in their own country. They must furthermore prove 
that they either dispose of the necessary means of existence 
for a certain minimum period or that work has been secured 
for them in Denmark. If these conditions are not complied 
with, the police may refuse the person concerned a permit 
to settle in Denmark. 

These rules have, however, diminished in importance 
owing to the fact that in Denmark as well as in other countries 
compulsory passports and visas for aliens have been introduced. 

Precise indications as to the cases in which the visas may 
be expected to be granted cannot be given, but it may be 
stated that the granting of the visa to persons intending to 
earn their living in Denmark will depend chiefly on the supply 
of native labour in the particular trade concerned. ^ 

Ecuador. 

A Bill of 1916 provides for the rejection of beggars or per- 
sons likely to become a public charge. 

France. 

In reply to the Questionnaire sent out in connection with 
the work of the International Emigration Commission, the 
French Government supplied the following information : — 

"The principles on which the immigration policy of the 
French Government is based are embodied in the Labour 
Treaty with Italy and the Conventions on emigration and 
immigration concluded with Poland and the Czechoslovak 
Republic. These principles are as follows : — 

"All administrative facilities are granted to foreigners 
desirous of coming to France in order to work there, and no 
special conditions are required of them on entering French 
territory. 

"Such facilities, however, do not exclude the application 
of specifically French legislation and regulations ; nor do 
they exclude the organisation and regulation of the migra- 

^ Reply of the Danish Government to the Questionnaire. 

— 202 — 






tory movement of workers. In fact it has been realised 
that instead of leaving such movements to themselves it was 
important to prevent them from injuring the economic develop- 
ment of the country of emigration, or the native workers of 
the country of immigration. Hence, in so far as the Governments 
interested have to intervene, i.e., particularly in the question 
of the collective recruiting of labour authorised or requested 
by them, the aforementioned Treaties have laid down rules 
according to which the contingents of workers to be recruited 
collectively are defined. Such definition is reached by agree- 
ment between France and the countries interested, the period- 
ical conference held for the purpose undertaking the two 
following operations : — 

"(a) It makes an approximate estimate of the number 
of workers who can be recruited during the forthcoming period. 

"(b) It indicates the districts towards which the immigrant 
workers should preferably be directed. 

"In order to emphasize its concern for the interest of the 
workers of the country of immigration, the Commission may 
have recourse to the advice of the employers' and workers' 
organisations concerned. 

"Moreover, if during a period between the sessions of the Con- 
ference, the labour market is such as to prevent immigrants 
who have come to find work on their own account from obtaining 
employment in certain areas or in certain occupations, the 
Government concerned must immediately inform the Govern- 
ment of the other country through diplomatic channels in order 
to place it in a position to take the necessary steps 

"The Treaties concluded between France and the countries 
mientioned above uphold the essential principle that the wages 
of the immigrant workers must not be lower than those of native 
workers of the same class employed either in the same under- 
taking or in the same district, and they add that the Govern- 
ment of the country of immigration must undertake to see to it 
that such equality of wages shall be regularly observed on its 
territory. 

"Briefly, France favours the immigration of foreign workers. 
All she requires is that such immigration shall be reasonable 
and subject to regulation, in order not to injure the legitimate 
interests of French workers, and not to run the risk of disturbing 
the equilibrium of the national labour market." 

In conformity with these principles, and as a result of the 
unemployment crisis at the beginning of 1921, instructions 
were issued, on the advice of the Permanent Inter- ministerial 
Immigration Commission, to French diplomatic and consular 
agents abroad, and to the offices charged with the control 
of immigration at the frontier, in order to draw their attention 
to the situation of the French labour market, and to request 

— 203 — 



them to restrict the admission to French territory of agricul- 
tural workers, miners and workers in certain other industries. 
In the case of the latter, authorisation is only given on the pre- 
sentation of an employment contract, countersigned by the Minis- 
try of Labour, after enquiries have been made at the employ- 
ment exchanges, in order to ascertain that the workers are only 
being obtained for undertakings or districts where there is a 
shortage of French labour, and for which labour cannot be 
obtained elsewhere in France. 



Germany. 

With a view to restricting immigration into Germany, 
an Order was issued on 24 February 1920, according to which 
industrial workers presenting themselves at the German fron- 
tier without a German visa are refused admission, and visas 
are only granted in such cases if the authorities of the State 
to which the workman is going give their consent. Before 
giving this consent, the State authorities have to consult the 
central State employment exchange and the housing authorities, 
and permission is refused if there is no need for the worker or 
if there is no housing accommodation for him. 

The Federal Minister of Labour issued an Order on 24 
July 1920, according to which an assurance must be given, 
when immigrant workers are asked for, that they will be employ- 
ed only at places where suitable German labour cannot be 
obtained. 

The following procedure is laid down for obtaining foreign 
seasonal labour for agricultural work. The employer sends 
his demand to the nearest administrative authority, which 
transmits it with observations to the competent State employ- 
ment exchange. The latter submits the demand to the joint 
agricultural council of the State, or in default of that, to the 
agricultural committee of the exchange, and has then to decide 
whether immigrant workers are to be admitted. The demand is 
sent to the Chamber of Agriculture or the Central Office for 
Workers {Deutsche Ar belter zentr ale) with a request for informa- 
tion as to whether they have suitable German workers at their 
disposal. 

Great Britain. 

Under the Aliens Order 1920 an alien is not allowed to land 
in the United Kingdom unless he complies with the following 
conditions : — 

(1) he must be in a position to support himself and his 
dependents ; 

— 204 — 



(2) if desirous of entering the service of an employer in the 
United Kingdom he must produce a permit in writing for his 
engagement issued to the employer by the Minister of Labour. 



f The British Government stated, in its reply to the Ques- 
tionnaire, that "in order to render this system of permits effec- 
tive it has been necessary so far to refuse permission to land to 
aliens coming to the United Kingdom to look for work. When 
the system of Ministry of Labour permits is abolished, as it 
may be in the near future, the admission of foreign labour will, 
as the order at present stands, be mainly regulated by the con- 
sideration whether a particular alien will or will not be in a 
position if admitted to support himself and his dependents." 



Guatemala. 

Immigrants more than 60 years of age are not admitted un- 
less they are members of a family established in the country, 
or they arrive as heads of a family accompanying them. 



Honduras. 

The law divides immigrants into three categories similar 
to those which have been indicated above for Colombia. 

The Act of 1906 considers as immigrants only those aliens 
Avho are suitable for employment in agriculture, commerce, 
cattle-rearing, arts, business or any other sort of industry. 

Persons of more than 60 years of age are only admitted 
if they are heads of immigrant families, or if their families are 
already in the country. 



Mexico. 

The admission of immigrants who are necessitous or who are 
likely to become a public charge is prohibited. Old men are not 
admitted unless they can provide sufficient security that they 
will not become a public charge. Children under 16 years of age 
are not admitted unless arriving under the guidance of another 
person or for the purpose of joining someone resident in the 
country w^ho is in a position to support them. 

According to instructions issued to Mexican consular agents 
by their Government on 18 May 1921, the latter are required 
to refuse visas for the passports of immigrant workers in general 
and, in particular, of labourers who intend to go to Mexico, 
unless the person concerned can prove that he is in possession of 

— 205 — 



means, whether in money or in kind, for his maintenance, or 
that his occupation has been duly secured by contract. In the 
latter case the contract must be approved by the Mexican 
Government. Immigrants expressly authorised by the Ministry 
of Agriculture to go to Mexico in order to settle there on the 
land are exempt from the above provisions. 

Netherlands. 

Immigrants have to comply with the provisions of the Act 
of 13 August 1849, regulating the admission and expulsion 
of foreigners, amended by the Act of 10 February 1910. Art. 1 
prescribes that all foreigners having sufficient means of exist- 
ence, or who can procure them by means of work, are admitted 
to the Netherlands. 

Newfoundland. 

By the Act of 1906 no person who is likely to become a 
charge upon the rates may be landed in the colony. 

New Zealand. 

The Immigration Restriction Act 1908 provides that, 
if a passenger arriving in New Zealand on board any ship is 
deemed likely to become a charge upon the public or any charit- 
able institution, the owner, charterer or master of such ship 
shall execute a bond and defray any expense which may be 
incurred within five years from the execution of the bond for 
the maintenance of such passenger by any public or charitable 
institution in New Zealand. 

These provisions do not extend to immigrants brought to 
New Zealand either wholly or partly at the expense of the 
Government nor to any person domiciled in New Zealand. 

Palestine. 

Visas to enter Palestine are restricted to the following 
persons : — 

Travellers whose stay will not exceed three months ; persons 
of independent means ; members of professions who intend to 
follow their calling in Palestine ; residents returning to their 
homes ; wives, children, and others wholly dependent on resi- 
dents ; persons who have definite prospects of employment 
with individual employers or enterprises ; and persons of reli- 
gious occupation who have gone to Palestine in recent years from 
religious motives and can show that they will have means of 
maintenance there. 

— 206 — 



In order to obtain admission to the country, the immigrant 
is required to prove that he possesses or is in a position to 
receive sufficient resources for himself and for the persons 
dependent upon him. He is required to declare when registering 
ot the Police Office the trade he carries on and the property he 
will ultimately possess in Palestine. 



Panama. 

Beggars are not admitted as immigrants. Moreover, im- 
migrants arriving as third class passengers must, in accordance 
with the Act of 1914 and the first Article of the Decree of 2 
June 1917, be in possession of a sum of thirty balhoas. This 
sum must be placed by them in the hands of the shipping 
company which issued them their tickets, and the agents 
of the company in question must send these deposits to the 
provincial or general Treasury of the Republic, according to 
the circumstances of the case. 

In accordance with Article 2 of the Decree of 1 March 1916, 
this deposit will only be returned to the immigrant after a 
period of three months, and then only if he can prove by the 
testimony of three reliable persons or by a certificate from his 
Consul that he has found employment in a legal and stable 
occupation. These documents will also indicate the registered 
number of the immigrant at his Consulate, the name of the 
employer and the nature of the work in which he is engaged. 

By a stable occupation is understood work which is done 
on the person's own account or on the account of another in 
a commercial, industrial, professional or agricultural establish- 
ment, or in works of construction. 

Article 8 of the same decree grants exemption from this 
deposit to the following persons : — 

(a) Workmen engaged by contract in the service of the 
Panama Canal, on condition that either the Canal 
Administration or the Company give notice to the 
Government of Panama. 

{h) Immigrants to whom the Government has granted 
facilities for the purpose of proceeding to Panama to 
settle there as agriculturists and who are furnished 
with a certificate from the Consul of Panama at the 
port of embarkation. 

(c) Persons dwelling in the country who arrive furnished 
with a certificate from the Governor of the province in 
which they reside. 

— 207 — 



(d) Persons engaged by contract for the service of a private 
individual or of a business established in Panama, 
on condition that the employers have taken the 
necessary steps at the Foreign Office. 



Paraguay. 

The only persons accepted as immigrants are aliens who can 
give proof of their status as agriculturists, artizans, mechanics, 
professors, electricians or engineers by means of a certificate 
from a Paraguayan consul or immigration agent or on the 
testimony of two qualified persons, witnessed by the authorities 
at the immigrant's home, and bearing the visa of the consul 
or competent immigration agent of the Republic, or by means 
of certificates or diplomas recognized as valid and duly authen- 
ticated. 

Immigrants, who wish to enjoy the advantages laid down 
in the Act of 6 October 1903, must be in possession, on their 
arrival in Asuncion, of a sum of 50 gold pesos if they arrive 
alone and of 30 gold pesos per male adult, if they arrive in a 
family. 

Only persons under 50 years of age are accepted as immi- 
grants. 



Peru. 

The law provides for the rejection of immigrants living by 
begging or likely to become a charge to the public. 



Salvador. 

The Decree of 1914 lays down that immigrants, in order 
to enter the country, must possess a sum of at least 100 dollars 
or 250 Salvador pesos. ^ 

South Africa. 

The following classes are not permitted to enter the Union 
of South Africa as immigrants : — 

(1) Any person considered on economic grounds or on 
account of their standard or habits of life to be unsuited to the 
requirements of the Union, or any particular Province thereof ; 



^ One gold peso = 4s. 

2 One Salvador peso = Is. 7d. at par. 



— 208 



(2) Any person who is likely to become a public charge, 
by reason of infirmity of mind or body, or because he is not 
in possession for his own use of sufficient means to support 
himself and such of his dependents as he brings with him into 
the Union. 

By Regulation 13, made under the Act of 1913, it is pres- 
cribed that an immigrant who is not infirm of mind or body, 
in order to prove that he is not likely to become a public charge, 
must satisfy the immigration officer : — 

(a) that he has the means of reaching his destination ; 
and (b) that he has definite employment awaiting 
him, that having a reasonable prospect of employment 
he has some temporary means of support, that he has 
friends able and willing to support him, or that he 
has with him a sufficient sum of money to maintain 
him and his dependents until he obtains employment 
or other means of support. 

Up to the end of 1921, persons without definite occupation, 
if British subjects, were required to possess £ 20, and if aliens 
£ 35, on entering the Union. A Revised Notice issued by the 
High Commissioner for South Africa in London in January 
1922 stated that the sum of £ 20 was novv' regarded as totally 
inadequate, "sufficing as it does for barely a month for the 
immediate living needs of one person finding himself in a strange 
country." No definite sum is mentioned in the Notice, but 
unless the intending immigrant is able to produce to the Immi- 
crration Officer at the port of arrival evidence of adequate 
capital, or written evidence of definite employment, his entry 
into the Union will be prohibited. 

Such evidence must show the nature of the employment 
and the proposed wage. The ability of the offeror to carry 
out his undertaking must be indicated, and, to avoid difficulties, 
the offeror should obtain the support of a J. P. or other competent 
public official to his written statement. In the absence of em- 
ployment, the intending immigrant must establish the fact 
that he has sufficient capital to maintain himself for a consider- 
able period after arrival, at least six months. 

The following are not considered as prohibited immigrants : 

(a) Members of the Regular Naval or Military Forces ; 

(b) Persons entering the Union under conditions prescribed 
by any law or under any convention with the Government oi a 
territory or state adjacent to the Union ; 

(c) Persons of European descent who are agricultural workers 
or domestic servants, skilled artisans, mechanics, workmen or 
miners, if they enter the Union under conditions which the 
Governor-General has approved, but such immigrants must 
produce, if required, a certificate of the person authorised to 

— 209 — 

14 



issue such certificates, to the effect that they have been engaged 
to serve, immediately on arrival in the Union, an employer of 
repute at adequate wages and for a period of time not less than 
one year to be fixed in the said conditions. 

Sweden. 

According to the reply of the Swedish Government to the 
Questionnaire, the regulations at present in force regarding the 
immigration of workers into Sweden are not equally severe for all 
nationalities. For Danes and Norwegians only a passport is re- 
quired from the respective Danish and Norwegian authorities. The 
Swedish Legations in England, France, Holland and America 
can grant permission for not more than six weeks' residence 
in Sweden without obtaining special authority from Sweden. 
In the case of this special authority, a recommendation either 
from a well-known private person or a firm or from another 
legation is, however, required. 

In the case of other nationalities instructions must be 
asked for from the Foreign Office in Stockholm. When a foreign 
worker intends to stay in the country more than six weeks, or 
to have a previous permission prolonged, a special request 
from the Swedish employer concerned is generally required for 
the passport visa. 

Switzerland. 

By the Decree of 29 November 1921, legations and consulates 
are required to submit to the Central Police Office for Foreigners a 
detailed notice of applications to cross the frontier, presented 
by foreigners desiring to enter Switzerland in order to live 
there or to carry on a gainful trade or profession. The applic- 
ations must be accompanied by a certificate of good character 
and an exact copy of the police record issued by the country 
of origin of the immigrant. 

The Central Office must submit the applications to the Canton 
concerned, which will decide if and on what conditions the 
presence of the foreigner may be authorised. The Central Office 
will decide if the foreigner may cross the frontier. In agreement 
with the Canton, it may allow the foreigner to cross the fron- 
tier before the conditions of residence have been settled. 

For seasonal workers and female domestic servants, the 
legations and consulates grant a visa as soon as they have 
obtained the agreement of the police authorities of the Canton 
to which the applicant intends to go. In these cases it is un- 
necessary to produce a certificate of good morals and an 
extract of the police record. 

The conditions of residence for every foreigner entering 
Switzerland must be settled at the time the declaration of ar- 

— 210 — 



rival is made. Permission to stay or to reside in the country is 
given by the Canton, but the Central Office has a right to 
oppose the grant of such a permit. If the Central Office does 
not oppose the grant within one month of the date on which 
it received the application from the Cantonal authority, toge- 
ther with the necessary papers, the permit is definitely granted. 

A foreigner may not carry on a gainful profession before 
the expiry of the month, or before the Central Office has 
come to a decision in virtue of its right of rejection. In 
urgent cases the Canton may grant a provisional authorisation, 
when it must immediately notify the Central Office. There are 
two cases in which the Central Office has no right of opposi- 
tion : — 

When, in view of the circumstances and the reasons for 
residence, it appears likely that the foreigner will not stay in 
Switzerland for more than a short period, and when he renounces 
in writing his right to carry on a gainful profession, the cantonal 
police authorities or the cantonal authorities charged with the 
inspection of foreigners may issue authorisations for a limited 
stay up to two years from the date of crossing the frontier. 
In this case the Central Office cannot exercise its right to reject. 

The Cantons have the right, without being subject to the right 
of the Central Office to reject, to issue authorisations for resi- 
dence during the current season to seasonal workers and to 
female domestic servants for a maximum period of two years. 

United States. 

(1) General. — The following are among the classes of 
prohibited immigrants : — Paupers, professional beggars and 
vagrants, and persons likely to become a public charge. 

It is laid down that whenever passports are being used for 
the purpose of enabling the holder to come to the continental 
territory of the United States to the detriment of labour con- 
ditions there, the President shall refuse to permit such persons 
to enter. 

For purposes of supervision all passengers must declare 
on the form handed to them by the Captain of the ship that they 
possess at least $ 50, and if less, what sum they possess, and 
whether they are provided with railway tickets to their final 
destination or with the money needed to buy them. 

Passports are in many cases not visaed by United States 
Consuls unless an affidavit of support is presented. This affi- 
davit is a declaration made under oath before a notary public 
of the United States to the effect that the person making the 
declaration knows the intending immigrant, guarantees that he 
will discharge his obligations, is ready to receive him in his 
house and to maintain him, if necessary, in such a way that he 
can never become a public charge. 

— 211 — 



(2) Children. — All children under 16 unaccompanied by either 
parent are detained for special inquiry unless a parent already 
within the United States appears in person. The board may 
admit such children, having ascertained (1) that they are strong 
and healthy, (2) that while abroad they have not been the objects 
of pubhc charity, (3) that they are going to close relatives 
who are able and willing to support and properly care from them, 
(4) that it is the intention of such relatives to send them to day 
school until they are 16, and (5) that they will not be put at 
work unsuited to their years. The board must admit, when it is 
satisfactorily shown that an otherwise admissible child is going 
to one or both of its parents. Where the board finds that the 
five above-mentioned conditions are not fulfilled but that the 
case is otherwise especially meritorious, it reports this fact 
to the officer in charge and refers final action until the latter has 
personally inspected the child. When in the opinion of the 
officer the child is not clearly admissible, the board must exclude 
and give notice of the right of appeal. If thereafter an appeal 
be filed, the case is forwarded with a recommendation either 
for (1) admission outright, (2) admission on bond or cash deposit, 
or (3) exclusion. 

(3) Assisted -persons. — Persons whose tickets or passage are 
paid for with the money of others, or who are assisted by others 
to come, unless it is affirmatively and satisfactorily shown that 
such persons do not belong to one of the excluded classes, and 
persons whose tickets or passage are paid for by any corpor- 
ation, association, society, municipality, or foreign Govern- 
ment, either directly or indirectly, are forbidden to enter the 
United States. 

(4) Contract Labourers. — Persons called "contract labourers," 
who have been induced, assisted, encouraged, or solicited to mi- 
grate to the United States by offers or promises of employment, 
whether such offers or promises are true or false, or in conse- 
quence of agreements, oral, written or printed, expressed or im- 
plied, to perform labour in that country of any kind, skilled or 
unskilled, are also forbidden to enter the United States. 

In the Act of 26 February 1885, prohibiting importation 
of labourers under contract, it is stated that all contracts or 
agreements expressed or implied, parol or special, which may 
hereafter be made between any person, company, partnership, 
or corporation, and any foreigner to perform labour or service, 
previous to the migration or importation of the person or persons 
whose labour or service is contracted for into the United States, 
shall be utterly void and of no effect. 

Skilled labour, if otherwise admissible, may be imported if 
labour of like kind unemployed cannot be found in the United 
States, the question of the necessity of importing such skilled 
labour in any particular instance being eventually determined 

— 212 — 



by the Secretary of Labour. Application for permission to do 
this must be submitted in due time by the person, company 
or corporation seeking such privilege to the immigration official 
in charge of the district within which it is proposed to employ 
such skilled labour. 

The application must state clearly all facts and circumstances 
material to the case, including {a) the number and sex of the 
persons whom the applicant desires to import ; (6) a non-tech- 
nical description of the work which it is intended they shall 
perform ; (c) whether the indvistry is already established or is 
new in the United States ; {d) the approximate length of time 
required for one to become skilled in the trade ; {e) the wages 
paid and the hours of labour required ; (/) whether or not a 
strike exists or is threatened among the applicant's employees 
or there is a lock-out against such employees ; (g) what city or 
cities if any constitute the centre of the trade ; (/>) whether 
or not there are any journals specially devoted to the industry, 
and {i) the nature of the efforts, if any, made to secure the desired 
labour in the United States and the results of such efforts. 
The application must be supported by such affidavits as the 
applicant can furnish. The applicant must also furnish, or agree 
to furnish at a later date, the names, ages, nationality and last 
permanent foreign residence of the aliens and the name of the 
port at which and of the vessel by which they will arrive, and the 
date of the proposed arrival. 

The immigration official in charge conducts a thorough inves- 
tigation (using contract-labour inspectors). The entire record 
is summarised and submitted to the department with appro- 
priate recommendation. 

When a decision is favourable, a copy of the record is trans- 
mitted to the port at which it is proposed the alien contract 
labourers shall enter. 

The Act of 19 October 1888 promises persons who supply 
information as to infringements of the regulations relating 
to the introduction of workers engaged by contract, a fair 
share of the fines collected, in no case, however, exceeding 
50 per cent. 

These regulations do not apply to the tickets or passage 
of aliens in immediate and continuous transit through the 
United States to foreign contiguous territory. 

Professional actors, artists, lecturers, singers, nurses, minis- 
ters of any religious denomination, professors of colleges 
or seminaries, persons belonging to any recognised learned 
profession, or persons employed as domestic servants are 
declared not to come \\dthin the scope of the Act. 

Finally, nothing in the contract-labour or reading-test 
provisions of the Act are to prevent any alien exhibitor, or 
holder of concession or privilege for any fair or exposition 
authorised by Act of Congress, from bringing into the United 
States, under contract, such otherwise admissible alien mcchan- 

— 213 — 



ics, artisans, agents, or other employees, natives of his country, 
as may be necessary for instalHng or conducting his exhibit, 
under such rules and regulations as the Commissioner General 
of Immigration may prescribe. 

Uruguay. 

IP In accordance with the Act of 1890, every immigrant, 
to obtain admittance into Uruguayan territory, must prove 
his fitness for work by means of a certificate issued or visaed 
free of charge by a Consular agent of the Republic in the port 
of embarkation. 

Persons obtaining a living by begging, or who are likely 
to become a public charge are rejected. 

Persons more than 60 years of age are accepted : — 

(1) if they are heads of families and accompanied by the 

latter ; 

(2) if they have relations in Uruguay, who will be responsible 

for their support and dispose of the necessary means 
for this purpose. 

Venezuela. 

The law forbids the admission, as immigrants, of aliens 
more than 60 years of age, unless they are the parents or grand- 
parents of another immigrant. 

The same applies to persons having no honourable profession. 

A certificate issued by the Consul, immigration agent or 
local authorities must testify to the skill of the immigrant. 



7. Restriction of the Number of Immigrants. 

United States. 

The Act of 19 May 1921 is perhaps the first example in the 
history of immigration legislation of a law designed expressly 
to restrict the number of immigrants admitted. It is, however, 
provisional in kind, only remaining in force during the fiscal year 
1921-1922 1. The Act is based on the principle that "the number 
of aliens of any nationality who may be admitted under the im- 
migration laws to the United States in any fiscal year shall be 
limited to 3 per centum of the number of foreign-born persons 
of such nationality resident in the United States as determined 
by the United States census of 1910." 

^ This Act was extended in May 1922 for two more years. An amendment 
was inserted increasing from one to five years the lensth of time aliens 
must have resided in contiguous countries in order to be exempt from the 
provisions of the Act. See next paragraph (exemption 7). 

— 214 — 



This provision does not apply to the following persons, and 
they are not counted in reckoning any of the percentage limits 
provided in the Act : (1) Government officials, their families, 
attendants, servants, and employees ; (2) aliens in continuous 
transit through the United States ; (3) aliens who have been 
lawfully admitted to the United States and who later go in 
transit from one part of the United States to another through 
foreign contiguous territory ; (4) aliens visiting the United 
States as tourists or temporarily for business or pleasure ; 
(5) aliens from countries, immigration from which is now regu- 
lated in accordance with treaties or agreements ; (6) aliens 
coming from the so-called Asiatic barred zone, as described in 
section 3 of the Act of 1917; or (7) aliens who have resided 
continuously for at least one year in the Dominion of Canada, 
Newfoundland, the Republic of Cuba, the Republic of Mexico, 
countries of Central or South America, or adjacent islands. 

Nationality is determined by country of birth, but the 
term "country" does not include colonies or dependencies, 
which are considered as separate countries. 

The Secretary of State, the Secretary of Commerce, and the 
Secretary of Labour, had jointly to prepare a statement showing 
the number of persons of the various nationalities resident in 
the United States as determined by the United States census 
of 1910, which statement is the population basis for the purpose 
of the Act. Whenever such population basis is not applicable 
by reason of changes in political boundaries in foreign countries 
occurring subsequent to 1910 and resulting in the creation of 
new countries, the Governments of which are recognised by the 
United States, or otherwise in the transference of territory 
from one country to another, such transference being officially 
recognised by the United States, the officials estimate the 
number of persons resident in the United States in 1910 who 
were born within the area now included in such new and other 
countries, and in the case of such countries such estimate is 
taken as the population basis. ^ 

When the maximum number of aliens of any nationality 
who may be admitted in any fiscal year under this act has been 
admitted all other aliens of such nationality, who may apply 
for admission during the same fiscal year, are to be excluded. 
The number of aliens of any nationality who may be admitted 
in any month must not exceed 20 per cent of the total number 
of aliens of such nationality who are admissible in the fiscal 
year. Moreover, aliens returning from a temporary visit abroad, 

1 To illustrate : (1) A native of Alsace-Lorraine, regardless of claimed 
nationality, is charged to France ; (2) a native of a Baltic state (formerly 
a portion of Russia), the government of which has not been recognised by 
the Government of the United States, is charged to Russia ; and (3) an alien 
born in what is now recognised as Poland is charged to the quota of that 
country, regardless of present citizenship. 

— 215 — 



aliens who are professional actors, artists, lecturers, singers, 
nurses, ministers of any religious denomination, professors 
in colleges or seminaries, aliens belonging to any recognised 
learned profession, or aliens employed as domestic servants, 
may be admitted notwithstanding the maximum number of 
aHens of the same nationality, admissible in the same month or 
fiscal year, has already entered the United States (but aliens of 
the classes included in this proviso who enter the United States 
before such maximum number has entered are counted in 
reckoning the percentage Hmits provided in the Act). In the 
enforcement of the Act preference must be given as far as possible 
to the wives and minor children of aliens who are now in the 
United States and have applied for citizenship in the manner 
provided by law. 

The Commissioner General of Immigration, with the approval 
of the Secretary of Labour, is empowered to prescribe rules 
and regulations necessary to carry the provisions of the Act 
into effect. 

He has to publish monthly statements during the time the 
Act remains in force showing the number of aliens of each 
nationality already admitted during the current fiscal year, and 
the number who may be admitted under the provisions of this 
Act during the remainder of such year, but when 75 per cent of 
the maximum number of any nationality admissible during the 
fiscal year has been admitted such statements are to be issued 
weekly. All statements must be made available for general publi- 
cation and must be mailed to all transportation companies taking 
aliens to the United States who request the same, and file 
with the Department of Labour the address to which such 
statements shall be sent. The Secretary of Labour must also 
submit such statements to the Secretary of State, who transmits 
the information contained therein to the proper diplomatic 
and consular officials of the United States, and the latter have 
to make the same available to persons intending to emigrate to 
the United States, and to others who may apply. 

The following statement was published by the Commissioner- 
General of Immigration, showing the maximum number of each 
nationality admissible during the fiscal year 1921-1922^: 

United Kingdom . . 77,206 Sweden 19,956 

Germany 68,039 Czechoslovakia . . 14,269 

Italy 42,021 Norway 12,116 

Russia (inch Siberia) 34,247 Austria 7,444 

Poland 20,019 Roumania .... 7,414 

^ When the Act was extended in 1922, these figures were modified, owing 
to the inclusion of the foreign-born population of Alaska, Hawaii, and Porto 
Rico, and to the merging of Smyrna, Turkish, and Turkish Armenian terri- 
tories into one. There are also changes in certain quotas in consequence of the 
partition of Upper Silesia. 

— 216 — 



Jugo-Slavia . . . , 

Eastern Galicia . , 

France 

Denmark 

Hungary 

Finland 

Switzerland . . . . 

Netherlands . . . . 

Greece 

Portugal 

(incl. Azores and 
Madeira Islands) , 

Belgium 

Spain 

Bulgaria . . . . , 

Albania 

Danzig 



6,405 
5,781 
5,692 
5,644 
5,635 
3,890 
3,745 
3,602 
3,286 



2,269 

1,557 

663 

301 

287 
285 



Luxemburg .... 92 

Fiume 71 

Other Europe ... 86 

Armenia 1,588 

Syria 905 

Smyrna District . . 438 

Palestine 56 

Other Turkey 

(Europe and Asia) . 215 

Other Asia .... 78 

Africa 120 

Australia 271 

New Zealand ... 50 
Other Atlantic 

Islands 60 

Other Pacific Islands 22 



It will be noted that the Act restricted the number of possible 
immigrants in the United States to 355,825 per year. Of these 
not more than 71, 163 may be admitted during any one month. ^ 

Various decisions involving certain modifications in the strict 
application of the Act have been made since the Act came into 
force. 

Regulations have been published as to the classes of persons 
who are not subject to the Act of 1921. They may be summarised 
as follows : — 

(a) Aliens in continuous transit through the United States : — 
Immigration officials will exercise care to prevent an abuse 
of this exemption, to which end they shall, among other things, 
satisfy themselves that a bona fide transit is intended and that 
it is the purpose of the alien to pass by continuous journey 
through and out of the United States. Aliens of this and the 
class referred to in paragraph (c) who are later found residing 
in the United States under circumstances indicating abandon- 
ment of their declared purpose in entering shall be charged 
to the unfilled quotas of their respective countries, to which 
end such cases shall be promptly reported to the immigration 
official in charge at the port where entry occurred. 

(b) Aliens laivfullij admitted to the United States zcho later 
go in transit from one part of the United States to another through 
foreign contiguous territory : — The transit journey herein refer- 
red to must be completed within sixty days. Departure and 
return may occur through the same port. 

(c) Aliens coming to the United States as tourists or tempora- 
rily for business or pleasure : — Aliens of these classes coming 
for a period not to exceed six months shall be considered exemp- 

1 Monthly Labour Review, July 1921, p. 225, Washington. 



217 — 



ted ; but any such found residing in the United States under 
circumstances indicating abandonment of visit shall be reported 
as provided in paragraph (a). 

(d) Aliens applying for admission from certain foreign coun- 
tries following a continuous residence of one year or more therein : — 
Exemption hereunder shall not be lost merely by reason of 
temporary absences of short duration from the countries and 
islands referred to in the Act. 

(e) Aliens returning from a temporary visit abroad : — A 
"temporary visit abroad" shall be construed to mean an ab- 
sence in any foreign country (without relinquishment of domicile) 
not exceeding six months in duration. An alien who remains 
abroad in excess of six months shall be presumed to have 
abandoned his domicile in the United States. However, such 
presumption may be overcome by the production of evidence to 
the contrary, satisfactory to the appropriate immigration officers. 

8. Various Exceptions. 

In the seven preceding sections an analysis has been made 
of legal measures concerning economic, health and other con- 
ditions of immigration. 

In practice these provisions are not always applied in a 
very rigid manner, and there are in most laws clauses which 
permit of exceptions being made. Some of these modify the 
restrictive provisions of the law. Others, on the contrary, 
authorise in certain cases the adoption of fairly arbitrary 
measures, the result of which is to increase restrictions and 
even to close frontiers almost completely. 

An analysis of these very varied modifications in the prin- 
ciples of the laws lies rather outside the scope of this work 
and it would be impossible to arrive at conclusive results^ 
for when they are incorporated in the legal texts the modifi- 
cations are generally of a temporary nature, being neither 
applied continuously nor permanently. It is however useful 
to remember, in this connection, that the real scope of a text 
is not necessarily proportionate to what is contained in it. 
Thus, clauses which are in appearence of a most severe character 
may have a very limited effect in practice, while a very innocent 
clause may make it possible to close a frontier when that is 
in the real or supposed interest of a country. In this case, the 
application is much more important than the text itself and an 
analysis which is confined to the latter might easily lead to 
entirely erroneous conclusions. 

Among the measures which lessen the restrictive nature 
of certain laws the following may be mentioned : — 

(1) Certain trades and professions are exempt from the 
operation of the immigration laws ; reference may be made in 
a general manner to diplomatic officials, in many cases to tourists, 

— 218 — 



and sometimes to persons of certain occupations, for which 
there is a considerable demand, such as teachers, servants, 
agriculturists, etc. 

(2) Many exceptional clauses facilitate the reunion of 
families. Wives, minor children, old parents or other members 
of the family, or friends, specified by the immigrants, are received 
either by way of exception to the ordinary law or under special 
conditions. 

(3) The effects of the war are still being felt and ex-soldiers, 
men disabled in the war, and nurses often r.eceive preferential 
treatment, while subjects of ex-enemy countries are still refused 
admission in many cases. 

(4) Considerable latitude in interpretation is frequently 
allowed to the representatives of immigration countries abroad, 
such as High Commissioners, Consuls, or Emigration Agents 
and the same applies to different authorities in the immigration 
country itself. A number of laws and regulations authorise 
certain of these officials holding more or less hig'h positions 
to grant special authority for admission into the country which 
they represent. This authority, which is sometimes valid for 
an indefinite period, but more often for a fixed period, generally 
exempts the immigrant from only one part of the conditions 
of admission. 

Certain exemptions are granted finally, others simply 
prescribe a delay during which the immigrant can prove that he 
complies with such and such a condition. Others again permit 
entry into the country subject to a deposit or some other guar- 
antee. In fact, although it is easy to enact rigorous laws, it is 
not always possible to rule out of account the considerations 
of humanity in their application, for a literal interpretation 
of the law would, in many cases, involve obvious hardship. 

(5) Travellers in transit or those coming from certain 
countries or districts often enjoy special conditions which 
can, however, not be analysed here. 



There are also many provisions which have the effect of 
increasing the restrictive nature of the law. 

(1) The most important of these have reference to passports 
and visas. The Consul of a country can, without giving, any 
reason for his action, either grant or refuse his visa, in conse- 
quence of instructions from his Government, which may or may 
not have been made public, or as a result of a variety of consid- 
erations. 

(2) In many laws it is laid down that for reasons which 
are kept secret or as a result of information received from the 

— 219 — 



authorities of the country of emigration or elsewhere, the em- 
barkation or disembarkation of an immigrant may always be 
forbidden in individual cases. 

(3) Other laws confer on certain diplomatic or consular 
officials abroad the right to issue temporary regulations in 
accordance with instructions received from their Government, 
which modify the conditions .of admission to such an extent 
as frequently to render access to the country impossible for 
the emigrant. 

(4) Many law3 also authorise the national authorities to 
issue regulations by means of administrative orders, either 
for all immigrants or for certain classes of immigrants, which 
at very short notice alter the conditions of admission into the 
country. In this connection the industrial situation in the coun- 
try of immigration exercises a great influence on the regulations 
and on the system applied to immigrants. 



* 

* * 



Under these conditions a knowledge of the immigration 
laws does not enable us always to state with certainty that a 
particular individual will be admitted or rejected. Further, 
the personal element always plays a certain part in the ques- 
tion of admission or rejection. Reference can only be made, 
therefore, to the fact that in addition to the general conditions 
of admission there are in each country exceptional clauses 
of various kinds. In practice it is absolutely indispensable to 
apply to Consuls or to other qualified persons representing 
the countries of immigration, for they are in the best position 
to advise in individual cases. They alone can know and apply 
the different Orders, which are frequently modified, and, above 
all, the instructions received which explain their scope and 
their sense. 



— 220 



CHAPTER III. 



THE ORGANISATION OF IMMIGRATION. 



The majority of countries of immigration have appointed 
special administrative bodies to deal with matters connected 
with the admission of immigrants to the country, either 
in order to limit excessive immigration, or on the contrary 
to appeal for immigrants by circulating information on the 
conditions offered to foreign workers in the country or by 
appointing officials abroad to recruit immigrants. Provisions 
of this kind are reviewed in the first section of this chapter. 

The second section deals with the advantages granted to 
immigrants, in connection, for instance, with the expenses 
of the journey, the transport of instruments and tools, accom- 
modation on arrival, and various other privileges. It also 
shows what system in the chief countries of immigration is at 
present in force as regards land settlement, in so far as this 
affects immigrants. In most new countries the main reason 
for making an appeal for immigrants is a desire to have the land 
cultivated. 

It should be remarked in connection with the latter section, 
even more than with the conditions of admission of immigrants, 
that the advantages granted are of such a kind as to be fre- 
quently modified. The legislation, which is analysed here and 
which has sometimes been in force for a considerable time, 
is often modified or falls into partial or complete disuse, and it is 
not always possible to determine when such and such an advan- 
tage was introduced, suspended, suppressed or re-established. 
This is more particularly true of distant or quite new countries. 
Moreover, the granting of these privileges is always a more or 
less arbitrary concession on the part of the agents of the govern- 
ment, which has extensive rights to select or refuse applicants. 

— 221 — 



The laws which are analysed here are those which have 
been adopted and put into force for a fairly long period and are 
intended to show what rights the immigrant can claim when 
he arrives at his destination. These rights cannot be determined 
exactly and for each particular case except by the agents of the 
country of immigration, for the settlement measures are often 
modified or suspended in view of the economic conditions of 
the moment. 



1. Administrative Bodies dealing with Immigration. 



Algeria. 

The Office of the Algerian Government was created in 1892 
as a result of a resolution passed by the Budget Commission 
of the French Chamber of Deputies. Its functions are specially 
concerned with French colonisation in Algeria. To this end the 
Office organises widespread propaganda in order to bring before 
the public knowledge of the privileges granted by the Algerian 
Administration to future settlers. In particular it announces 
the sale of land at reduced prices and free concessions by the 
issue of pamphlets and booklets containing all the necessary in- 
formation required by those who wish to acquire State property. 

Legislation on concessions and sales of State property in 
Algeria is favourable to colonisation, in the sense that it reserves 
the privilege of such free grants or advantageous terms for 
acquiring property to settlers of European origin, to the ex- 
clusion of natives. For this purpose the Office provides precise 
and detailed information on the centres which have been, or 
will be, created, on the resources to be found there, and on the 
kind of cultivation to which the areas devoted to settlement 
are suited. 



Argentina. 

The Act of 1876, which is still in force so far as most of 
its provisions are concerned, created a General Immigration 
Department immediately dependent upon the Ministry of 
Agriculture. It is directed by a Commissioner General. 

The duty of this Department is to encourage immigration 
and distribute immigrants in the most suitable way. For this 
purpose it has to keep in touch with all the emigration agents of 
the Republic abroad, and with all the Commissions and autho- 
rities which are concerned with the question of immigration, 
in particular with the Office of Lands and Colonies, in such 
a way as to co-operate in the work of colonisation. It has to- 

— 222 — 



promote honourable and active immigration and point out 
suitable means for stopping the current of undesirable or useless 
immigration. It inspects immigrant ships and insists uj^on the 
strict carrying out of the laws relating to the sleeping accommo- 
dation, food, hygiene, safety and convenience of immigrants 
on board ; it intervenes at the time of the immigrants' disem- 
barkation, supervises the transportation contracts in accordance 
with the instructions of the Executive Power, and receives 
from the captains of immigrant ships the lists of immigrants 
and all other papers which are considered to be necessary. It 
assists in finding employment for immigrants through the 
medium of the employment exchanges and it sends towards 
the interior of the country those immigrants who desire to go 
there. It facilitates legal action on the part of immigrants with 
reference to any question relating to immigration, prepares the 
budget of the Department and administers the Immigration 
Fund. It also has to keep a register in which is inscribed in 
chronological order the arrival of each immigrant, together with 
all details judged necessary by the law, and to prepare the 
annual report of the number of immigrants who arrive, their 
quality, their occupation, their origin, etc... 

For propaganda abroad the Executive Power may appoint 
special agents in suitable places in Europe and in America 
with a view' to encouraging emigration to the Argentine. The 
Executive Power may also appoint immigration commissions, 
subordinate to the central Department, in all the provincial 
capitals and ports of disembarkation. 

Finally, the Government has organised a general Immi- 
gration Fund which has the following resources :— 

(1) Credits, voted specially for the fund in the Budget Act. 

(2) Money transmitted by the Office of Lands and Colon- 
isation. 

(3) Fines which are imposed as a result of the immigration 
laws. 

(4.) All sums of money payable by immigrants. 

The administration of this fund is in the hands of the Immi- 
gration Department w'hich has to utilise the money exclusively 
for making advances or paying travelling expenses to immi- 
grants in cases laid down by the laAV, to the supervision of 
contracts which are made with shipping companies for the trans- 
port of immigrants to the Republic, for immigrants' hostels, for 
the payment of expenses entailed by providing accommodation 
and the transport of immigrants to that part of the Republic 
in w^hich they desire to settle. 

In addition, special immigration funds can be created for 
the payment of relief to poor immigrants and for the develop- 
ment of new industries. Budget surpluses are used for the most 
part in the construction of new hostels. 

— 223 — 



Australia 

Various measures have from time to time been adopted 
by the Commonwealth and State Governments with a view 
to promoting the immigration of suitable classes of settlers 
into Australia. The activities of the Commonwealth Govern- 
ment (which is vested with constitutional powers in regard 
to immigration under Chap. I., Pt. Y., Sec. 51, XXVII and 
XXVIII of the Commonwealth Constitution Act 1900) with 
respect to the encouragement of immigration, have until recently 
practically been confined to advertising the resources and attrac- 
tions of Australian handbooks, newspapers, and periodicals. 
The advertising in the United Kingdom of the resources of 
the individual States was carried out by their Agents-General 
in London. 

An agreement was reached between the Commonwealth 
and the States in 1920 under which the Commonwealth, in 
addition to carrying on propaganda work, is responsible for 
the recruiting of immigrants abroad and for their transport 
to Australia. The States are responsible for the reception of 
the immigrants on arrival in Australia, and for placing them 
in employment or upon the land. ^ 

In pursuance of this agreement a new A.ustralian Govern- 
ment Department, known as the Migration and Settlement 
Office, was opened at Australia House in London on 1 March 
1921. All matters dealing with migration and settlement for 
all the States of Australia are dealt with at this Office. 

The Department of Customs is, generally speaking, entrusted 
with the duty of carrying out the immigration laws. 

Bolivia 

A Labour Office, created in 1907, has the sole charge of 
matters relating to immigration. This office receives and places 
immigrants and gives them every assistance until they are 
settled. Persons wishing to engage immigrants or to have 
them brought from Europe must apply to this Office. 

Immigration Committees have been created in the chief 
town in each Department in order to co-operate with the Labour 
Office in placing and settling immigrants. 

The task of carrying on propaganda abroad in favour of 
emigration to Bolivia and of disseminating information on 
this subject is entrusted to consular agents. 

Brazil 

The enforcement of the federal laws on immigration and 
colonisation is entrusted to the Land Settlement Office, which 
is connected with the Ministry of Agriculture, Industry and 

1 Cf. Official Year Book of the Commonwealth oj Australia, 1901- 1920, 
p. 1037. 

— 224 ~ 



Labour. This Office is divided into two sections, one ol' which 
deals with immigration, the other with colonisation. 

The federal Land Settlement Office includes an Immigra- 
tion Inspection Office, whose function is to give detailed infor- 
mation concerning the conditions of colonisation in lirazil 
to immigrants landing at Rio de Janeiro, Santos and Sao Paulo 
or persons in transit travelling on ships. 

This information is provided by the Official Information 
and Employment Office, which is situated near the port of 
Rio. Application may also be made to the Ministry of Agricul- 
ture, Industry and Trade, where a special Information Office 
and the Central Colonisation Board are situated. 

A draft Regulation of 1921 places the Immigration Olhces 
under the National Labour Department, one section of which 
is specially entrusted with matters concerning the introduction, 
lodging, employment, repatriation, etc. of immigrants. 

The same draft Regulation provides for the establishment 
of Immigration Commissioners abroad, whose principal duties 
would be to disseminate information on immigration, coloni- 
sation and the conditions of labour in Brazil. 

In the State of Sao Paulo the Ministry of Agriculture, Trade 
and Public Works deals with all matters relating to immigration 
and colonisation, and for this purpose possesses the following 
offices : — 

(1) The Immigration Inspection Office, situated at Santos, 
which superintends landing operations and inspects vessels 
on their arrival. 

(2) The Board of Land Settlement and Immigration, which 
is situated at Sao Paulo and entrusted with the organisation 
of the official settlements. 

The government of Sao Paulo has a commissioner in Europe, 
who gives information to persons desirous of settling on the 
territorv of the State. 



Canada 

The Department of Immigration and Colonisation at Ottawa 
controls all official machinery in Canada referring to immigra- 
tion and colonisation. There are Commissioners of Immigration 
at Ottawa (for Eastern Canada), Winnipeg (for the prairie 
provinces), and Vancouver (for the Pacilic province). Through- 
out the country, there are land agents, land guides, and immigra- 
tion inspectors, travelling on trains and otherwise, to whom 
any immigrant may apply for help, advice or assistance. 

For the Continent of Europe the Government has organised 
an Emigration Service consisting of a Superintendent of Emi- 
gration, whose headquarters are in London, and a Government 
emigration agent at a number of towns in the United Kingdom. 

— 225 — 

IT) 



Through these agencies, which are official and the entire expense 
of which is borne by the Canadian Government, enquirers 
and intending emigrants are advised as to the resources, oppor- 
tunities and conditions in Canada. No charge is made to immi- 
grants for the information provided. 

By the Act of 1919, every person who, in a country outside 
of Canada, makes false representations as to the opportunities 
for employment in Canada, intended to encourage or induce, 
or to deter or prevent, immigration into Canada, is liable on 
summary conviction before two justices of the peace to a fine 
or to imprisonment or to both. 

Chile 

A Decree of 14 October 1907 reorganised the Office for 
Colonisation Inspection, the title of which was changed to 
Office for Colonisation and Immigration Inspection. Since 
that date this office has been entrusted with the enforcement 
of the immigration laws and regulations and with propaganda 
for the development of immigration. An Agency General for 
immigration has been established in Europe. 



Colombia. 

The General Immigration Department is a section of the 
Ministry of Public Works. 

The Department can establish immigration committees 
in the chief towns of the Departments, ports and in any other 
place that may be considered convenient. 

The General Immigration Department is entrusted with 
the following duties :— 

(1) Maintaining relations with immigration agents or the 
agents of the Republic abroad, with consular agents, 
immigration committees and the authorities of the 
country on all matters connected with the encourage- 
ment of immigration and the distribution of immigrants 
throughout the country ; 

(2) The encouragement of useful immigration and the 
suppression of immigration harmful to the country, 
the enforcement of the regulations concerning the 
lodging, feeding, health and security of the immigrant 



(3) Demanding from immigration agents the list of immi- 
grants, their passports, documents, contracts and all 
other necessary information ; 



other necessary 
(4) To provide for the settlement of immigrants ; 

— 226 — 



(5 
(6 

(7 

(8 
(9 

(10 
(11 



To facilitate legal action by immigrants in cases of 
failure to carry out contracts for work or transport, 
bad treatment, etc. 

To propose to the Government the adoption of 
suitable measures concerning immigration, or the reform 
of such as have proved to be unsuitable in practice ; 

To administer the funds provided for the encourage- 
ment of immigration ; 

To keep a register of immigrants ; 

To direct immigration to the districts indicated by 
the Government for colonisation ; 

To report annually on immigration in Colombia. 

To make the necessary regulations for its own organisa- 
tion and work. 



The powers and duties of the Immigration Committees are : 

(1) To receive, lodge and direct immigrants ; 

(2) To encourage immigration to their respective territories 
by means of active propaganda ; 

To facilitate in their respective districts the creation 
of private associations for the protection of immi- 
grants ; 

(4) To obtain from the government and municipal author- 
ities subsidies in money or land, etc., on behalf of 
immigrants ; 

To give all possible aid to the General Immigration 
Department in all that concerns immigration ; 

To furnish the Department with annual reports on 
immigration in their respective territories. 

By the Act of 1909, consular agents of the Republic are 
provisionally required to act as immigration agents in places 
where this is allowed by the legislation of the country concerned. 
For this purpose the duties of these officials include the follow- 
ing :— 

(1) To issue gratis to all emigrants for Colombia certificates 
as to character and fitness. 

(2) To observe that the transport contracts entered into 
between the masters of ships and emigrants are satisfactory from 
the point of view of the latter. 

(3) To obtain from the masters of ships in the ports of 
embarkation lists of the names of emigrants for Colombia 
and to transmit these lists to the Immigration Department 
together with any necessary information. 

(4) To conclude immigration contracts according to Govern- 
ment instructions. 



227 — 



Cuba. 

The Department of Agriculture, Commerce and Labour com- 
prises a section for Immigration, Colonisation, and Labour. 
This section is divided into two parts, one for Immigration, 
the other for Colonisation and Labour. 

Regulations issued on 20 August 1910, for the enforcement 
of the Immigration Act of 1906, entrusted this section with 
the following functions : — 

(a) Administration of the Colonisation Offices ; 

(b) Preparation of agreements with colonisation enterprises 

and with individuals having an interest in the immi- 
gration of settlers ; 

(c) Intervention in all matters affecting Immigration Offices 

and officials established abroad ; 

(d) Proposal of measures for the encouragement of immigra- 

tion, for the administration of State settlements, and 
the protection of settlers and their families ; 

(e) Enforcement of the regulations issued by the Secretary 

of State for Agriculture, Commerce and Labour con- 
cerning the activity of the section ; 

{fj Collection and custody of all documents, contracts, 
plans, valuations, etc., relating to the settlement 
lands and the agreements made abroad or at home 
lietwecn immigrants and immigration enterprises, 

A special delegate in Europe for immigration and colonisa- 
tion was appointed under the above regulations. The diplomatic 
and consular representatives of the Republic are in communi- 
cation with this official and assist him in all matters relating 
to his office. 

The delegate's functions include that of organising propa- 
ganda on behalf of emigration to Cuba and of supplying infor- 
mation to persons desirous of going to that country. 

He is further required to certify the fitness and moral 
character of emigrants for Cuba, to intervene with regard to 
transport contracts of emigrants leaving on Government 
account ; to observe that the regulations and conditions under 
which ships must transport emigrants are being carried out : 
to obtain from captains of these ships lists of the emigrants 
embarked : to pay the travelling expenses of families of immi- 
grants authorised to join the latter at Government expense ; 
and to make an annual report to the Secretary for Agriculture, 
Commerce and Labour, on the immigration movement and 
on methods of improving existing services. 

— 228 — 



i 



Denmark. 

The execution of the provisions of the Act of 1912 coneern- 
ing the protection of immigrants is supervised, in accordance 
with the instructions of the Minister of the Interior, as far as 
possible by the pohce or, if necessary, in certain districts, by 
the factory inspectors. Inspectors and the pohce and medical 
authorities can enter any establishment where foreign workers 
are employed or are in residence. 

The expenses for journeys, transport, interpreters, etc., 
incurred in consequence of the inspection, are covered by the 
annual Finance Act. 



France. 

In 1916 a department was created at the Ministry of Muni- 
tions, charged with supervising the recruiting of labour and, 
after the workers had arrived in France, wuth supervising the 
conditions and place of employment. 

In view of the connection existing between the work of the 
new office and the general organisation of labour, the depart- 
ment was transferred in October 1917 to the Ministry of Labour, 
to which it is now attached. 

By an Interministerial Decree of 18 July 1920, a Permanent 
Immigration Commission was established. This Commission 
was charged : — 

(1) With the preparation of treaties and conventions relating 
to immigration and the supervision of their general application. 

(2) With the establishment, after consultation with the 
National Labour Council, of co-ordination in the work of the 
various Ministries dealing with foreign workers. 

This Commission is estabhshed at the Ministry of Foreign 
Affairs. It consists of directors from the various ministries 
interested in the question of migration, and of a professor of 
the Faculty of Law. One of the members of the Commission 
is nominated by the Minister for Foreign Affairs to act as 
permanent General Secretary. It is his duty to maintain rela- 
tions with accredited diploniatic and consular agents in France 
in all matters connected with foreign labour. 

Frequent conferences among the ministries concerned, and 
particularly the above-mentioned Commission, determine perio- 
dically the requirements with regard to foreign labour and the 
measures which may be adopted with a view to facilitatmg 
and regulating its introduction. Immigrant workers are pro- 
tected both by the Government of their country and bv the 
French Government. 

— 229 ~ 



Special conventions have been concluded for this purpose 
by France with Poland, Italy and Czechoslovakia. 

The report on the budget of the Ministry of Labour for 1921 
proposed the establishment of a National Immigration Office. 
This Office, attached to the Ministry of Labour, would centralise 
all services relating to immigration, which are to-day divided 
among various ministries. 

To the suggested office would belong the task of dealing 
with the preparation, drawing up and application of interna- 
tional regulations. 

In a declaration made to the Chamber on 28 January 1921, 
by the Minister of Labour, it was stated that the organisation 
of this Office was at that time receiving the attention of 
the Government. 

A private Bill has also been introduced into the Chamber of 
Deputies, with the object of centralising the various depart- 
ments which deal at present with immigration in several Minis- 
tries, and forming a single Office attached to the Ministry of 
Foreign Affairs. ^ 

The Office would be a legal person (personnaUte civile) and 
have financial autonomy. It would be financed by grants 
from the public authorities and by charges levied on employers 
for the foreign workers procured for them. 

The Office would be sub-divided into two sections, agri- 
cultural and industrial respectively. ^ 

In the Chamber of Deputies, on 8 March 1921, the Minister 
of Labour stated that the Immigration Office would have the 
flexibility proper to an organisation over which Parliament 
should always have the right of supervision. The term "office" 
in French administrative language generally represents an organ 
which is a legal person and has financial autonomy. This is 
not the case with the Immigration Office, which should not be 
an autonomous and self-contained organisation ; it should be 
submitted directly to financial and parliamentary control, 
and to the immediate authority of the responsible ministers. 

French Colonies. 

Frenchmen intending to settle in French Colonies and 
Protectorates are given any necessary information as to agri- 
culture, commerce, industry and the conditions of work by the 
Office of the Algerian Government, the Office of the Sherifian 

1 Bill introduced bv Mr. Edmond de Warren and other members of the 
Chamber of Deputies '(No. 2343. Annexe au proces-verbal de la seance du 
17 mars 1921, Chambre des deputes.) 

- Appendix to the Minutes of the Sitting of the Chamber of Deputies 
of 17 March 1921. (Annexe au Compte-rendu des seances de la Chambre des 
deputes du 17 mars 1921.) 

— 230 — 



Government and of the French Protectorate in Morocco, the 
Office of the Government of Tunis, the General Agency of 
the Colonies (Ministry for the Colonies) and the economic 
agencies created by the Governments of Indo-China, Mada- 
gascar, French West Africa and the French Congo, these being 
the various official bodies maintained in France by tho r«>- 
pective colonies and protectorates. 



Germany. 

The Federal Migration Office (ReichswanderungsamtJ deals 
with immigration and repatriation. Its duties include the 
collection, examination, and publication of information which 
is of interest to immigrants or repatriated Germans, giving 
advice regarding travelling facilities, etc. It looks after the 
lodging of immigrants, helps to find employment for tliem, 
and gives them advice in settling down in the country. 



Greece. 

There is an Office in Greece whose duty it is to supervise 
emigration and immigration and the application of all legis- 
lation on this matter. It is attached to the Ministry of the In- 
terior, and has provincial branches in the Prefectures. 



Guatemala. 

An Immigration Commission has been established at the 
Ministry of Public Works. It is composed of five members 
appointed by the Executive Power. 



Dutch Guiana. 

An immigration fund was established by a Regulation of 
21 August 1878. The administrators of this fund have to take 
all necessary steps to encourage the importation of free 
workers, and deal with all other matters connected with this 
question. The fund consists of the receipts obtained from a 
large number of differents sources, among which special, refer- 
ence mav be made to a tax on male emigrants of 5 florins 
and on female emigrants of 2.50 florins. There are several 
provisions in the laws of the colony on the question of the 
recruiting, embarkation, landing, labour contracts, rates 
of wages, education, medical treatment, and conditions of 
labour of immigrants, as well as in connection with land settle- 
ments, all of which are subject to minute regulation. In 

— 231 — 



1910 an Immigration and Settlement Code was published, 
which has since been supplemented by a large number of 
special provisions i. It is the special duty of the immigration 
fund administrators to supervise the application of this legis- 
lation. 



Honduras. 

In accordance with the Act of 1906 a Department of Immi- 
gration and Agriculture has been created. Its members are 
^he Minister for Public Works (Fomento), the Minister of the 
Interior, a breeding expert, a scientific agriculturist, and a 
commercial man, the three latter being appointed by the 
administrative authorities. This department acts as a con- 
sultative organ of the Government in all matters relating to 
immigration. 



Mexico. 

In accordance with the Act of 1908, matters relating to 
immigration are dealt with by the Secretary of the Interior. 

The staff consists of : — 

(1) Immigration Inspectors at the ports and frontier 
stations ; 

(2) Assistant Inspectors; 

(3) Immigration Councils established in each place 
having an inspector. In districts having no Immigra- 

■ tion Inspector his functions are performed by the 
Health Delegates. 

Palestine. 

By the Ordinance of 1920, the High Commissioner may 
nominate a Director of Immigration and other Immigration 
Officers. 



Paraguay. 

A general Immigration and Colonisation Office has been 
established under the control of the Ministry of Foreign Affairs 
(Act of 1903). 

^ Speciale Wetgeving op de Immigratie en Kolonisalie van Surinam, 
26 Druk. Bril-Leiden, 1910. 

— 232 — 



There is an Immigration Section in the Department of Lands 
and Settlements, the functions of which are laid down in the 
Act of 13 June 1920. It acts as an employment oflice, inspects 
official and private settlements, and assists foreign settlers in 
making claims for non-execution of a contract. 

There is a propaganda branch, which publishes particulars 
on the different settlement systems, the advantages offered to 
immigrants, the facilities for obtaining State lands, etc. It 
has to determine the conduct and skill of every immigrant, send a 
quarterly statement to the Department of Lands and Settlements 
as to the number and quality of immigrants, or as to the causes 
of the increase or decrease in the number, and, in general, has 
to keep in touch with all matters affecting the immigrants. 



Kingdom of the Serbs, Croats and Slovenes. 

An Emigration and Immigration Section has been formed at 
the Ministry of Social Affairs. It is the duty of this section 
to deal with emigration and immigration matters and to super- 
vise the authorities concerned with these questions. Commis- 
sioners are appointed in all the ports of the country, and it is 
their duty to inform the police and port authorities of any 
contraventions of the law. 



South Africa. 

The function of the Department for Immigration and Asiatic 
Affairs, established in the Ministry of the Interior, is the pre- 
vention of the entrance of prohibited immigrants, and it 
carries out any other powers and duties specially conferred 
or imposed upon it. 



L^NiTED States. 

The Department of Labour contains a Bureau of Immigra- 
tion. The head of this Bureau is the Commissioner General of 
Immigration, who is appointed by the President. His duties are 
defined as follows in the Act of 1917 : — 

" That the Commissioner General of Immigration shall 
perform all his duties under the direction of the Secretary 
of Labour. Under such direction he shall 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 employees 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 inconsis- 

— 233 — 



tent with the 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, and shall 
have authority to enter into contract for the support and relief 
of such aliens as may fall into distress or need public aid, and 
to remove to their native country, at any time within three 
years after entry, at the expense of the appropriations for the 
enforcement of this act, such as fall into distress or need public 
aid from causes arising subsequent to their entry and are 
desirous of being so removed; he shall prescribe rules for the 
entry and inspection of aliens coming to the United States 
from or through Canada and Mexico, so as not unnecessarily 
to delay, impede, or annoy persons in ordinary travel between 
the United States and said countries, and shall have power 
to enter into contracts with transportation lines for the said 
purpose. It shall be the duty of the Commissioner of Immigra- 
tion to detail officers of the Immigration Service from time 
to time as may be necessary, in his judgment, to secure infor- 
mation as to the number of aliens detained in the penal, refor- 
matory, 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 public charges. He 
may, with the approval of the Secretary of Labour, whenever 
in his judgment such action may be necessary to accomplish 
the purposes of this act, detail immigration officers for service 
in foreign countries ; and, upon his request, approved by the 
Secretary of Labour, the Secretary of the Treasury may detail 
medical officers of the United States Public Health Service 
for the performance of duties in foreign countries in connection 
with the enforcement of this act. The duties of commissioners 
of immigration and other immigration officials in charge of 
districts, ports, or stations shall be of an administrative 
character, to be prescribed in detail by regulations prepared 
under the direction or with the approval of the Secretarv of 
Labour.i" 

To cover the expenses of this administration, an Immigrant 
Fund has been established. This Fund depends for its income 

^ The immigration force consisted in 1920-21 of about 1700 officers and 
emplojees. The requirements for the seamen's provisions of the immigration 
law of 1917 have materially increased not only the work but the responsi- 
bilities of the Immigration Service. Inspections at seaports increased from 
810,097 in 1919 to 933,081 in 1920. The total number of examinations 
aggregated 1,566,452, composed of 621,576 aliens admitted (430,001 immi- 
grant and 191,575 non-immigrant), 11,795 aliens debarred, and 933,081 
alien seamen, exceeding by 391,504 the average yearly inspections of all 
classes of aliens for the 10 years preceding the \yorld War, which was 
1,174,948, and greater by 114,919 than the total inspections of aliens in 
1907, when immigration reached its highest point. 

— 234 — 



mainly on the Head Tax imposed on aliens arriving in the United 
States. 

Another great revenue producer for the Immigrant Fund 
is the administrative fine, which is a penalty imposed by the 
Secretar}' of Labour for certain violations of the immigration 
law on the part of steamship companies. 

The last source of the Immigrant Fund are court fines and 
forfeited bonds. i 

There is a Division of Information in the Bureau of Immi- 
gration, which was created to promote a beneficial distribu- 
tion of aliens admitted into the United States among the several 
States and territories desiring immigration. The Act of 1907 
lays down that this Division shall correspond with the proper 
officials of the states and territories, and shall gather from all 
available sources useful information regarding the resources, 
products, and physical characteristics of each state and territory; 
it shall publish such information in different languages and 
distribute the publications among all admitted aliens at the 
immigrant stations and to other persons who desire them. 

Any state or territory may be represented at an immigrant 
station by agents, who may have access to admitted aliens for 
the purpose of presenting the special inducements offered by 
each state or territory to aliens to settle there. 

While on duty at an immigrant station, such agents are 
subject to all regulations prescribed by the Commissioner 
General of Immigration who may, for violation of any such 
regulations, deny to the agent concerned any of the privileges 
referred to in the Act. 

The Division of Information is the only agency of the Federal 
Government which specifically seeks to inform arriving immi- 
grants concerning the matters referred to. Several of the states, 
however, maintain departments which are intended to promote 
a mutually beneficial distribution of immigrants and, in some 
instances, their colonisation on the land. 

The Act of 1913, creating the Department of Labour, pre- 
scribes that the head of the Bureau of Naturalisation shall 
be known as the Commissioner of Naturalisation, who shall 
be the administrative officer in charge of the Bureau and of 
the administration of the naturalisation laws and under im- 
mediate direction of the Secretary of Labour. 

Uruguay. 

A Decree of 11 October 1912 charged the Director of the 
Immigrants' Hostel at Montevideo with the duty of super- 

1 The revenues for the fiscal year ending 30 June 1920 were as follows : 

Head Tax ' S 2.947,984.00 

Administrative Fines S 154,210.00 

Court Fines and Forfeited Bonds 8 42,078.00 

$ .'J.l U.2(>T.00 
— 235 — 



vising immigration. He is further required to furnish any 
information as to immigration, free of charge. 

There is also a Settlement Commission, whose duty it is to 
supervise all matters connected with land settlement. 

Consuls abrcad are required to act as immigration and 
recruiting agents. Their work under this head consists in : — 

(1) Certifying fitness and moral character of persons intend- 
ing to go to Uruguay. 

(2) Issuing the tickets for the journey placed at their dis- 
posal by the Government. 

(3) Reporting on the use made of the money obtained from 
the State for these services and on the movement of emigrants 
from their place of residence to Uruguay and other countries 
of immigration. 



Venezuela. 

The Act of 26 June 1918 established a Central Immigration 
Committee at Caracas empowered to encourage and facilitate 
the introduction of immigrants and to ensure their finding 
work. 

Emigration agents are appointed in Europe by this com- 
mittee, and they work in co-operation with the Consuls, 

By the Act of 1918 the Government emigration agents 
are required to furnish future emigrants and steamship com- 
panies with all the information they ask for. They must carry on 
continuous propaganda in this matter, while taking strict 
precautions that immigrants shall only obtain accurate infor- 
mation. They must issue denials of any false information or 
exaggerated promises that may be given by companies or pri- 
vate individuals to the detriment of the nation. The Govern- 
ment itself takes every necessary step to prevent immigrants 
from being deceived as to internal conditions. 

In order to meet expenditure in connection with immigra- 
tion, the Government has created an Immigration Fund, with 
rather limited resources, derived in the main from l)udget 
subsidies. 

2. Advantages granted to Immigrants. 

Argentina. 

Every immigrant who satisfactorily proves his good conduct 
and his skill in any trade or industry has the right on entering 
the Republic to the following advantages : — 

— 236 — 



(1) To receive board and lodging at the expense of the 
State for from 5 to 22 days according to the circumstances, 
such as the immigrant's state of healtli. 

(2) To be placed in employment in the trade or industry 
of his choice if it exists in the country'. 

(3) To be transported at the expense of the State to the part 
of the Republic in which he desires to settle. 

(4) To bring with him, free of all duty, furniture, clothing, 
instruments and tools which are necessary for the work he is 
going to undertake, up to the value indicated by the Executive 
Power. 

These provisions are extended, wherever they are appli- 
cable, to the wives and children of immigrants. 

Special regulations are in force for immigrants who are 
going to agricultural settlements. 

An immigrant who desires to settle in one of the interior 
provinces of the Republic or on a settlement is transported as 
soon as possible and free of charge with his family and his 
luggage to the point which he has chosen. In such a case he 
has the right to be maintained by an Immigration Commission 
for a period of 10 days, after which he has to pay a sum fixed 
by the Government. With a view to facilitating the carrying 
out of this measure the internal navigation companies have to 
put a certain number of places on their steamers at the disposal 
of the Government. 



Australia. ^ 

The Commonwealth Government grants £ 12 towards the 
passages of approved British settlers for Australia. Further 
assistance is granted by way of loans in special cases. Under 
the joint scheme between the Commonwealth and the States 
immigrants entitled to part-paid fares are either assisted or 
nominated immigrants. The former are those who are originally 
recruited by the Commonwealth overseas. The latter are those 
nominated by persons resident in the Commonwealth, and the 
nominators, who must submit their applications through the 
Officers in charge of the State Immigration Offices in the various 
capital cities, are required to undertake to look after their 
nominees upon arrival, and to see that they do not become a 
burden upon the State. ^ 

^ Free passages are granted by the Oversea Settlement Committee 
<London) to British ex-service men and their dependents and to British 
ex-service women to any of the Dominions, subject to acceptance by the 
latter. The last date for making application under this scheme was .31 De- 
cember 1921. 

- Cf. Official Year Book of the Commomvealth of Atistralia. 1901-1920, 
p. 1037. 

— 237 — 



Bolivia. 

The advantages granted to immigrants according to the 
Regulations of 1907 include free transport of the immigrant 
and his family as well as of his luggage and working tools on 
the railways or other transport undertakings of the Republic. 

They also include Government grants of State lands for 
carrying on agricultural or industrial work. The land allotted 
amounts to 50 hectares per person. Children over 14 years of 
age have the right to an allotment of 25 hectares. The immigrant 
enjoys certain facilities as to payment for occupied land and as 
to the acquisition of other State lands. 

Brazil. 

The following privileges are granted by the Federal Govern- 
ment to immigrant agricultural workers coming to Brazil with 
their families : 

(1) Free third class journey from the port of embarkation 
to Rio, or any other port where there is an office for their 
reception and lodging. 

(2) Free landing of passengers and luggage, free board 
and lodging and medical treatment in case of illness whilst 
waiting to continue the journey to their destination, usually 
for eight days. 

(3) Exemption from payment of duty on luggage, agricul- 
tural implements, etc. 

(4) Free transport to the settlement. 

(5) Full information given by interpreters, who accompany 
the immigrants if necessary. 

With regard to other immigrants the Government has entered 
into agreements with steamship companies in order to reduce 
the price of third class tickets on all their lines to minimum 
rates, by which voluntary immigrants may profit. In special 
cases the latter have a right to a reduction of 10 % on the ordi- 
nary rates. Further a voluntary immigrant whose family 
includes at least three persons between the ages of 12 and 50 
years and capable of work, and who settles on the land, may 
obtain a refund of his third class passage from the port of 
embarkation within two years of the date of his arrival. 

In special cases the Government may send for agricultural 
experts at its own expense as well as immigrants of any parti- 
cular trade for the construction of railways, public works, etc. 

On arriving in the settlement he has chosen, the immigrant 
obtains free board and lodging for three to six days according 
to requirements, after which he takes possession of the house 
already built for him. If he is without means, he is given paid 
work during the first six months at the rate of 15 days of work 
a month for each adult. If that arrangement is insufficient, 
he is able to obtain food on credit on fixed terms. 

— 238 — 



Seed and plants are issued periodically free of charcrc. 
During the first six months he is allowed free use of live stock 
and agricultural tools and machinery, subject to the approval 
of the directors of the settlement. 

Free instruction and medical attendance arc also gi\cn. 

The kind of land to be used for immigrant settlements is 
defined in the Decree of 9 July 1911. 

As regards the acquisition of land by immigrants, the settler's 
rights are first of all guaranteed by temporary title deeds which 
are handed to the head of the family when he reaches the settle- 
ment, if he does not possess the necessary means for paying 
in cash. The settler is permanently entitled to the land when 
he has fulfilled all his obligations towards the Government. 

Payment for holdings of 25 hectares is made in five annual 
sums dating from the first day of the third year of his stay. 
Interest at 3 % must be paid on arrears, whilst a grant of 1 % 
per month is allowed on all payments in advance. In the case 
of holdings of the second category (50 hectares) and other 
cases, payment is made in eight annual sums according to the 
decision of the Government. 

Each settler can only obtain one holding, but when it has 
been paid for he may purchase a second if his family includes 
more than three persons capable of work. 

Special advantages are granted, with regard to the acquisi- 
tion of holdings, to immigrants who marry Brazilian women. 

In settlements founded by the States with the support 
of the Federal Government, immigrants are granted similar 
privileges. 

Transport companies which establish settlements with 
Government support are obliged to allow the settlers a reduc- 
tion of 50 % on the rate of transport of all produce of the 
settlement for five years from the date of arrival of the first 
family. Similar conditions are imposed on transport companies 
working in the neighbourhood of settlements founded by the 
Federal Government or b}'- the various States. 



Canada. 

The Department of Immigration and Colonisation for many 
years encouraged a movement of juvenile immigrants from the 
United Kingdom to Canada, and paid a yearly per capita 
bonus of two dollars to the Receiving and Distributing Office 
and Homes, which are maintained by various philanthropic 
societies. By an Order in Council, dated 29 May 1920, it was 
decided to discontinue this bonus and to make a grant to 
Offices and Homes which bring at least one hundred juvenile 
immigrants to Canada of one thousand dollars for the first 
hundred and five hundred dollars for each additional hundred 

— 239 — 



immigrants. The Homes are inspected by the Chief Inspector 
of British Juvenile Immigrants before the grant is paid. 

Apart from the grant towards the immigration of British 
juvenile settlers, the Canadian Government does not, through 
the Immigration Service or any other Service, offer any finan- 
cial assistance by way of grant, reduction of travelling expenses, 
or in any other way, "but there is a system of free homesteading, 
under w'hich every male over 18 years of age (and others spe- 
cially designated) 'may secure 160 acres of land from the public 
domain of Canada, Vipon certain residential and cultivation 
conditions. 

This grant of land is available to foreign-born as well as 
to native-born, provided only that the foreign-born must 
become naturalised Canadian subjects before the free grant, 
by Letters Patent, of this land will be made by the Crown to 
them. 



Chile. 

A Regulation of 15 October 1895, amended in 1898 and 
1900, granted reduced rates for the transportation of immigrants 
and their luggage. By a Regulation of 23 December 1906 free 
passages were instituted, but at a later date the number of 
immigrants was limited, and since 19 July 1910 free passages 
have been granted in exceptional cases only. 



Cuba. 

According to the Act of 11 July 1906, the State undertakes 
to defray the travelling expenses of families coming from 
Europe or the Canary Islands to Cuba provided that the family 
proposes to settle on the property of a landowner, tenant, 
or settler who has previously agreed to conclude a contract 
with the head of the family to ensure his settlement on the land 
in question. The application of the landowner, tenant or settler 
must be addressed to the Department of Agriculture together 
with a copy of the contract which he proposes to conclude 
with the heads of the families. Free transport may, however, 
be granted by the State even Avithout the presentation of an 
application by a landowner, tenant or settler. 

By the same Act every immigrant who can testify that he 
has been engaged in agricultural Avork in Cuba during one 
year and can prove his good conduct, has the right to apply 
for the transport of the family which he has left in his own 
country, at State expense. Preference is given in this connection 
to immigrants who state their intention to become naturalised 
Cubans. 

— 240 — 



By Section 26 of the Regulation of 20 August 1910 on immi- 
gration and colonisation, every immigrant who can prove his 
good conduct, who has been engaged for two years in work 
connected with the cultivation of land, with mines, or agricultu- 
ral industries on the territory of the Republic, has the right 
to obtain the transport to Cuba at State expense of his wife 
and children. 

Section 27 of the same Regulation establishes further that 
every '' settler " (see below) under State or private under- 
takings who has lived in the country for two years has the right 
to apply for transport to Cuba at State expense of any member 
of his family who desires to come there in order to work, pro- 
vided that information on the moral character of such person 
is favourable. 

These provisions may be extended to the widows of agri- 
cultural immigrants who have died in Cuba after a stay of 
more than two years, pro\dded that they can prove that they 
are not more than 40 years of age, that they have children 
aged over 8 years, that their conduct has been satisfactory 
and that they are capable of doing domestic work. 

The Government is empowered by Section 37 to make 
arrangements with national corporations, undertakings and 
landowners, to bring out at the expense of the State the 
families of immigrants provided that such corporations, under- 
takings or individuals agree to grant holdings of land on advan- 
tageous terms and to employ the men in such families during 
the first year of their stay in the country. 

Section 24 of the Regulation of 20 August 1910 defines 
an "■ immigrant settler " as any male alien, agricultural worker, 
industrial worker or artisan who is not over 55 years of age, 
and who, having produced evidence as to his moral character 
and capacity, agrees before an immigration agent of the Republic 
abroad, authorised for this purpose, to go to Cuba together 
with his family, his passage to be paid by the Government, 
by a public corporation, by a private undertaking, or by him- 
self, for the purpose of establishing himself in accordance 
with the laws in force on this matter, on a settlement belong- 
ing to the State, to a public corporation or to a private 
individual. 

Settlers who arrive in Cuba on these conditions enjoy certain 
privileges such as disembarkation, board and lodging at the 
expense of the State until the date of their installation, the 
free importation of their personal property, furniture and tools, 
transport to their final destination, the concession of a holding 
of land, and their establishment as privileged settlers, together 
with the whole or part of the privileges provided for in the Regu- 
lation of 1910. 

Section 30 of the above Regulation stipulates that every 
settler who arrives in Cuba in accordance with an agreement 

— 241 — 






as described, in order to occupy a holding on a State settlement, 
must sign a contract the terms of which provide for State 
payment of his passage and that of his family, and the cession 
of a holding of land of 6-15 hectares including a dwelling, 
with the necessary furniture, tools and live stock as laid down 
in detail in the Regulation. The settler for his part undertakes 
in the contract to maintain everything that he receives for 
carrying on his work in good condition and to look after the 
live "stock. For six months from the date of his installation 
in the settlement, the settler receives an allowance propor- 
tionate to the number of members of his family, varying from 
20 to 30 piastres per month, which is repayable without interest 
in 10 years dating from the second year of his installation, 
in annual payments at rates fixed in the contract. The failure 
to make these payments for two years involves the cancellation 
of the contract. As soon as the settler has refunded half the 
advance made to him, he becomes the owner of the property, 
but the State retains a special mortgage on the remaining 
half until the total advance has been repaid. The settler enjoys 
all the privileges granted under the Royal Decree of 1790. The 
elementary education of all minors belonging to the families 
of settlers is paid for by the State. 

Fbance. 

Foreign agricultural workers are entitled to benefit by the 
various advantages granted to Frenchmen in the matter of 
credits, mutual aid and agricultural co-operation. They are at 
present allowed to travel at half rates on all the large French 
railway systems. 

The same system applies to foreign workers for whom 
work has been obtained through the immigration offices or 
public employment exchanges, and who enjoy the same travel- 
ling facilities as French workers (reduced rates for travelling, 
etc.). 

Germany. 

The Federal Migration Office (ReichszvanderungsamtJ gives 
immigrants such advice and information as may be useful to 
them. Under the auspices of this Office, the Colonial Bank 
(Kolonistenbank) was founded, with a view to assisting Germans 
coming from Russia, on a co-operative basis. The Office also 
promoted a fund for the assistance of repatriated Germans 
coming from any part of the world. 

Guatemala. 

Three classes of immigrants are distinguished by law : 

(1) Those who arrive in the country without a contract ; 

— 242 — 



(2) Those who have been engaged by eompanics oi pri\;tlc 
nndertakings ; 

(3) Those who have been engaged by the Government- 
Immigrants belonging to the first of these three classes 

are allowed free passage, exemption from the payment of 
customs duties on their personal property and of consular 
fees, and free transport to their destination. Those of the 
second and third classes enjoy the same privileges, but the cost 
of their journey is charged, in the former case, to the company 
or person who has engaged them and, in the latter, to the 
Government itself. 

All three classes of immigrants obtain from the Govern- 
ment board and lodging during the five days following their 
arrival. 

Immigrants whose good conduct has been ascertained 
may be given by the Government a concession of a land holding 
of 45 hectares on condition that they cultivate one-third of the 
land obtained during the following four years, after which they 
are entitled to the property. 



Dutch Guiana. 

By an Order 'of 11 December 1914 which was intended jto 
promote the encouragement of small holdings, and particularly 
the permanent establishment of immigrant workers as settlers, 
the Government is empowered either to let or sell holdings 
of State property on advantageous terms, either to nationals or 
to foreign workers who have fulfilled previous contracts in a 
satisfactory manner. The holdings may not be smaller than 
1 ^ hectares. They are exempt from all payments and land 
tax for six years. At the end of these six years the immigrant 
must pay a rent varying from 2-10 florins per hectare per 
annum according to the situation of the property. 

On the other hand, the Colonial Administration may make 
advances to proprietors of land on conditions laid down by the 
Decree of 11 December 1914. 

Finally, there are measures applicable to immigrants who, 
having originally come to Dutch Guiana in order to work in a 
private enterprise, consent to remain in the country as settlers 
after the date on which they can claim to be repatriated by the 
enterprise W'hich recruited them. If at a later date they give up 
their agricultural work, the Colonial Administration ensures 
their repatriation on the same conditions as those to which they 
were entitled as a result of their recruiting contract, or, if they 
prefer it, the Administration grants them an indenmity of 100 
to 200 florins according to whether they are single or marrietl, 

— 243 — 



Mexico. 

According to a Presidential decision of 27 July 1921, the 
Department of Agriculture and Public Works (Secretaria de 
Agricultura y Fomento) is empowered to pay to immigrants : 

(1) The cost of their journey from the place at which they 
entered Mexican territory to their final destination ; 

(2) 50 % of the cost of transport of their luggage, furniture, 
agricultural implements and live stock ; 

(3) Any customs duties that they may have paid on import- 
ing such goods. 

New Zealand. 

Assisted and nominated passages are available from Great 
Britain to New Zealand. Nominations can be made by residents 
in the Dominion for domestic servants and agriculturists. 
A nomination is accepted only upon the understanding that the 
resident in the Dominion is responsible for the nominee imme- 
diately on arrival. The question of suitability of any applicant 
for a reduced passage is decided by the High Commissioner in 
London. 



Paraguay. 

According to the Act of 9 October 1903, an immigrant who 
travelled on his own account and had a minimum capital of 
50 gold pesos if alone, or 30 gold pesos per adult male if the head 
of a family, enjoyed the following advantages : — 

(1) A second class ticket from any place on the La Plata or 
Parana rivers to Asuncion ; 

(2) The free disembarkation of his luggage and tools ; 

(3) Board and lodging at State expense during the eight 
days following his landing and, in case of illness, free medical 
aid ; 

(4) Free importation of his personal property, furniture, 
live stock and tools ; 

(5) Transport at State expense up to his destination provided 
that such destination is situated on a railway or navigable river. 

(6) The assistance of the immigration authorities in all 
matters connected with the necessary information as to his 
settlement and the contracts into which he must enter prior 
to engaging labour. 

— 244 — 



Immigrants were prohibited from leaving the territory of 
the Republic in order to establish themselves in a neighbouring 
country on pain of having to refund to the State the costs due 
to their journey, disembarkation, board and lodging, etc. 
The authorities could, if need be, prevent the departure of an 
immigrant who failed to observe these provisions. 

The Government has generally speaking ceased to allow 
immigrants the cost of the journey from Buenos Aires to Para- 
guay. The privilege is, however, still granted to immigrants in 
certain cases where there is sufficient justification for so doing. 
The principal advantage at present granted in connection with the 
transport of immigrants consists in a reduction of 25 % on the 
normal railway rates in the case of groups of immigrants of 
more than ten persons. 



Uruguay. 

Ships carrying immigrants are visited by an official of the 
Immigration Service who is expected to come to the aid of the 
immigrants, especially of those intending to stop at the immi- 
grants' hostel, where they may stay free of charge for five days. 
Those who stay longer are required to pay 30 gold centavos, 
children being taken at half price. They can also obtain board 
there. An employment agency concerned particularly with 
agricultural work is at the disposal of immigrants. 

The Immigration Service allows a reduction of 50 % in 
the cost of the journey from Montevideo to the country. A 
reduction may also be allowed on the very high charge made for 
the transport of luggage. 

The State makes an advance of the cost of the journey 
of immigrant labourers by virtue of the Decree of 7 July 1911, 
which amount must be refunded by the person who has applied 
for the workers and who must pay the necessary deposit for 
this purpose when making his application. By the Decree of 
22 February 1913, the repayment of the advance must be 
made wuthin 2 14 years dating from the arrival of the immigrants, 
in half yearly sums equivalent to 20 % of the amount advanced 
by the State. 



Venezuela. 

The Government maintains agents in the principal immigra- 
tion ports, whose duty it is to receive immigrants, and accompany 
them to special depots, the establishment and administration 
of which are charged to the State. These agents have to provide 
the immigrants with lodging, and see to the landing of their 
luggage at the expense of the Government. They have also to 
look for work for the immigrants, and draw up labour contracts 

— 245 — 



if the immigrant so desires. All this must be done gratis. Board 
and lodging are provided free of charge to immigrants without 
contracts for a period of 10 days, and to immigrants going to 
agricultural settlements, until their arrival at the latter. 

The immigrants are free from military service under certain 
conditions. Like Venezuelan subjects they may occupy national 
waste lands and obtain free concessions in accordance with the 
laws of the country. 

The Act of 1918 authorises emigration agents in Europe to 
pav the passage of those who have agreed to go to Venezuela as 
immigrants on contract or as settlers. The executive authorities 
are empowered for this purpose to enter into agreements with 
transport undertakings. 

The second part of the Act of 1918 sets up a special 
Office for this purpose under the Ministry of Public Works 
(Fomento). Large areas have been placed at the disposal of 
this Office, whose duty it is to allot the sections thus created 
to Venezuelan subjects and to immigrants in accordance with 
the schemes and systems described at length in the Act (Sec- 
tions 55-127). 

The first 100 families, of whom at least half must be those 
of immigrants, who establish themselves in a Section receive 
free grants of land (to the extent of 25 hectares per adult to 10 
hectares per child). The rest of the farming lands after such 
allotment has taken place are paid for at the rate of 10 bolivars 
per hectare, repayable in ten annual payments of 1 bolivar 
per hectare as from the end of the first two years. These sales 
are made on condition that two-thirds of the land shall be 
cultivated within five years. In addition building land is ceded 
at the rate of 10 bolivars per lot. 

Advances may also be made to immigrants in the form of 
the provision of tools, live stock, material, seed, board and 
lodging, or of cash at the rate of at most 1,000 bolivars, repay- 
able in five equal sums per annum dating from the third year. 
Advances for afforestation are also made by the Government, 
which provides for the creation of special settlements for breed- 
ing and industry. 

The produce of the sale of farming land and of the refunding 
of advances is to be used for forming a settlement fund intended 
for the development of settlements. 



246 



i 

J 



CHAPTER IV. 



ADMISSION AND REJECTION OF IMMIGRANTS. 



In this chapter will be found information relating to the 
legislation and regulations of countries of immigration deal- 
ing with the conditions of transport and the procedure followed 
by immigrants from the time they leave their home until 
their establishment in the country of immigration, or even, 
it may be, until their deportation after admission. 

The chapter is divided into four sections : 

(1) Examination on embarkation by representatives of the 
country of immigration. In this section no account will be 
taken of the ordinary enquiries made by Consuls before granting 
visas, which apply to all travellers, but only of the provi- 
sions specially applying to immigrants. The examination 
made by the authorities of the countries of emigration are not 
considered here either. 

(2) Conditions on the journey imposed by the laws and 
regulations of the countries of immigration. Under this head 
the sanitary conditions imposed by the legislation of the coun- 
tries of immigration will be specially analysed, and a general 
indication will be given of the points on which the laws of the 
countries of emigration and immigration may conflict witli 
respect to the application of some of these provisions. 

(3) Examination on landing, or at the land frontiers of these 
countries. The various formalities to which the immigrant is 
subjected on entering the country will be ^examined in this 
section, together with the conditions of the examination result- 
ing in such admission. The method of settling the doubtful 
points which may arise in this respect are dealt with in the follow- 
ing section. 

(4) Procedure in connection with the admission of inuni- 
grants, their immediate rejection, repatriation, or deportation 

— 247 — 



after a certain period. In the matter of deportation the various 
pohce regulations of a general character have not been examined, 
and the study has been limited to the provisions relating to 
immigrants as such. 



§ 1. Examination at Point of Departure. 

Argentina. 

Under the Act of 1876, the Executive Power may appoint 
special agents in Europe and America, whose duty it is to deal 
with questions of immigration. These agents, or the Consuls, 
have to issue certificates proving good conduct and professional 
skill to every person going to the Republic as an immigrant. 
These certificates are delivered free of charge. 

Australia. 

An intending immigrant must be examined as to his physical 
and mental fitness by a medical referee, and must answer 
the authorised list of questions put to him by the medical 
referee, who, if satisfied that the intending immigrant is of 
sound health, issues a certificate of health on payment of a fee. 
If an intending immigrant embarks at a place where there is no 
medical referee, the examination is carried out by the ship's 
medical officer. If the medical referee or the ship's medical 
officer is not satisfied, the Chief Medical Officer of the Common- 
wealth Medical Bureau may issue the certificate, but he must 
not issue a certificate to any person believed by him to be 
suffering from, or affected with, any disease or disability men- 
tioned in the Act or the regulations. 

An immigrant not possessing a certificate may be permitted 
to be examined on arrival by a medical referee. 



Brazil. 

Emigrants for the Port of Rio are required by the Federal 
Government to go through certain formalities before their 
departure, consisting in the presentation to the official agent 
of the immigration service at the port of embarkation of authen- 
tic documents proving that they fulfil the necessary conditions. 
In the absence of a special agent, these papers must be coun- 
tersigned by the Brazilian Consul or consular agent. 

The representatives of theBrazilian Government are also requi- 
red to countersign at the port of embarkation the documents 
which must be presented by immigrants who wish to obtain the 
advantages granted by the Government. Such papers must give 

— 248 — 



information as to age, moral character, occupation, and degree 
of relationship with other immigrants. 

The representatives of the Government use every means 
to prevent the arrival in Brazil as immigrants of persons who 
do not fulfil the conditions required by the regulations. If, how- 
ever, passengers of this kind have embarked, and the infringe- 
ment of the regulation is observed at the time of embarkation 
the steamship companies are required to repatriate them. 



Canada. 

There is no official Canadian inspection of emigrants before 
departure for that country except in the case of those who are 
financially assisted out of public or charitable funds, or are 
children leaving for Canada as "child emigrants". 

The Governor in Council may, however, make regulations 
for the inspection of immigrants in the country of their domicile 
or origin, or at any port of call en route or on board ship, but 
any such inspection shall not relieve any transportation com- 
pany, owner, agent, consignee or master of a vessel of any of 
the obligations, fines, or penalties imposed by the Immigration 
Act. 



United States. 

The Annual Report of the Secretary of Labour for the year 
1919-1920 contains a recommendation to the effect that the 
United States should, in co-operation with other Governnients, 
take steps to arrange that persons from overseas who wish to 
emigrate to the United States may, before leaving their home, 
apply for admission to the United States, and may be able to 
receive, while still at home, the immigration certificate which 
is at present only granted at the time of disembarkation in 
the ports. A system of this kind already exists between Canada 
and the United States. 

In 1921 the Chairman of the Committee on Immigration 
and Naturalisation of the House of Representatives introduced 
a Bill requiring all future immigrants to the United States to 
present themselves, before their departure, to the American 
Consulate in their own country, in order to be examined there. 
Such examination would be made by inspectors experienced 
in emigration, and bv authorised physicians, acting as Vice- 
Consuls, with the power to grant or refuse the necessary visa 
for departure. 

These proposals have so far not been enacted, but the Qua- 
rantine Act of 13 February 1893 requires American consular 
officers to satisfy themselves of the sanitary and health condi- 
tions of ships and passengers sailing for the United States. 

— 249 — 



Aliens arriving by water at the ports of the United States 
must be listed in convenient groups. To each aHen or head of 
family a ticket is given, containing his number on the list, for 
convenience of identification on arrival. Each list or manifest 
must be verified by the signature and the oath or affirmation 
of the master or commanding officer, to the effect that he has 
caused the surgeon of the vessel to make a physical and mental 
examination of each of the aliens and also that according to 
the best of his knowledge and belief the information in the lists 
or manifests concerning each of the aliens named therein is 
correct and true. If no surgeon sails with any vessel bringing 
aliens, the mental and physical examinations and the verifica- 
tion of the lists or manifests must be made by some competent 
surgeon employed by the owners of the vessels, and the mani- 
fests must be verified by such surgeon before a United States 
consular officer or other officer authorised to administer oaths. 
If any changes in the condition of such aliens occur or develop 
during the voyage of the vessel on which they are travelling, 
such changes shall be noted on the manifest before the verifi- 
cation. 

The examination of immigrants at the port of embarkation, 
carried out on behalf of the transport companies, and with 
the consent of the authorities of the country where the 
port is situated, does not release the transport companies 
from responsibility as regards the transport of persons suf- 
fering from illness, and does not lessen the strictness of the 
examination on arrival. 



§ 2. Travelling and Transportation Conditions. 

A. Continental Immigrants. 

The various national laws do not appear to contain many 
provisions with respect to continental immigrants travelling 
by rail, whether directly or in transit. They are subject to the 
same conditions as ordinary travellers. The question of the 
transport of passengers, and especially of immigrants, by rail 
is at present under consideration by the Committee for Com- 
munications and Transit of the League of Nations, and it 
is dealt with in Part III of this work, relating to treaties 
(see Chap. 1, Section D). 

B. Transoceanic Immigrants. 

The provisions relating to the transport of immigrants by 
sea take one of two forms : 



250 



(1) General Saniiarij Conditiutis. 

These arc humanitarian in character, and relate to the 
verification by the country of immigration of the sanitary 
ccMiditions under which the immiorrant lias travelled. They are 
of special importance, because these countries are interested 
in receiving a healthy and vigorous population, which has not 
been weakened by a journey under unhealthy conditions, nor 
attacked by epidemics or weakening diseases. Moreover, there 
is no general reason why these regulations should not l)e added 
to those established by the countries of emigration, which, 
though for different reasons, also aim at insuring the welfare 
of their emigrants. 

The regulations in the following countries may be noted : 

Ah(;entina. 

The Act of 187C dea's in Articles 18 to 37 with the conditions 
of the sea voyage of immigrants. This law applies to sailing 
ships and steamers carrying more than 40 passengers in the 
second and third class, and which enjoy, on this account, a pre- 
ferential treatment from the point of view of paying dues. No 
ship of this kind may transport more than one passenger per re- 
gistered ton, and the space reserved for each immigrant either 
in steerage or in the cabins is carefully regulated. Detailed 
regulations have also been issued with regard to the hygienic 
and safety apparatus which must be carried on board. Ever\- 
immigrant ship must have on board a doctor and chemist and 
all the necessary medicines. The immigrants have the right 
to remain on board 48 hours after the arrival of the ship in the 
port of destination. Should the ship be voluntarily or com- 
pulsorily detained in an intermediate port the immigrants 
must receive board and lodging, either on board or on land, 
at the expense of the shipowner. Special measures are taken to 
deal with illness of an epidemic character and with quarantine. 

All ships carrying immigrants are visited on arrival by a 
committee consisting of the Immigration Inspector, the Medical 
Officer of Health and an official of the Maritime Prefecture. This 
committee examines the sanitary conditions on board ship, 
the accommodation provided for immigrants, the food pro- 
vided on the journey and the supply of drugs. It ascertains that 
a medical man and a dispensing chemist are on l)oard, 
whether the number of passengers is in correct relation to the 
tonnage of the vessel, whether the dimensions of the decks. 
steerage and berths are adequate, if there is a sunicient 
number of ventilators and pumps, of kitchen utensils, life 
saving apparatus and life boats, whether there are any persons 
on board suffering from contagious diseases, if any passengers 
have been embarked at ports where an epidemic exists, 
and, finally, whether inflammable or insanitary articles are 

— 251 — 



included in the cargo. The committee further receives any 
complaints made by the passengers either as to unsatisfactory 
treatment or for any other reason. 



Brazil. 

When the Government pays for the transport of immigrants, 
it reserves the right of complete control with respect to the 
steamship companies, and of imposing any conditions necessary 
for the health and accommodation of the passengers. 

Chapter IV of Decree No. 2400 of July 1913 issued by the 
Government of the State of Sao Paulo fixes the general condi- 
tions governing the transport of immigrants on behalf of the 
Government. These conditions relate to the normal average 
speed of the journey, to safety, the number of passengers, 
accommodation, the number of berths, hospitals, sanitary 
accommodation, laundry equipment, medical aid, provisions, 
drinking water, etc. But, according to Article 64, none of these 
regulations applies to ships coming from foreign ports where 
provisions are already laid down as to the transport of emigrants. 
In such cases the ships are required to observe the latter regu- 
lations, provided they are no less favourable to emigrants than 
those contained in the decree of the Government of Sao Paulo. 



Canada. 

The Immigration Act of 1919 provides that the Governor 
may, whenever he deems it necessary, prohibit : (a) the land- 
ing in Canada of any immigrant who has come otherwise 
than by continuous journey from the country of which he is a 
native or naturalised citizen, and upon a through ticket pur- 
chased in that country, or prepaid in Canada ; (h) the landing 
in Canada of passengers brought by any transportation com- 
pany which refuses or neglects to comply with the provision'- 
of the Act. 

In accordance with the Act of 1919, if, during the journey, 
the master or any member of the crew is guilty of violating 
the law in force in the country from which the ship has departed, 
regarding his duties towards the immigrants, or if the master 
commits any breach of the contract for the passage made with 
any immigrant, he is liable to a fine not exceeding 100 dollars, 
and not less than 25, independently of any remedy which such 
immigrants complaining may otherwise have. 

No person on board a vessel bringing immigrants to Canada 
shall entice or admit any female immigrant into his apartment 
or visit, except by the direction or permission of the master 
of the vessel, or frequent any part of the ship assigned to female 
passengers. 

— 252 — 



A written or printed notice to this effect in English, French. 
Swedish, Danish, German, Russian, and Yiddish, and any other 
language as ordered by the Deputy Minister, must be posted 
up in the forecastle and in the parts of the steerage assigned 
to steerage passengers. The immigration official at the port 
of arrival must ascertain if this provision has been didy observed 
on each ship transporting immigrants. 

The Minister may detail officials for duty on vessels trans- 
porting immigrants to Canada. These offfcials must keep to 
the part of the ship assigned to immigrants. They must observe 
the immigrants during the journey, and report to the officer 
in charge at the port of arrival any information which they may 
have acquired as to the desirability or undesirability of such 
immigrants. 

On all ships carrying adult ^ immigrants, provision must 
be made for each of them of an unencumbered area of 15 square 
feet on each deck assigned to their use. The area must not 
be occupied by goods or other articles, and may only be used 
for the personal luggage of the passengers. No ship may trans- 
port more than one person for every two registered tons, the 
captain, crew, and first class passengers included. The sale of 
intoxicating liquors to third class passengers and steerage 
passengers is prohibited. Such liquors may only be obtained 
by passengers of these classes on authorisation by the 
captain, the physician, or other qualified medical practitioner 
on board. 

Passengers and their luggage must be landed free of charge. 
If housing or means of transport are not immediately at 
the disposal of immigrants, the captain of the ship must keep 
them on board for 24 hours, or until the means of departure 
or housing have been found. 



Mexico. 

The owners of undertakings for the transport of immigrants 
to Mexico must fit their ships with the necessary equipment 
for disinfection, and must have a physician on board at all 
times. In the ports of destination where the Government has 
not provided sanitary stations they must establisli offices for 
the isolation and quarantine of immigrants, and for the care 
of the sick. They are further required to maintain the ininn- 
grants during quarantine, to repatriate persons not admitted 
mto the countrv, to appoint a representative in Mexico m 
order to enter into relations with the central authorities and 
to provide sufficient guarantee for the fulfilment of their obli- 
gations. 

1 By the term "adult" is meant any person of or above the aye of 
14 years. 

— 253 — 



Peru. 

According to the Decree of 16 August 1906, ships carrying 
immigrants to Peru are subject to inspection by the Consul 
of that country, accompanied by a physician in order to super- 
vise the sanitary conditions on board. The number of health 
certificates issued by the Consul may not exceed the number 
of immigrants which the ship is capable of. carrying, estimat- 
ing that the space allotted to each person should not be less 
than 2 square metres ^ by 1.80 metres. 

The ships must have a hospital on board, providing 3 
square metres per patient and capable of holding at least 
4 per cent, of the number of persons embarked. There must be a 
physician on board, and a supply of the necessary drugs as 
as well as accommodation for disinfecting contaminated articles 
in the case of infectious diseases. 

United States. 

The Secretary of Labour is authorised to enter into nego- 
tiations, through the Department of State, with countries 
vessels of which take immigrants to the United States, with 
a view to detailing inspectors and matrons of the United States 
Immigration Service for duty on vessels transporting immi- 
grants or emigrants. These officials must keep to the part of 
the ship where immigrants are carried. It is their duty to observe 
the passengers, and report to the immigration authorities in 
charge at the port of landing any information of value in 
determining the admissibility of such passengers that may 
have become known to them during the voyage. 

On arrival in the ports of the United States, ships are boarded 
by officials, who examine the passengers and the crew, and 
are required to note the sanitary conditions and the provision 
made for the welfare of the passengers and the crew. They must 
in every case present a report to the immigration officer. 

Uruguay. 

According to the Act of 1890 ships carrying emigrants 
for a port of the Republic are required to observe the same 
conditions on board as to sanitary accommodation and the 
maintenance and treatment of emigrants as those applying 
to emigrants going to other ports on the Plata River (Argentine). 

Venezuela. 

The conditions to be fulfilled by immigrant ships are mi- 
nutely regulated under the Act of 1918. They may not take 
more than two passengers per registered ton. The space pro- 



^ 1 square metre = approx. 1 7.0 sq. yds. 



254 



vided for each person must be 1.30 scjuare metres il" tlie height 
of the deck is 2.28 metres, or 1.33 square metres if the heif^ht 
is 1.83 metres, or 1.49 square metres if the height is I'^UG 
metres. A child is counted as half an adult person. The dis- 
tance between the decks must be at least 1.66 metres. The 
size of the berths must be at least 1.83 metres long by 50 cen- 
timetres wide. All ships must have a physician and a chemist 
on board, as well as lifeboats and necessary apparatus for 
sanitation, safety, and the convenience of the passencrors. 
The captain nuist have distributed and posted up the Ve- 
nezuelan immigration law. The executive authorities issue 
regulations as to the provisions for sanitation and safetv on 
board, and for securing good treatment and suitable feeding 
for the immigrants. 

The shipowners may obtain exemption from port, watering, 
lighthouse, and other dues, and may even obtain special grants 
from the Government if they can prove that their immigrant 
ships are in good condition as to navigability and hygiene, 
that the rates of transport are moderate, and lower than those 
charged in general, and if they undertake not to embark im- 
migrants who would be refused according to the provisions 
of Venezuelan law. 



(2) Conditions relating to the Equipment of the Ships. 

There is a series of provisions which are technical in character, 
and it would be difficult to enter here into a detailed examina- 
tion of them. These regulations relate to the conditions under 
which the ships must be constructed and equipped in order 
to constitute immigrant ships, in accordance with the require- 
ments of modern hygiene. A study of these questions would 
involve a special enquiry made by experts, such as was asked 
for by the International Emigration Commission. ^ 

It must suffice to reproduce a certain number of character- 
istic passages from official reports showing the regulations 
adopted in some of the principal countries of emigration and 

1 The International Emigration Commission passed the following 
resolution on this subject : 

"XXII. Hygiene of E.migraxts. The Governing Body of the 
International Labour Oinee is invited to appoint a committee of experts 
to assist the International Labour Office in the preparation and presentation 
of a report to the International Labour Conference of ISYl'l concerning the 
general rules which can be adopted by general agreement between the 
interested countries, laying down the minimum requirements which, sul)ject 
to the varying conditions of climate and the distance of the journey, nuist 
be fulfilled by emigrants' ships and railways in order to secure to ever\- 
emigrant during his journey full guarantees of good treatment in respect 
of hygiene, security, food, and comfort in accordance with the requirements 
of civilisation and human dignity." 

— 255 — 



immigration and comparing them with one another. The 
regulations are in any case very varied, according to the country 
and climate, and very often a ship is subject to quite different 
measures at its port of arrival and departure, or according to 
the seas navigated. 

The Bulletin of the Spanish Superior Emigration Council ^ 
has pubKshed the following table as to the provisions made 
on board for immigrants under the regulations of seven coun- 
tries. It relates to the size of berths, and the distance between 
decks and between the berths. 









Distance 


aetween th 


e berths. 






Minimum 

distance 

between 

decks. 


Size of berths. 

Outside 
measurements. 








Cubic 


Country. 


From 
ground to 
first berth 


From first 

to second 

berth. 


From 
second 
berth to 
ceiling. 


metres 

per 

emigrant. 




Metres * 


Metres 


Metres. 


Metres. 


Metres. 


Metres. 


Argentina . . . 


— 


1.83XO--'50 


— 


— 


— 


— 


Belgium .... 


1.83 


1.80X0.G1 


0.23 


0.80 


0.80 


2.85 


France .... 


1.55 


1.83X0.56 


0.15 


0.70 


0.70 


— 


Great Britain . . 


1.82 




0.304 


0-759 


0.759 


— 


Italv 


2.20 


1.80X0.56 


0.40 


0.70 


0.70 


— 


Spain 


2.00 


1.80X0.56 
1.33 


{ 0.40 


0.60 


0.60 


2.75 


Sweden .... 


1.83 


1.83X0.61 


0.24 


— 


— 


— 



* .\ metre = approximately .3.28 feet. 

The lower berth must be 15 centimetres above the ground 
in France, 23 centimetres in Belgium, 24 centimetres in Swe- 
den, 30 centimetres in Great Britain, and 40 centimetres in 
Italy and Spain. The distance between the first and second 
berths, and from the second to the ceiling varies from 60 to 
80 centimetres according to the country. The minimum 
distance between decks varies from 1.55 to 2.20 metres. 

The Immigration Commission of the United States em- 
phasised in its report on Steerage Legislation, issued in 1900 -, 
the importance of the minimum cubic space provided by 
the legislation of the United States, the United Kingdom, 
Germany, and Italy, for emigrants on the lowest deck and 
on the passenger decks respectively. 



1 Boletin del Consejo Superior de Emigracion, 1917; aiio IX, Madrid, p. 15. 

2 "Reports of the Immigration Commission, Abstracts," 1911, Vol. II,. 
p. 601. Washington. 



256 





Lowest passenger deck. 


Passenger decks. 


Height 

between 

decks. 


United 
States law 
of 1908. 


British 
law. 


German 
law. 


Italian 
law. 


United 

States law 

of 1908. 


British 
law. 


German 
law. 


Italian 
law. 


Feet. 


Cubic feet of air space per passenger. 


Cubic feet of air space per passenger. 


6 

6 1/2 
7 

71/2 
8 

8 1/2 
9 


180 
195 
147 
157.5 

168 

178.5 

189 


150 

162.5 

126 

135 

144 

153 

162 


100.6 
100.6 
100.6 
100.6 
100.6 
100.6 
100.6 


105.9 
105.9 
105.9 
105.9 
105.9 
105.9 
105.9 


126 

136.5 

126 

135 

144 

153 

162 


108 

117 

105 

112.5 

120 

127.5 

135 


100.6 
100.6 
100.6 
100.6 
100.6 
100.6 
100.6 


97.1 
97.1 
97.1 
97.1 
97.1 
97.1 
97.1 



These examples show what differences there are in the 
legislation of various countries as to the sanitary condit ons 
for immigrants on board ship. 



§ 3. Admission (Examination and Taxes). 

Argextixa. 

According to the Act of 1876 and the Regulation of 4 March 
1880, the examination of immigrants is carried out on board sail- 
ing ships and steamers by a Commission, consisting of an inspector 
appointed by the Immigration Commission, a doctor appointed 
by the Sanitary Commission, and a representative of the port 
authorities. This Commission goes on board before any commu- 
nication can be established between the ship and land, and while 
the examination is proceeding operations and work of all kinds 
and all movement of passengers or cargo must be suspended. 
Only the customs and other examinations are allowed to go 
on. 

The Captain has to hand over a manifest, containing the 
names of all persons on board, and also passports and all papers 
relating to the journey, together with the claims of passengers if 
there are any. The immigrants are then quest'.oned and classi- 
fied according to their special conditions in order to see whether 
they comply with the provisions of the law. The examination 
of the Commission is particularly directed, in accordance with 
the Decrees of 28 October 1913 and 26 April 1916, to the health 
of immigrants, in order to prove that they are not suffering 
from tuberculosis, leprosy, trachoma, or from any organic 
defect rendering them unable to work. The Commission has 
also to discover whether there are among the immigrants 
any who are insane or beggars. 



257 — 



All passengers, including those in the first class, have to 
undergo this examination. When it is concluded disembarkation 
takes place. Those who do not wish to bene fit by the advantages 
granted to immigrants by the law are allowed to disembark 
first. Passengers in the second and third classes who claim to 
be immigrants are taken with their luggage on board a special 
steamer to the immigrants' hostel. No individual is allowed to 
undertake the disembarkation of immigrants without authority 
from the Immigration Office. 

Each immigrant on disembarkation receives a free ticket 
entitling him to board and lodging at the hostel for 5 days. 
In case of serious illness which prevents the immigrant from 
travelling the validity of this ticket may be extended to a period 
not exceeding 22 days in all, at the expense of the Government. 
In every other case, immigrants who stay at the hostel more than 
5 days do so at their own expense and in accordance with a 
fixed tariff. Immigrants recruited by the Government for the 
settlements remain at the hostel without charge until they are 
sent to their destination. 

Immigrants' hostels are maintained by the Government at 
Buenos Aires, at Rosario, and in all other places where there is 
a need for them. These hostels are kept up by means of funds 
voted in accordance with the Budget Act and they are placed 
under the direct supervision of the Immigration Department 
and its auxiliary commissions. In places where there is no 
immigrants' hostel, immigrants are housed in public buildings 
or other suitable places. A hospital is attached to the hostels. 

While the immigrant is staying at the hostel the official 
employment office tries to find him suitable work. If the immi- 
grant decides to go to the interior of the country he is taken there 
at the expense of the State. 



Australia. 

By the Immigration Act 1901-1912, the master of a ship 
has to report on arrival at the first port of entry all cases in which 
a certificate has been issued by the ship's medical officer. The 
medical officer has to certify at the port of entry that immigrants 
have been examined on the voyage, and report all cases of 
intending immigrants who on the voyage have shown indica- 
tions of suffering from or being affected with any disease or 
disability. All certificates of health issued to intending immi- 
grants have to be attached to the passenger list and handed 
to an officer at the port of entry. 

An officer may detain an intending immigrant on his arrival 
for further examination by a medical referee as to his physical 
and mental fitness. 

The Minister for External Affairs may prevent an intending 
immigrant from entering the Commonwealth notwithstanding 

— 258 — 



that a certificate of health has been issued to the intending 
immigrant. 

If a certificate of exemption from the proliibited classes is 
granted, this is done for a specilied period only, and may at 
any time be cancelled by the Minister. 

Every oflficer may, without warrant, arrest any person 
reasonably supposed to be a prohibited immigrant, and no 
person may resist or prevent such arrest ; he may, at any reason- 
able hour, enter any building premises in which he has cause 
to believe any prohibited immigrant to be, and search tlie 
premises to ascertain whether any })rohibited inunigrant is 
therein. 

Any prohibited immigrant, if thought ht by an oflicer, may 
be allowed to enter the Commonwealth or to remain upon the 
following conditions : — 

(a) that, on entering the Commonwealth or on failing to 
pass the dictation test, he deposits with an oflieer the sum of 
one hundred pounds ; and 

(h) that, within thirty days after depositing such sum, he 
obtains from the ^Minister of External Affairs a certificate as 
prescribed in the Act, or departs from the Commonwealth. 

Exemption from the dictation test may be granted to sub- 
jects or citizens of a country with which an arrangement has 
been made and who have got a certificate of exemption from 
the dictation test. Any person who has resided in Australia 
for not less than five years and who is about to depart from the 
Commonwealth may apply to an officer for a certificate except- 
ing him from this test. 

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 Common- 
wealth, be required to pass the dictation test, and if he fails 
to do so is deemed to be a prohibited immigrant offending 
against this Act. 



Brazil. 

On the arrival of a ship at Rio, the interpreters attached 
to the immigration service are charged with the examination 
of passports, and the verification of the identity and rights of 
immigrants who wish to benefit by ofiicial protection. They 
board the ship immediately after it has been visited by the 
Customs, Health, and Maritime Police Services. They are 
given a list of second and third class passengers, to whom they 
offer the privileges provided by law. They give the immigraiits 
all the necessary information as to the measures taken for 
protecting their interests, and do not allow hotel agents and 

— 259 — 



money changers to board the ship. They give information 
as to*^the means of changing money without risk and without 
payment of commission. 

The names of immigrants whose passage is paid by the 
Government must be placed on a hst, containing the following 
information : name, age, condition, nationality, occupation, 
degree of relationship with the head of the family,, number of 
articles of luggage of each person, together with a declaration 
signed by the immigrants that they have not incurred any 
expenditure in connection with their sea voyage or their luggage. 
The documents must be countersigned by the official Govern- 
ment agent at the port of embarkation, or, in his absence, by 
the Brazilian Consul or consular agent. These hsts are handed 
to the interpreters, who call the roll of the immigrants, checking 
the identity and condition of each one of them. They see that 
the luggage is complete and in order, and supervise its landing. 
The interpreters are also required to take note of any grievances 
of the passengers as to their treatment on board or the sanitary 
conditions of the ship. 

Medical examination of the immigrants is made at the 
hostelry on the llha das Flares. 

A qualified surgeon, a specialist in eye diseases, and a chem- 
ist, are attached to this establishment. Sick immigrants are 
treated in the infirmary, and, if need be, transferred to a hos- 
pital in the town. 

When disembarkation takes place at Santos, immigrants 
are examined by the immigration inspection service at this 
port, and are taken after disembarkation by railway to the 
immigrants' hostel established at Sao Paulo by the Labour 
Department ^. 



Canada. 

Upon arrival in Canada, immigrants are subject to a civil 
and medical inspection, the former for the purpose of ascertain- 
ing that they have a home and employment to go to, for the 
express purpose of being satisfied that the person seeking admis- 
sion is not likely to become a public charge, and the medical 
examination is for the purpose of safeguarding the public health 
of Canada and ascertaining that the person desiring to be ad- 
mitted is capable of earning his or her own living and is not 
afflicted with any infectious or contagious disease or suffering 
from physical or mental infirmity which might tend to their 
becoming a charge upon the public later on. 

1 Information taken from the reply of the Brazihan Government to 
the Questionnaire sent out prior to the meeting of the International Emi- 
gration Commission. 

— 260 — 



It is the duty ot transportation companies to provide, 
eqviip, and maintain suitable buildings for the examination 
and detention of passengers for any purpose under tlic Inmii- 
gration Act at every port of entry and border station designated 
by the Minister of Immigration and Colonisation of Canada 
at which they carry on any business. 

By the Act of 191'.\ passengers must be landed at the time 
or place designated by the immigration officer in charge. The 
master of the ship must furnish to the officer a bill of health 
in a form prescribed by the Act ; the bill of health must be 
certified by the medical officer of the vessel. 

When a ship arrives, the immigration officer may go on 
board and inspect the vessel ; he may examine and take extracts 
from the manifest of passengers and from the bill of health. 

Every immigrant, passenger, or other person, seeking to 
enter Canada must be examined by medical and examining 
officers ; Canadian citizens and persons who have a Canadian 
domicile are excepted. 

The master of every vessel arriving at a Canadian port 
must immediately deliver to the immigration officer a type- 
written or printed list or manifest in the prescribed form. This 
manifest must contain the names of all passengers and stowa- 
ways ; must show whether any of the persons are suffering 
from any disease or physical defect w^hich may be a cause for 
rejection, and if so must state whether they are accompanied 
by relatives able to support them ; it must also state whether 
there has been any change in the condition of a passenger or 
stowaway. The surgeon of the vessel must also sign the manifest, 
and state that he has made a personal examination of each 
passenger. If there is no surgeon on the ship, a certificate must 
be signed by a competent surgeon at the port of embarkation 
to tlie effect that he has made the examination and that the 
manifest is correct. 

In addition, the ship's surgeon, if there is one, or otherwise 
the master, must furnish the officer at the port of arrival with 
a full report concerning diseases, injuries, births and deaths 
developing or occurring on the voyage. 

According to Rule 3, officers should exercise great care when 
adducing testimony in the case of a person who claims to be 
a Canadian citizen "or to have Canadian domicile. 

When applving the reading test officers must use the printed 
and numbered'slips supplied by the Department of Immigration 
and Colonisation. If the examining inspector cannot speak 
or understand the language of a particular immigrant, and no 
qualified interpreter is available, special slips are used ; the 
sentences on these special slips are instructions to the j)erson 
concerned to do several simple acts. 

Arriving and departing seamen nuist be manifested on 
blank forms, and if thev are stowaways or workaways, a note 
must be made to that 'effect. All seamen and other ])ersons 

— 261 — 



employed on a vessel must be examined by the officer in charge. 
A seamen may obtain an identification or register card from 
the master of the vessel or the immigration officer ; the latter 
must make a note on the card with respect to his intention 
to re-ship. 

If it is ascertained that a seamen does not intend to re-ship 
to a port outside of Canada, he must be examined as to his 
right to land, in accordance with the provisions of the Act. 

Every immigrant on arriving at a port of entry is entitled 
to remain and keep his luggage on board the vessel for 24 hours, 
unless facilities for housing on land or for inland carriage are 
available earlier, and the master of the vessel is not allowed 
to remove any berths or accommodation used by an immigrant 
in those circumstances. 

A passenger or other person who has been rejected or is 
detained for any purpose under the Act, and who is suffering 
from sickness or mental or physical disability, may be afforded 
medical treatment on board ship or in an immigrant station, 
or may be removed to a suitable hospital for treatment, accord- 
ing to the decision of the officer in charge. If the transportation 
company fails, in the opinion of the Deputy Minister or the 
officer in charge, to exercise proper vigilance or care on the 
journey, the company must pay the cost of medical treatment. 
Persons permitted to enter Canada for medical treatment are 
not regarded as " landed " within the meaning of the Act. 

From the point of view of the obligations arising out of 
immigration law, transport companies bringing immigrants to 
Canada by land are in the same position as the masters or 
owners of ships. They are similarly rccpiired to report the names 
and description of immigrants and travellers carried by them. 
Immigration officers may be authorised to stop and visit trains 
and other vehicles on entering Canada, in order to examine 
immigrants and travellers in accordance with the terms of the 
law. They may also impose fines on the companies and their 
employees, should the provisions of the law not be observed. 
The companies may also be required by regulations to establish 
hostels for the detention and examination of travellers at 
frontier stations designated by the Minister. 

The companies may not, however, be regarded as respon- 
sible for the detention of a person who has broken the law, 
unless such person is found in a train or other vehicle belonging 
to the compan}^ 

The provisions relating to the entry, inspection, and exami- 
nation of immigrants at the frontier must be carried out in 
such a way that these operations do not uselessly retard and 
annoy the ordinary traveller. 

The transport companies also assume responsibility as 
regards the action of other transport companies with whom 
they co-operate. 

-^ 262 — 



Costa Rica. 



The competent authorities at the ports, and on the I'ronticr, 
take steps to assure thcmseh'es that immigrants eomply with 
tlie legal provisions respecting immigration. Xo foreigners 
are permitted to land until the competent authorities are 
certain that they do not come within one of the classes excluded 
by law. 



Cuba. 

Immigrants are examined on special premises from which 
the general public is excluded ; but immigrants whose admission 
has been refused, or who are awaiting the result of a decision 
with respect to their case, are authorised to receive visits from 
their friends or their law^yers, and to consult with them under 
conditions laid down by the customs authorities. 



France. 

In virtue of the Decree of 18 November 1920 foreign workers 
entering France must register at one of the Immigration Offices 
or, if no such office exists at the place by which they enter the 
country, at one of the frontier posts which are established by 
inter-ministerial decrees. They must show a passport which is in 
order, and an engagement permit issued by the Foreign Labour 
Department or by a departmental employment office. If these 
papers are found to be in order the immigrant w^orkers receive a 
document permitting them to go to their destination in the 
interior of the country. This document must be shown by the 
immigrant to the authorities of the commune w^here he is going 
to work, in virtue of his contract, and in exchange he receives an 
identification card which is issued under the terms of the Decree 
of 2 April 1917. This card must have attached to it a photograph 
of the person to whom it belongs, and must state w^hether the 
latter is an industrial or agricultural worker and that he has 
been vaccinated. If foreign workers arrive at a frontier post 
without an engagement permit, they are, unless contrary 
instructions are issued, sent to the nearest immigration office, 
where they are vaccinated and where steps are taken to secure 
employment for them. 

Mexico. 

Foreigners are only allowed to enter Mexico at those ports 
open to general trade, or at the frontier stations where inter- 
national commerce is allowed, or at stations specially des- 
ignated by the executive authorities. Immigrant workmen 

— 263 — 



are only allowed, according to the provisions of the Decree 
of 25 February 1909, to enter Mexico (if they arrive by a ship 
carrying fewer than 10 at a time) by the ports of Tampico and 
Vera Cruz in the Gulf of Mexico, Guaymas, in the Gulf of 
California, or Mazatlan, Manzanillo or Salina-Cruz on the 
Pacific Coast. 

In accordance with the Act of 1908, the masters of vessels 
are obliged to show the immigration inspectors on their arrival 
at a Mexican port two copies of their passenger list. 

A special declaration for passengers suffering from illness 
may be made, stating the nature of the illness. 

All passengers must submit to a medical examination, and 
those who are not passed must be re-embarked. If the quarantine 
station is not adequate to receive all such passengers, examina- 
tion takes place on board. Passengers suffering from chronic 
infectious diseases are not allowed to land in any circumstances. 
Those suffering from severe contagious illnesses are allowed to 
land, but are then isolated in a lazaret until the termination 
of their illness. 

Immigrant workmen brought on a single ship may be obliged 
to remain under observation for ten days, when one of them 
shows symptoms of any infectious disease, or if any case of 
infectious diseases has occurred during the voyage. 

Panama. 

According to the Act of 1914, the port health authorities 
are entrusted with the duty of examining foreigners whose 
intention it is to settle in the country. Those suffering from any 
illness which would entail their exclusion from Panama must be 
reported to the chief of the police. 

By a Decree of 1 March 1916, there is no appeal against 
decisions taken by the medical officers of the public health 
authorities. 

South Afkica. 

It is the duty of the master of a ship to furnish certain lists 
and returns to immigration officers on demand : — 

(a) List of all passengers ; 
(h) List of the crew ; 

(c) List of stowaways ; 

(d) A certificate under the hand of the medical officer of 
the ship stating any known cases of disease which have 
occurred upon the voyage or any known cases of physical 
or mental infirmity or affliction. 

Every person arriving at any port may have to appear 
before an immigration officer and prove that he is not a prohibi- 
ted immigrant. The immigration officer may require every such 
person : 

— 264 — 



(a) to make and sign a declaration ; 

(h) to produce documentary or other evidence relative 
to his claim ; 

(c) to submit to any examination or test to which he mav 
be lawfully subjected. 

Any immigration officer may prohibit or regulate anv 
communication with a ship on which the immigration officer 
is proceeding with the examination of persons or which is sus- 
pected of having on board any prohibited immigrant, and the 
immigration officer may take steps to carry out any such pro- 
hibition or regulation. 



United States. 

Manijests. 

It is the duty of the master or commanding officer of the 
steamer to deliver to the immigration officers at the port of 
arrival typewritten or printed lists or manifests made at the 
time and place of embarkation of each alien on board. ^ 

1 These lists must contain the following information : — 
Full name, age, and sex ; whether married or single ; calling or occupa- 
tion ; personal description (including height, complexion, colour of hair 
and eyes, and marks of identification) ; whether able to read or write ; 
nationality ; country of birth ; race ; country of last permanent residence ; 
name and address of the nearest relative in the country from which the alien 
came ; seaport for landing in the United States ; final destination, if any, 
beyond the port of landing ; whether having a ticket through to such final 
destination ; by whom passage was paid ; whether in possession of ^50, 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 ; whether ever supported by charity ; whether 
a polygamist ; whether an anarchist ; whether a person who believes 
in or advocates the overthrow by force or violence of the Government 
of the United States or of all forms of law, or who disbelieves in or is opposed 
to organised government, or who advocates the assassination of public 
officials, or who advocates or teaches the unlawful destruction of property, 
or is a member of or affiliated with any organization entertaining and teach- 
ing disbelief in or opposition to organised government, or Avhich teaches the 
unlawful destruction of property, or Avho advocates or teaches the duty, 
necessity or propriety of the unlawful assaulting or killing of any officer 
or officers, whether coming by reason of any offer, solicitation, promise or 
agreement, express or implied, to perform labour in the United States ; 
the alien's condition of health, mental and physical ;- whether deformed 
or crippled, and if so, for how long and from what cause ; whether coming 
with the intent to return to the country whence such alien comes after 
temporarily engaging in labouring pursuits in the United States ; and such 
other items of information as will aid in determining whether any such alien 
belongs to any of the excluded classes ; and the master or commanding 
officer, o^vne^s, or consignees must also furnish information in relation 
to the sex, age, class of travel, and the foreign port of embarkation of arriving 
passengers who are United States citizens. 

— 265 — 



For purposes of manifesting, alien passengers are regarded 
as falling into one or another of the following three classes : 
first cabin, second cabin, steerage. 

Alien stowaways must be manifested and produced for in- 
spection in the same manner as are other aliens, and the fact 
that they were stowaways must be indicated in the manifest. 



Procedure at Port of Disembarkation. 

It is the duty of every person bringing an alien to any 
seaport or land border port of 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. 
For the purpose of determining whether aliens arriving at ports 
of the United States belong to any of the excluded classes, 
the Commissioner-General of Immigration may direct that such 
aliens shall be detained on board the vessel bringing them, or in 
a United States immigration station, a sufficient time to enable 
the immigration officers and medical officers to subject aliens 
to observation and examination. 

Upon arrival it is the duty of the immigration officials to 
inspect all aliens ; or they may order their temporary removal 
for examination at a designated time and place. 



Medical Examination. 

The physical and mental examination of all arriving aliens 
is made by medical officers of the United States Public Health 
Service, or, if no such officers are available, by civil surgeons 
of not less than four years' professional experience. 

Medical officers detailed for any duty under the immigra- 
tion law are, in matters of administration, under the direction 
of the immigration officer in charge at the port to which they 
arc detailed. In considering and determining medical cpiestions 
such officers are to be guided by the instructions issued by the 
Surgeon-General of the Public Health Service. 

Aliens may be detained in hospital, and inspection as to their 
admissibility be postponed ; similar postponements can take 
place for members of a family interdependent with a member 
detained in hospital. 

The examination is made by not fewer than two medical 
officers. Any alien certified for insanity or mental defect may 
appeal to the Board of Medical Officers of the United States 
Public Health Service and Marine Hospital Service, and may 
introduce before such board one expert medical witness at 
his own cost and expense. 

Whenever an alien who has been naturalised or has taken up 
his permanent residence in the United States sends for his 

— 266 — 



wife or minor children to join him, and the wife or any of the 
children are found to be affected with any contagious disorder, 
it has to be determined whether the disorder is easily curable 
and the husband or father or other responsible person is willing 
to bear the expense of the treatment. They may l)e accorded 
treatment in hospital until cured and then be admitted, or if 
it is determined that they can be permitted to land without 
danger to other persons, they may be admitted outright. 

Examination by Immigration Inspectors. 

Aliens arriving at ports of the United States are exannned 
by at least two immigration inspectors who are authorised 
and empowered to board and search any vessels, railway car, 
or other conveyance in which they believe aliens arc brought 
into the United States. The inspectors have power to administer 
oaths and to take and consider evidence touching the right of 
any alien to enter, re-enter, pass through, or reside in the United 
States. Admissibility is to be determined by the appropriate 
immigration officers as promptly as the circumstances permit. 

At seaports other than those enumerated in the Act ^ and 
at the land border ports double inspection is to be maintained 
wherever feasible. 

All aliens are required to state upon oath the purposes for 
which they come, the length of time they intend to remain 
in the United States, whether or not they intend to abide in 
the United States permanently and become citizens thereof, 
and such other items of information regarding themselves as 
will aid the immigration officials in determining whether they 
belong to any of the excluded classes. 

Any commissioner of immigration has power to requn-e 
by subpoena the attendance and testimony of witnesses and to 
that end may invoke the aid of any court of the United States. 

Any alien liable to be excluded because likely to become a 
public' charge or because of physical disability other than 
tuberculosis in any form or a loathsome or dangerous contagious 
disease may, if otherwise admissible, nevertheless be admitted 
upon the giving of a suitable and proper bond or undertaking, 
or may deposit in cash such amount as the Secretary of Labour 
mav require. In the event of permanent departure this sum is 
returned to the person by whom furnished or to his legal repre- 
sentatives. , . 

When applying the reading test, immigration olhccrs use 
printed and numbered slips. No two aliens listed upon the same 

1 These ports are :— New York, Boston, Providence, Philadelphia, 
Baltimore, Key West, New Orleans, Galveston, San Juan San Francisco, 
Seattle, Honolulu, and the Canadian ports of Vancouver, Quebec, Halifax, 
and St. John. 

— 267 — 



manifest sheet are examined by the use of the same slip. If the 
examining inspector is unable to speak and understand the 
language or dialect in which the alien is examined, the services 
of an interpreter are used for interpreting into spoken English 
the printed matter read by the alien, so that the examining 
inspector may compare such interpretation with the slip of 
corresponding serial number containing the English translation 
of the reading matter. 

If for any reason it is impracticable to adopt this general 
method, immigration ofhcers may use special printed and num- 
bered slips, the sentences appearing upon which are instructions 
to the alien to do several simple acts. If the applicant is luiable 
to satisfy the examining inspectors, he is detained and examined 
by a board of special enquiry. 

Every alien seeking a landing for the purpose of proceeding 
directly through the United States to a foreign country is exam- 
ined, and if found to be a member of any one of the excluded 
classes is refused permission to land. 

Groups of transit aliens must be under sufficient supervision 
the whole time they are within the limits of the United States, 
such supervision to include the conveying of one immigration 
official for each group of 60 or less aliens. 



Head Tax. 

Upon the arrival of aliens at a seaport of the United 
States, or at any designated port of entry on the Mexican border, 
the immigration officer there in charge sliall certify to the 
collector of customs tlie number of such aliens, together with 
the name of the transportation agent or other person respon- 
sible for the payment of head tax due in respect of them, 
and shall specify (a) how many of said aliens have been held 
for special enquiry ; (b) how many claim to enter for the 
purpose of passing in transit through the United States ; 
(c) how many make unsupported claims to American citizen- 
ship ; (d) how many make unsupported claims to being 
accompanied by children under 16 years of age ; (e) how 
many claim to be entering for temporary stay after an un- 
interrupted residence of at least one year in Canada, New- 
foundland, Mexico, or Cuba ; this exemption shall not be 
lost merely because, instead of entering the United States 
from one of the countries named, the aliens come by way 
of some other foreign country in which they have sojourned 
temporarily. 

Thereupon the Inspector of Customs shall forthwith collect 
a tax of 8 dollars for each alien so certified. 

The head tax is not levied in respect of the following classses 
of aliens : — 

— 268 — 



(a) Diplomatic and consular officers and other accred- 
ited officials of foreign governments; their suites, families, 
and guests ; 

(h) Children under 16 years of age who accompany their 
father or mother and whose relationship and age are established; 

(c) Aliens whose legal domicile or bona fide residence 
was in Canada, Newfoundland, Cuba or Mexico for at least 
one year immediately preceding entry and who enter the 
United States from one of those countries for a temporary 
period in no instance exceeding six months ; 

fdj Aliens who have been lawfully admitted to the United 
States and who later go in transit from one part of the Uni- 
ted States to another through foreign contiguous territory; 

(e) Aliens who habitually cross and re-cross the land boun- 
daries, and who hold an identification card^; 

(fj Aliens in transit through the United States, tra- 
velling in groups ; 

(g) Aliens having a bo7ia fide residence in the United 
States who visit Canada, Newfoundland, Cuba or Mexico for 
a temporary period in no instance exceeding six months; 

(hj Citizens and alien residents of the Philippine Islands 
or of the Virgin Islands of the United States. 

Transportation companies may secure refund of head 
tax deposited on account of aliens in transit upon proving 
departure, by furnishing to the immigration official in charge 
at the port of entry a coupon containing a " transit manifest " 
detached in regular course from the alien's railroad ticket and 
showing that the alien passed through and out of the United 
States as required. Tourists are included in this class. An 
alien may enter and leave the United States by the same port 
and still be a " transit " passenger. 

Seamen. 

No alien excluded from admission and employed on board 
ship is permitted to land in the United States, except tempor- 
arily for medical treatment. 

It is unlawful to pay off or discharge any alien on board 
any vessel unless he is duly admitted in accordance with the 
laws and treaties of the United States, 

All alien seamen must be medically examined each time 
they arrive in the United States. 

1 With a \aew to identifying aliens who habitually cross the frontier, 
an identification card is given to such persons. This card constitutes a pass 
which must be promptly honoured by immigration odicials, upon satisfying 
themselves that the person presenting it is the person represented by the 
photograph attached. 

— 269 — 



Seamen who land without intention to re-ship must be 
examined and pay tax ; Hsts of all arriving seamen must be 
given to the immigration officials and each seaman landing 
must have a card of identification and be registered. 

Any alien seaman Avho lands in contravention of the pro- 
visions^ of the Act is taken into custody and brought before 
a board of special inquiry for examination as to his qualifi- 
cations for admission to the United States and if not admited 
he is deported. 

Before the departure of any vessel it is the duty of the master 
to deliver to the immigration officer a list containing the 
names of all alien employees who were not employed thereon 
at the time of the arrival, but who will leave port thereon 
at the time of her departure, and also the names of those who 
have deserted or landed. 



Land Frontier Examination. 

No alien applying for admission from foreign contiguous 
territory is permitted to enter the United States unless he can 
prove that he was brought to such territory by a transportation 
company which had submitted to and comjilicd with all the 
requirements of the Act, or has resided in such territory more 
than two years prior to the date of his application for 
admission to the United States. 

Vessels bringing to Canadian ports aliens bound for the 
United States must furnish complete manifests to the United 
States immigration officials in charge at such ports. 

All necessary facilities are afforded to the. immigration 
officials of the United States stationed at Canadian ports 
to enable them to make the inspection required by law. Such 
aliens as, in the opinion of the examining inspector, are not 
entitled to admission are taken before a board of special 
inquiry. The decision of such a board is final unless reversed 
upon appeal. Any alien found admissible is furnished with 
a certificate of identity. Any alien not provided with the cer- 
tificate prescribed who applies for admission at a point on the 
Canadian border where no board of special inquiry is located 
must be returned by the transportation company concerned 
to the nearest point where a board of special inquiry is located 
for examination. Any alien not provided with the certificate 
who applies for admission within one year after arriving at 
a Canadian seaport shall be returned by the responsible trans- 
portation company to the seaport of arrival for examination, 
manifesting, and assessment of head tax. 

Any alien subject to the head tax seeking to enter the 
United States from Canada or Newfoundland is denied exa- 
mination until he presents to the examining officers a certifi- 
cate from a duly appointed agent of the transportation com- 

— 270 — 



pany over whose line the ahen may be travelHiig or intending 
to travel, guaranteeing- that responsibility for the payment 
of head tax on account of such alien will be assumed by the 
said transportation company. 

An alien from Canada must furnish to immigration offi- 
cers a guarantee of payment of head tax. Upon proof that 
such aliens have passed through the United States in transit 
refund of head tax will be made to the transportation line 
responsible for its payment. 

Head tax must be paid by the alien himself to the appro- 
priate collector of customs in all cases in which it is imprac- 
ticable to proceed otherwise. 

The steamship lines must return at their own expense, 
from seaports of Canada or the United States as they may 
elect, to the transoceanic country of embarkation, all aliens 
who belong to a class excluded by the Immigration Act. 

Within the deportation period prescribed in the Immigra- 
tion Act, the steamship lines which are parties to the Canadian 
agreement ^ must return any one of the classes subject to 
exclusion or deportation whenever deportation of such an 
alien is ordered by the Secretary of Labour. 

Aliens applying for admission at the Mexican frontier 
stations of entry are subject to examination in the same manner 
and to the same extent as though arriving at seaports; if they 
cross the border by bridge or railway, the company concerned 
is responsible for the head tax. 



Uruguay. 

According to Article 30 of the Act of 12 June 1890, the 
master of a vessel carrying immigrants must fly a special flag 
on arrival ; immigrants are then examined by a special official 
called a disembarkation inspector. 

According to the Decree of 18 February 1915, this inspector 
is accompanied by a medical officer of the maritime sanitary 
authorities when he makes his visit. If an immigrant who 
has been allowed to land conditionally is found to be suffering 
from any form of illness or disease which would entail his ex- 
clusion, he must be returned to the port of embarkation by 
the first vessel starting from that port by the company which 
was responsible for bringing him. 

The disembarkation inspector receives a complete list of 
passengers, examines all suspected cases individually, and 
prohibits their landing if he thinks it necessary ; a fine of 

1 An agreement between the various steamship and railroad companies 
in Canada and the United States Commissioner-General of Immigration 
with reference to the inspection, etc., of aliens entering the United States 
from or through Canada. Cf. Rules of 1 May 1917, made under the Immi- 
gration Laws, p. 55. 

— 271 — 



100 gold pesos may be imposed upon the steamship company 
in such cases, or they may be obhged to return the immi- 
grant to the port of embarkation. 

In cases where the immigrant has been forbidden to land 
because he was suffering from a prohibited disease, the fine 
is only imposed if the examining doctor declares that the fact 
that the patient was suffering from such an illness could 
have been ascertained at the time of embarkation. 

The master must allow the immigration inspectors to make 
a complete examination of the vessel. 



Venezuela. 

The Act of 1918 provides that, on arrival, every ship trans- 
porting immigrants shall be visited by the Medical Officer of 
Health, and an agent of the Immigration Committee, in order 
to ascertain the sanitary state of the ship, and to note that 
the legal provisions are being observed. 



§ 4. Procedure in the event of Disputes, Rejection, 
Repatriation, and Deportation. 

Argentina. 

The Commission which makes the examination on board immi- 
grant ships has to determine whether the immigrants comply with 
the prescribed conditions of admission. The immigrants have to 
show to this Commission a certificate from the police authorities 
of their country of origin which is visaed gratuitously by the 
Argentine Consuls, proving that they have not, during the last 
ten years, been proceeded against for any crime against social 
order or any grave crime, that they are not mentally 
deficient and that they are not beggars. All those who 
fail to pass their examination are kept on board ship. 
They are forbidden to disembark and they are taken back 
to the place from which they came at the expense of the ship- 
ping company, which has in such a case to pay the fines laid down 
by the law. Before the departure of the ship, immigration 
inspectors have to satisfy themselves that these immigrants 
are really on board. If the sanitary conditions of the ship are 
good the immigrants who are admitted to the country are taken 
on a special steamer reserved for their use to the immigrants' 
hostel, where they may stay a certain time free of charge. 
They are also allowed, if they like, to remain 48 hours on board 
the ship. Passengers who are suffering from any illness are 
taken to a place notified by the Council of Hygiene under the 
care of officials of the Public Health Service. 

— 272 — 



Persons on whom fines ha\ c been imposed \>\ the supervising 
authorities for contravention of the provisions 'of the Immiora- 
tion Act may appeal to the :\Iinister of the Interior. In such a 
case, they must first of all deposit the amount of the line. 
The decision of the Minister is fmal. 



AUSTKALIA. 

Rejection. 

The owners, agents, etc., of a vessel which brings a prohibited 
immigrant to the Commonwealth, or a person who becomes a 
prohibited immigrant, must, on being required by any collector 
of customs to do so, provide a passage for the "prohibited im- 
migrant to the place whence he came, and they are also liable 
to pay to the Commonwealth a fair sum to recoup the State 
for the cost of keeping and maintaining the immigrant while 
awaiting his deportation from Australia. 



Deportation. 

Where the Minister is satisfied that, within three years 
after the arrival in Australia of a person who was not bom in 
Australia, that person — 

(a) has been convicted in Australia of a criminal offence 
punishable by imprisonment for one year or longer ; 

(b) is living on the prostitution of others ; 

(c) has become an inmate of an insane asylum or public 
charitable institution; or 

(d) is a person who advocates the overthrow by force or 
violence of the established government of the Commonwealth 
or any other civihsed country, or of all forms of law, who advo- 
cates the abolition of organised government, who advocates 
the assassination of public officials or the unlawful destruction 
of property, or Avho is a member of any organisation which 
teaches any of the doctrines and practices specified in this 
paragraph, he may summon the person to appear before a 
Board to show cause why he should not be deported from the 
Commonwealth. 

Any immigrant who evades an officer or who enters the 
Commonwealth at any place where no officer is stationed or 
who obtains entrance or re-entrance into the Connnonwealth 
by means of any certificate, credentials, or identification card 
which was not issued to him, or is forged or has been obtained 
by false representation, may, if at any time thereafter he is 

— 273 — 



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. 

Brazil. 

Repatriation. 

The Brazilian Government grants repatriation, at their 
own request, to immigrants who have spent less than two years 
in the country- and who are situated in the following circum- 
stances (this applies to immigrants who have come out on their 
own initiative or with the aid of a government grant ) : — 

(a) wives and orphans who are unable to earn their own 
living, and are without any relatives who can provide for their 
maintenance ; 

(b) those persons who have become unable to earn their 
living, either as the result of an incurable disease, or of an 
accident occurring in the course of their employment, and who 
are not maintained by any members of their family ; 

(c) wives and children under twelve years of age belonging 
to the above-mentioned cases, if the latter are really unable 
to provide for their family ; 

(d) children under 12 years of age belonging to immigrants 
who are situated under the conditions mentioned above. 

Persons who are repatriated are granted relief varying 
from 50 to 200 milreis, according to the number of the family 
and the length of the voyage. 

The Government of Sao Paulo repatriates immigrants free 
of charge under the same conditions as those laid down by the 
Federal Government ; but this measure only applies to immi- 
grants who are working as agricultural labourers on estates, 
or as farmers working on government-granted land in farm 
colonies. 

The financial relief granted varies between 100 and 200 
milreis, according to the number of the family. 

Should it happen, however, that prohibited immigrants 
have obtained a passage and that the infringement of the 
regulations is noted on disembarkation, the steamship companies 
are obliged to repatriate such cases. 

Deportation. 

Any immigrant may be deported from Brazilian territory 
within five years of his arrival if it can be proved that he has been 
living on prostitution, that he has undergone certain sentences, 
that his conduct gives reason for the belief that he is a danger 

— 274 — 



to national safety, that he uses Aiolent nietliods in suppcot 
of his reHoious bchefs or political opinions, that he has hecn 
expelled from another country, or that the police of another 
country consider him to be danii'erous. No deportation may 
take place after a period of fn e years. 

A deported alien may appeal within a period of 10 days to 
the Court which has ordered deportation. Within this period 
the authorities may detain the deported person in special 
premises. 



Canada, 

Doubtful Admissibility. 

If, at the examination at the port of disembarkation, there 
is any doubt as to admissibility, the immigrants concerned 
are detained for further examination by the officer or by a 
Board of Inquiry ; they are then either immediately landed, 
or rejected and kept in custody pending deportation. 

Pending the final disposition of the case of any person 
detained or taken into custody, he may be released under a 
bond, with security approved by the officer in charge, or he 
may be released on making a deposit ; in either case he must 
appear when called upon before an officer or a Board of In- 
quiry for examination regarding the cause for which he was 
taken into custody. 

Appeals. 

An appeal may be made against the decision of an officer 
or a Board, unless the latter is based on the certificate of a 
medical officer. It must be filed immediately after rejection. 
A deposit must be made by every person making an appeal 
unless, having come from the United States, he returns forth- 
with to that country to await the decision. If the appeal is 
allowed, this deposit is returned to the appellant ; if it is dis- 
allowed, the balance, after deduction of regular detention charges 
for board, is returned. 

Expenses of Rejected Immigrants. 

Every immigrant, passenger, stowaway, 'or other person, 
who is rejected by an officer or a Board of Inquiry, nuist, if 
practicable, be sent back to the place from which 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 after rejection, and the cost of his return, 
must be paid by the transportation company. 

— 275 — 



Any transportation company which refuses or fails to do 
this issuable to a fine of not more than five hundred dollars, 
and not less than fifty dollars for each offence. 



Deportation. 

If any person, other than a Canadian citizen or a person 
having Canadian domicile, is found who is connected with 
a house of prostitution or is practising prostitution or receiv- 
ing any benefit from prostitution, who is employed in con- 
nection with a music or dance hall or other resort frequented 
by prostitutes, who attempts to import any person for an 
immoral purpose, who has been convicted of a criminal of- 
fence in Canada or admits the commission of a crime in- 
volving moral turpitude, who has become a professsional 
beggar or a public charge or practises polygamy, who was 
become an inmate of a penitentiary, gaol, reformatory, prison, 
asylum or hospital for the insane or the mentally deficient, 
or an inmate of a public charitable institution, or who enters 
or remains in Canada contrary to any of the provisions of 
the Act of 1919, it is the duty of any officer or the official of 
any municipality to send a written complaint to the Minister 
of Immigration'and Colonisation, giving full particulars. 

Every person who seeks to overthrow by violence the 
Government of the United Kingdom or of any dominion or 
colony, who advocates the assassination of an official of any 
Government, who defends the unlawful destruction of pro- 
perty or attempts to create riot or disorder in Canada, who 
is suspected of belonging to a secret society which extorts 
money from a resident of Canada, by force or by threat of 
bodily harm, or by blackmail, or who is a member of an or- 
ganisation teaching opposition to organised government, 
is considered as belonging to the prohibited or undesirable 
classes and as liable to deportation. Written complaint must 
be sent to the Minister in such case. It is sufficient to prove 
that the person concerned came within the categories mentioned 
at any time after 4 May 1910. 

On receiving such a complaint, the Minister may order 
the person to be taken into custody and detained for examina- 
tion, and an investigation of the alleged facts to be made 
by a Board of Enquiry or an examining officer. The Board 
follows the same procedure as in the case of an examination 
at the port of disembarkation. 

If the Board of Enquiry is satisfied that the person 
concerned belongs to any of the classes referred to above, 
he is deported forthwith. He has a right of appeal to the 
Minister. 

— 276 — 



The cost of transporting deported persons falls on the trans- 
port company unless deportation takes place after five years or 
for reasons arising alter admission. 

Any person rejected or deported only by reason ol" ina- 
bility to comply with the money qualification may be subse- 
quently permitted to enter Canada, on fullllling the conditions 
laid down in the Act ; but any person rejected or deported 
for any other cause, who enters or remains in, or returns to, 
the country after rejection or deportation, or who refuses 
or neglects to leave Canada when ordered to do so, may forth- 
with be arrested and detained for examination and deporta- 
tion ; or he may be prosecuted, in which case he is liable on 
summary conviction to a fine not exceeding fiNC hundred dollars 
and not less than fifty dollars, or to a term of imprisonment 
not exceeding one year, or to both, and he may then be again 
deported or ordered to leave Canada. 



Families. 

If the head of a family is deported, all dependent members 
of his family ma}^ be deported at the same time. If the 
deportation of a dependent member is ordered on account 
of having become a public charge, and if this is dvie to wilful 
neglect or non-support by other members of the family, all 
such members may be deported at the same time. Deportation 
in this case is at the expense of the persons concerned ; or if 
this is not possible the cost is provided by the Department 
of Immigration and Colonisation. 



Cuba. 

Any immigrant who considers himself unjustly treated by 
decisions of the immigration inspector has a right of appeal 
against such decision in virtue of the provisions of the Act, 
and his exclusion may be adjourned until a final decision has 
been taken. 

In like manner, an inspector who is opposed to a decision 
taken allowing an immigrant to land may lodge an appeal 
against such decision. 

Such appeals must be made in writing, and presented to 
the chief officer of customs, by whom they are transmitted, 
with documentary evidence in support, to the chief officer of 
customs of Cuba. 

The expenses of looking after and maintaining immigrants 
who have been excluded, or who ha\e lodged an appeal, as well 
as the expenses of maintenance and transport of those who 
have been definitely excluded, must be borne by the steamship 
companies. 

— 277 — 



The admission of immigrant workmen was facilitated by 
the Act of 3 August 1917, under certain conditions ; but the 
apphcation of this law was limited to a period of two years 
subsequent to the termination of war. 



France. 

In virtue of the Decree of 18 November 1920, every foreigner 
who is not subject to the provisions in force concerning the 
immigration of foreign workers into France may be taken at 
his own expense to the Immigration Office or frontier post at 
which he ought to have registered. 



Great Britain. 

As regards alien women and children arriving in ports in 
the United Kingdom, the Immigration Officers appointed 
under the Aliens Acts look out for any cases of suspicion. 

When a foreign prostitute is convicted of an offence the Court 
which convicts her has discretion, in pursuance of the provisions 
of the Aliens Acts, to recommend her deportation. ^ 

An alien who is awaiting deportation may be detained in 
such manner as may be directed by the Secretary of State, 
and may be placed on a ship about to leave the United Kingdom ; 
he is deemed to be in legal custody whilst so detained, until 
the ship finally leaves the United Kingdom. 

The master of a ship about to call at any port outside the 
United Kingdom may be obliged to receive an alien, against 
whom a deportation order has been made, and his dependents, 
on board the ship, and afford him and them a passage to that 
port and proper accommodation and maintenance during the 
passage. The Secretary of State has power to grant exemptions. 



India. 

Persons of European extraction who are found asking for 
alms or wandering about without any employment or visible 
means of subsistence are dealt with under the European Vagrancy 
Act 1874. They are taken in custody by the Police and 
endeavours are made to find employment for them. If, after the 



^ In all cases, the nationality and the part of the foreign country from 
which the woman comes are ascertained with all reasonable certainty before 
she is sent back to that country, and in some cases it is possible — whether 
through the connections abroad of the National Vigilance Association or 
otherwise — to make arrangements for the reception of the woman in her 
native country, and so far as possible for her care there. 

— 278 — 



lapse of a reasonable time, no suitable employment is found 
for them, they are removed from India at Government expense 
on certain conditions or released after certain sections of the 
Act have been read to them. 

Immigrants who are not British subjects are required, in 
common with other subjects of foreign States, to comply with 
the requirements of the Foreigners Act. 1864. Under this Act, 
foreigners are liable to removal from British India by order 
of the Government of India or Local Governments. 



Mexico. 

When the examination of a passenger who has disem- 
barked shows that he belongs to one of the categories sub- 
ject to exclusion, he is re-embarked on the vessel by which 
he arrived. Should this vessel have already departed, he is 
re-embarked on the next vessel belonging to the same com- 
pany bound for his native country, or in any other vessel 
proceeding to the same destination if there is no vessel available 
belonging to the company in question within a month. The 
cost of maintaining such an immigrant while he is waiting 
for a suitable vessel must be borne by the company by which 
he had been shipped. 

A foreigner who has entered the country in violation of the 
provisions of the laws on immigration and has not been resident 
on Mexican territory for more than three years, is liable to be 
returned to his native country. 

In such cases he is sent back by a ship, or train, belonging 
to the same company which was responsible for his arrival 
in Mexico. AVhere this is impossible, he is shipped on another 
vessel, or sent by another train, at the expense of the company 
in question. 



Netherlands. 

Deportation can be carried out, either on the decision of 
a Justice of the Peace, if the formalities demanded on entering 
the country have not been fulfilled, or by order of the Queen, 
if the foreigner in question endangers public order. 



New Zealand. 

According to the Immigration Restriction Act 1908-1910, 
the Minister of Internal Affairs may, for the purpose of re- 
moving from New Zealand any prohibited immigrant, niake a 
contract with the master, owner, or agent of any ship for the 
passage of any such immigrant to the port or place whence he 

— 279 — 



came, or to any port or place in or near to his country of birth. 
Upon the contract being made such immigrant may, with his per- 
sonal effects, be placed on board such ship by any officer or con- 
stable, and the master shall keep such immigrant on board, under 
custody if necessary, until the ship has sailed. If the immigrant 
appears to be destitute, the officer placing him on board may sup- 
ply him with such sum of money as may be required in order to 
enable him to maintain himself for one month after disembark- 
ing from the ship at the end of the voyage. 

Under the Act of 1919 the Attorney- General acting by 
direction of the Governer-General in Council may order dis- 
affected or disloyal persons to leave New Zealand. 

Persons awaiting deportation may be detained in custody. 
When deported they are not entitled to return without permission. 



Panama. 



According to the provisions of the Act of 1914, immi- 
grants reported by the health authorities to be suffering from 
a disease which entails their exclusion can be expelled by the 
harbour police authorities. The transport companies are respon- 
sible for re-embarking and returning such immigrants to their 
place of origin, or to any other locality outside the country; 
they are also liable to a fine of from 200-400 balboas for each 
immigrant introduced surreptitiously. 

Article 4 of the Decree of 1 March 1916] stipulates that 
immigrants travelling third class, as stated by Article 24 of 
the Act of 1914, must find lawful and permanent employment 
within three months, under penalty of expulsion. When 
this provision is not complied with, the Governor of the Pro- 
Adnce in which such immigrants are residing is responsible for 
their return to their place of origin ; the expenses of their return 
passage are defrayed from a fund established for the benefit 
of immigrants by the Treasury of the Province in question ; 
any amount in excess of the cost of passage must be restored 
to the interested party. 

Immigrants may appeal to the Department of Foreign 
Affairs against any decisions taken by the Governors of Pro- 
vinces with reference to immigration. 

The Act of 1914 provides that foreigners residing in the 
country who are suffering from mental derangement, or from 
contagious diseases, and whose confinement or isolation be- 
comes necessary, shall be repatriated at the cost of the State, 
providing that hospitals or asylums suitable for dealing with 
these classes of illness exist in their native country. 

— 280 — 



I 



Peru. 

According to Articles 4 and subsequent Articles of the 
Act of 22 September 1920, a foreigner expelled by the compe- 
tent authorities can appeal to the harbour or frontier autho- 
rities against this decision, either verbally or in writing. 

His claim must immediately be forwarded to a committee 
consisting of the judge of a court of first instance, or, in his 
absence, a competent justice of the peace, the munici- 
pal Alcadc, and the maritime port or frontier authority. 

In cases of illness the official medical officer, or, in his ab- 
sence, any doctor, is competent to decide within 48 hours 
whether an immigrant shall be allowed to land or shall be 
expelled. 

If the committee's decision is in favour of expulsion the 
interested party may demand that it be examined by the 
Minister of Foreign Affairs, whose decision is final. 



South Africa. 

Rejection. — Any person who fails to satisfy the immigration 
officer that he is not a prohibited immigrant is declared to be 
a prohibited immigrant and is not permitted to land or to 
remain in the Union. 

A prohibited immigrant may, if not already under detention, 
be arrested without warrant and removed by warrant from 
the Union, and j^ending removal may be detained in custody. 

If leave to enter the Union, or any particular province, is 
withheld, the immigration officer must inform the person 
concerned in writing, stating, as the case may be, the reasons 
for refusal, detention, arrest, etc. If the said person is affected 
by restrictions on arriving by sea, the captain of the ship in 
which he arrived must similarly be informed. The person con- 
cerned may appeal to the competent Appeal Board. The Gov- 
ernor General may appoint as many boards as he considers 
desirable. 

A prohibited immigrant must be detained on the ship by the 
master, who must remove him from the Union. The immigration 
officer may cause the immigrant to be removed in custody from 
the ship and be detained in any other place. The master shall 
further be liable to pay the cost of the detention, maintenance, 
and control of any such person while so detained. The immi- 
gration officer mav require the master or owner of the ship to 
deposit a sum sufficient to cover any expense that may be 
incurred by the immigration department in connection with 
the landing, removal, detention, maintenance, and custody. 

Any such person who escapes or attempts to escape from 
detention may be arrested without warrant. 

— 281 — 



If a prohibited immigrant lands from the ship without 
proper authority, the master or owner forfeits a sum not exceed- 
ing one hundred pounds, in respect of every such prohibited 
immigrant. The proper officer of customs may refuse to give 
the master of any ship clearance papers to leave until the latter 
has complied with the provisions of the Act and produces a 
certificate of an immigration officer of such compliance. 

Deportation. 

Any person other than a native of South Africa who has 
been sentenced to imprisonment for supplying intoxicating 
liquor to any coloured person in contravention of any law, or 
for being in possession of unwrought precious metal or rough 
or uncut precious stones in contravention of any law and who, 
by reason of the circumstances connected with the offence, is 
deemed by the Minister to be an undesirable inhabitant of the 
Union, may be removed from the Union. 

Every person who is suspected on reasonable grounds of 
being a prohibited immigrant may be arrested without warrant 
and searched for same under warrant. 

Prohibited immigrants are not exempt from the provisions 
of the Act by reason that they were allowed to enter through 
oversight, etc. 



United States. 
Boards of Enquiry. 

Every alien who does not appear to be clearly entitled to land 
is detained for examination by a Board of Special Enquiry. 
The owners, masters, agents, and consignees of vessels bringing 
aliens must pay all expenses incident to or involved in their 
removal from the vessel or their detention, irrespective of 
Avhether the aliens removed or detained are subsequently 
admitted or deported ; such expenses to include those of main- 
tenance, medical treatment in hospital or elsewhere, burial 
in the event of death, and transfer to the vessel in the event of 
deportation. 

Boards of Special Enquiry are appointed at the various 
ports of arrival for the prompt determination of all cases of 
immigrants detained at such ports. Each board consists of three 
members, and it has authority to determine whether an alien 
shall be allowed to land or shall be deported. Either the alien 
or any dissenting member of the board may appeal through 
the Commissioner of Immigration to the Secretary of Labour. 

It is provided that Boards of Special Enquiry shall determine 
all cases as promptly as the circumstances permit, due regard 

— 282 — 






being had to the necessity of giving the aHen a fair hearing. 
The ahen may have one friend or relative present, provided 
that he is not an agent or a representative at an immigration 
station of an immigrant aid or other similar society or organ- 
isation and that he is actually related to or an acquaintance 
of the alien. . 

Upon determining that a witness whose evidence is desired 
either by the Government or the alien will not be likely to 
appear and testify, or produce written evidence, unless com- 
manded to do so, the commissioner or inspector in charge issues 
a subpoena and has it served upon the witness by an immigra- 
tion officer or employee. If the witness neglects or refuses to 
respond to the subpoena, the United States attorney is requested 
to report this fact to the appropriate district court, with a 
motion that an order be issued. 



Appeals. 

Where an appeal lies the alien must be informed of his right 
to it. He may appeal individually, or through any society 
admitted to an immigrant station, or through any relative 
or friend, or through any person, including attorneys, permitted 
to practice before the immigration authorities. A board member 
may also make an appeal. 

There is no appeal if a Board of Special Enquiry rejects an 
alien because he is afflicted with tuberculosis in any form or a 
loathsome, contagious or dangerous disease, or is an idiot or an 
imbecile or an epileptic or is insane or feeble-minded, or is 
afflicted with constitutional psychopathic inferiority. 

When an alien is certified for a physical defect the board 
must decide whether or not such certified defect may affect his 
ability to earn a living. 

No alien is permitted to land for medical treatment unless 
the Secretary of Labour is satisfied that to refuse treatment 
would be inhumane or cause unusual hardship or suffering, in 
which case the alien is treated in the hospital under the super- 
vision of the immigration officials at the expense of the vessel 
transporting him. 

Aliens arriving as stowaways are detained for examination 
by a Board of Special Enquiry. Unless the board reaches the 
unanimous conclusion that beyond a doubt the alien, except 
for being or having been a stowaway, is entitled to land, it 
must exclude. Appeal is allowed in such a cas:e. 

Deportation. 

All aliens brought to the United States in violation of law 
must be immediately sent back to the country whence they 
came, on the vessels bringing them. 

— 283 — 



Officials may stay deportation and request the immigration] 
bureau's permission to reopen the case, at the same time briefly 
stating the general nature of the new evidence. 

The mere action of referring back a case is not to be taken 
as an indication of any disapproval by the department of the 
board's decision or of what the new decision should be. 

The Commissioner- General of Immigration may suspend 
the deportation of any alien if, in his judgment, the testimony 
of such aUen is necessary in the prosecution of offenders against 
the law. 

If a rejected alien is helpless from sickness, mental or phy- 
sical disabihty, or infancy and is accompanied by another alien 
whose protection or guardianship is required by such rejected 
alien, such accompanying alien may also be excluded, and the 
master shall be required to return said alien and accompanying 
alien in the same manner. 

The deportation of aliens shall be to the country whence 
they came or to the foreign port at which such aliens embarked 
for the United States ; if such country refuses to permit their 
re-entry, then to the country of which such aliens are subjects 
or citizens or to the country in which they resided prior to 
entering the country from which they entered the United 
States. 

When an alien to be deported requires special care, the 
steamship company concerned must provide such care and 
attention as his condition calls for, not only during the ocean 
voyage, but also during the foreign inland journey. 

Whenever a steamship company has failed for a period 
of 90 days after departure of such alien to comply with these 
terms, the Secretary of Labour, without further notice and during 
such period as he shall determine, will exercise his right to 
employ suitable persons to accompany to their final destina- 
tion any other aliens requiring special care and attention and 
deported on a vessel of that company. 

Aliens whose prompt deportation cannot be accomplished 
because of war or other conditions may be released and permitted 
to accept self-supporting employment. 

A prospective employer is required fully to disclose to the 
immigration official having the alien in custody his plans with 
reference to the employment of such alien, including the wages, 
how often paid (giving dates), housing conditions, and duration 
of employment. 

A prospective employer is also required to give his written 
stipulation to the following effect, viz. : 

(a) That he will pay the current rate of wages for similar 
labour in the community in which the released alien is to be 
employed. 

(h) That he will keep the immigration officer in charge 
of the case advised promptly of any change made in his plans. 

— 284 — 



(c) That he will notify such officer immediately upon learn- 
ing that the alien released to him has left his employ. 

(d) That he will retain from the released alien's wages the 
sums named in the Act and transmit them for deposit. 

The employer must withhold from the alien's wages 25 per 
cent of the amount earned. The funds so deposited remain 
in the Postal Savings Bank until the alien leaves the United 
States, when the money so saved, plus the interest, if any, is 
delivered to the alien. 

It is unlawful to bring to the United States at any time 
within one year from the date of deportation any alien rejected 
or arrested and deported, unless prior to re-embarkation the 
Secretary of Labour has consented that such alien shall re-apply 
for admission. 

An excluded alien must be informed that the return voyage 
is at the expense of the steamship company which brought him, 
that the transport company must return him in the same class 
in which he came, and, in cases covered by Section 9, ^ that a 
refund of his transportation from the initial point of departure 
to the port of rejection is due to him. The fact that he has been 
so informed shall be entered in the minutes. 

Transportation companies must furnish the original trans- 
portation contracts of all rejected aliens, such contracts showing 
the exact amounts paid for transportation from the 'initial 
point of departure" to the foreign port of embarkation, from the 
latter to the United States port of arrival, and from the port 
of arrival to inland point of destination, and also the amount 
paid for head-tax. 

At least 24 hours' advance notice of the time of the sailing 
of every vessel which has brought aliens to the United States 
must be given to the immigration officer in charge. 

1 This section is as follows : — 

"That it shall be unlawful for any person, including any 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 either from a foreign coimtry, or any 
insular possession of the United States, any alien afflicted with idiocy, 
insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic 
inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome or 
dangerous contagious disease ; and if it shall appear to the satisfaction 
of the Secretary of 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 examination at such tune, 
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 200 dollars, 
and, in addition, a sum equal to that paid by such alien for his transportation 
from the initial point of departure indicated in his ticket to the port of 
arriyal for each and every violation of the provisions of this Section, such 
latter sum to be delivered by the collector of customs to the alien on whose 
account assessed." 

— 285 — 



If the vessel by which any ahen ordered to be deported came 
has left the United States and it is impracticable for any reason 
to deport the alien within a reasonable time by another vessel 
owned by the same interests, the cost of deportation may be 
paid by the Government and recovered by civil suit from any 
agent, owner, or consignee of the vessel. 

The follow-ing persons are Hable to deportation at any time 
within five years after entry ^ : — 

Any alien (1) who at the time of entry was a member of 
one or more of the classes excluded by law ; (2) who enters 
or is found in the United States in violation of the law ; (3) who 
within five years after entry becomes a public charge ; (4) who is 
sentenced to imprisonment for a term of one year or more 
because of conviction for a crime involving moral turpitude or 
who is sentenced more than once because of conviction in this 
country of any crime involving moral turpitude committed 
at any time after entry ; (5) who is found an inmate of or 
connected with the management of a house of prostitu- 
tion or practising prostitution, who receives shares in or 
derives benefit from any part of the earnings of any 
prostitute ; (6) who manages or is employed by any house of 
prostitution or music or dance hall or any other place where 
prostitutes gather, or who in any way assists any prostitute or 
protects or promises to protect from arrest any prostitute ; 
(7) who imports any person for the purpose of prostitution or of 
any other immoral purpose ; (8) who after being excluded or 
deported as a prostitute, or as a procurer, or as having been 
connected with the business of prostitution or importation 
for prostitution or other immoral purposes in any of the ways 
specified, returns to the United States; (J)) who, at any time with- 
in three years after entry, enters the United States at any place 
not designated by immigration officials or without inspection. ^ 

Officers must make a thorough investigation of all cases when 
they are credibly informed or have reason to believe that a 
specified alien in the United States is subject to arrest and 
deportation on warrant. 

Upon receipt of a telegraphic or written warrant of arrest 
the alien is taken before the person or persons therein named 
and granted a hearing to enable him to show cause why he should 
not be deported. Pending determination of the case, he may be 
taken into custody or allowed to remain in some place deemed 
secure and proper, except that in the absence of special 
instructions an alien confined in an institution shall not be 
removed therefrom until a warrant of deportation has been 
issued. 

^ Certain persons belonging to the immoral, anarchist or criminal 
classes may be deported irrespective of the period of their ^tay. 
2 The last provision is applicable only within three years. 

— 286 — 



I 



The full record must be forwarded to the bureau of immiwra- 
tion for deterniinatiou as to whether or not a deportation warrant 
shall be issued. 

The full record must be supplemented by a medical certifi- 
cate showing (1) w'hether such alien is in condition to be deported 
without danger to life ; (2) whether he will require special care 
and attention on the ocean voyage. 

Upon receipt of the department's decision the alien is taken 
into the custody of the immigration officials for deportation. 



287 



CHAPTER V. 



THE TREATMENT OF IMMIGRANTS AFTER 
ADMISSION. 



Once admitted to the country of immigration the immigrants 
are under certain definite obligations. These chiefly concern 
the formahties of registration. They are dealt with in the first 
section of this chapter, in so far as they differ from those im- 
posed on all foreigners which it is impossible to mention here. 

Immigrants also enjoy certain privileges. The second 
section relates to measures adopted for facilitating the finding 
of work by immigrants. 

The third section is devoted to the general provisions 
adopted in the countries of immigration for protecting immi- 
grants after admission. In this section will be found an anal- 
ysis of several measures to which reference has already been 
made in previous chapters. 

On the other hand, no further mention will be made of the 
advantages granted to immigrants before or during the journey, 
as this matter has already been dealt with in Chapter III, 
section 2. 



§ 1. Registration. 
Australia. 

By the Registration of Aliens Act 1920, every alien ^ who 
enters the Commonwealth in an oversea vessel must, immediately 
after arrival at the first port of call in the Commonwealth, 
register himself as an alien. This is done by properly completing 
a notice in accordance with the prescribed form, and by attend- 

1 "Alien" is defined as any person over the age of sixteen years who 
is not of British nationality. 

— 289 — 

19 



iiig in person before an aliens registration officer on board the 
vessel with various documents. 

An alien must not change his place of abode unless he first 
gives notice to the nearest aliens registration officer of the date 
on which he intends to change it, and of his intended new place 
of abode. 

Every child of an alien resident in the Commonwealth, 
other than a natural-born British subject, must, within three 
months after he attains the age of sixteen years, be registered 
as an alien, unless he is exempted by this Act. 

The following are exempt from the provisions of this Act :■ — 
consuls and their staffs, all aliens exempted by or under the 
authority of the Minister, and the master and crew of any 
public vessel of any Government. 



Denmark. 

In accordance with the Act of 1912 an employer must make 
a written declaration to the local chief of police within four days 
of the arrival of any foreign workmen at their place of destina- 
tion. This declaration must contain the following information : 

1. The number of foreign workmen in his employ, indi- 
cating separately men, women, and children, their nationality, 
their place of origin, and, as far as possible, their names; the 
police then make a note of this information and add an exact 
description (as regards young persons under 16 years of age 
travelling unaccompanied, the names of their parents or guar- 
dians and their customary place of residence should also be 
indicated if possible). 

2. When workmen arrive under the guidance of a foreman 
or an agent, the name and domicile of the latter should also 
be added. 

3. The name of the institution, association, or Danish 
or foreign agency through which the Danish employer engaged 
the workers in question. 

4. The period for which the workmen have been engaged. 

5. The general or special nature of the work for which they 
have been engaged. 

6. The site of the quarters provided for them. 

When workmen move from one place to another within 
Denmark, the employer whose service they are leaving must 
inform the local police authorities to whom the declaration 
had previously been made, and their new employer must also 
furnish the police authorities of his own district with a declara- 
tion of the same nature as the one described above, adding the 
name and address of the last employer. 

— 290 — 



I 



France. 

In accordance with the provisions of the Act of 8 August 
1893 concerning the residence of foreigners in France, and 
the protection of workers of French nationaUty, all foreigners 
not yet having obtained permission to reside in France must, 
on arriving in a commune with the intention of exercising a 
trade, business or occupation of any kind, make a declaration 
of residence before the mayor, or the commissioner of police, 
representing the mayor, for this purpose, within eight days of 
his arrival, furnishing proof of his identity. Declarations cannot 
be accepted by the mayor or the commissioner of police if the 
person by whom they are made has not produced proper 
documentary evidence of identity as required by the adminis- 
trative regulations. A register on which foreigners must be 
inscribed is provided for this purpose, and a copy of the entry 
dealing with each case is delivered to the foreigner, after he 
has made his declaration, in the form of an identity card des- 
cribing his civil status, on payment of the necessary fees. 

On taking up his residence in a new commune, a foreigner 
must have his certificate visaed within two days of his arrival by 
the mayor or police commissioner, at his new place of residence. 
The Labour Code (Book 2, Article 164) prohibits all persons 
from knowingly employing a foreigner who is not in possession 
of a certificate, in accordance with the Act of 8 August 1893. 

In virtue of the Decree of 18 November 1920, all foreigners 
over 15 years of age intending to reside in France more than 
15 days must apply for an identity card within 48 hours of 
their arrival at the first locality where they intend to reside. 
These cards are delivered free of charge to foreign workers 
on their arrival in France by the special commissioner of police 
at the frontier station or immigration office. They are stamped 
with the words "industrial worker" or "agricultural worker". 
The identity cards serve as a safe conduct, and foreigners 
must have them visaed by the mayor, or commissioner of police, 
both on arrival and on departure in all localities where they 
intend to reside ^. Foreigners applying for an identity card must 
supply three photographs and fill up two questionnaires, giving 
the following information : name. Christian name, ancestry 
(with date and place of birth), date and place of birth, family 
circumstances. Christian name and age of children under 15 
travelling or living with the applicant, name, age and nationality 
of wife, two references abroad, two references in France, last 
place of domicile abroad, previous extent of residence in France, 
time and place of such previous residence, and any other necessary 
information for establishing the foreigners' identity. This 
information is inserted on the card. One copy of this question- 
naire is preserved at the prefecture of the Department in which 

1 Decrees of 2 April 1917 and 18 November 1920. 

— 291 — 



the identity card is delivered ; the other, with one photograph, 
being sent to the central services of the Ministry of the Interior. 

House proprietors, hotel and lodging-house keepers, 
must notify the commissioner of police, or the mayor, of the 
presence of foreigners living in their houses or establishments, 
within 24 hours of arrival. The same provision applies to 
restaurant or boarding-house keepers who habitually receive 
strangers. Mayors must inform the Prefect of the Department 
of the decease of any foreigner whose death certificate they 
have delivered, and the Prefect must immediately notify the 
central services at the Ministry of the Interior. 

Identity cards are given up at the frontier by foreigners 
leaving France, and the frontier authorities send them to the 
central services of the Minister of the Interior; they also notily the 
central services of the names of foreigners who have not given 
up their card, after having established their identity. 

A section entitled "central services" has been established 
at the Ministry of the Interior (General Safety Department) 
where cards corresponding to the identity cards delivered to 
foreigners are kept up-to-date. These cards also contain infor- 
mation with regard to any convictions which foreigners have 
incurred. 

Any foreigner who has been guilty of tampering with, 
surcharging, or falsifying an identity card, or who has made 
use of an identity card to which he is not entitled in connection 
with any administrative act, is liable to expulsion from French 
territory. 



Great Britain. 

In accordance with the Aliens Order 1920, every alien must 
as soon as possible furnish particulars concerning himself to 
the registration officer of the district in which he is resident 
and must produce to the registration officer either a passport 
furnished with a photograph or some other document satis- 
factorily establishing his nationality and identity. He must 
furnish particulars of any circumstance affecting in any manner 
the accuracy of the particulars previously furnished by him. 
He must, if he is about to change his residence, furnish particu- 
lars as to the date on which his residence is to be changed, and 
as to his place of residence, and he must within forty-eight hours 
of his arrival in the registration district into which he moves report 
his arrival to the officer of that district. If at any time he is 
absent from his residence for a continuous period exceeding 
two months, he must report to the registration officer of the 
district of his residence his current address and every subse- 
quent change of address. 

If an alien has no residence in the United Kingdom he must 
report to the registration officer of every district in which he 

— 292 — 



stays for more than twenty-four hours. If he gives the name 
and address of a British subject, who is a person of respectability 
and good credit, the ahen is deemed to be resident at that 
address, and the provisions of the AHens Order apply accord- 
ingly. 

It is the duty of any person with whom an alien is lodging 
or staying to take steps, either by giving notice to the registra- 
tion officer of the presence of the alien in his household or 
otherwise, to secure compliance with the terms of the Order 
in respect of the registration of or reporting by the alien. 

The Secretary of State may by order impose special restric- 
tions on any alien. He may also, if he thinks fit, make an order 
requiring an alien to remain thereafter out of the United King- 
dom. 

The Aliens Order can be amended by Order in Council, and 
it is specifically stated that a reference to the Aliens Order 
"shall, unless the context otherwise requires, be construed to 
refer to this Order as amended by any Order in Council for 
the time being in force." 

India. 

Every foreigner on arrival in any port of British India, 
if an order for reporting arrival is in force in that place, must 
report himself to the Commissioner of Police, District Magis- 
trate or any officer appointed to receive such reports. Licenses 
to travel in India have to be obtained in certain circumstances. 

The Netherlands. 

Foreigners arriving in the country must establish their 
identity to the satisfaction of the Chief of Police by means 
of a passport, or by some other method. Those wishing to 
reside provisionally in the country are given a certificate of 
residence available for three months (this certificate is only 
delivered in practice in the larger towns), and, on the other 
hand, the police authorities must enter the name of the foreigner 
in a register kept for this purpose. Those wishing to settle 
permanently in the Netherlands must have their names entered 
on the registers of population. ^ 

New Zealand 2. 

The Registration of Aliens Act passed in 1917 provides 
for the registration of all persons of the age of fifteen or oyer 
who are not British subjects either by birth or by naturalisation 

1 Reply of the Netherlands Government to the Questionnaire sent 
out prior to the meeting of the International F^migration Commission. 

2 The Xezv Zealand Official Year Book, 1919, p. 87. 

— 298 — 



in New Zealand. The Government Statistician is charged 
with the duty of compihng and keeping the register, but the 
actual registration is effected by Registration Officers (mostly 
police officers) throughout the Dominion. 

Upon receipt of an application for registration the Regis- 
tration Officer issues a certificate of registration, and forwards 
the application in duplicate to the Superintendent of Police 
for the district, who files one copy and sends the other on to the 
Commissioner of Police for transmission to the Government 
Statistician. Registered aliens are required to notify all changes 
of address. 



§ 2. Facilities for Finding Employment. 

Argentina. 

By the Act of 1876, Article 9, the Immigration Department 
at Buenos Aires and also the committees in their respective 
localities must have attached to them, whenever there is need, 
an employment office, the staff of which is determined by 
the Budget Act. Article 10 of the same Act lays down that 
the duties of these employment offices are as follows : — 

(a) to receive applications from skilled and unskilled 
workers ; 

(b) to obtain advantageous conditions for immigrants 
and to see that the latter are placed with reliable people ; 

(c) to intervene at the request of immigrants with regard 
to contracts concluded by the latter and to ensure the strict 
execution of the terms of the contract on the part of the em- 
ployers ; 

(d) to place in a special register the number of vacan- 
cies filled giving particulars of the pay, nature of the work, 
conditions of the contract, and the names of the contracting 
parties. 

In places where there is no employment exchange these 
duties are fulfilled by the immigration committees (Article 11). 

Employment should be found as far as possible within 
the five days during which the immigrants are staying at the 
immigrants' hostel. 

Australia. 

Employment exchanges are available to newly arrived 
immigrants on the same conditions as to Australian citizens. 

— 294 — 



Austria. 

Employment exchanges both public and private are equally 
available to foreigners and nationals. 



Belgium. 

Employment exchanges are open to immigrants without 
any conditions as to nationality or residence. 



Bolivia. 

Reference has already been made in Chapter III to the 
Labour Office. It is the duty of this Office to find employ- 
ment for immiofrants. 



Brazil. 

Full information and advice is given to immigrants to 
enable them to decide where they would like to settle. If the 
immigrant wishes to go as a settler to one of the colonisation 
centres founded by the Government or by a private under- 
taking, he is received on his arrival by the local administration 
which sees that he is installed on the plot of land and pro- 
vided with a temporary residence. Those who wish to be employed 
as wage-earners in agriculture or in industry can apply for 
employment, in accordance with their qualifications, through 
the official Information and Employment Office whose duty 
it is to give them information regarding the demand for 
labour and the conditions of labour in the different parts 
of Brazil. 

In the State of Sao Paulo, when an immigrant is placed 
in employment by the official employment agency, attached 
to the immigrants' hostel, the contract is concluded in the 
presence of an official charged ^\^th this work. The worker 
then receives an employment book as a proof of his engage- 
ment in case of a dispute with the employer. 



Canada. 

The public Employment Service of Canada is available 
to the fullest extent to workpeople of all races and classes. 

By the Act of 1919, the Governor in Council may make 
regulations to safeguard the interests of inmiigrants seeking 
employment from any companies, firms or persons carrying 
on the business of intelligence offices, or employment or labour 
agencies. 

— 295 — 



By the Immigration Aid Societies Act of 1906, societies 
may be formed, with a view to assisting emigrants to 
reach Canada from Europe and to obtaining employment 
for them. 

With regard to private employment agencies, it was found 
in the past that abuses were apt to occur owing to lack of 
control of the private employment agencies in various parts 
of the Dominion, but in 1913 an Order in Council was passed 
by the Canadian Government providing that all employment 
agencies having business dealings with immigrants must take 
out a licence from the Department of the Interior (for which 
no fee is payable), and must not charge more than one dollar 
for securing employment for immigrants. ^ 

The report of the Oversea Settlement Committee in Lon- 
don, 1920, states that the work in connection with the employ- 
ment of wage-earning women in Canada has been greatly as- 
sisted by the establishment under the auspices of the Depart- 
ment of Immigration and Colonisation at Ottawa of a Council 
of Immigration of Women which co-operates with the Ministry 
of Labour in Canada in placing wage-earning settlers in 
employment. 



Chile. 

Alien immigrants have in Chile the same facilities for find- 
ing employment as Chilian workers, and the employment 
exchanges do not make any distinction between Chilian wor- 
kers and aliens. The work of the employment exchanges 
consists principally in getting facilities for the transport of 
persons who desire to go to districts where labour is very 
scarce. 



Czechoslovakia. 

Immigrant wage earners looking for work in Czecho- 
slovakia can apply for this purpose to the public employment 
exchanges established in almost all districts of the Republic. 



Finland. 

Alien applicants may benefit by the municipal employ- 
ment exchanges on the same conditions as nationals. The 
first duty of the exchanges, however, is to see that workers 
living in the home country are employed. 

1 Dominions Royal Commission, 5th Interim Report, London, 1917, 
p. 11. 

— 296 — 



France. 

The French employment exchanges are avaihible to ahen 
workers on the same conditions as to nationals, with the reser- 
vation, however, that in cases of equal skill priority is given 
to the employment of French unemployed workers. 

By the Decree of 18 November 1920, modifying that of 
21 April 1917, regarding identification papers for foreign workers, 
immigration offices and frontier stations have to receive and 
allocate immigrants, whether the latter arrive singly or in 
bodies and with or without assured employment. These offices 
and stations have to give the immigrants identification papers 
and other documents necessary for them to stay in France, to 
look for work for the immigrants, if necessary, and make tem- 
porary provision for board and lodging. 

These immigration offices are attached to the national 
system of the departmental or municipal employment exchanges 
through the medium of the Foreign Labour Department of 
the Ministry of Labour. These offices also regulate the admission 
of foreign workers into France. 

The identification cards issued by the Agricultural Labour 
Service to foreign agricultural workers contain the following 
paragraph relating to authorised changes of occupation : — 

"In order to avoid disturbances in the labour market 
the agricultural worker on the termination of his contract 
cannot be authorised to work in industry or commerce 
except in the event of the public employment exchange in 
the locality where he would be employed being unable to 
find him employment in agriculture, but being able to offer him 
a post in industry or commerce. If in any other circum- 
stances he leaves agricultural employment in order to take 
a post in industry he is liable to be taken back to the 
frontier at his own expense. " 



Germany. 

The employment offices of the Chambers of Agriculture 
are available for the use of alien agricultural workers and the 
public employment exchanges are available for the use of all 
aliens in so far as there are vacancies for which no suitable 
German worker can be procured. 

An Order issued by the President of the Federal Employ- 
ment Office on 26 May 1920 forbids private employment agen- 
cies to find employment for foreign workers, and imposes 
penalties for any attempt to bring about a breach of a contract 
of employment concluded by an immigrant worker. 

— 297 — 



Great Britain. 



Any immigrant has the right to register at a Government 
employment exchange immediately on his arrival, and the 
services of the exchange are at once available with a view to 
placing him in any vacancy for which he is eligible. 



Hungary. 

Immigrant workers can apply individually to the provincial 
offices and also to the agencies of employers' and workers' 
organisations. 

Italy. 

Employment exchanges were constituted in Italy by Decree 
of 17 November 1918. Alien immigrants in Italy have the 
same right as nationals to apply to these exchanges. 

Luxemburg. 

Employment exchanges are available to aliens on the same 
conditions as to nationals. 



Netherlands. 

Immigrants can make use of the free public employment 
exchanges on the same conditions as Dutch subjects. 

According to the reply of the Netherlands Government 
to the Questionnaire, there is a special Dutch employment 
exchange at Oberhausen (Germany). It was created in 1907 
by the Association of Dutch Employment Exchanges, and is 
subsidised by the State and a large number of communes. 
Its work is confined to finding employment both for Dutch 
subjects going to Germany and for Dutch subjects and Germans 
intending to settle in the Netherlands. 

Norway. 

Public employment exchanges may be used by immigrants 
in the same way as by nationals. 

Paraguay. 

The Director of the Immigration Section (Department of 
Lands and Settlements) has, in accordance with the Act of 13 

— 298 — 



June 1920, to find employment for immigrants under advan- 
tageous conditions, according to the work for which they are 
suitable, to keep a registry of the number of vacancies filled, 
indicating the day, the nature of the work, the conditions of 
the contract, and the number of persons concerned, and register 
all applications for employment. 



Poland. 

The employment exchanges are open free of charge to immi- 
grants on the same conditions as to nationals. 



South Africa. 

Young men wishing to learn farming under colonial farmers 
can apply to the various Departments of Agriculture. 

Provincial Labour Bureaux are established at Cape Town 
and Durban, where immigrants who are in search of work 
can apply. In other towns they can apply either to the 
local bureau, or to the office of the Resident Magistrate. 

Female immigrants can apply to the South African Coloni- 
sation Society in London or to the Young Women's Christian 
Associations in the principal towns of South Africa. 

Moreover, the office of the High Commissioner in London 
gives information to all those wishing to emigrate to South 
Africa. The Union Department of Labour sends the High 
Commissioner a monthly summary of the labour situation 
in the different trades, and also a complete list of vacant posi- 
tions. This information is published in a Circular which appears 
periodically. In certain cases, the High Commissioner publishes 
lists of vacancies in the newspapers. 



Switzerland. 

The employment exchanges, whether official or private, are 
available for the use of immigrants without restriction. 



United States. 

The services of the Federal, State, and Municipal employ- 
ment offices are without exception open to immigrants on the 
same terms as to citizens. 

The United States immigration law provides for the main- 
tenance of a Division of Information in the Bureau of Immi- 
gration, the functions of the Division being prescribed by that 
law as follows : — 

— 299 — 



"It shall be the duty of said division to promote a bene- 
ficial 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 sources useful information regarding the resources, 
products, and physical characteristics of each state and terri- 
tory, and shall publish such information in different languages 
and distribute the publications among all admitted aliens at 
the immigrant stations of the United States and to such other 
persons as may desire the same. When any state or terri- 
tory appoints and maintains an agent or agents to represent 
it at any of the immigrant stations of the United States, such 
agents shall, under regulations prescribed by the Commis- 
sioner General of Immigration, subject to the approval of the 
Secretary of Labour, have access to aliens who have been 
admitted 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 immigrant station such agents shall be subject 
to all the regulations prescribed by the Commissioner-General 
of Immigration, who, with the approval of the Secretary of 
Labour, may, for violation of any such regulations, deny to the 
agent guilty of such violation any of the privileges herein granted." 

According to the reply of the United States Government 
to the Questionnaire of the International Labour Office, "the 
Division of Information is the only agency of the Federal 
Government which specifically seeks to inform arriving immi- 
grants concerning the matters refered to. Several of the states, 
however, maintain departments which are intended to pro- 
mote a mutually beneficial distribution of immigrants and, 
in some instances, their colonization on the land. There are 
also a good many private agencies in various parts of the country 
which exist for the same purpose, but ... such state and private 
agencies are in no sense under the direction or control of the 
Federal Government except in cases where their operations 
are carried on at immigration stations. " 

Uruguay. 

The employment agencies of L'ruguay are available on 
equal terms to nationals and immigrants. 

The Decree of 2 March 1912 lays down that anyone who 
desires to emply alien workers must make a written appli- 
cation to the management of the immigrant's hostel at Monte- 
video stating the number and nationality of workers required, 
the nature of the work for which they are intended, the wages 
or share in profits to be granted to them, and the conditions 
and nature of payment. 

— 300 — 



The manager of the immigrant's hostel submits tlic ap- 
pHcation to the Minister of Industry with a report on the sub- 
ject. In the event of a favourable decision the application 
is sent on to the competent Uruguayan Consulate stating 
the shipping company which is to undertake the transport 
of the workers. 



Venezuela. 

The Act of 1918 set up a Central Immigration Office at 
Caracas and a provincial office in all the State capitals. The 
principal function of these offices is to procure for immigrants 
who arrive without a contract an occupation in accordance 
with their qualifications. 



§ 3. The Protection of Immigrants. 

Brazil. 

In order to provide the immigrants of various nationali- 
ties with adequate protection, the Government of the state 
of Sao Paulo allows the nomination of special honorary dele- 
gates whose duty it is to represent each of the nationalities 
established in the settlement centres. These " settement di- 
rectors ", appointed by each nationality, act as advisers who 
aim at rendering the adaptation of the immigrants to their 
work during the first few months as easy as possible. In par- 
ticular they serve as intermediaries between the settlement 
administration or the government and the settlers who wish 
to submit claims. 



Canada. 

By the Act of 1919, the Deputy Minister may issue to agents 
of transportation companies, forwarding and transfer com- 
panies, hotel and boarding houses, a license as immigrant 
runners. This license may be cancelled at any time. 

No person is allowed to conduct, solicit or recommend, 
for hire, reward or gain, any immigrant to the owner of a vessel, 
an inn-keeper or boarding-house keeper, or to any other person, 
in connection with the immigrant's journey to his final destina- 
tion in Canada, unless he has a license ; no person may give 
an immigrant any information, or assist him to his destination, 
or book passengers, or undertake the transportation of the 
immigrant's luggage, without a license. 

Immigrant runners must not sell passenger or luggage 
tickets to, or buy them from immigrants at rates other than 

— 301 — 



those charged by the transport companies ; they are not per- 
mitted to go on board any vessels until all passengers have 
been landed, or to go into any immigrant station, unless autho- 
rised to do so by the officer in charge. 

Every inn-keeper or boarding-house keeper who receives 
an immigrant into his house within three months after arrival 
must keep a list of prices charged for board and lodging, and 
for separate meals, posted in a conspicuous place and also 
printed on his business cards. Inn-keepers and boarding-house 
keepers have no lien on the effects of an immigrant for any 
amount claimed for board and lodging exceeding five dollars. 

Under pain of a fine of $5 to $25, the innkeeper may not 
detain the effects of an immigrant who offers him a sum of $5, or 
such less sum as is actually due for his board or lodging. 



Denmark. 

The provisions of the Act of 1 April 1912 concerning the labour 
of foreign workmen are applicable to foreign workers employed 
in the country in manual labour, connected with agricultural 
work, forestry, horticulture, brickmaking, turf pits, sand pits, 
clay or chalk pits, quarries, etc., unless they have resided 
in the country for two years ; these provisions do not apply 
to domestic servants. 

The Minister of the Interior is authorised to extend the 
provisions of the Act to foreign workmen engaged in other forms 
of manual labour. 

Employers must draw up a written contract according 
to a form provided for this purpose by the Minister of the 
Interior within 15 days of the arrival of foreign workmen. 

Within fourteen days of their arrival, the employer must 
provide each of them with a wage book, where the amount 
of wages paid is entered every pay-day. 

When a foreign workman falls ill, the employer has to 
provide immediate medical attention, either by providing 
a doctor and the necessary medicine himself, or by sending 
him to hospital. In all cases where the illness is not due to 
the workman's own negligence or misconduct, an employer 
must reimburse all the medical expenses to the public auto- 
rities, including hospital expenses ; this liability extends 
for a maximum period of six months. 

All employers engaging foreign workmen included under 
the provisions of this Act must insure them with a mutual 
insurance society approved by the Minister of the Interior 
for this purpose, and entitled " Health Insurance for Foreign 
Workmen ". The State adds an annual grant to this fund 
amounting to 50 ore per workman insured, and one-sixth of 
the amount granted by way of relief, to the extent of 1 Kr. 
per workman insured. 

— 302 — 



The contracts made in accordance with § 4 must contain 
provisions as to the conditions under which the contract can 
be cancelled before the date of expiry provided for. They 
must also contain exact information with regard to the rate 
of wages paid (whether by day, or at piece rates), the length 
of the day's work, days of rest and, the conditions regarding 
the payment of the worker's journey in proceeding to and 
leaving the locality where he is employed. 

Employers are prohibited from inserting a clause in the 
contract giving them the right to impose fines in case of bad 
work, or neglect, on the part of the workers. 

When hutments with dormitories are provided by the 
employer for workmen, the proper legal provisions dealing 
with the fitting up of such buildings must be strictly observed. 
The employer is responsible for seeing that the workmen 
keep these hutments in proper order and in a state of cleanli- 
ness, and that they are properly aired every day. 

The Act provides that inspectors shall proceed to the lo- 
cality to verify whether a proper written contract has been 
made between the employer and his workmen, whether the 
workers are provided with proper labour books and whether 
the buildings provided are in proper condition. If any infringe- 
ment of these provisions is noted, the employer is granted a 
short time by the police in which to comply with them. 

In case of disputes between the employer and his work- 
men, the chief of the local police, on being appealed to by either 
party, should attempt to effect a reconciliation between them 
by intervening personally and giving his opinion as to the 
proper interpretation of the terms of the contract. Police 
tribunals are competent to determine the responsibility for the 
non-observance of the provisions of the contract, and to lay 
down the reciprocal duties of the contracting parties ; they 
may order the workers' effects to be restored to them if the 
necessity arises. The judgment rendered may also make the 
employer responsible for refunding the cost of maintenance 
of the workers, and the cost of their expulsion from the coun- 
try, to the public funds involved, if the employer has been 
held responsible for the breach of the contract by his illegal 
action ; these provisions apply when the expulsion of a for- 
eign workman takes place at the request of the police, or 
of the Poor Law authorities. 



France. 

The Foreign Labour Department attached to the Ministry 
of Labour seeks, on the occasion of visits of inspection and 
supervision, to procure improvements in the conditions of 
employment and living of foreign workers. Foreign inunigrants 
who come to France in order to work either in agriculture or in 

— 303 — 



industry are supervised on arrival by the frontier Immigration 
Office, whose duty it is to direct them to their destination. 
Workers in industry are not sent to an employer unless the 
Office has received a signed application indicating in a precise 
manner conditions regarding wages, housing, food, etc., stipu- 
lating expressly that equality of wages for French and foreigh 
workers is provided for and specifying that the foreign workers 
are entitled to benefit by any general increase in wages whatever 
may be the scale indicated on the application. The employers 
undertake, moreover, to submit to the Foreign Labour Depart- 
ment all difficulties which may arise between them and their 
foreign workers. 

The applications are examined, and the wages offered are 
checked with a view to determining whether the impossibility 
of finding French labour for the work is not due to the low 
rate of wages proposed in comparison with the wages which are 
normal and current in the district. When a considerable body 
of workers is proceeding to any particular place the supervising 
officer makes a preliminary enquiry with regard to the housing 
conditions. Supervisor interpreters verify on the spot the 
carrying out of the contracts with regard to wages, housing, 
food, etc., and make sure in particular that the wages are 
the same for all. When the foreign workers receive certain 
advantages in kind (housing, food) the officers make an effort 
to ensure that the remuneration of the foreign worker is equi- 
valent to that of a national. ^ 

The Agricultural Labour Service which is attached to the 
Ministry of Agriculture also deals with the protection of foreign 
immigrants engaged in agricultural work in France. 



Dutch Guiana. 

By a Royal Decree of 3 May 1872, amended on several 
occasions and most recently on 6 August 1920, the Govern- 
ment of Dutch Guiana regulates in great detail the conditions 
in which emigration to that country may be organised and the 
conditions which are granted to immigrants. This Decree is 
applicable to immigrants recruited either by individuals or by 
the colonial administration for agricultural or industrial enter- 
prises, for public works, or for enterprises of public utility. 

In order to supervise the conditions of this immigration, 
agents of the Government are stationed in all ports wherever 
the recruiting is carried on and they have to supervise carefully 
the conclusion of contracts by the immigrants. These contracts 
are sometimes made by the agents themselves and sometimes 
by other persons, but they must in every case have the visa 

^ Bulletin du Ministere du Travail, June 1920, p. 25, and Le Traite 
de Travail franco-italien du 30 septembre 1919, by Piganiol. 

— 304 — 



of an agent. They must be explained and translated to the 
immigrants and must bear their signature or be provided with 
a special mark. 

All contracts must contain, apart from the provisions which 
are laid down by international agreements, indications as to 
the length of the engagement (the working year being counted 
as 300 days), point of departure, place of destination, probable 
length of the journey, the number of hours worked per day 
(which should normally not exceed 8 in agriculture and 10 in 
factories), the exact amount of the wages, and other conditions 
(including the housing, which must be clean and convenient, 
and gratuitous medical assistance). In case repatriation is 
provided for, the contract must fix the date after which the 
immigrant has a right to be repatriated and, if he consents to 
renew, the conditions of the renewal, which should provide for 
repatriation at a later date. 

Similarly, it should be stipulated in the contract that on 
the termination of the latter the immigrant will be free to settle 
on land which may be placed at his disposal by the colonial 
administration. 



India. 

The Governments of countries to which emigration under 
the Indian Emigration xVct is permitted appoint Protectors 
and Inspectors of Immigrants. Annual reports on the working 
of the labour laws and on the treatment of the immigrants 
are submitted by the Protectors. In countries which do not 
belong to the British Empire, His Majesty's Consuls look after 
the interests of the Indian immigrants. 



Dutch Indies. 

An Order of 7 October 1911 lays down that immigrant 
coolies (generally Chinese) are subject to special protective 
regulations unless they have signed a special contract placing 
them under the Order relating to coolies. 

In particular, the employer must keep a special register 
stating what foreign workers he employs, together with the 
dates of the beginning and end of their contract. He must pay 
the agreed wages regularly without being allowed to make 
other deductions than those authorised by the court, and these 
must never exceed one quarter of the wages. When the contract 
expires or is cancelled he must transport the foreign workers 
at his own expense to the place from which they came. He must 
also see that they are provided with medical aid and with 
drugs. Fulfilment of the contract is secured on both sides by 
means of penal provisions. 

— 305 — 

20 



Foreign workers, on the other hand, who are subject to the 
special contracts drawn up under the Order relating to coolies 
are subject to the Regulations of 20 July 1880 and 13 July 
1889. In order to be valid such contracts must be registered by 
the administrative officials of the colony. Their object is to 
bring the Order into effect. In particular, the Order contains 
penal provisions of which the most important are those prevent- 
ing any arbitrary violation of the contract on the part of the 
worker, or his excessive idleness. The Order also mentions 
other coercive measures, in particular restriction on the freedom 
of the worker to leave the undertaking, the right to bring back 
defaulting workers to the undertaking, and the sole right of the 
employer to cancel the contract after consultation with the 
head of the Central Administration. 

New regulations as to the contracts of coolies on the east 
coast of Sumatra were introduced by the Order of 21 June 
1915. 

This Order encourages the freedom of labour, dealt with 
above. The new contracts must state clearly the nature of the 
work, hours of work, usual wages, overtime pay, sums paid in 
advance, the period of the contract, periods and days of rest, 
housing, medical treatment, the return to the place of origin 
at the expiry of the contract, administrative control over the 
execution of the contract, obligation to submit contracts to the 
inspector of labour, etc. 

Penalties on "excessive idleness" and "refusal to work" 
have been abolished, but those known as '"penal sanctions" 
which relate to all violations of the labour contract have been 
retained. On the part of the worker this includes : 

(a) The fact of not starting work at the agreed hour ; 

(b) Desertion ; 

(c) Obstinate refusal to carry out the work required. 

Similarly the provision has been retained which permits 
the staff of the employer to bring back workers to the under- 
taking in the name of public authority, if during the period of 
the contract they have been sentenced in court, have suffered 
imprisonment or after illness, or for other reasons fail to return 
to the undertaking at the required time. 

Section 24 of the new Order relating to Coolies states that, 
as soon as the Governor-General considers that circumstances 
allow, these provisions will be suspended, whether for under- 
takings throughout the district or in a specified area, whether 
for all labour contracts or for such as will later be designated 
by him. By this Section the Governor General is also authorised 
to reduce the maximum period of all contracts or of certain 
classes of them. 

The revision of these provisions is at present under considera- 
tion. A Dutch parliamentary Commission published a report 

— 306 — 



in 1919 on this subject proposing the abolition of tlie penal 
sanctions while retaining punishment and forced return for 
leaving work, though only on the advice of the Iris})ector of 
Labour. 



Paraguay. 

The Director of the Immigration Section (Department of 
Lands and Settlements) has, in accordance with the Act of 
13 June 1920, to assist foreign settlers in making claims for 
non-observance of labour contracts, and to inspect official 
and private settlements in the country. 



United States. 

When it is necessary to detain arrested women and girls 
they must not be incarcerated by immigration officials in jails 
or other similar places unless it is absolutely unavoidable ; 
but if there is not attached to the immigration station or quar- 
ters a room suitable for such purpose, and if such aliens are not 
already being detained in some proper institution, arrangements 
are made for their detention by some philanthropic or other 
similar society, preferably under the control of organisations 
or persons of the same nationality and religion as the detained 
aliens. 

A female employee is designated at each immigration 
station to keep in touch and co-operate with philanthropic 
and similar societies. The society concerned is requested to 
submit weekly reports regarding the condition and behaviour 
of the detained alien. 

Cases of women and girls must be handled in a particularly 
considerate and careful manner, not only while the aliens are 
being detained in the United States but, in the event of depor- 
tation, after they arrive in the country of their birth or at the 
port where they originally embarked for the United States. 
In furtherance of their proper treatment abroad arrangements 
have been made (in addition to those for some time existing 
bv virtue and in pursuance of the White Slave Traflic Inter- 
national Agreement) for advising certain women's organisations 
in Europe to ensure that responsible and charitably disposed 
persons will have knowledge of them and be able to extend 
assistance. 



Venezuela. 

According to the Act of 1918, immigration contracts must be 
based on the following principles :— 

— 307 — 



1. Their period must not exceed one year for domestic 
servants and employees, twt) for artisans, four for agricultural 
workers. 

2. Wages nmst be paid in cash weekly. The contracts must 
state whether board is included in the wages. 

3. Families must be given free housing for at least one year. 

4. If an allotment is placed at the disposal of the immigrant, 
it must be at least 4 hectares in area. 

5. The work in agricultural undertakings must not exceed 
three days a week and four during harvest. 

6. Xo work must be undertaken on other property without 
the consent of the employer. 



308 



APPENDIX. 



List of Acts, Bills, and Regulations consulted. 



Argentina. 

Immigration and Settlement Act of 18 October 1876. 

Order of 4 March 1880 concerning disembarkation of 
immigrants. 

Decree of 17 June 1881 concerning transport facilities 
on river vessels. 

Decree of 30 December 1882. 

Act of 30 June 1910 concerning the defence of the social 
order. 

Decree of 28 October 1913 concerning contagious diseases. 

Regulation of 26 April 1916 for the application of Article 
32 of the Immigration Act. 

Decree of 31 March 1919. 

Decree of 10 August 1921. 

Australia. 

The Immigration Act 1901-1920. 
Pacific Islands Labourers Act 1901-1906. 
Contract Immigrants Act 1905. 

Memorandum respecting requirements of Contract Im- 
migrants Act, 5 June 1909. 

Aliens Registration Act 1920. 

Nationality Act, 1920. 

War Precautions Act Repeal Act, 1920. 



Bolivia. 



Regulation of 18 March 1907 concerning immigration. 
Presidential Decree of 27 October 1921. 



809 — 



Brazil. 



Federal Decree of 9 July 1911 on settlement. 

Regulations of 3 November 1911 concerning the settle- 
ment office. 

Decree of the Government of Sao Paulo, No. 2100 of 
9 July 1913, concerning immigration and settlement. 

Act of 11 January 1921 concerning admission of foreigners. 



Canada. 



The Immigration Aid Societies Act, 1906. 

The Immigration Act, 

Chinese Immigration Acts of 1906, 1908 and 1917. 

The Naturalisation Act, 1919. 

Orders in Council : — 

P.C. 918, 919 and 924 (9 Mav 1910) ; 

P.C. 269 (15 Februarv 1911)'; 

P.C. 371 (19 Februarv 1913) ; 

P.C. 23 and 24 (7 Jaiiuarv 1914) ; 

P.C. 1202, 1203, and 1204 (9 June 1919). 



Chile. 

Regulation of 15 October 1895. 

Decrees of 1898, 1906, 1910, concerning immigration. 

Decree of 1 September 1899, amended in 1903 and 
1908, concerning settlement. 

Decree of 24 June 1905, concerning the immigration 
service. 

Regulation of 25 September 1907 concerning immigration. 

Decree of 14 October 1907 concerning the immigration 
and settlement service. 

Immigration Act of 12 December 1918. 

Colombia. 

Immigration Act of 18 November 19 09. 

Decree of 3 November 1920 concerning immigration 

Belgian Congo. 

Decrees of 21 March 1910 and 19 November 1916 concern- 
ing the regulation of immigration. 
Order of 7 August 1921. 

Costa Rica. 

Immigration Act of 20 Julv 1896. 

Decrees of 22 May 1897 and 10 June 1904. amended 
by those of 21 July 1906 and 20 June 1910. 

— 310 - 



Decrees of 24 November 1905, 15 January 1012, 13 
August 1914, and 28 January 1918. 

Immigration Restriction Act of 1905. 

Cuba. 

Order Xo. 155 of 15 May 1902. 
Immigration Act of 11 July 190G. 
Regulation of 20 August 1910. 
Act of 3 August 1917. 

Denmark. 

Act of 1 April 1912 concerning foreign workers. 

Equador. 

Immigration Decree of 14 September 1889. 
Immigration Bill 1916. 

France. 

Act of 8 August 1893 concerning aliens and the pro- 
tection of national labour. 

Labour Code. 

Decree of 2 April 1917 concerning foreign workers. 

Interministerial Decree of 18 July 1920 establishing 
a permanent immigration commission. 

Decree of 18 November 1920 concerning foreign workers. 

Bill introduced by Mr. Edmond de Warren and others 
concerning the establishment of an Immigration Office 
(Chamber of Deputies, 1921). 

Interministerial Decrees of 5 and 25 August 1919 con- 
cerning the control of immigration. 

Circular of the Minister of Agriculture dated 13 Sep- 
tember 1920 addressed to the Presidents of Departmental 
Offices of Agriculture concerning the operation of the 
Agricultural Labour Service. 

Germany. 

Decrees of 24 February 1920 and of 24 July 1920 con- 
cerning the immigration of workers. 

Order of the President of the Federal Employment 
Office dated 2(5 May 1920 concerning the employment 
of foreign workers. 

Great Britain. 

Aliens Act 1905. 

Aliens Restriction Act, 1914. 

Aliens Restriction Amendment Act, 1919. 

Statutorv Rules and Orders. 1920. 

The Aliens Order, 1920. 

— 311 -- 



Guatemala. 

Immigration Act of 30 April 1909. 

Dutch Guiana. 

Royal Decree of 19 March 1863 concerning the super- 
vision of the importation of labourers into Dutch Guiana. 

Royal Decrees of 1 August 1869, 19 April 1895, and 
of 10 October 1914 concerning the settlement of immigrants. 

Royal Decree of 3 May 1872, to complete and amend 
the Regulations concerning immigration and recruiting 
(revised at later dates, particularly on 6 August 1920). 

Regulations of 21 August 1878 concerning the institu- 
tion of an Immigration Fund. 

Order of 11 December 1914., amended in 1916, concern- 
ing the grant of portions of State land intended for small 
holdings and for the encouragement of immigration of 
settlers. 

Honduras.. 

Immigration Act of 8 February 1906. 

India. 

Foreigners' Act, 1864. 
European Vagrancy Act, 1874. 

Netherland Indies. 

Regulation of 13 July 1880 concerning the reciprocal 
rights and duties of employers and immigrant labourers 
on the west coast of Sumatra. 

Orders of 20 July 1880 and 13 July 1889 concerning 
foreign contract labour. 

Order of 7 October 1911 on immigrant workers. 

Orders of 3 October 1911 and 5 October 1914 concern- 
ing coolies on the land and in the mines. 

Order of 20 June 1915 concerning coolies on the east 
cost of Sumatra. 

Italy. 

Decree of 17 November 1918 concerning employment 
offices. 

Mexico. 

Immigration Act of 22 December 1908. 
Decree of 25 February 1909 concerning admission of 
foreign workers. 

— 312 — 



Decree of August 1017 coiiceruiiig the validity ol' the 
identification card given to emigrants by the Spanisli 
authorities. 

Presidential Decree of 27 January 1921 concerning 
settlement. 

Instructions to consular agents of 18 May 1921. 

Newfoundland. 

Immigration Act of 10 May 1906. 

New Zealand. 

The Immigration Restriction Act 1908-1910. 
Registration of Aliens Act, 1917. 
Undesirable Immigrants Exclusion Act, 1919. 
Immigration Restriction Amendment Act, 1920. 

Palestine. 

Ordinance of the High Commissioner concerning immi- 
gration, 1920. 

Panama. 

Act of 24 March 1913 concerning immigration of Chinese, 
Turks, Syrians and North Africans of Turkish race. 

Regulation of 31 ]May 1913 for the application of the 
Act of 24 March 1913.' 

Immigration Act of 19 December 1914. 

Decrees of 1 March 1916 and 2 June 1917 concerning 
immigration and naturalisation of foreigners. 

Paraguay. 

Immigration Act of 9 October 1903. 

Settlement Act of 25 June 1904. 

Act of 13 June 1920 concerning immigration. 

Peru. 

Decree of 16 August 1906 concerning the transport of 
immigrants. 

Decree of 14 Mav 1909. 

Act of 31 December 1909. 

Act of 22 September 1920 concerning admission and 
expulsion of foreigners. 

Salvador. 

Law of 6 October 1913 for the protection of social interests. 
Decree of 5 October 1914 concerning immigration. 

— 313 — 



South Africa. 

The Immigrants Regulation Act, 1913. 

Switzerland. 

Federal Constitution of 29 May 1874. 
Federal Decree of 29 November 1921 concerning the 
admission of foreigners. 

United States. 

Treaty between the United States and China concerning 
immigration of 5 October 1881. 

Act of 6 May 1882, amended 5 July 1884, providing for 
the enforcement of the Exclusion Treaty with China. 

Act of 3 August 1882 establishing the Immigrant Fund. 

Act of 26 February 1885 prohibiting immigration of 
labourers under contract. 

Act of 13 September 1 888 prohibiting the going of Chinese 
labourers to the United States. 

Act of 19 October 1888 authorising payment to informer 
in cases of violation of Contract Labour Law. 

Act of 3 March 1891 establishing the office of Super- 
intendent of Immigration. 

Act of 5 May 1892 prohibiting the going of Chinese 
persons into the United States and providing for regis- 
tration of resident labourers. 

Act of 15 February 1893 authorising the President to 
suspend immigration from countries in which cholera or 
other infectious or contagious diseases exist. 

Act of 3 March 1893 requiring steamship or transporta- 
tion companies to post copies of Immigration Law in foreign 
countries. 

Act of 3 November 1893 amending law prohibiting the 
going of Chinese persons into the United States and providing 
for the registration of resident labourers. 

Act of 18 August 1894 authorising appointment of 
Commissioners of Immigration. 

Act of 2 March 1895 changing title of Superintendent 
of Immigration to Commissioner General of Immigration. 

Joint Resolution of 5 July 1898 prohibiting the immi- 
gration of aliens into Hawaii or their entry into the United 
States from Hawaii. 

Act of 30 April 1900 fixing status of labourers within 
Hawaii and providing for their registration. 

Act of 6 June 1900 providing for the Commissioner 
General of Immigration to administer the Aliens Exclusion 
Law. 

Act of 29 April 1902, amended 27 April 1904, regulating 
the going of Chinese persons from Insular Possessions, etc. 

— 314 — 



Exccuti\c Order of the Governor of the Phihppine 
Islands of 23 December 190 J; concerning the departure of 
Chinese residents of the Phihppine Islands to other parts 
or possessions of the United States. 

Act of 3 February 1905 authorising refund of head tax. 

Act of 6 February 1905 charging the officers of the General 
Government of the Philippine Islands with the administra- 
tion of the immigration laws of the United States therein. 
Act of 2 March 1907 concerning passports, expatriation, 
repatriation and citizenship of married women and children. 

Sundry Civil Appropriation Act of 4 March 1909 repealing 
law establishing the Immigrant Fund. 

Act of 25 June 1910 concerning the White Slave Traffic. 

Act of 24 August 1912 providing for the reimbursement 
of charges for maintenance or return of excluded aliens. 

Act of 4 March 1913 creating the Department of Labour. 

Act of 23 June 1913 providing for sending of deported 
aliens to offices designated by the Secretary of Labour. 

Immigration Act of 5 February 1917. 

Immigration Rules of 1 May 1917. 

Rules governing the admission of Chinese of 1 May 1917. 

Executive Order of 26 July 1917 concerning passports. 

Proclamation of 8 August 1918 concerning passports and 
Executive Order of 8 August 1918 containing Rules and 
Regulations on same subject. 

Act of 16 October 1918, amended 5 June 1920, concerning 
the immigration of members of the anarchist and similar 
classes. 

Joint Resolution of 19 October 1918 concerning the 
re-admission of certain aliens. 

Orders of Department of Labour of 9 July 1919, 1 March 
1921 and 14 March 1921 concerning the admission of Mexi- 
can labourers. 

Act of 10 May 1920 concerning the deportation of certain 
undesirable aliens. 

Act of 5 June 1920 to amend the Act of 5 February 1917. 

Document entitled Naturalisation Laws and Regulations, 
24 September 1920. 

Act of 26 December 1920 concerning the treatment in 
hospital of alien seamen. 

Act of 19 May 1921 to limit the immigration of aliens 
into the United States. 

Regulations of 1 June 1921 for the enforcement of the 
Act of 19 May 1921. 

Uruguay. 

Settlement Act of 4 April 1889. 
Immigration Act of 12 June 1890. 
Immigration Act of 1907. 

— 315 — 



Decree of 7 July 1911 concerning the advance by the 
State of money for the passages of immigrants. 

Decree of 2 March 1912 concerning the demand for 
foreign labour. 

Decree of 11 October 1912 concerning immigration 
offices. 

Decree of 22 February 1913 concerning the repayment 
of money advanced by the State for the passages of immi- 
grants. 

Decree of 9 August 1913 setting up a settlement commit- 
tee. 

Decree of 19 December 1914 concerning land intended 
for settlement purposes. 

Decree of 6 January 1915 concerning settlement. 

Decree of 18 January 1915 concerning immigration. 

Regulations of 18 February 1915 concerning immigration. 

Venezuela. 

Immigration Act of 26 August 1894. 
Immigration Act of 26 June 1918. 



— 316 — 



PART III, 



INTERNATIONAL AGREEMENTS 

CONCERNING 

EMIGRATION 

AND 

IMMIGRATION. 



INTRODUCTORY REMARKS, 



The regulation of emigration and immigration is mainly 
carried out by the national laws which are analysed in Parts I 
and II of this work. 

Each country of emigration can by means of its legislation 
impose certain rules on its own nationals so long as they remain 
under its authority, and each country of immigration can subject 
foreigners to certain legal obligations as soon as they arrive 
on its territory. But this authority is necessarily limited and 
in each case stops at the frontier of the country concerned. 
As a result of this limitation and of the essentially international 
character of emigration, legislation by itself is inadequate. 

A considerable number of Governments desirous of follow- 
ing emigration in all its phases, whether on the departure of 
the emigrant or during the journey or w^hen the emigrants are 
at their destination, feel the need for completing their legis- 
lative action by diplomatic agreements. For that purpose it 
is necessary to have recourse to treaties with foreign powers 
which are willing to admit, either on a basis of reciprocity, or 
otherwise, an extension of national action. There are a great 
many of these cases, and hundreds of such treaties have in 
point of fact been concluded. Any examination, therefore, of 
the regulation of migration must necessarily be completed by 
a study of treaties. 

Part III of the present volume deals with this branch of the 
subject. 



Treaties are even more difficult to analyse than laws, and 
it would be presumptuous to hope to present a complete and 
perfect analysis at the first attempt. The question is in fact 
particularly vast and complex. 

It should be noted that treaties concerning emigration often 
cover a much wider field than legislation on the same subject, 
for instead of dealing with emigrants only during the compar- 
atively short period during which they are on the territory 
of the country of emigration, they are frequently applicable 
to emigrants during the journey and during the time they stay 

— 319 — 



abroad. Thus many countries" try to improve and to regulate 
conditions of life and labour for their nationals in other countries 
by means of diplomatic agreements. 

On the other hand, as all treaties aim at regulating the 
relations between the Governments and the citizens of two or 
more countries, it may be said that there are very few diplomatic 
agreements which do not exercise a certain influence either on 
the phenomenon of emigration itself or on the treatment of 
foreigners. 

To be absolutely complete, a study of this kind should there- 
fore go back to a fairly distant past and include a review of the 
relations of something like one hundred sovereign and non- 
sovereign States. 

It has been necessary under these conditions to restrict 
this study to the most important and most precise treaties and 
it has only been possible to include characteristic examples 
dealing with customary and general questions, although it is 
recognised that any such limitation must necessarily be more 
or less arbitrary. 

Nevertheless, this part of the book, in which it has been 
impossible as in the other parts to do more than analyse the 
different provisions without reproducing the actual texts, 
already contains a reference to over a hundred treaties and 
. agreements. It is put forward as a first attempt, and the Inter- 
national Labour Office would be obliged if the readers of the 
book would be good enough to inform it of any corrections or 
additions which would make the volume better and more 
complete. 



The international agreements have been divided into two 
series : 

(1) General treaties, i.e. those applicable to the whole 
problem of emigration. 

(2) International conventions the scope of which is confined 
to a particular matter. 

In the first series will be found, after a brief historical note, 
an analysis of the principal bilateral treaties concerning emi- 
gration and recruiting. The innumerable peace treaties previous 
to that of Versailles, several of which deal with questions of 
emigration, have been left aside. On the other hand, the treaties 
which brought to an end the war of 1914 to 1918 are mentioned, 
not only because they include a large number of provisions 
relating to emigration, but also and above all because they lay 
down in the chapters referring to the League of Nations and 
the Permanent Labour Organisation new methods and new 
objects to be pursued with regard to the protection of emigrants. 

A brief analysis is also given of various provisions of interest 
to emigrants, which are found scattered in agreements of a 
different kind, such as Treaties of Commerce and those concern- 

— 320 — 



i 



ing the residence of foreigners. These tend more and more 
to include clauses relating to emigration. 

A final paragraph refers to some of the powers granted by- 
legislators to their Governments to draft treaties or to engage 
in negotiations on the question of emigration. 

In the second series special treaties, which usually refer 
to one particular aspect of social legislation, are studied. These 
treaties may be of two different kinds, bilateral conventions 
and treaties or general conventions. 

The former, which have hitherto been by far the most numer- 
ous, are concluded between two particular countries ^ and they 
aim at the regulation of certain special matters. They extend 
the action of national legislation on a particular point to foreign 
territory, based generally on reciprocity, and their object as a 
rule is to ensure equality of treatment of national and foreign 
workers and the application to the latter of labour legislation, 
or else to procure fair treatment for all migrants of the contract- 
ing countries, whether workers or not. 

It will be seen that bilateral treaties relating to labour legis- 
lation have been particularly numerous on the question of 
insurance, either insurance in general or a particular form of 
it, such as insurance against accidents, or against old age, or 
against unemployment. Among the bilateral treaties dealing 
with the situation of immigrants of all classes, reference is made 
to those relating to the transfer of savings, to relief measures, 
to repatriation, to the protection of minors and the infirm, 
to the right of association, to the naturalisation of foreigners, 
to police measures and passports. 

At the end of the book an examination is made of treaties, 
conventions and draft conventions which may be classified 
as follows : — 

Those dating from before the war which were generally 
concluded as a result of action taken by international asso- 
ciations for social reform and which deal with such matters as 
the regulation of the conditions of labour, of measures of relief, 
the traffic in women and children ; and, on the other hand, the 
more recent international conventions either concluded or in 
process of being concluded under the auspices of the League 
of Nations and the Permanent Labour Organisation. 

An idea is thus given of the vast scope of international con- 
ventions which regulate the situation of emigrants, a subject 
which it would be impossible to exhaust in the present 
volume. 



1 A certain number of these bilateral treaties permit a third country 
to adhere to them. 



— 321 — 

21 



CHAPTER I. 



GENERAL TREATIES. 



A. Historical Review. 



Precedents for an international agreement on emigration, 
which were reported to the International Emigration Com- 
mission, go back to the year 1783. 

A Treaty of Friendship and Commerce was concluded on 
3 April 1783 between Sweden and the United States of Ame- 
rica ; Article 6 deals with the question of emigration, stipulating 
that the provisions of that Article shall not prejudice in any 
way measures which Sweden may have enacted or may enact in 
regard to it. On the other hand the United States or one of 
the Federal States remained free to legislate on the subject. 
The clause in question was extended to include Norway by 
Article 18 of the Treaty of Commerce and Navigation concluded 
on 4- July 1827 by the same two signatory States. 

Since' the Treaties of Paris (1814) and of Vienna (1815) 
the slave trade has been prohibited by various international 
agreements, and an international system for preventing it was 
organised, which continued to be developed until the Treaty 
of London of 1841 admitted the right to visit ships. 

After the abolition of slavery, France was obliged to con- 
sider the problem of the recruiting of workers for her colonies 
in Martinique ; she had recourse first to the immigration of 
Indians, who were engaged for a period of five years, and later 
to immigrants of African race. The latter method was consi- 
dered by the abolitionists to be merely a disguised form of the 
slave trade. They protested, with the*^ result that a Convention 
was concluded between Great Britain and France on 1 July 
1861. The object of this Convention was two-fold : to put an 
end to the recruiting of immigrants on the African coast and to 
regulate the conditions of immigration of Indian coolies in 

— 323 — 



French colonies. On 1 July 1921 the British Government 
denounced the Convention. 

Shortly before this, the Treaty of 24 October 1860, between 
China and Great Britain, had regulated the emigration of 
Chinese coohes. By this treaty the Emperor of Chma undertook 
to compel all provincial governors to proclaim that any Chinaman 
who wished to enter into employment in a British colony was 
free to conclude contracts for this purpose, and consequently 
had the right to embark on any British ship in any port what- 
soever. By mutual agreement, such regulations were to be 
introduced 'in each port as were considered suitable for the pro- 
tection of Chinese emigrants. 

In 1868 the Burlingame Treaty was concluded between the 
United States and China in order to regulate the position of 
Chinese immigrants in the North-American Pacific States. This 
treaty recognised the right of nationals of each of the contract- 
ing parties to emigrate to the territory of the other, but any 
form of emigration which was not purely voluntary in character 
was prohibited. 

In 1869 negotiations were begun between the North German 
Confederation and the United States with a view to protecting 
German emigrants going to America. Reasons of humanity and 
general utility led the President of the United States to express 
a desire to extend the agreement to other countries of emigra- 
tion. Negotiations were suspended later as difficulties arose 
between Germany and the United States in regard to inter- 
national tribunal's, (i.e. emigrants' courts, Article XXIII of 
the scheme) and also because France objected to the proposed 
agreement. 

A Convention was concluded on 20 September 1870 between 
Austria-Hungary and the United States concerning the emigra- 
tion of their nationals. In the same year the Governments of the 
Netherlands and of Great Britain signed an agreement regulating 
the emigration of workers from the British Indies to Dutch 
Guiana. On 17 March 1917 this agreement was denounced by 
the British Government. 

In 1874 Germany reopened the negotiations with a view to 
a treaty between European countries and the United States 
for the regulation of the conditions of transport by sea for all 
emigrants. Various difficulties arose which caused the initiative 
taken to fail. 

In 1877 a Treaty was concluded between China and Spain, 
by which the Chinese Government undertook not to place 
any impediment in the way of the free and voluntary emigra- 
tion of Chinese subjects to Cuba. 

In 1880 a Treaty was concluded between China and the 
United States. The latter remained free to regulate, restrict or 
suspend the immigration of Chinese workers into the territory 
of the United States, but could not prohibit such immigration 
entirely. 

— 324 — 



Four years later, in 1884, the Government of the Netherlands, 
with the support of the Italian Government, suggested that 
a Convention should be concluded between countries of trans- 
oceanic emigration and proposed that an international confer- 
ence on emigration should be convened. Belgium, France, 
Sweden, Norway, and Denmark supported this proposal, 
but in spite of all the efforts of the proposers no practical result 
was attained. 

In 1888 a third agreement was signed between China and the 
United States concerning the exclusion of Chinese labourers 
from immigration to the United States for a period of 20 years. 

Later, China reopened negotiations with the Washington 
Government with a view to the signature of a new Treaty, 
which was concluded on 3 December 1894 and denounced by 
the Chinese Empire ten years later. 

On 8 December 1892 France and the Republic of Liberia 
concluded an agreement for the delimitation of African frontiers. 
Article 4 of the Convention provides that Liberia shall facilitate 
on the coast as in the past the free recruiting of workers by the 
French Government or its nationals, subject to reciprocity of 
treatment on the French section of the Ivory Coast. 

In 1897 Portugal signed an agreement with Spain, according 
to which the authorities of each of these two countries were 
not to allow subjects of the other country to leave their terri- 
tory unless the persons concerned were in possession of a certi- 
ficate establishing the nihil obstat of the respective consuls. 

A series of Treaties of Friendship, Commerce and Navigation 
were concluded on the following dates and between the following 
countries : — 

5 January 1889 between Italy and the Dominican Republic; 

16 April 1890 between Italy and Mexico ; 

18 October 1890 between Italy and Bolivia ; 

22 August 1893 between Italy and Paraguay ; 

29 December 1903 between Italy and Cuba ; 

13 November 1905 between Italy and Guatemala. 

All these treaties deal with the recruiting in Italy of workers for 
the other contracting countries, for persons to whom they have 
granted concessions, or for persons or companies belonging to 
these countries. It is provided that in such cases general super- 
vision shall be exercised in order to secure that contracts shall 
be equitable and strictly observed, that conditions of transport, 
disembarkation and settlement of the aforesaid emigrants 
shall be in keeping with the requirements of humanity, hygiene 
and security, that all infringement of the provisions shall be 
severely punished and that emigrants shall receive the protec- 
tion necessary to prevent exploitation and fraud. 

In 1904 "the Chinese Empire signed an agreement with 
Great Britain regulating the recruiting of coolies for work in 
British colonies and protectorates. 

— 325 — 



A Franco-British Convention of 1906 dealt with the question 
of recruiting in the New Hebrides. 

The emigration of Japanese to the United States is regulated 
by an agreement (Gentlemen's Agreement) concluded in 1907, 
which specifies the cases in which the Japanese Government 
shall voluntarily grant passports to emigrants going to the 
United States. 

In regard to Japanese emigration to Canada notes were 
exchanged on 23 December 1907 between Great Britain and 
Japan. On the other hand there is an unpublished Agreement 
of 1908 between Japan and Canada (also known as the 
"Gentlemen'sAgreemenfor the "Lemieux Agreement"), under 
which Japan voluntarily restricts the movement of Japanese 
to Canada to a comparatively small number. 

On 1 April 1909 an Convention was concluded between 
Portugal and the Transvaal concerning the engagement of 
native workers in the Portuguese province of Mozambique. 

A Protocol was signed between Peru and China on 28 August 
1909 in order to clear away the difficulties which had arisen as a 
result of the Peruvian Decree of May 1909, which suspended the 
immigration of Chinese subjects to Peru. 

On 3 April 1911 a Treaty of Commerce and Navigation 
was signed by Great Britain and Japan, which deals with the 
admission of subjects of either of the Contracting Powers to the 
territory of the other. 

On 4 May 1914 a sanitary Convention was Concluded between 
Italy and Uruguay. This convention states that the two govern- 
ments will adopt uniform rules concerning sanitary measures 
on board emigrant ships. 

On 22 Ma}?^ 1914 Spain and the Republic of Liberia signed a 
Convention regulating the recruiting of agricultural workers in 
the Republic for employment in the Spanish colony of Fernando 
Po. 

During the war a number of international conventions were 
concluded with reference to the recruiting of civilian workers 
in neutral or allied countries. In France an interministerial 
committee for labour treaties was set up in 1917 to draft con- 
ventions. 

The Peace Treaties concluded after the war of 1914-1918 
also deal will emigration questions. 



The conclusion within recent years of several agreements 
of this kind between countries of emigration and countries 
which require foreign labour concerning the emigration, the 
recruiting and the protection of workers abroad constitutes 
a new phenomenon in the sphere of international labour leg- 
islation. The very great importance of this phenomenon in 
regard to the respective rights of countries of immigration 

— 326 — 



and emigration cannot be denied. Agreements or treaties 
concluded before the war regulated the conditions in which 
foreign workers could benefit by labour legislation, but no 
convention dealt with the conditions of the transport of work- 
ers from the territory of one State to that of another. 

The three principal agreements of this kind are the Franco- 
Polish Convention concerning emigration and immigration 
dated 7 September 1919, the Franco-Italian Convention of 
30 September 1919 , and the Convention of 20 March 1920 
between France and the Czechoslovak Republic. 

" The three documents may be considered as forming one 
whole ; the particular clauses relating to individual emigration 
and the recruiting and the conditions of immigrant workers 
in France are more comprehensive in the conventions with 
Poland and the Czechoslovak Republic than in the Franco- 
Italian Treaty ; but the essential parts of the Treaties are 
almost identical in all three of these diplomatic instruments, 
which are all inspired by the same spirit. 

" These three Conventions will mark an indisputable step 
in advance in regard to the international application of labour 
legislation ; they will promote the harmonious development 
of the various national laws while securing for workers effica- 
cious protection based on mutual respect for the sovereign 
rights of the contracting States. " ^ 

A Treaty of the same kind was concluded between Italy 
and Luxemburg on 11 November 1920. 

Further, reference should be made to the emigration Con- 
vention between Greece and Bulgaria signed at Neuilly sur 
Seine on 27 November 1919 as provided in Article 56, Par. 2 
of the Peace Treaty between the principal Allied and Asso- 
ciated Powers and Bulgaria, and in conformity with the de- 
cision of the said Allied and Associated Powers. 

An agreement was concluded in 1919 between France and 
Austria for the utilisation of Austrian labour. For this 
purpose the French Foreign Labour Department drew up 
an individual contract with regulations analagous to those 
in force for foreign workers in general, providing for and author- 
ising the breaking of contracts on easier conditions, and also 
stipulating for the expulsion of workers from French terri- 
tory under certain conditions. 

It should be noted that the Franco-Portuguese agree- 
ment, according to which the Portuguese Government, subject 
to certain protective regulations, placed at the disposal of 
France Portuguese workers mobihsed for war industries has 
been prolonged by tacit renewal and by verbal agreements. 

A new agreement was signed on 24 June 1921 between 
Poland and Austria, which is chiefly of interest in that it is 

1 Bertrand Nogaro : Les ricentes conventions d'dmigration et d'immi- 
gration. (« Revue Politique et Parlementairen), Paris, 10 October 1920. 

— 327 — 



concerned solely with the recruiting of Polish workers for 
employment in Austrian agriculture. 

The last treaty to be considered here is one between Italy 
and Brazil, signed on 8 October 1921, which regulates Italian 
migration to Brazil, and the treatment of immigrant workers. 
It has not vet been ratified. 

The more important of these general conventions are dis- 
cussed below in slightly more detail. They are arranged in 
chronological order. 

B. Principal General Treaties relating to 
Emigration. 

1. Conventions relating to the Slave Trade. 

The most important treaties relating to emigration which 
were formerly concluded between governments dealt with 
a very special' form of emigration, namely the forced emigration 
of African slaves transported by force from Africa to Ame- 
rica and various other countries. In spite of the very special char- 
acter of this emigration, it seems appropriate to indicate the 
important results which were obtained by agreement between 
the powers. 

The need for an international agreement for the abolition 
of the slave trade was realised at the time of the Treaty of 
Paris of 30 May 1814. In point of fact the slave trade was 
condemned at the Congress of Vienna in 1815. A Declaration 
of 8 February 1815 showed the opinion of the powers on this 
question, but it did not contain either a decision or a precise 
engagement. A new declaration in favour of the aboHtion of 
this trade is to be found in the additional Article to the second 
Treaty of Paris of 20 November 1815. Similar declarations 
were repeated at the Congresses of Aix-la-Chapelle of 1818 
and Verona of 1822. In execution of the above mentioned 
declarations the slave trade was the subject of legislative 
measures and of treaties in different countries. France con- 
cluded with Great Britain the Conventions of 30 November 
1831 and 22 March 1833, in accordance with which a mutual 
right of visit could be exercised at certain places on board 
ships of either country. 

Great Britain also concluded Treaties for the suppression 
of the slave trade by sea with Portugal 1817, Spain 1817, 
the Netherlands 1818, Sweden 1824, Brazil 1826. Numerous 
treaties were also concluded with other States between 1831 
and 1841 and 16 European and 10 American States have by 
means of Conventions admitted the principles laid down in 
the Anglo-French Treaty of 1831. 

On 20 December 1841 a Treaty was signed in London by 
which France, Great Britain, Prussia, Austria and Russia re- 

— 328 — 



cognised a reciprocal right of visit on board ship with a view 
to preventing the slave trade and they agreed to treat it in the 
same way as piracy ; this was a measure which Great Britain 
had already proposed in 1822 at the Congress of Verona. The 
Treaty was not ratified by the French parliament. For those 
States which agreed to it, it is still in force. In 1879 a special 
agreement substituted the " German Empire " for " Prussia'' 
in the text of the Convention. 

By a new Treaty concluded between France and Great 
Britain on 29 May 1845 the verification of the flag was substi- 
tuted for the right of visit. The two powers undertook to pro- 
hibit the slave trade in their colonies. The Treaty of 1845, 
concluded for ten years, was not renewed. In 1859 and 1867 
instructions were given by mutual agreement to the comman- 
ders of cruisers by the French and British Governments. They 
admitted the right of verifying the flag, which consisted in the 
examination of the ships' papers and in taking a ship sus- 
pected of fraud into a port or before the authorities of the 
country whose flag it was flying. 

The United States, which rejected the right of visit and 
the right of verifying the flag, undertook as far as Great Bri- 
tain was concerned, by the Treaty of 9 August 1842, to maintain 
on the coast of Africa a fleet sufficiently large to ensure the 
execution of their own laws against the slave trade. 

On 7 April 1862 Great Britain and the United States ad- 
mitted by treaty a reciprocal right to visit suspected merchant 
ships. 

In 1877 Great Britain signed with Egypt a Convention for 
the suppression of the slave trade; this was renewed in 1895. Con- 
ventions were also signed with Turkey in 1880 and Italy in 
1889. 

With regard to the traffic by land the Act of the Berlin 
Conference of 26 February 1885 concerning African affairs 
contains provisions for the suppression of slavery and particu- 
larly the negro traffic. The signatory powers undertook to use 
all means in their power to put an end to the slave trade and to 
punish those who were carrying it on. In 1888 a blockade was 
established on the coasts of Zanzibar and Mozambique, by 
Germany, Great Britain, the Netherlands and Italy with a recipro- 
cal right of visit. France refused to allow ships flying the French 
flag to be visited by the cruisers of other States ; but it took 
part effectively in the blockade by sending a cruiser to super- 
vise ships sailing under the French flag. 

In May 1889 the Belgian Government approached several 
powers with a view to organising a conference for the final 
abolition of slavery and the slave traffic. This conference met 
at Brussels on 16 "^November 1889 and sat until 2 July 1890. 

The Brussels Conference brought together representatives 
of the States which had participated in the Berlin Conference 
of 26 February 1885 and also those of the Congo Free State. 

— 329 — 



The general Act of this conference contains provisions of various 
kinds regarding measures which each Government should take 
with a view to preventing the slave trade. The treaties for the 
suppression of the slave trade already in existence between 
various powers were maintained, but their application was restric- 
ted to a certain piece of territory fixed by the conference. The 
boundary line of this territory starts from Beluchistan, passes 
along the coasts of the Indian Ocean including the Persian 
Gulf and the Red Sea as far as Cape Tangalane ; from this cape 
an arbitrary line enclosing the island of Madagascar joins the 
coast of Beluchistan, passing at a distance of 23 miles from 
Cape Raz-el-Had. 

An international maritime office was established at Zanzi- 
bar ; the commanders of cruisers visiting ships can obtain there 
all the information they require. The office centralises all docu- 
ments and information which may facilitate the repression of 
the slave trade in the maritime zone. The powers communicate 
documents and information relating to the slave trade and the ex- 
change of these is centralised by an Office established at Brussels ^. 

The ratifications of most of the signatory States were depos- 
ited on 2 July 1891 and those of the United States and of Por- 
tugal on 2 February and 30 March 1892 respectively. France 
deposited only a partial ratification on 2 January 1892. 

Since then there has been rather less diplomatic activity 
concerning the slave trade. 

On 21 November 1895 and 19 June 1899 Treaties were 
concluded between Great Britain and Egypt relating to the 
prohibition of the importation and exportation of slaves into 
and out of the Sudan and there is also a clause in the Treaty 
of Peace, Commerce, and Navigation of 10 August 1905 be- 
tween Colombia and Ecuador forbidding slave traffic. 

Finally, a Decree of the Government of Zanzibar has com- 
pletely forbidden the slave trade since 9 June 1909. 

In recent years the traffic by sea has become much less 
important, thus rendering less indispensable the maintenance 
of close supervision of the sea routes. 

2. Treaties between the United States and China. 

From the outset the immigration of Chinese, which began 
about 1849, was regarded unfavourably in California. They 

1 This Office, which was created in 1892, is called the Office for the 
Suppression of the Slave Trade and is attached to the Belgian Ministry for 
Foreign Affairs. Among other duties it has to centralise documents and 
information concerning the whole trade. The original members of this 
Office are the Governments which signed or adhered to the general Act of 
the Brussels Conference, that is to say, Austria-Hungary, Belgium, the 
Congo, Denmark, France, Germany, Great Britain, Italy, Liberia, the 
Netherlands, Norway, Persia, Portugal, Russia, Spain, Sweden, Turkey, 
United States, Zanzibar. 

— 330 — 



were refused the right to become citizens, and a prolonged 
conflict ensued between the State legislature, which aimed at 
strict regulation of the admission of Chinese, and the federal 
authorities, represented in particular by the President and 
the Supreme Court, which on different occasions had to cancel 
this anti-Chinese legislation. 

The question of Chinese immigration in the United States was 
definitely dealt with for the first time by the Burlingame 
Treaty signed on 28 June 1868. This treaty laid no restriction 
on voluntary immigration, and even made an express declar- 
ation to the effect that both parties fully recognised the essen- 
tial and inalienable right of a man to change his residence and 
nationality, as well as the advantages to be obtained from 
emigration and immigration undertaken for the purpose of 
satisfying curiosity or carrying on trade, or for taking up per- 
manent residence elsewhere, but every other form of immigration 
than that which was purely voluntary was prohibited. On their 
arrival in the States, Chinese subjects were to enjoy all the pri- 
vileges, immunities and exemptions as regards journeys and 
residence which were enjoyed by the citizens and subjects of the 
most favoured nation. They were, however, refused the right 
to naturalisation. 

Public opinion on the Pacific coast of the United States 
w'as not satisfied by this treaty. Agitation was continued, and 
severe laws were again proposed and voted. In order to put 
an end to the movement, the Governments of the United States 
and of China agreed in 1881 on the text of a fresh treaty, which, 
while respecting the privileges and immunities granted under 
the previous treaty, limited immigration in a much more far- 
reaching manner. This treaty, which, according to the text, 
is intended to be observed for ever, includes the following 
Articles : 

" Article 1 : Whenever, in the opinion of the Government 
of the United States, the coming of Chinese laborers to the 
United States, or their residence therein, affects, or threatens 
to affect, the interests of that country, or to endanger the good 
order of the said country or of any locality within the territory 
thereof, the Government of China agrees that the Government 
of the United States may regulate, limit or suspend such coming 
or residence, but may not absolutely prohibit it. The limitation 
or suspension shall be reasonable and shall apply only to Chinese 
Avho may go to the United States as laborers, other classes not 
being included in the limitations. Legislation taken in regard 
to Chinese laborers will be of such a character only as is neces- 
sary to enforce the regulation, limitation or suspension of immi- 
gration, and immigrants shall not be subject to personal mal- 
treatment or abuse. 

" Article 2 : Chinese subjects, whether proceeding to the 
United States as teachers, students, merchants, or from curio- 
sity, together with their body and household servants, and 

— 331 — 



Chinese laborers who are now in the United States, shall be 
allowed to go and come of their own free will and accord, and 
shall be accorded all the rights, privileges, immunities, and 
exemptions which are accorded to citizens and subjects of the 
most favoured nation. 

The United States Congress applied the treaty so severely 
that President Arthur was obliged to veto certain of the res- 
trictive laws voted for the purpose of carrying the treaty into 
effect. In order to settle the differences at issue, fresh diplomatic 
negotiations were opened in 1886, resulting in the signing of a 
new Treaty on 12 March 1888. This treaty provided for the 
exclusion of all Chinese labourers during 20 years, and prohibited 
the re-entry of Chinese labourers who had returned to China 
unless they left in the United States a wife, children, or other 
relative, or property to the value of more than a thousand 
dollars. The treaty was not, however, ratified by China. 
Nevertheless, an Act was passed by the American Congress on 
1 October 1888 prohibiting the admission of Chinese labourers 
for a period of 10 years, and their re-admission after they had 
once departed. 

In 1894, China and the United States re-opened diplomatic 
negotiations, which resulted in the Treaty of 8 December 1894, 
effecting certain relaxations in the regulations established by 
the American Act. The exclusion of Chinese labourers for a 
period of 10 years was maintained and recognised, but the right 
to re-enter the United States was granted to Chinese who had 
temporarily returned to their country, as had previously been 
recognised in the treaty of 1888. This treaty was only valid 
for 10 years, and in 1904 China refused to renew it. In order 
to overcome Chinese opposition. Congress re-enacted, under 
the head of national legislation, all the provisions which had 
been in force until then by virtue of previous laws and treaties. 
Since then no treaty has been made with China, and the Chinese 
are subject to ordinary legislation — with a reservation, however, 
as regards the permanent treaty of 1881, which remains in 
force, and which has sometimes been referred to in recent legis- 
lation, in particular in the American Immigration Act of 1921. 



3, Anglo-Chinese Treaties of 1860 and 1904 on the Emigration 
of Coolies. 

A Convention was concluded on 13 May 1904 between Great 
Britain and China concerning the recruiting of Chinese workers 
for employment in British colonies and protectorates. This 
Convention was concluded in consequence of the stipulations 
concerning the emigration of coolies contained in Article V of 
the Anglo-Chinese Convention of 24 October 1860. According 

— 332 — 



to the 1904 Convention, whenever indentured emigrants are 
required for a British oversea colony or protectorate the British 
diplomatic representative at Pekin must inform the Chinese 
Government of the place of destination of the workers, the port 
of embarkation proposed and the conditions of engagement. 
The Chinese Government will issue instructions to the autho- 
rities of the port specified so that the necessary steps may be 
taken to facilitate emigration. The Taotai of the port must then 
appoint an official, called a Chinese Inspector ; this official, in 
agreement with the British consular officer or his representative 
must publish by means of proclamations or notices in the local 
press the text of the indenture and all necessary details con- 
cerning the country of destination, its legislation and other 
matters of interest to emigrants. The British consul, in agree- 
ment with the Chinese Inspector, makes arrangements for the 
installation of the necessary offices, which are called the Emi- 
gration Agency. Suitable quarters are provided in the Agency 
for the Chinese inspector and his staff. The names of persons 
desirous of emigrating are enrolled in a register which is kept in 
English and Chinese. Persons under 20 years of age are not 
enrolled unless they prove that they have obtained the consent 
of their parents or other lawful guardians or of the competent 
magistrate. After having signed the indenture in the Chinese 
manner the emigrant cannot leave the depot before embarka- 
tion without a permit signed by the Chinese Inspector and coun- 
tersigned by the British consul or his delegate unless he has can- 
celled the contract and his name is taken off the register. 

Before departure every emigrant is examined by a doctor 
appointed by the British consul or his delegate. Embarkation 
must take place in a treaty port and ships intended for the 
transport of emigrants must satisfy the conditions laid down 
in the appendix to the text of the agreement. With a view to 
better protection of emigrants the Chinese Government may 
appoint consuls or vice-consuls in the country of destination. 
The indentures must state definitely the country of destination, 
the duration of the engagement, hours of employment, labour 
conditions, wages and method of payment, particulars con- 
cerning food, clothing, free transport and the conditions, 
if any, of free repatriation to port of departure of the worker 
and his family, free medical attendance and supply of medicines 
and any other privileges to which the emigrant is entitled. A 
copy of the indenture, in English and in Chinese, is given to 
every emigrant. The indenture is not considered final and irre- 
vocable until after the embarkation of the emigrant. In colonies 
or protectorates in which emigrants are employed, officials are 
appointed whose function it is to see that emigrants have free 
access to courts of justice in order to obtain redress for any 
injury which they may have suffered. The convention further 
deals with the repatriation of coolies and prohibition of the 
transfer of indentured workers to third parties. 

— 333 — 



4. Franco-British Convention of 1906 on the New Hebrides. 

The Franco-British Convention, signed on 20 October 1906,, 
in order to put an end to the difficulties resulting from the ab- 
sence of jurisdiction concerning the natives of the New Hebrides 
and to regulate disputes between their respective nationals in 
the said islands, contains provisions regulating the recruiting 
of native workers. A recruiting license issued by the High Com- 
missioner representing the particular signatory power under 
whose flag the recruiting ship is sailing, or by his delegate, is 
required by anyone who intends to recruit natives. In the case 
of professional recruiting agents, the license is not issued until the 
agent has deposited security amounting to £ 80. Recruiting licen- 
ses are valid for one year only. The master of every recruiting ship 
must keep a register of the workers engaged. For the recruiting 
of women the consent of their husbands or the chief of the tribe 
is required. Children cannot be engaged unless they have 
reached a certain minimum height. Engagements cannot be 
contracted for more than a three years' period. They come into 
force on the day the worker lands in the island in which he is 
to be employed, but the time spent on board nevertheless counts 
for wages. 

The regulations establish the formalities to be accomplished 
on board the recruiting ships in case of the death of a recruited 
worker. A recruited native who, on landing, is in such a state 
of health that he is incapable of working must be cared for at 
the expense of the recruiting agent and the period of his stay 
in hospital or of his incapacity for work is included in the period 
of the engagement. The register of engagements kept by masters 
of recruiting vessels must be submitted for inspection and veri- 
fication to the proper authorities. Every engagement of a 
native worker must be reported by the employer to the proper 
authority within three days of disembarkation. On the expiry 
of the engagement the worker cannot enter into a new engage- 
ment without written permit from the Resident Commissioner 
or his delegate. The license is issued only after interrogation 
of the native in the presence of the employer and four witnesses, 
two of whom must be natives, if possible belonging to the same 
tribe as the worker in question, and only if the latter declares 
that he wishes to re-engage ; the duration of this new engage- 
ment must not exceed one year. It is renewable under the same 
conditions. 

Every person who engages immigrant workers must keep 
for every worker in his employment an individual engagement 
book in which is inscribed the name and sex of the engaged 
person, identification marks, the name of his tribe, the place 
and date of recruiting, the name of the recruiting agent, the 
name of the ship, and the duration and conditions of the enga- 
gement. Days off duty, due to illness, are noted in the engage- 
ment book, and also days of absence from work for other reasons. 

^ 334 — 



The duration of absence from work without good reason is 
added to the period of the engagement. The engaged person 
may be retained beyond the period of his engagement for disci- 
phnary punishment to which he has been duly sentenced, but 
the additional period may not exceed two months for every 
year of the engagement. Surrender of engagement contracts 
must be freely accepted by the engaged person and approved 
by the competent authority. The engaging parties are bound 
to treat their workers with kindness and to supply them with 
a sufficient quantity of food in conformity with the customs 
of the country, rice being included at least once a day. Further, 
they are obliged to provide shelter, clothing, and medical atten- 
dance for their employees. 

Workers cannot be compelled to work except between 
sunrise and sunset. An hour's rest must be given for meals 
in the middle of the day. Except for domestic work or the care 
of live stock, workers must not be compelled to work on Sunday. 

Wages are paid exclusively in cash. Payment is made either 
before the competent authority or in the presence of two non- 
native witnesses who sign the worker's book, which must also 
be signed by the employer. Whenever the book does not specify 
a wage agreed at the time of engagement, this wage is reckoned 
at 10 s. per month. At the request of the worker part of the 
wage may be handed over by the employer to the proper autho- 
rity in order to be paid to the worker at some later date. 

At the demand of the employer the Resident Commissioner 
may punish any employee who has given grounds for complaint. 
Punishment may consist in extra work, a fine, extension of the 
duration of the engagement or a summary punishment not 
exceeding one month's imprisonment. 

At the end of their engagement workers must be repatriated. 
They must be taken back to the place where they were recruited, 
or, should this be impossible, to the nearest possible place. In 
case of unjustifiable delay in excess of one month the Commis- 
sioner may take steps for the repatriation of the workers en- 
gaged at the expense of the em.ployer. 

In case of continued bad treatment the Commissioner, after 
warning the employer twice in writing, may cancel the contract 
and may provide for the repatriation of the worker at the 
expense of the employer ; this also applies if the engagement 
is not freely accepted by the worker of if the latter does not 
clearly understand the terms of the contract. 

Repatriated persons are enrolled on a register kept by the 
master of the transporting ship, similar to the engagement 
register. This register is inspected by the authorities. 

The authorities have the right to institute enquiries in 
regard to the recruiting and engagement of native workers. 

Persons M'ho are not natives may employ natives freely, 
subject to the two following conditions — that they must not 
engage them for a period of more than three months, with the 

— 335 — 



option of renewal, and that they must not be transported 
to an island more than 10 miles distant from the island in which 
their tribe Kves ; but they may employ freely natives who 
are known to have worked for at least five years with non-native 
employers, and who are able to make themselves understood 
easily in a European language or in the vernacular used between 
natives and non-natives. 

The regulations provide for penalties for infringement of the 
above conditions. 



5. Convention between Portugal and the Transvaal. 

On 1 April 1909 a Convention was signed between the Por- 
tuguese and the Transvaal Governments, concerning the re- 
cruiting of natives of the Portuguese province of Mozambique 
for mining work in the Transvaal. The Government of the said 
province reserves to itself the right to prohibit the engagement 
or recruiting of workers by a Transvaal employer if it is proved 
by an enquiry instituted by agreement between the represen- 
tatives of the two Governments, that this employer has failed 
seriously or repeatedly to comply with the obligations imposed 
upon him in virtue of the Convention or of regulations in force 
in the province. An umpire is appointed if the representatives 
of the two Governments do not succeed in reaching an agree- 
ment. Licenses for recruiting native workers are issued by the 
Government of the province, and may be cancelled at any 
time. Before leaving the province every worker is giv^en a pass- 
port valid for a year, for which the employer has to pay to the 
Government of the province a fee of 13 s. Workers cannot be 
engaged in the first instance for a period exceeding one year, 
but afterwards they may be re-engaged for one or more further 
periods not exceeding two years without a special permit from 
the Portuguese Curator specified in the Convention. Workers 
who, on the expiry of their engagement, do not return to Mozam- 
bique territory and have not obtained a special permit from 
the Curator, are considered to be clandestine immigrants. The 
Transvaal Government guarantees that natives will be dis- 
charged when their contract expires and that no pressure will 
be brought to bear on them to induce them to renew their 
contracts. A Portuguese official is appointed to undertake the 
duties of Curator for Portuguese natives in the Transvaal. The 
rights and obligations of this official are specified in the Con- 
vention. He alone acts as consul in regard to natives. The 
Convention further deals with reductions in railway fares for the 
benefit of natives engaged, customs regulations in regard to 
merchandise and luggage of the workers in question, exemption 
from taxes levied on natives in the Transvaal in favour of Por- 
tuguese in possession of a Portuguese passport lawfully issued, 

— 336 — 



and with the issue of passports to Portuguese natives in the 
Transvaal without passports, to those who desire to go to 
another colony or to territory other than the province of Mozam- 
bique, or to clandestine immigrants in possession of a Portu- 
guese passport who are seeking employment other than in the 
mines, or to natives who desire to work for an employer but 
who have not concluded a regular contract before going to the 
Transvaal, or who desire to enter into a contract with another 
employer. The Transvaal Government binds itself to assist 
this official in the manner indicated in the Convention. Money 
belonging to Portuguese natives who die in the Transvaal is 
handed to this official. He is also supplied with full information 
concerning compensation for labour accidents, in order that 
he may pay the amount of this compensation to the persons 
entitled to receive it. 



6, Hispano-Liberian Convention. 

A Convention concluded on 22 May 1914 between Spain 
and the Republic of Liberia, and ratified by these two States 
on 2 May 1915, regulates the recruiting of agricultural workers 
in the Republic, with a view to their employment in the Spanish 
colony of Fernando Po. In agreement with Spain the Republic 
establishes a consulate at Fernando Po ; further it appoints 
" labour agents " in ports suitable for the embarkation of agri- 
cultural workers. The Spanish Governor-General is, in return, 
authorised to appoint recruiting agents in Liberia and to estab- 
lish a recruiting agency there. The aforesaid authorities are 
charged with the inspection of labour contracts (Articles 5,9 
et seq. defining conditions of collaboration of these authorities). 
The contracts last not more than two years nor less than one, 
and the Fernando Po authorities are obliged to see that no 
contract labourer stays in the colony beyond the period agreed. 
Labourers may not be recruited without the permission of the 
Spanish and Liberian authorities. The distribution of labourers 
among the various employers is effected by the Curator, who 
is appointed by the Spanish Government ; contracts must 
be concluded in the presence of the Liberian consul and must 
reproduce the relevant regulations in force in the colony. The 
Government of the Spanish possessions in the Gulf of Guinea 
guarantees payment in full of the wages of these agricultural 
labourers. The labourer receives half his wage monthly ; the 
other half is handed over at the end of the contract to the cap- 
tain of the ship which transports the labourer and is paid to 
the latter on his arrival in Monrovia in the presence of the labour 
agent. The Liberian consul in his capacity of representative of 
the agricultural labourers may go to the Curator's office in Fer- 
nando Po, to lodge complaints which he considers justified 

— 337 — 



in the interests of his compatriots and to appeal to the Go- 
vernor-General against decisions of the Curator. Subject to 
permission obtained in advance from the proprietors, he may 
also visit the Fernando Po plantation in order to obtain infor- 
mation as to the labour conditions of agricultural labourers 
of Liberian origin. 



7. The Franco-Polish Convention of 1919. 

On 7 September 1919 a Convention between France and 
Poland was signed at Warsaw regulating emigration and im- 
migration " in a spirit of friendliness and harmony " and guar- 
anteeing to nationals of both countries reciprocity of treat- 
ment in regard to labour legislation. The objects of the Con- 
vention are (1) to guarantee all administrative facilities to 
nationals of each of the two countries before their emigration 
to the other country and in regard to their repatriation ;(2) 
to authorise the recruiting of bodies of workers in one of the 
two countries for the benefit of undertakings situated in the 
other country. 

The essential principles laid down by the Convention are 
the following : — 

(1) Explicit provision for complete equality of treatment 
for immigrant workers and nationals in regard to conditions 
of labour, wages, protection, accidents, etc. 

(2) Freedom of immigration and emigration from one country 
to the other subject to justifiable restrictions due to the con- 
ditions of the labour market or to sanitary laws. 

(3) Annual determination of the number and category 
of workers who may be recruited collectively ; institution 
for this purpose of a commission meeting alternately at Paris 
and at Warsaw at least once a year to which each of the two 
Governments must submit the opinions of a consultative com- 
mittee comprising delegates of the departments concerned 
and representatives of employers and workers. 

(4) Recruiting of bodies of workers to be effected exclusively 
through the public employment exchanges with the addition 
of an official commission or of representatives of employers 
charged with the conduct of the medical examination or the 
examination of w^orkers as to their capacity before their de- 
parture. 

(5) The placing of workers M'ho have a contract of employ- 
ment to be subject to the proviso that this contract shall be 
in conformity with the principles established by the Con- 
vention . 

— 338 — 



The Convention deals in the first place with questions 
of Avages ; " Immigrant workers shall receive, for equal work, 
remuneration equal to that of nationals of the country in the 
same occupation who are employed in the same undertaking 
on similar work, and based on the customary rate of wages 
current in the district. " (Article 2.) 

In addition to equality of wages the Franco-Polish Con- 
vention and the other conventions referred to below attempt 
to enforce as far as possible the wider principle of the 
equality of treatment of foreign and national workers. Article 3 
of the Convention provides that immigrant workers " shall 
enjoy the protection accorded to workers by the national 
legislation of the high contracting parties and the protection 
which may be guaranteed to them by the contracting parties 
in virtue of special conventions concluded either between them 
or with other powers. " Thus the French Government, taking 
advantage of the powers accorded by the Act of 9 April 1898 
(Art. Ill, last paragraph) has abrogated the restrictive clauses 
of laws concerning industrial accidents in favour of Polish 
workers as had already been done as a result of special conven- 
tions in favour of Belgian, Italian, British and Luxemburg 
workers. 

The necessary arrangements for the pa^mient of annuities 
and pensions in Poland and in France are to be made by means 
of an agreement between the French and Polish administrative 
departments concerned. 

Article 4 of the Convention contains further a " most fav- 
oured nation " clause ; if, subsequent to the coming into 
force of the Convention, conventions concluded between one 
of the two contracting parties and another power grant to 
workers of the latter greater advantages than those provided 
in the Franco-Polish Convention the same benefits must be 
granted to nationals of one or other of the contracting parties 
employed in the other country. 

In virtue of this clause the greater benefits granted to Italian 
workers working in France by the Franco-Italian treaty of 30 
September 1919 are applicable to Polish immigrants also. 

The convention provides that the competent administra- 
tive departement in each of the two coutries shall supervise 
the protection of workers and the application both of labour 
legislation and of the regulations mentioned in the agreement 
in regard to workers of the other country employed in the 
national territory. All complaints formulated by foreign 
workers concerning the labour or living conditions imposed 
by their employers or concerning difficulties of any kind which 
they may experience owing to the fact of their living in a foreign 
country shall be addressed or transmitted to this department 
either directly or indirectly through the medium of the proper 

1 Nogaro, op. cit. 

— 339 — 



consular authorities ; these complaints may be submitted 
in the native language of the workers concerned. These pro- 
visions shall not restrict in any way the functions of consuls 
as fixed already or as may be fixed in the future by treaties, 
conventions and laws of the country in which they are 
resident. 

In regard to individual emigration the Convention pro- 
vides that except in cases in which the situation of the labour 
market would make it impossible to procure employment 
for emigrants no special permit shall be required on leaving 
the country of origin for workers who are going from one 
country to another in order to find employment either for 
themselves or their families. Reciprocally no permit shall 
be required on leaving the country of residence when the emi- 
grant returns to his country of origin. In order to benefit 
by this privilege workers must be provided with certificates 
of identity issued by the national authorities. On arrival 
these workers shall be accepted by the authorities of the coun- 
try of destination, who shall allow them to enter the coun- 
try freely, subject only to sanitary or police regulations or 
other provisions contained in the Convention. If these workers 
on arrival at the frontier do not produce a contract of employ- 
ment, or if this contract contains provisions contrary to the 
Convention, they shall be sent to any destination they may 
choose if they have the means to go there. Otherwise they 
shall be taken to one of the free lodging houses or directly 
to a free employment office near the frontier. 

An interesting provision in the Convention aims at regu- 
lating the volume of emigration according to the state of the 
labour market. " If the condition of the labour market at 
certain times, in certain areas, and in certain trades, renders 
it impossible to find employment for immigrants who come 
separately and on their own initiative to seek work, the Govern- 
ment concerned shall at once warn the other Government 
through diplomatic channels, and the latter Government shall, 
in turn, inform its nationals. If this notification fails to 
produce the desired result, the contracting parties shall by 
agreement adopt other effective measures." (Article 10). 

In regard to the recruiting of bodies of workers the two 
contracting parties pledge themselves to authorise such recruit- 
ing in their territories for the benefit of enterprises situated 
in the other country, but each Government reserves to itself 
the right to determine the districts in its territory in which 
recruiting is to be authorised or those to which the workers 
may be sent. The number and category of workers to be recruited 
shall be determined by mutual agreement in such a way as not 
to injure the economic development of one of the countries 
or the workers who are nationals of the other. 

In order to ensure the execution of this Article the Govern- 
ments undertake to appoint a special Commission to which 



— 340 — 



they will submit the views of a National Consultative Com- 
mittee which is to include representatives of employers and 
workers as well as representatives of the Government depart- 
ments concerned. (Article 12.) 

In Poland recruiting is to be effected exclusively through the 
medium of the National Office for Employment and the Protec- 
tion of Emigrants, and in France by the National Employment 
Office. Previous to their departure the workers are to be accep- 
ted and classified or rejected either by an official mission of 
the Government of the country of destination or by the repre- 
sentative of the employer or by the representative of a trade 
organisation : in the last two cases the representative must 
be approved by the two Governments. 

The labour contracts proposed by the employers and the 
applications for workers presented by them shall be in confor- 
mity with model contracts and model applications drafted 
by agreement between the two countries. A copy of the demand 
shall be submitted for the visa of the competent department 
of the country in which the workers are to be employed and 
transmitted by the said department to the corresponding 
department of the country in which the workers are being 
recruited. The visa shall not be given unless the conditions 
of the contract are in conformity with the principles of the 
Convention and proper provision can be made for the housing 
and feeding of the workers and unless the demand for labour 
justifies the recruiting of such foreign labour. 

Special arrangements are to be made determining the con- 
ditions for the application of the Convention in regard to the 
recruiting of bodies of workers, medical examination, etc., on 
departure, and transport. Regulations are to be issued to deter- 
mine conditions of transfer to savings banks in the country of 
origin of the savings deposited by workers in savings banks 
in the other country concerned. 

The Convention is valid for one year and will be renewed 
from year to year tacitly unless it is denounced within three 
months following the expiry of each period. 

All problems connected with the application of this Con- 
vention are to be resolved by diplomatic negotiations. (Art. 16). 

Finally, the additional protocol stipalates that within three 
months following the exchange of ratifications of the Conven- 
tion, a special convention shall determine the conditions sub- 
ject to which French workers in Poland and Polish workers in 
France shall be entitled to benefit by the relief, insurance and 
social welfare legislation and shall be able to' exercise trade 
union rights and right of association in conformity with the 
national legislation of each of the contracting parties. 

This special Convention was signed at Warsaw on 14 October 
1920. 1 

1 See Chapter II, Section I, paragr. 1 . 

— 341 — 



8. The Franco-Italian Treaty of 1919. 

In this agreement which was signed in Rome on 30 September 
1919 and came into force on 31 May 1921 in France and Italy, 
simultaneously, the two contracting parties aim at regulating 
the emigration of workers from one country to the other, faci- 
litating in their respective countries the settlement of immi- 
grants who are nationals of the other country, and at estabhsh- 
ing to as great an extent as possible equality of treatment for 
their nationals and those of the other State. The Franco- 
Italian Treaty contains not only provisions regarding the entry 
and departure of workers (precisely the same as those in the 
Franco-Polish Convention) but also a series of provisions 
relating to social welfare and the relief and protection of workers 
all based on the principle of absolute equality of French and Italian 
workers in the two countries in respect of statutory regulations. 

In regard to industrial accidents the treaty reaffirms the 
Franco-Italian Convention of 1906 and proclaims absolute 
equality and complete reciprocity ; it further provides that 
Italian and French nationals shall benefit ipso facto by any 
extension of legislation on this subject and that all subsequent 
social insurance legislation (health, invalidity, unemployment, 
etc.) shall be extended to them on conditions to be defined by 
special agreements. 

The following are the main provisions of this treaty : — 

Like the Franco-Polish Convention, the Franco-Italian 
Treaty provides that the tw^o Governments bind themselves to 
give every administrative facility for nationals of each of the 
two countries desirous of emigrating to the other. No special 
permit is required on leaving the country of origin for workers 
going to the other country either individually and of their 
own accord or as a result of collective recruiting, nor is any 
permit required for their families. Such workers and their 
families may also penetrate freely into the country of destina- 
tion without any special permit. If the state of the labour market 
makes the emigration of workers undesirable the Government 
concerned notifies the other Government immediately. If neces- 
sary the two Governments will examine jointly the measures to 
be adopted. 

The wages of immigrants must not be less than those paid 
in the same undertaking or district to nationals of the same 
category for equal work or, if there are no such workers, the 
normal and current wages paid to workers of the same cate- 
gory in the district. The Governments undertake to enforce 
particularly this equality of wages. 

Immigrant workers enjoy the same protection as is granted 
to nationals by legislation and custom in regard to conditions of 
labour and living conditions. 

Each Government may appoint a technical expert attached 

— 342 — 



to its embassy in the other country to deal with labour questions 
and maintain relations with the authorities concerned. 

The signatory governments exercise joint supervision 
in order to ensure that the number of workers who may be 
recruited collectively cannot injure the economic development 
of one of the two countries or the workers of the other. A com- 
mission has been appointed for this purpose ; it meets as a rule 
in Paris at least twice a year. Article 6 makes provision for facili- 
tating the passage of emigrants at the frontier. 

The system of pensions for industrial and agricultural 
workers (including special pensions for miners) in force in each 
of the two countries must be applied to nationals of the other 
without restriction or diminution of the rights accorded to 
nationals of the country, subject however to the regulations 
contained in the Treaty in regard to the method of calculation 
and the payment of benefits and allowances paid by the State. 

In regard to the acquisition, possession and transmission of 
small rural or urban properties, immigrants have the same 
rights and privileges as nationals, excluding, however, privileges 
granted as aresultof war and with reservations regardingthe pro \ i- 
sions of Acts concerning the residence and settlement of foreigners. 

Immigrants may be members of the administrative council 
of a mutual benefit society subject to the proviso that the 
number of foreign members shall not exceed half of the total 
number of members less one. 

Subsidies are paid to mutual benefit unemployment funds, 
public unemployment relief funds, and public institutions for 
providing work for the unemployed in each of the contracting 
States for benefits paid to the nationals of the other State. 

Immigrants who require relief, medical attendance or other 
assistance are to be accorded the same treatment as nationals 
either in their own homes or in hospitals. They are entitled 
to allowances for family responsibilities which are in the nature 
of relief grants, if their families live w^ith them. 

The cost of the reUef is not refunded by the country of origin in 
so far as the relief is required owing to acute illness. In other cases, 
including relapses, the cost must be refunded for the period subse- 
quent to the first 45 days. But the State in which the worker is 
resident shall continue to pay the cost of relief without refund : — 

(1) in respect of the maintenance of old people, the infirm and 
incurables who have lived continuously in the country for at 
least fifteen years, this period being reduced to five years in 
case of invalidity resulting from one of the industrial diseases 
included in a list "which is to be prepared by a special agreement ; 

(2) in respect of sick persons, insane persons and all other persons 
receiving relief who have lived in the country continuously 
for five years. In case of illness, a worker who has lived in the 
country for at least 5 consecutive months every year for the afore- 
said period is deemed to have lived in the coun try contin- 
uously. In the case of minors under 16 years of age it is suffi- 

— 343 — 



cient if the person who is responsible for them has satisfied the 
conditions of residence specified above. 

When the period of 45 days has expired, in the case of persons 
receiving relief who have not complied with the conditions of 
residence, the State of origin is bound after notification 
of the State of residence either to repatriate the person in 
receipt of assistance, if he can be transported, or to refund the 
cost of treatment to the State in which the person concerned 
is resident. Repatriation cannot be enforced in case of special 
relief to large families or to women at childbirth. 

The procedure, conditions and methods of repatriation and 
the method of ascertaining and estimating the length of contin- 
uous residence are to be regulated by the two signatory States 
by means of special agreements. 

Workers and employers in both countries may be members 
of conciliation and arbitration committees in case of collective 
disputes between employers and workers in which they are 
concerned. 

The committee, composed of Frenchmen and Italians, 
provided for in Article 9 of the Franco-Italian Convention 
of 15 June 1910 for the protection of children and in certain 
cases of adult workers, will extend its activity to cover Italian 
workers in France and French workers in Italy, of whatever 
age, in places where a sufficient number of workers of the other 
country is employed. 

Immigrant workers shall enjoy complete equality of treatment 
in regard to the application of legislation regulating labour con- 
ditions and concerning the health and safety of workers. 

Philanthropic and friendly societies among Italians in France 
and among Frenchmen in Italy and joint societies in either 
of the two countries, which are constituted and which act in 
accordance with the laws of the country concerned, enjoy 
the same rights and advantages as are accorded to French 
and Italian societies of the same kind. 

Neither of the two contracting States may impose spe- 
cial taxes on nationals of the other State by reason of the fact 
that they are working within its territory. 

This Article is without prejudice to the provisions of laws 
and regulations concerning the general taxes imposed on for- 
eigners, particularly in connection with the issue of residence 
permits. 

The two Governments, taking note of the fact that equa- 
lity of treatment is already sufficiently realised in the question 
of public elementary education and private schools, reserve 
the right to negotiate a special Convention on primary and 
vocational education for immigrants and their families. 

One or more special conventions are to be concluded to 
regulate, in conformity with the spirit ofthe Treaty, the situation 
of seamen, fishermen and, in general, all paid staff employed 
in the fishing industry and in the mercantile marine. 

— 344 — 



The Treaty, which was in tlie first instance to remain in 
force for one year, may be renewed tacitly from year to year. 

Article 26 provides for the solution of difficulties respecting 
the application of the Convention by arbitration. 

It may be noted that the Convention does not apply to 
colonies, possessions and protectorates, but the two Gover- 
ments undertake to enter into negotiations for the purpose 
of concluding special conventions on this matter. 



9. The Greco-Bulgarian Convention. 

By Article 56 of the Treaty of Peace, concluded at Neuilly 
between the Allied and Associated Powers and Bulgaria, the 
latter country is required not to place any obstacle in the way 
of persons determining their nationality and also to allow persons 
concerned to resume or not, as they desire, Bulgarian nation- 
ality. Bulgaria is further required to recognise all the measures 
that the Allies may consider suitable with regard to reciprocal 
and voluntary emigration of racial minorities. 

In conformity with the decision of the principal Allied and 
Associated Powers on 27 November 1919 to the effect that in 
virtue of Article 56, par. 2, of the Treaty of Peace with Bulgaria 
those Powers deem it desirable that reciprocal and voluntary 
emigration of ethnic, religious or linguistic minorities in Greece 
and Bulgaria should be regulated by a convention concluded 
between these two powers on the conditions decided upon on 
the above date, Bulgaria and Greece signed, on 27 November 
1919, a Convention concerning reciprocal emigration, the prin- 
cipal provisions of which are as follows : 

a) Recognition of the right of nationals of the contracting 
parties belonging to ethnic, religious or linguistic minorities 
to emigrate freely to the territories of either party. 

J- b) Reciprocal undertaking to facilitate the exercise of this 
>-ight and not to hinder directly or indirectly the freedom of 
migration, nothwithstanding contrary laws or regulations 
which, in this respect, shall be deemed to be null and void. 

c) No obstacle may be raised to the departure of a volun- 
tary emigrant except in case of condemnation to corporal 
punishment for violation of the common law ; 

d) Recognition of the right of voluntary emigration in the 
case of all persons over 18 years of age. The husband's declar- 
ation of emigration implies that of the wife ; the declaration 
of emigration of parents or guardians implies that of their 
children or wards under 18 years of age. 

e) Emigrants lose the nationality of the country which they 
leave from the time when they leave it, and they acquire that 

— 345 — 



of the country of destination as soon as they arrive in the ter- 
ritory of that country. 

f) Exemption from all import or export duty of furniture 
of all kinds which emigrants take with them or have transported, 

g) Institution of a Joint Commission consisting of one 
member nominated by each of the contracting parties and of 
an equal number of members of another nationality, from whom 
the chairman shall be chosen, and who shall be nominated by 
the Council of the League of Nations; the function of this Com- 
mission is to supervise and promote voluntary emigration as 
provided in the Convention and to proceed to the liquidation 
of rural or urban landed property belonging to emigrants and 
in general to take all steps required for the execution of the 
Convention and to decide all qviestions which may arise in 
connection therewith. 

h) Valuation of the landed property of emigrants, it being 
provided that the persons concerned shall be heard or shall 
have been duly summoned, and payment to the Joint Commis- 
sion by the Government of the country in which liquidation 
takes place of the value of the property liquidated, which shall 
remain the property of the said Government. 

i) Funds to be advanced by the States concerned to the 
Joint Commission with a view to facilitating emigration and 
advancing the value of their property to emigrants to the 
extent of the funds available. 

j) States whose frontiers adjoin those of one of the signa- 
tory States to be allowed to adhere to the Convention. 



10. The Franco-Czechoslovak Convention of 1920. 

A Convention concerning emigration and immigration 
was concluded on 20 March 1920 between the Czechoslovak 
and the French Republics. This Convention is, in most res- 
pects, based on the Franco-Polish Convention of 3 September 
1919. The principal differences are as follows : — 

(1) Suppression of the "most-favoured nation" clause con- 
tained in Article 4 of the Franco-Polish Convention. 

(2) In case of complaints formulated by foreign workers 
in respect of labour or living conditions or difficulties of any 
kind which they may experience the department concerned 
shall proced to make the necessary enquiries and shall alone 
be competent to intervene with a view to clearing away 
difficulties or settling disputes ; for this purpose the Govern- 
ments shall if necessary appoint, each in its own territory, ins- 
pectors or special officers who speak the language of the im- 
migrant workers. 

— 346 — 



(3) In Czechoslovakia recruiting is effected by the Cen- 
tral Labour Office (Ministry of Social Welfare) and in France 
by the National Employment Office, and all direct recruit- 
ing operations effected in the country by employers or their 
representatives otherwise than through these official organi- 
sations shall be null and void and any engagements concluded 
as the result of such operations shall also be null and void. 

(4) The application for each organised recruiting operation 
shall not receive the official visa unless in addition to the con- 
ditions stipulated in the Polish Convention an assurance 
is given that no strike, lock-out or trade agitation of any 
kind is in progress in the establishment presenting the ap- 
plication. 

In the model contract for Czechoslovak workers engaged 
in France, Article VII concerning health insurance deserves 
special attention. It takes account of the fact that in Czecho- 
slovakia health insurance is compulsory while in France there 
is no compulsory system. According to Article VI, in esta- 
blishments employing 100 or more Czechoslovak workers 
the employer must provide a Czechoslovak interpreter for 
every 100 such workers and for every additional fraction 
of 100 amounting to more than 50. This interpreter, who must 
be approved by the French Ministry of Labour, is paid 
by the employer. Article XI of the contract of employment 
provides that workers who have fulfilled their contract in full 
shall when this contract expires be paid a bonus of 100 francs 
if the contract has lasted one year, 75 francs if it has lasted 9 
months and 50 and 25 francs respectively if the contract has 
lasted 6 or 3 months. The workers shall be entitled to this bonus 
(Art. XII) if the employer terminates a contract before the 
date fixed, except in case of dismissal due to the action or 
fault of the worker himself.^ 

11. The Italo- Luxemburg Treaty. 

The main lines of this agreement, which was signed on 
11 November 1920, are similar to those of the Franco-Italian 
Treaty of 30 September 1919. Equality of treatment in regard 

^ The Central Office for Workers in Germany (Deutsche Arbeiterzentrale) 
entered into negotiations with the Czechoslovak Government with a view 
to the conclusion of an agreement regarding the recruiting of Czechoslovak 
workers for employment in Germany. The agreement, which was concluded 
in February 1922, provides that the recruiting of workers in Czechoslovakia 
may only be carried out through the employment exchanges and the pro- 
vincial labour offices, which are in constant contact with the German Central 
Office. The workers are only to be employed in those parts of Germany 
in which the rate of wages is such as to be equivalent to the normal wage 
in Czechoslovakia at the current rate of exchange. A portion of the wages 
is to be retained as a guarantee against breach of contract, and a deposit 
made to cover the cost of tools, etc., supplied. This money is to be paid back 
at the average rate of exchange prevailing during the period of the contract. 

— 347 — 



to social welfare, relief and labour legislation is regulated 
on principles similar to those already set forth in the para- 
graph dealing with the Franco-Italian Treaty. The two Govern- 
ments agree to provide all administrative facilities for nationals 
of each of the two countries who are desirous of going to the 
other country to work there. When the state of the labour 
market is not favourable for the finding of employment for 
immigrants, the Government concerned must immediately notify 
the other contracting party through the ordinary diplomatic 
channels. Like the Franco-Italian Treaty, the Treaty be- 
tween Italy and Luxemburg contains no clause authorising 
one of the two parties to recruit workers in the territory of 
the other by means of official missions. Laws or regulations 
in force in each of the two countries, which stipulate that the 
right to benefit by social insurance laws is subject to 
the condition that the person concerned is resident in the 
territory of the country in question, shall not be applicable 
to' the nationals of the other contracting State. The principle 
of equality of treatment is applicable to insurance, wages, 
labour conditions, the health and safety of workers, compen- 
sation for industrial accidents, rights, privileges and benefits 
in connection Avith mutual benefit societies, unemployment, 
public relief, co-operation, acquisition, possession and trans- 
mission of small properties, whether rural or urban, and ad- 
mission to schools. The same principle is applied in regard 
to old age and invalidity insurance legislation. The nationals 
of each of the two States receive in the territory of the 
other the same treatment in regard to medical attendance 
as nationals, either at home or in hospitals, until they are re- 
patriated, the date of repatriation being decided by the two 
Governments through the ordinary diplomatic channels. 
The cost of relief up to the time of repatriation is borne 
by the State in which they are resident, no refund being made 
by the State to which the person receiving relief belongs. In 
this respect the Treaty between Italy and Luxemburg differs 
from the Franco-Italian Trat}^ in not fixing a maximum period 
for the payment of relief by the State in which the person 
concerned is resident. Equality of treatment also includes 
trade union guarantees. 

Another difference between this Treaty and the Franco- 
Italian Treaty is that immigrant workers are authorised 
to submit in their native language complaints or demands 
which they may have to formulate in regard to labour con- 
ditions and living conditions or difficulties of any kind which 
they may experience in the country of immigration. Further, the 
Treaty between Italy and Luxemburg provides that Italian 
workers working in Luxemburg may appoint from among 
their comrades a representative to explain their demands 
in regard to labour conditions either to employers or to the 
authorities to whom the supervision of labour is entrusted ; 

— 348 — 



both employers and authorities must afford the said repre- 
sentative every facihty for the accomphshment of the task 
entrusted to him. In the Franco-Itahan Treaty this right 
to appoint a representative is Hmited to workers empk:)yed 
in mining operations. 

The Treaty deals particularly with the question of edu- 
cation ; it recognises that emigrants shall have the same right 
as nationals to be admitted to public elementary and technical 
schools, the benefit of the arrangement or financial assistance 
for the purposes of education, and that they shall be able 
to establish additional schools or classes intended specially 
for the teaching of their mother tongue. 

Like the Franco-Italian Treaty, this Treaty contains a 
clause authorising each of the two Governments to appoint a 
technical expert attached to its embassy or consulate in the 
other country to deal with labour questions and maintain 
relations with the competent authorities. 

The method of application of certain principles is left to 
be decided by special agreements. Finally it should be noted 
that the Treaty contains a " most favoured nation " clause 
in regard to the treatment of workers who are nationals 
of one of the contracting parties employed in the territory 
of the other. 



12. The Austro-PoUsh Agreement of 1921. 

An Agreement was signed on 24 June 1921 at Cracow be- 
tween the plenipotentiaries of the Emigration Office at the 
Ministry of Labour and Social Welfare of the Polish Republic 
on the one hand, and of the Federal Ministry of Agriculture 
and Sylviculture of the Austrian Republic on the other hand, 
concerning the recruiting of Polish workers for employment 
in Austrian agriculture. 

iVccording to the terms of this agreement, the recruiting 
and placing of workers of the Polish Republic for the purpose 
of employment in Austrian agriculture is exclusively reserved 
to the Central Office of Agricultural Labour (Landarheiter- 
zentrale) attached to the Federal Ministry of Agriculture and 
Sylviculture at Vienna, and the Emigration Office of the Mi- 
nistry of Labour and Social Welfare at Warsaw. The two 
Governments must take the necessary steps for prevent- 
ing all other recruiting operations than those made through 
the medium of these official organisations. Applications for 
labour made directly by Austrian employers to the Polish 
Emigration Office will not be taken into consideration. 

A model contract has been drawn up to regulate the con- 
ditions of recruiting. All private arrangements reached without 
the approval of the competent authorities, for the purpose 

— 349 — 



of changing the conditions in the said contract, are declared 
null and void. All infringements of this regulation may be 
punished by the Austrian authorities, by requiring the em- 
ployer to repatriate the workers at his own expense and fur- 
ther to meet all legitimate demands for compensation put 
forward by the latter. 

The transport of the workers is carried out at the employer's 
expense by the central Office. Special arrangements will be con- 
cluded between the Federal Minister of Agriculture and the Go- 
vernment of any State through which the Polish workers are to 
be transported. Such agreements will be communicated to 
the Polish Ministry of Labour and Social Welfare. The prin- 
ciple of equality of treatment is applied to Polish workers 
as regards insurance legislation and labour legislation in gen- 
eral. 

Inspectors of Labour, appointed by the Austrian Ministry, 
will watch over the execution of recruiting contracts. These 
officials will draw up reports, which must be submitted to 
the Emigration Attache nominated by the Pohsh Govern- 
ment to its Legation at Vienna. The Attach'^ is empowered to 
make inspections of this kind himself, in agreement with 
the Federal Ministry, or to take part at his own expense in 
those carried out by the said Ministry. He must transmit to 
the Austrian authorities all claims addressed to him by the 
workers. 

The worker who wishes to send home money to his family 
in Poland has only to ])ay the sum in (jucstion to the account 
of the Emigration Attache in the Postal Savings liank, indicat- 
ing the name of the depositor, the address of his employer, 
and the name and address of the person who is to receive the 
money. If the family of a worker is in want owing to not receiving 
remittances, the Federal Ministry must see that the employer 
retains one-third of the wages of the worker concerned, which 
he must pay into the above-mentioned account of the Polish 
Emigration Attache, "Supplying also the necessary information. 

Differences between the signatories to the agreement as 
to its application are to be settled through diplomatic chan- 
nels. The agreement was to remain in force up to December 
1921, but if not previously cancelled it is to remain in force 
until the end of 1922. Negotiations for its renewal may be 
entered into before 1 December 1922. 

Labour contracts proposed by employers must conform 
to the model already referred to, according to which the hours 
of work are fixed for each agricultural undertaking l>y collect- 
ive agreement or by local custom. In the latter case they 
must not exceed 10 hours, or 11 hours during harvest, excluding 
the mid-day rest of one hour and two half-hour intervals for 
breakfast and tea. The time taken in going to the place of 
work will not be included in the hours of work, provided it 
does not exceed half an hour. As a guarantee that the worker 

— 350 — 



will carry out the contract, the employer is entitled to retain 
20 per cent, of his monthly salary for the first three months. 
This sum is to be paid into the Postal Savings Bank and to 
be given to the worker at the end of his engagement, subject 
to any deductions for which he may have become liable according 
to the terms of the contract. The contract also determines 
the conditions of assistance required of the employer in case 
of illness of the worker until sickness insurance for agricultural 
workers has been introduced in Austria. 

As regards the execution of the contract, the employer 
and the worker are subject to official supervision by repre- 
sentatives of the Federal Ministry and by the Polish Emigra- 
tion Attache at Vienna. These authorities will act as arbi- 
trators in disputes between the two parties, who are not however 
required to follow their awards and who always retain the 
right to lay their grievances before the Austrian Courts. 

An additional protocol lays down the details of procedure 
for recruiting and transport and for the repatriation of Polish 
workers. 



13. The I talo- Brazilian Treaty. 

Negotiations entered into at Rome in 1920 between Italy 
and Brazil for the conclusion of an emigration and labour agree- 
ment finally resulted in a Treaty signed on 11 October 1921, 
which lays down the standards to be observed in regulating 
Italian emigration to Brazil and the treatment of the emigrant 
workers. 

The Treaty is preceded by a declaration by which the two 
States reserve to themselves the right to negotiate a general 
emigration and labour treaty for the benefit of their respective 
nationals. The main points of the Treaty are as follows :■ — 

(1) Equality of treatment between the subjects of the 
two contracting parties as regards industrial accidents without 
residential or other conditions. 

(2) Recognition by the Brazilian Government of labour 
contracts, AV'liether individual or collective, concluded in Italy 
by Italian workers, and to be carried into execution in Brazil, 
in so far as they are not contrary to paiblic regulations. 

(3) Recognition by the Federal Government of Brazil of 
agreements which are or may be entered into' between Italy 
and individual Brazilian States. 

(4) The obligation of the Federal Government of Brazil 
to watch over the execution of labour contracts concluded 
between employers and workers, and to be responsible for 
the protection and best possible placing of Italian immigrants. 

The BraziUan Government also undertakes to facilitate the or- 

— 351 — 



ganisation and working of producers' co-operative societies, credit 
societies, mutual aid societies, provident societies, etc., formed 
by Italian agricultural workers, as also the work of properly 
constituted Italian societies formed in Brazil for the benefit 
of Italian immigrants. The most favoured nation principle 
is embodied in Section 6, according to which " ItaUan immi- 
grants shall enjoy all present or future facilities, advantages 
and privileges granted to immigrants from other countries." 

The Treaty is to come into force after having been approved 
by the Italian Government and the Brazilian National Congress, 
and after having been duly ratified by the respective Govern- 
ments. It is to remain in force until at least six months' notice 
to cancel it has been given by either of the two parties. 

A short time before the signature of this Treaty, the 
General Emigration Office came to an agreement with two 
associations of planters (jazendeiros) in the state of Sao Paulo 
(Brazil) regarding the terms of a model contract for Italian 
agricultural workers taken to Sao Paulo. 

This contract lays down the conditions of recruiting and 
free transport of the workers, their families and luggage. On 
the arrival of the settlers at Sao Paulo the contract is trans- 
ferred to the proprietor of the plantation (jazenda) where they 
are to work, after agreement with the Italian Consul at Sao 
Paulo or his substitute. On this occasion the rate of remuneration 
for the work to be done by the settler will be specified in view 
of the fact that the conditions of work vary from plantation 
to plantation, and in order to avoid the possibility of the settler 
being compelled to do work to which the agreed remuneration 
would not correspond. It is laid down that the settler may 
receive a monthly advance on account of work done, the 
balance due to bc^paid at the end of the year. The settler has 
further the right to sell produce of his own growing as, when 
and to whom he likes, and he is entitled to buy or not, as he 
pleases, articles of prime necessity at the stores established 
for the purpose by the proprietor of the plantation. The asso- 
ciations of planters undertake to encourage, according to rules 
to be prescribed, the working of free commercial and credit 
institutions to be formed for the purpose of facilitating the sale 
of the settlers' own produce. The contract also contains sani- 
tary and moral clauses ensuring healthy dwellings and medical 
aid for the settlers. The latter must be free or at least not cost 
him more than three milreis per family per month, while drugs 
have to be provided at cost price. The inviolability of the 
settler's home is expressly declared in the contract, except in 
the case of crime, offence, or danger to public health. The 
planters must open free shools for the settlers' children, in 
which the teaching of Italian and of the history and geography 
of Italy must be compulsory. 

The Italian consuls, or their substitutes, and the agents 

— 352 — 



of Italian societies recognised by the Government of the State 
of Sao Paulo must have free access to the plantations in order 
to verify that the contract is being faithfully observed. Dis- 
putes as to the execution of the contract must be submitted 
to the consul, who will settle them through a deputy sent to the 
spot. Contracts transferred to private planters must be exam- 
ined every year, from the point of view of remuneration, 
by the president of the association of planters, and the Italian 
consul, or their substitutes. The latter will also fix by agree- 
ment the fines to be imposed on the settlers in each individual 
case of contravention of orders and instructions on the work 
to be done. The fines will be paid into a special fund for estab- 
lishing co-operative mutual aid societies in case of sickness, 
accident, death or repatriation. The fund will be supervised 
by the associations of planters and the consul or their repre- 
sentatives. 

A similar form of contract has been drawn up for direct 
recruiting by individual planters. ^ 



C. The 1919 and 1920 Peace Treaties. 

Among the diplomatic instruments which have had the 
greatest effect on migratory movements, and are likely to 
continue to do so in the future, are the five treaties which 
put an end to the war between the Allied and Associated Po- 
wers and their enemies. These are the Treaties signed with 
Germany at Versailles on 28 June 1919 ; with Austria at St. 
Germain-en-Laye on 10 September 1919 ; with Bulgaria at 
Neuilly-sur-Seine on 27 November 1919 ; and with Hungary at 
Trianon on 4 June 1920 ; and with Turkey at Sevres on 10 
August 1920. All five include a preliminary part consisting 
of 26 Articles relating to the League of Nations and another 
part in 39 Articles devoted to the Permanent Labour Organi- 
sation, which must both exert great influence in these matters. 

The Covenant of the League of Nations aims primarily 
at promoting international co-operation, and for this purpose 
it contains, besides provisions prohibiting the resort to war, 
an obligation to maintain open, just, and honourable relations 
between nations, to observe rigorously the prescriptions of 

1 This contract of labour has met with protests in Brazil and the State 
of Sao Paulo has refused to ratify the clauses relating to the inviolability 
of the residence of the colonists, to the rights of the consuls and to Italian 
schools. These clauses have in point of fact been deleted in the contracts 
of all Italian workers who have been recruited in virtue of this agreement 
and taken to the State of Sao Paulo since the beginning of the year 1922 
by societies for providing labour for industry in the State. 

— 353 — 

2S 



international law, and to maintain justice and a scrupulous 
respect for all treaty obligations. With regard to emigration, 
the provisions of the CoA^enant which are of special interest 
are the measures aiming at securing in a general manner 
fair conditions of labour for men, women and children and 
at establishing and instituting the necessary international 
organisations for this purpose. Among special questions, the 
provisions relating to the treatment of native populations, 
to agreements in connection with the traffic in women and 
children and with the guarantee and maintenance of freedom 
of communications and transit, are of particular interest to 
emigrants. 

The Permanent Labour Organisation, associated with the Lea- 
gue of Nations, is charged with the development of the physical, 
moral and intellectual welfare of the workers. In particular 
among the duties imposed on this Organisation by the terms 
of the Peace Treaties, is the improvement of conditions connected 
with the recruiting of labour, the consideration of measures 
against unemployment, and the protection of workers employed 
abroad. Among the principles which are to govern world 
policy, and whose realisation is entrusted to the Labour Or- 
ganisation, the Peace Treaty prescribes that the labour regu- 
lations issued in each country must secure fair economic treat- 
ment for all workers legally resident in the country. 

A large number of special measures relating to emigrants 
and to alien workers have already been adopted for carrying 
out this programme. These will be examined in more detail 
in the sections relating to multilateral agreements of a special 
nature. 

In addition, the peace treaties themselves contain a large 
number of special provisions relating to repatriation, to the 
right to emigrate and to settle abroad, and the protection 
of workers abroad. Among these provisions special attention 
will be directed to those under Article 276, on account of their 
general character. 

The Treaty of Versailles, in dealing with the treatment 
of nationals of the Allied and Associated Powers, stipulates 
that Germany binds herself (a) not to impose upon nationals 
of the aforesaid powers in regard to the exercise of occupa- 
tions, professions, trade and industry, any prohibition not 
equally applicable to all foreigners without exception ; (b) 
not to submit nationals of the aforesaid powers to any regu- 
lation or restriction in regard to the rights referred to in para- 
graph (a), which might directly or indirectly contravene the 
stipulations of the said paragraph, or which would be differ- 
ent from or more disadvantageous than those which are ap- 
plicable to nationals of the most favoured nation ; (c) not 
to impose upon the nationals in question, their property, 
rights or interests, including companies and associations in 

— 354 — 



which they are interested, any duty or direct or indirect tax- 
ation, different from or higher than those which are or may 
be imposed on her own nationals or on their property, rights, 
or interests ; (d) not to impose upon the nationals in question 
any restriction which was not applicable to these same nationals 
on 1st July 1914, unless the same restriction is imposed upon 
her own nationals also. 

The same treaty adds that nationals of the Allied and Asso- 
ciated Powers shall enjoy in German territory constant protect- 
ion for their persons, property, rights and interests, and shall 
have free access to the courts of law. 

Identical conditions are contained in the Treaties of St. 
Germain, Trianon and Neuilly, signed by Austria, Hungary 
and Bulgaria respectively, with the Allied and Associated 
Powers, but they do not appear in the Treaty of Sevres which 
was concluded with Turkey i. 

A reference to the texts of the treaties themselves is necessary 
for all the other numerous clauses connected with the subject 
under consideration, because the examination of all the clauses 
in any way related to the question of settlement abroad would 
involve a special study exceeding the scope of this work. 



§ 4. Convention relating to the Transit 
OF Emigrants. 



Until recently the question of the transit of emigrants was 
generally left to the sole decision of the countries across whose 
territory the journey took place. The national character of 
these measures was further accentuated as a result of the 
conditions introduced by the war. The question had only 
been dealt with by treaty in a very subsidiary manner, and the 
first signs of regulation in this direction almost all disappeared 
during the course of the war. It was only after the resumption 
of peace conditions that an attempt was made to renew such 
relations, and then in a closer manner than before. 

The Conference which was held at Barcelona under the auspi- 
ces of the League of Nations from 10 March to 20 April 1921 
considered the question of the transit of travellers, and adopted 
a draft Convention signed by 34 powers (Albania, Austria, 
Belgium, Bolivia, the British Empire, Bulgaria, Chile, China, 
Czechoslovakia, Denmark, Esthonia, Finland, France, Greece, 
Guatemala, India, Italy, Japan, Latvia, Lithuania, Luxemburg, 

1 The Treaty of XeuiUy of 27 November 1919 adds to paragraph c of 
this clause the words " or to nationals of any most favoured power, or to 
their property, rights or interests ". 

— 355 — 



the Netherlands, New Zealand, Norway, Panama, Persia, 
Poland, Portugal, Roumania, the Serb-Croat-Slovene State, 
Spain, Sweden, Switzerland, and Uruguay) which will come into 
force as soon as five powers have formally ratified it^. This 
Convention stipulates in particular that persons and baggage 
shall be deemed to be in transit when the passage across the 
territory of a contracting State, with or without transhipment, 
and with or without a change in the mode of transport, is only 
a portion of a complete journey beginning and terminating 
beyond the frontier of the States across whose territory the tran- 
sit takes place. (Article 1.) 

According to the Convention, every facility must be given 
for free transit of persons travelling by rail or waterway without 
making any distinction based on nationality or otherwise. Such 
travellers must not be subject to any special dues in respect of 
transit, and reasonable rates must be applied on routes operated 
or administered by the State or under concession. These pro- 
visions are only compulsory for contracting States. 

Certain provisions are contained in Article 5 which appear 
to refer particularly to undesirable emigrants. It declares that 
none of the contracting States shall be bound to afford transit 
for passengers whose admission into its territories is forbidden 
and that each State shall be entitled to take reasonable pre- 
cautions to ensure that persons in transit are in a position to 
complete their journey. 

The Convention does not abrogate treaties, etc., concluded 
before 1 ^May 1921, and does not entail the withdrawal of faci- 
lities which are greater than those provided l.y it. 

The Convention is drawn up in very general terms. It is 
not yet in force, and to bring it into effect will no doubt raise 
certain diihculties, but, such as it is, it provides an interesting 
indication of the desire of governments to facilitate the condi- 
tions of transit for travellers, a question which is of great impor- 
tance, and which is of interest to hundreds of thousands of 
emigrants every year. 



E. Commercial Treaties. 

Commercial treaties usually contain clauses providing that 
the subjects of each of the contracting parties shall enjoy in the 
territory of the other party freedom to enter and leave the 
country and settle in it, and full protection and security for 
their persons, goods and property, provided that they comply 
wdth the laws and regulations of the country. It is also custom- 
ary to specify in these treaties the guarantees and privileges 
which will be granted to merchants of each of the signatory 

1 This Convention, which has already been ratified by several countries, 
will come into force on 31 October 1922. 

— 356 — 



States in the territory of the other State. Many of these treaties 
include a most favoured nation clause. 

During the nineteenth century and up to the present time 
commercial treaties have been very numerous. Almost all States 
have concluded such agreements. It is unnecessary to examine 
each of them in detail, but some indication can be given of 
those clauses which are most interesting from the point of view 
of emigration. Among these reference should be made in the 
first case to those applicable in a general way to all citizens 
of the other State concerned. 

One of the oldest of these treaties dealing with the situation 
of immigrants as such is the Franco-Swiss Agreement of 23 Fe- 
bruary 1882, stating that " all kinds of industry and commerce 
which may be carried on by Frenchmen in France is equally 
legitimate for Swiss citizens, without requiring them to fulfil 
any more onerous conditions, whether pecuniary or otherwise." 
This is a stipulation which the most favoured nation clause has 
made of fairly general application. 

One of the most noteworthy is the commercial Treaty 
concluded on 31 October 1897 between Switzerland and Chile, 
which stipulates generally in regard to the protection of nation- 
als of each party residing in the territory of the other that such 
nationals shall enjoy the benefit of all privileges or immunities 
which may be granted to the citizens of any other nation. 
However, such concessions cannot be demanded by Switzer- 
land in virtue of the most favoured nation clause unless they 
are granted by Chile to a State other than one of the Latin- 
American States. 

The Greco-Swiss Treaty of 10 June 1887 appears to be based 
on the same general principle ; it provides that the subjects and 
the commodities of each of the contracting parties shall enjoy 
in the territory of the other all privileges, immunities or advan- 
tages accorded to the most favoured nation. 

The Franco- Japanese Treaty of 4 August 1896 contains 
a similar, and even more explicit, clause : "Frenchmen in Japan, 
and Japanese in France, shall not be required, under any pretext 
whatsoever, to submit to charges or pay taxes, duties, contri- 
butions, or stamp duties, under whatsoever denomination, 
other or higher than those which are or may be imposed on 
nationals or subjects of the most favoured nation. They are 
exempt from all taxation imposed in lieu of personal service. " 

The above Treaty between Switzerland and Greece and the 
Treaties between Switzerland and Roumania, and Switzerland 
and Serbia, of 5 March 1893 and 28 February 1907 respectively, 
stipulate explicitly for exemption from military service and all 
military charges. 



* 



In regard to emigrant workers in particular, certain countries 
recognise the principle that their position should be dealt with 



357 — 



in commercial treaties, and have inserted in various treaties 
of this kind clauses concerning the treatment of their workers 
when employed in countries other than their own ; provision 
is even made in some cases for the conclusion of labour conven- 
tions based as far as possible on the principle of reciprocity. 

Italy has concluded commercial treaties with different 
countries which stipulate certain fixed conditions of treatment 
for emigrants. Such treaties are those concluded with the Domi- 
nican Republic, 5 January 1889, with Mexico, 16 April 1890, 
with Paraguay, 22 August 1893, and Cuba, 29 December 1903. 
The Consular Convention of 13 November 1905 between Italy 
and Guatemala,and the extradition Treaty of 8 October 1910 
between Italy and Bolivia, also make provision with regard to 
the treatment of Italian workers. 

Article 15 of the Treaty of 15 December 1891 between the 
Congo Free State and the Republic of Liberia, provides that the 
nationals of each of the two parties shall be permitted to emigrate 
and contract engagements with a view to employment in the 
territory of the other party. 

China and Mexico concluded a commercial Treaty on 14 De- 
cember 1899, which contained clauses regulating the right of 
their respective nationals to emigrate to the other country in 
so far as this emigration is voluntary. 

Article 17 of the commercial Treaty of 13 July 1904 between 
Italy and Switzerland states that the contracting parties pledge 
themselves to examine jointly and amicably the question of 
the treatment of Italian workers in Switzerland, and of Swiss 
workers in Italy in respect of social insurance, with the object 
of guaranteeing to the workers of either of the two nations em- 
ployed in the country of the other nation the benefit of equi- 
valent treatment as far as possible ; the agreements necessary 
were to be ratified separately, independently of the coming 
into force of the treaty. 

A similar clause expressed in almost the same terms is found 
in the supplementary treaty to the commercial Treaty of 6 De- 
cember 1891, concluded between Italy and Germany on 3 De- 
cember 1904, and in the supplementary Treaty to the commercial 
Treaty of 6 December 1891, concluded between Germany and 
Austria-Hungary on 25 January 1905. In the latter the words 
" and the protection of workers " are added aiter the words 
" social insurance ". 

The Convention of 1905 between Russia and Germany, 
which is a supplement to the Treaty of Commerce and Navig- 
ation of 1894, also contained clauses concerning the regulation 
of questions relating to emigrants. 

It was in particular stipulated that passports for Russian 
emigrants intending to be employed in German agriculture 
should be valid for not more than 10 ^ months. This maximum 
period was intended to prevent a worker from acquiring perma- 
nent rights as regards German sickness and old age insurance. 

— 358 — 



The commercial Treaty of 11 February 1906 between Italy 
and Austria-Hungary (final protocol) and the commercial Treaty 
of 2 May 1911 between Germany and Sweden contain similar 
clauses relating to insurance ^. 

On 21 February 1911 a commercial Treaty was concluded 
between the United States and Japan, providing that citizens 
or subjects of each of the contracting parties shall be free to 
enter, to travel and reside in the territories of the other, but it 
was understood, — and it was on this condition that the treaty 
was ratified by the American Senate— that the Japanese Govern- 
ment should continue to restrict and supervise the emigration 
of workers to the United States in the same way as during the 
three preceding years ^. 

A Treaty of Commerce and Navigation was signed by the 
United Kingdon and Japan on 3 April 1921. In providing that 
the subjects of each of the contracting parties "shall have 
liberty to enter, travel and reside in the territories of the other 
and, conforming themselves to the laws of the country, shall 
in all that relates to travel and residence be placed in all 
respects on the same footing as native subjects". 

The Treaty of Commerce and Navigation concluded on 2 May 
1911 between Germany and Sweden contains the following 
Article : '' The contracting parties undertake to examine in a 
spirit of friendliness the situation of Swedish workers in Ger- 
many and of German workers in Sweden in respect of workers' 
insurance, with a view to guaranteeing by means of special 
agreements to the workers of one of the two countries employed 
in the other treatment which will give them as far as possible 
equivalent privileges." 

A supplement to the Treaty of Commerce and Navigation 
concluded on 26 February 1871 between Italy and the United 
States was concluded on 25 February 1913 ; it guarantees to 
the nationals of each of the contracting parties the protection 
of their persons, property and rights in the territory of the other 
contracting party, including protection in respect of rights 
derived from the application of laws concerning responsibility 
for accidents ; it further gives relations or heirs of a person 
who has been the victim of an accident the right to bring an 
action. This treaty was the first international Convention 
concluded by the United States of America in the socio-political 
sphere. 

The two Treaties concluded on 16 April 1920 between Italy 
and Mexico concerning commerce and extradition respectively 
also contain clauses dealing with the situation of emigrants. 

Finally the commercial Treaty between Italy and Czecho- 
slovakia, which was signed on 23 March 1921, contains the fol- 
lowing clause : 

1 See Part II, Chapter II, paragr. 3 (Conditions of race, religion or 
nationality : United States). 

— 359 — 



" The two contracting parties undertake to initiate in as 
short a time as possible negotiations with a view to concluding 
agreements to guarantee to the workers of one of the two coun- 
tries who may be in the territory of the other equality of treat- 
ment as compared with the workers of the other country in all 
matters relating to the application of legislation for the pro- 
tection of workers, to medical attendance and admission to 
hospitals, to insurance against industrial accidents, to educa- 
tion and to freedom of association and trade organisation." 

This clause specifies, for the first time in a commercial 
treaty, the obligation to regulate questions regarding the em- 
ployment of foreign labour in accordance with the principle 
of equality of treatment. It is an interesting application of the 
pactum de contrahendo, and is remarkable for its scope and 
sphere of action. 



F. Treaties concerning the Residence of Foreigners. 

By means of treaties concerning the residence of foreigners, 
the contracting States establish conditions of residence of 
nationals of one of the States in the territory of the other State. 
The number of these treaties is not large, as frequently free- 
dom of immigration and settlement is in princi})lc guaranteed 
to citizens or subjects of all foreign States, subject to the proviso 
that they comply with the laws and regulations of the country. 
As has already been pointed out, provisions concerning the 
residence of foreigners are frequently inserted in more general 
treaties or in commercial treaties, no special agreement being 
concluded. 

Foreigners who desire to benefit by the rights conferred by 
such treaties must as a rule prove their identity and their 
nationality. This proof usually consists in the presentation of 
an identification card, declaration of registration or a passport. 
The treaties provide that foreigners shall be treated on the 
same footing as nationals in regard to travelling and residence. 
They give foreigners the same right as nationals to engage 
in commerce, to carry on manufactures and to trade in all 
articles allowed by law, to work, to acquire and possess all kinds 
of real or personal property, subject, however, to legislative 
conditions and restrictions. They enjoy constant and complete 
protection and security for their person and property ; they have 
free access to the law courts. They are not compelled to pay 
taxes or duties other or higher than those paid by nationals, 
nor are they compelled to do military service in the Army, the 
Navy, or the Militia. Their houses, shops or factories are res- 
pected, provided that they are used for legitimate purposes. 
In regard to the rights of residence in the country, foreigners 

— 360 — 



do not enjoy absolute equality of treatment as compared with 
nationals. Foreigners may always be expelled as a result of 
administrative decisions or a judicial sentence. The country of 
origin undertakes to receive its nationals at any time, provided 
that they have preserved their rights of nationality. This obli- 
gation usually includes the family of the person expelled. 
Some treaties impose restrictions in regard to the exercise of 
certain occupations by foreigners. 

The Treaty concerning the residence of foreigners concluded 
between Switzerland and Germany on 14 November 1910 
provides an example of this type of international treaty. It 
regulates the right of nationals of each of the contracting 
parties to settle permanently in the country of the other party 
or to stay there temporarily for a longer or shorter period, on 
condition that and for such times as they comply with the laws 
and the police regulations of the country. In order to be able 
to claim this right, the persons concerned must produce a certi- 
ficate of origin. Nationals of each of the two contracting parties, 
who have settled permanently or are resident in the territory 
of the other, remain subject to the laws of their country of origin 
in regard to military service or the charges imposed in lieu of 
personal service ; in the other country they cannot be compelled 
to perform any military service whatever, nor to pay any charges 
imposed in lieu of personal service. They are treated in exactly 
the same way as nationals in regard to war indemnities or ex- 
propriation for reasons of public utility. They are entitled to 
maintenance and medical attendance in conformity with the 
regulations in force for nationals in the place where they are 
resident until they can be sent to their country of origin without 
danger to their own health or that of others. The cost of main- 
tenance and medical attendance and the cost of burial cannot 
be reclaimed from the country of origin nor from its public 
bodies or funds. If the person in receipt of relief or other persons 
who in conformity with civil law are liable for the payment of 
such expenses are in a position to make such payment, the right 
to demand refund of money expended for such purpose remains 
reserved. 

Nationals of each of the contracting parties expelled from the 
territory of the other must be admitted to their country of origin 
at any time. The wife of the person expelled and children who 
are minors, and are living with him, even if they do not possess, 
and have never possessed, the nationality of the country which 
is called upon to admit them, must also be admitted, provided 
that they have not become nationals of the other party or of a 
third State. The despatch of expelled persons must take place 
after direct correspondence between the proper authorities of 
the two countries. But preliminary correspondence shall not be 
required, and the expelled person shall be admitted by the fron- 
tier authorities without any other formality, if he possesses a 
certificate of origin or other vahd certificate of identity which 

— 361 — 



the contracting parties reserve to themselves the right to specify 
by an exchange of notes, or if, in the opinion of the frontier 
authorities, the actual or previous nationality of the expelled 
person appears to be indisputably established by other proofs. 

The method of admission of expelled persons, and in parti- 
cular the frontier zones and localities in which they are admitted, 
is to be regulated by means of an exchange of notes. The cost 
of transport of expelled persons to the place where they are 
admitted is defrayed by the country which expels them. Each 
of the tw^o parties has the right to reject nationals of the other 
country whose settlement or stay in their country may be 
prohibited, as well as persons who do not belong to either of 
the contracting parties. 

With the object of maintaining, after the abrogation of the 
Treaty of 31 May 1890, the facilities provided by Article 1, 
paragraph 2, in conjunction with Article 3, and those provided 
in Article 10 of the aforesaid Treaty, Switzerland and Germany 
concluded on 31 October 1910 a Treaty regulating certain rights 
of nationals of each of the contracting parties in the territory 
of the other. In conformity with this agreement, nationals 
of each of the contracting parties enjoy in the territory of the 
other the same legal protection as nationals for their persons 
and property. They have the right to exercise in the same way, 
and on the same conditions as nationals, all branches of industry 
and commerce without being subject to contributions, taxes 
or duties other or higher than those levied on nationals. The 
provision concerning the exercise of industry and commerce 
applies by analogy to the exploitation of rural property which the 
nationals of one of the contracting parties may possess in the 
territory of the other. 

Switzerland and Austria also concluded a Treaty concerning 
the residence of foreigners on 7 December 1875 ; it contains 
similar provisions in regard to the relief of nationals of the 
contracting parties. A certain number of similar treaties have 
been concluded by other countries. 



G. National Legislation authorising the Conclusion 
OF Treaties concerning Emigration. 



National laws have made provision for the regulation by 
means of international agreements of questions relating to 
emigration. The message of President Roosevelt M^hich led to 
the creation of the great American Immigration Commission 
in 1907 recommended that the United States should take the 
initiative in convening an international conference to discuss 
the question of immigration. This recommendation was formally 

— 362 — 



endorsed by the United States Congress, which on 20 February 
1907 gave the President the neeessary powers for this purpose. ^ 

After eonsultation with and subject to the approval of the 
Senate, the President of the United States is authorised to 
convene at his own discretion, in the name of the Government 
of the United States, an international conference to meet in 
a place to be fixed by agreement, or to send to foreign countries 
special commissioners with a view to regulating foreign inmii- 
gration to the United States, to providing for the mental, 
moral and physical examination of immigrants, through the 
medium of American consuls, or other representatives of the 
Government of the United States, either at the ports of embarka- 
tion or in some other place ; to secure the assistance of foreign 
Ciovernments in their own territory to prevent evasion of the 
United States immigration laws, to conclude such international 
agreements as may be deemed neeessary to prevent the inmii- 
gration of aliens to whom entry into the United States is or 
may be prohibited in accordance with United States legislation, 
and finally to regulate all questions relating to such immigra- 
tion. 

Article 3 of the Franco-Italian Convention of 1904, by which 
the two nations undertake to promote international legislation, 
runs as follows : — "Should any State take the initiative in 
inviting various governments to take part in an international 
conference for the purpose of standardising by means of con- 
ventions certain provisions of labour legislation, the adherence 
of one of the two governments to the proposed conference 
shall involve a favourable reply on the part of the other govern- 
ment." 

The Austrian Bill of 1913 contains certain provisions making 
it possible for the government to conclude international treaties 
of very wide scope in the matter of emigration, and in particular 
to allow it to institute legal proceedings abroad for offences 
committed by foreigners in Austria, or to secure compensation 
for damages sustained by Austrian emigrants. 

The Spanish Act of 1907 provides that the Government 
shall conclude international treaties with a view to preventing 
clandestine emigration and to improving the conditions of the 
emigrant. 

The Hungarian Act of 1909 authorises the Government to 
conclude reciprocal conventions with other States as a result 
of which Hungarian subjects emigrating in contravention of 
that Act would be stopped on their way across the territory 
of the other State and sent back to Hungary. On the other 
hand, in the ease of nationals of the foreign country being 



1 The Italian Emigration Office replied to this initiative in 1908, 
and fixed the lines of procedure for an international conference, the scheme 
being semi-oflicially communicated to the Government of the United States, 
and discussed with that Government in 1909. 



363 — 



found in Hungary after having migrated in spite of regulations 
in force in that country, the Act of 1909 lays down that the 
Hungarian Government alone will have the right to determine 
the procedure to be followed with a view to the deportation 
of such persons. 

Article 11 of the Honduras Act of 8 February 1906 authorises 
the Government to conclude treaties with other Governments 
concerning immigration and interior colonisation, if it should 
consider such a measure desirable. 

The Italian Acts of 1901 and 1919 expressly provide for the 
possibility of agreements to be concluded with other Govern- 
ments for the institution of offices for the protection of Italian 
emigrants and of enquir}' and employment offices for the benefit 
of such emigrants. 

The Italian Decree of 8 April 1920, which instituted in the 
General Emigration Office a social insurance commission for 
Italian emigrants in foreign countries, provides that the afore- 
said commission shall report on the clauses of draft labour 
treaties relating to social insurance. 

The Japanese law stipulates that the provisions of that 
law shall not be applicable either to persons who emigrate in 
accordance with a special treaty concluded by the Empire, 
or to emigration agents who make the arrangements for such 
emigration. 

The Czechoslovak Bill specifies that the Government shall 
be authorised to conclude emigration conventions, based on 
the principle of reciprocity ; by means of these conventions, 
compliance with the regulations of Czechoslovakia can be 
guaranteed in the countries concerned. The Government is 
empowered to conclude diplomatic conventions intended to 
regulate the relations of Czechoslovakia with other countries on 
the subject of social insurance, and to make the necessary 
arrangements in the laws and regulations in force with a view 
to rendering the protection of the insured persons and the 
insurance institutions effective. 



364 — 



CHAPTER II. 



SPECIAL TREATIES. 



The treaties which have been studied so far deal with the 
emigration situation as a whole and provide in a general way 
for the conditions of the emigrant. Whether it is a question of 
treaties of peace, of labour, of residence or commercial treaties, 
whether the Governments are making provision for the condi- 
tion of settlers abroad or in transit, or whether they are consider- 
ing the subject of nations or persons of white, yellow or black 
race, it is always the general conditions of life of the emigrants, 
while living abroad, which are regulated by these general 
treaties. 

The international conventions which will be studied now 
have not such a wide scope. They deal not with the whole 
life of the emigrant but with a particular question, such as 
insurance, savings, relief or some such protective measure, 
which it is necessary to make provision for. 

A large number of treaties have been concluded with refer- 
ence to these special cases so far as their application to foreigners 
is concerned. These special Conventions, however, are very 
important for the emigrant, who in that way has the support 
of his country in the midst of difficulties inseparable from his 
life abroad. Reciprocity is generally adopted as a basis of agree- 
ments intended to ensure this protection, in cases where the 
Governments hesitate to admit the principle of equality for 
both nationals and foreigners ; treaties are also inspired in 
many cases by broad considerations of social justice. 

In spite of their more restricted scope as compared with that 
of the general treaties considered in the previous chapter, it is 
necessary to examine in some detail those agreements which 
most frequently refer to special points of labour legislation. 



The special treaties which are considered in this chapter 
may be divided into two groups, those concluded by two States 
and those concluded by more than two States. 

— 365 — 



Up to now the former have mainly been concluded between 
neighbouring countries in which there was a movement of sea- 
sonal and temporary migration. Between such States there are 
generally continuous and frequent relations, and in such cases 
it is both easier and more urgent to act. In the case of trans- 
oceanic emigration, which is generally more important than 
continental emigration, very few treaties have hitherto been 
signed. 

Bilateral treaties which are adapted to the particular 
needs of the two countries concerned provide for these countries 
a special regime of reciprocity. 

The multilateral treaties, on the other hand, are the result 
of agreements among a large number of countries on a certain 
number of general principles applicable to the legislation of all 
the countries concerned. In order to forestall criticism, or from 
fear of competition, or in order to ensure fair treatment for 
their citizens employed abroad, the different Governments 
mutually undertake to adopt a uniform system. These multi- 
lateral conventions tend towards the establishment of a universal 
system, or, at least, a system of equality among all the contract- 
ing countries. These arrangements, which aim at satisfying 
considerations of a general moral character rather than parti- 
cular interests, were generally arrived at before the war on the 
initiative of the International Associations for Social Reform. 
Since the war and in accordance with the Treaty of Peace the 
League of Nations has the duty of drawing up general conven- 
tions of a political or economic nature, and the Permanent 
Labour Organisation conventions concerning labour ques- 
tions. These two kinds of international treaties and conventions 
are examined in the following pages. 



Section I. 



BILATERAL TREATIES. 

These treaties are devoted either to the development of 
labour legislation properly so called, or to the recognition of the 
rights of citizens in general. The first seven of the following 
sub-sections deal with the first aspect, namely that of labour 
questions. The concluding sub-sections cover subjects of interest 
to emigrants as a whole, including those who are workers. 

The first of the special treaties concerning provision for social 
welfare is the Franco-Belgian Agreement of 1882 on Savings 
Banks. 

Germany, by inserting in its protective legislation clauses 
promising reciprocity to such States as would grant to the 

— 366 — 



German workers on their soil equivalent advantages to those 
granted under the German laws, had already prepared the ground 
for international arrangements ; but the initiative for the first 
agreement of this nature came from France and Italy, who 
concluded the Convention of 15 April 1904, their purpose 
being "to assure to the worker reciprocal guarantees similar 
to those which commercial treaties have provided for the 
products of labour, and in particular : (1) to facilitate for the 
nationals of each contracting party working abroad the enjoy- 
ment of their savings and to grant them the benefit of social 
insurance ; (2) to guarantee to the workers the benefits of laws 
already enacted in their favour and to contribute to the progress 
of labour legislation." 

Following this treaty reciprocity in the matter of compen- 
sation for accidents was demanded by a large number of 
other States. Various countries entered into negotiations, 
resulting in the conclusion of the treaties mentioned below. 

The majority of these treaties refer to insurance, a subject 
which has given rise to more negotiations than any other. 

It should be noted that most of the special points referred 
to in these agreements are dealt with in the general treaties 
which have already been examined in Chapter I. No further 
reference will be made to those treaties. 



§ 1. Treaties concerning Insurance in General. 

The Franco-Italian Treaty of 15 April 1904 has been men- 
tioned. This agreement, which was the first in date, remains the 
prototype of its kind. It is very complete, since it passes in 
review all the usual forms of social welfare and of insurance 
(savings, accidents at work, old age pensions, unemployment, etc.) 
and also the regulation of inspection with a view to enabling 
emigrants from both countries to benefit as far as possible by 
one identical system of protection. ^ This treaty paved the way 
for a series of special agreements between France and Italy ; 
but these arrangements themselves were not sufficient for the 
attainment of the original programme, and in 1916 an exchange 
of views took place, which led to the general labour Treaty, 
which was signed at Rome on 30 September 1919. That treaty 
is analysed in Chapter I. 

An Agreement was concluded on 31 July 1912 between 
Germany "and Italv concerning workers' insurance. This agree- 
ment is based on Article 2a of the Treaty of 3 December 1904, 
supplementary to the Treaty of Commerce, Customs and Na- 
vigation of 6 December 1891 between Germany and Italy. 
The supplementary treaty makes effective provision for the 

1 Pic, La protection UgaU des travailleurs, Paris, 1909. 

— 367 — 



establishment of a special convention concerning workers' 
insurance. Insurance in Germany against accidents at work 
and accidents at sea on the one hand, and insurance in Italy 
against accidents in general, on the other hand, are considered 
as equivalent, and equality of treatment for the nationals 
of both countries and their surviving dependents is provided 
for in the case of this insurance. This equality of treatment, 
however, does not exclude the substitution of a lump sum for 
the pension which had already been provided for in certain 
cases by legislation in Germany. This lump sum is calculated 
in accordance with the general rules enacted by the German 
Federal Council on 21 December 1912. 

The Convention further establishes that any Italian 
whose name is on the books of the Cassa Nazionale di Pre- 
videnza per la invaliditd e per la vecchiaia degli operai or of 
the Cassa Invalidi delta Marina Mercantile, may demand the 
transference to the Cassa Nazionale di Previdenza of the ob- 
ligatory contributions which he has paid during his period 
of labour in Germany to the German insurance institutions, 
i.e., of half the sum paid on his account to these institutions. 
This transference carries wdth it the loss by the insured Italian 
and his surviving dependents of all right to payments from 
German insurance institutions against disablement or death. 
Thus, the German insurance institutions benefit to the extent 
of half the contributions paid on the account of the insured 
person, i.e., by that part which is paid by the employer, 
without their having to make an^^ payment in case of disable- 
ment or death. Italy made reciprocal concessions. German 
workers employed in Italy may be afhliated to the Cassa Na- 
zionale, which up to that time had only been available for Ita- 
lians: in the same way, Germans who are members of the crew of 
an Italian ship benefit by payments from the Cassa Invalidi 
della Marina Mercantile, the greater part of which had hitherto 
been exclusively reserved for Italians. 

The German-Italian Convention also makes provision for 
mutual assistance and legal assistance from the authorities, 
for reciprocal exemption from stamp duties and other fiscal 
demands, and also for the co-operation of the consular authorities 
so far as the notification of actions, enquiries and payments 
is concerned. The contracting parties finally reserve to them- 
selves the right of ensuring more completeh^ by means of ad- 
ditional conventions, equality of treatment for the nationals 
of both countries in the matter of insurance against disablement, 
old age and death. 

The Franco-Italian Agreement signed at Paris on 16 Fe- 
bruary 1920 and ratified on the 19th of the same month, enacts 
that " as concerns the special legislation in force in the terri- 
tories of Alsace and Lorraine which have been restored to 
France, the conditions under which the Treaty of 30 Sep- 
tember 1919 is to be applied, especially so far as concerns 

— 368 — 



insurance institutions against accidents at work, sickness, 
disablement, and old age shall be the subject of special arran- 
gements between the two countries." It is further agreed that 
benefits under the scheme instituted by the German-Italian 
Agreements of 31 July 1912 /25 March 1913 shall remain assured 
to Italian workers and their legal dependents as regards the 
ricrhts which have come into existence since 11 November 
1918 up to the date of these arrangements. 

Poland concluded an Agreement with France concerning 
social insurance on 14 October 1920. This was in fact provided 
for by the Agreement of 3 Septembder 1919, and its object 
is to regulate for French and Polish citizens the questions 
of social welfare, relief and protection of workers. 

The Articles of this Convention are an exact reproduction 
of those in the Franco-Italian Labour Treaty of 30 September 
1919, except for one difference, which should be noted. By 
Article 13 of the latter treaty, the State of residence has the 
right to receive from the State of origin the refund of the ex- 
penses of treatment in case of sickness for any period exceed- 
ing 45 days ; the refund applying only to the time in excess 
of the 45 days. The State of residence can also repatriate 
the person in receipt of benefits, at the end of the 45 days, 
if he can be moved. Articles 7 and 9 of the Franco-Polish Con- 
vention increase this period to 60 days. 

All Polish workers who are brought to France have to un- 
dergo a double medical examination (one in Poland and one 
in France) ; this is not the case for workers who go from Italy. 
The French Government introduced into the Chamber of 
Deputies, in the sitting of 16 February 1921, a Bill approving 
the Convention ^ Similarly the Polish Minister of Labour and 
Social Welfare introduced a Bill for the ratification of the Con- 
vention into the Diet on 30 July 1921. 

The Minister of Public Welfare in Czechoslovakia has opened 
negotia'^ions with the Austrian Republic on the one hand and the 
German Republic on the other hand with a view to concluding 
treaties concerning social insurance. 

The Act of 16 December 1911 (Articles 32 and 33) con- 
cerning Insurance against Loss of Health and for the Pre- 
vention and Cure of Sickness and for Insurance against Un- 
employment and for purposes incidental thereto (National In- 
surance Act, 1911) may here be mentioned. 
In virtue of the Act : 

"If an insured person ceases to be permanently resident 
in the United Kingdom and becomes a member of any society 
or institution established in a British possession or foreign 
country, of a kind similar to an approved society, which is 

1 This Bill has since b-en passed by the French Parliament ind came 
into force in France on 16 May 1922. 

-- 369 — 



approved by the Insurance Commissioners, or of any branch 
established outside the United Kingdom of an approved so- 
ciety, the transfer value of such person, or, in the case of a 
deposit contributor, the amount standing to his credit in the 
Post Office fund, shall be paid to such society or institution 
or branch ; but no such payment shall be made, unless the In- 
surance Commissioners are satisfied that the society, insti- 
tution or branch in question gives corresponding rights to any 
of its members becoming resident in the United Kingdom. 
"Where an arrangement has been made with the Govern- 
ment of any British possession or with the Government of any 
foreign State, whereby insured persons may be transferred 
to a society or institution established in the British possession 
or foreign State similar to an approved society or the Post 
Office fund, it shall be lawful for the Insurance Commissioners 
to make such arrangements as may be necessary for any such 
transfer as aforesaid, and for the determination of the amount 
to be transferred in any such case, and of the rights to which 
any person transferred is to be entitled ; so, however, that 
nothing in this Section shall affect the rights of a society under 
this Part of this Act to refuse applications for membership. 
"If a person who has for not less than 5 years been a member 
of an approved society for the purpose of this Part of this 
Act has ceased permanently to reside in the United King- 
dom, and does not join such a society, branch or institution as 
is in the last foregoing section mentioned, and the approved 
society is willing to permit him to remain a member of the so- 
ciety and to become entitled to benefits independently of this 
Act, the society may, subject to regulations by the Insurance 
Commissioners, transfer from the account of the society under 
this Part of this Act to the credit of the society independently 
of this Act such sum as would have been transferred to the 
Post Office fund had the member ceased to be a member of 
the society and become a deposit contributor, and so much 
of any reserve value which may have been credited to the 
society in respect of him as would in such a case have been 
cancelled shall be cancelled. " 



§ 2. Conventions concerning Accident Insurance. 



Argentina. 

A Convention concerning compensation for accidents at 
work, of which workers domiciled on the territories of the two 
contracting parties may be the victims, was concluded on 

— 370 — 



27 November 1919 between the Argentine and Spain ^. Under 
this agreement, the citizens of each of the signatory States 
who may meet with accidents at work in *he other State, and 
also their legal dependents, shall benefit by the compensation 
and advantages provided by the laws in force for the citizens of 
the said State. Notwithstanding any contrary regulations in force 
locally, the rate of compensation provided for under the pre- 
ceding article is maintained if the worker or employee who 
meets with the accident or his legal dependents have quitted 
the territory of the State where the accident occurred and 
inhabit another country. On the death of a Spanish worker 
in the Argentine Republic consequent upon an accident at 
work, or of an Argentine worker in Spain from the same cause, 
the legal dependents of the dead man are entitled to the le- 
gitimate legal compensation, whatever may be the country 
which they inhabit. On the death of a worker, consequent 
upon an accident at work in one of the two signatory countries, 
his legal dependents resident in the other contracting country 
are entitled to the legitimate legal compensation, whatever may 
be the nationality of the worker. It is stipulated that the Retire- 
ment and Pension Fund (Caja Nacional de Jubilaciones y Pen- 
siones), or the office which carries on its functions so far as con- 
cerns the payment of compensation for accidents at work in the 
Argentine Republic, and the analogous office in the kingdom 
of Spain must notify the respective consuls of the high con- 
tracting parties so that the facts may be communicated to 
the dependents. The regulations of the Convention arc appli- 
cable in all cases of compensation now pending before the 
National Retirement and Pension Fund in the Argentine or 
before the analogous office in Spain, provided that the obligation 
to pay has not lapsed. 

The Convention shall remain in force for five years, and 
shall be continued from year to year provided it is not 
denounced by either party. A year's notice of denuncii.tion 
must be given. 

Shortly after the signing of this Convention an agreement 
of the same kind was concluded between the Argentine and 
Italy. The regulations of the Italo-Argentine Convention, 
sicrned on 26 March 1920, are identical with tli( r (f the 
Hi^pano-Argentine Convention. 

Belgium. 

It must first be noticed that the Act of 24' Septi ) - 1 903 
concerning compensation for the results of ai cidenl^ work 

iQn 13 July 1922, the Spanish Government obtained the Royal sanetinn 
to ratifiv this Convention. The Argentine Government iru orpoiated the 
Convention in a BilJ constituting the Argentine La l;<.ur Cotk. viiici vas 
introduced into the Chamber of Ueputit s in a Message of 6 June 1<»21 ; it 
is embodied in the text of Articles 512-519. 

— 371 — . 



^ 



and the Act of 27 August 1919 amending the above-mentioned 
Act to meet war conditions apply to all Belgian or foreign 
workers working in. Belgium in a business undertaking subject 
to these laws. Similarly, as these Acts form part of public 
law (ordre public et statiit reel), all business undertakings sit- 
uated in Belgium, even when they are the property of foreigners 
and only employ foreign workers, are subject to the law if 
they come within the category of undertakings subject to the 
law. Seeing, however, that the application of this rule may 
give rise to legal inconsistency, certain treaties have been con- 
cluded between Belgium and foreign countries. 

The essential provisions of these arrangements will be 
briefly examined. 

Belgium concluded in 1905 a series of agreements which 
derived their inspiration from the treaties of 1904. The first 
in date was the Agreement of 15 April 1905 with the Grand 
Duchy of Luxemburg, under which " Belgian workers who 
meet with accidents at work in the Grand Duchy of Luxemburg 
and their legal dependents shall be allowed to benefit by the same 
indemnities and the same guarantees as the subjects of the 
Duchy, and reciprocally. This rule shall not apply to workers 
occupied temporarily, i.e., for a maximum period of six months, 
and who remain attached to a business undertaking situated 
in the territory of the other State, in which case only legislation 
of this latter State shall be applicable. The regulations of Article 
48, para. 2, and of Article 49, para. 4 of the Luxemburg Act 
of 5 April 1902 are suspended in the case of legal dependents 
of Belgian nationality. An additional Convention concluded 
at Brussels on 22 May 1906 provides further that benefits 
under the agreement shall not apply to persons attached to 
transport undertakings and occupied either intermittently 
or even habitually in the country other than that where these 
undertakings are located. 

The Agreement between Belgium and France of 21 Fe- 
bruary 1906 represents a model treaty. It is reproduced word 
for word in the Agreement between France and Luxemburg, 
concluded on 27 June of same year. Article 1 lays down as 
a principle complete equality of status for subjects of the 
contracting parties. In consequence, foreign workers who meet 
with accidents are entitled to compensation and guarantees 
granted under the law of the other State ; this privilege is not 
optional. This equality of status covers all benefits granted 
by laws concerning accidents and includes gratuitous legal 
assistance and all the fiscal exemptions provided in these 
laws. ^ In cases where laws conflict, Article 1 implicity lays 
down as a principle the application of the law governing 
the locality where the accident occurs and Article 2 provides 
for the two customary exceptions relative to workers tempo- 

1 Mahaim, Le Droit international ouvrier. 

— 372 — 



rarily detached and to the mobile staff of transport concerns. 
Article 3 guarantees reciprocity of treatment in the matter 
of fiscal exemptions and Article 4 obliges the respective 
authorities mutually to assist in the carrying out of the pro- 
visions of the agreement. 

The Convention relating to accident insurance concluded 
at Berlin on 6 July 1912 will be examined under the heading of 
Germany. Under the terms of the Convention concerning insur- 
ance against accidents at work concluded at the Hague of 9 Feb- 
ruary 1921 between Belgium and the Netherlands, business 
undertakings, which are subject to the laws of obligatory com- 
pensation for injury sustained as a result of accidents at work 
in virtue of the legislation of one or other of the contracting parties 
and which, whilst having their headquarters located on the 
territory of one party, also extend their activites over the ter- 
ritory of the other, are, so far as concerns work carried out 
in either country, exclusively subject to the legislation of that 
country. The application of this territorial principle is in any 
case suspended when the work in question is performed by 
persons domiciled in the territory of the country w^here the 
business undertaking is located. In this case the legislation 
of the country where the headquarters of the undertaking 
are located is applied. On this point, the agreement departs 
considerably from the principles established by previous in- 
ternational conventions. Previous conventions, in effect, took 
into consideration the fact that the worker was working away 
from home and did not refer to his place of domicile. On the 
other hand, the duration of the work performed abroad by 
the worker working away from home is no longer taken into 
account, so that the departure from the territorial principle 
is much greater in every respect than in preceding conventions. 
This is due to a peculiarity of Dutch legislation, which grants 
benefits under Dutch law to all persons domicilied in the Neth- 
erlands, so long as they are in the service of a Dutch employer 
(Article 9). The Dutch Government, however, was unable 
to renounce this principle, and so subjected Dutch subjects 
abroad to Belgian legislation, which, in certain cases, is per- 
haps less favourable. On the other hand, seeing that Belgian 
legislation is purely territorial and makes no provision for 
work performed abroad, there was nothing to prevent the Bel- 
gian Government from sanctioning this departure from the 
territorial principle, which assures in all cases legal compen- 
sation to its ow^n subjects. ^ 

Article 3 provides for the case of transport concerns. For 
the mobile portions of the undertaking which pass from one 
territory to the other, the law of the country where the head- 
quarters of the undertaking are situated always applies. 

1 See the report giving the reasons for the Bill approving the Conven- 
tion of 9 February 1921, Revue du Travail, Brussels, May 1921. 

— 373 — 



This law therefore regulates in every case the compensation 
for injury resulting from accidents of which members of 
the mobile staff may be the victims. 

The accident to which the compensation law in force in 
one of the States appHes cannot give rise to any action other 
than that authorised by the legislation of the State to which 
the said law belongs. 

The competent administrative and judicial authorities 
must give each other mutual assistance, in accordance with 
the regulations agreed upon between the two countries regard- 
ing civil and commercial matters. In virtue of this clause, 
it is specially necessary to apply the regulations of the 
international Convention concluded at the Hague on 17 July 
1905. In urgent cases, the authorities must even proceed ex- 
officio to an examination of the matter as though the execu- 
tion of a national law were concerned. The Convention estabUshes 
reciprocity in fiscal exemptions in the same way as pre- 
vious conventions of the same kind. The regulations con- 
cerning actions to which the accident may give rise, the mu- 
tual assistance to be rendered by the authorities and the fiscal 
exemptions remain applicable so long as the business under- 
taking concerned, in whatever country its headquarters are 
situated, only carries on its activities and is subject to insurance 
regulations in one or other of the two countries. Whenever, 
in applying legislation regarding accidents at work in one or 
other of the two countries, it is necessary to take into account 
the value of a salary fixed in the currency of the other country, 
the conversion is made on the basis of a mean value deter- 
mined by each of the two Governments for the application 
of its legislation which should be brought to the knowledge 
of the other Government. 

Czechoslovakia. 

Under the terms of Article 3 of the Convention of 20 March 
1920 between France and the Czechoslovak Republic, "so far 
as accidents are concerned, and in accordance with the last 
paragraph of the French Act of 9 April 1898 concerning accidents 
at work and under the conditions indicated in this paragraph, 
the restrictions provided for so far as concerns Czechoslovak 
workers who may meet with accidents, and also their legal 
dependents or representatives who are not resident or have 
ceased to reside in French territory, are completely abolished 
on account of the reciprocity assured to French workers by 
Czechoslovak legislation, which has been deemed to be equi- 
valent. An agreement concluded in the shape of an "under- 
standing between the competent administrative bodies in 
France and Czechoslovakia will lay down precisely the necessary 
regulations for the payment of pensions and allowances in France 
and Czechoslovakia." 

— 374 — 



Denmark. 

On 12 February 1919 an Agreement was concluded by 
Denmark, Norway and Sweden concerning reciprocity in the 
matter of compensation for accidents at work. This is not, 
strictly speaking, a bilateral treaty, inasmuch as three countries 
have adhered to it, but it is so closely connected in its general 
conception with the treaties concerning compensation for acci- 
dents which are analysed in this chapter, that this would appear 
to be the proper place to examine it. Under the terms of this 
agreement, the regulations of Article 34, paragraph 1, of the 
Danish law of 6 July 1906 concerning accident insurance shall 
not be applied to the surviving dependents of Norwegian or 
Swedish subjects. So far as Norway is concerned the regulations 
of Article 5 of the law concerning industrial workers shall not be 
applied to the surviving dependents of Danish or Swedish 
subjects. The regulations of the first part of Article 8 of the Act 
of 18 August 1911, amended by the Act of 30 July 1915, shall 
not be applicable to Danish or Swedish subjects nor to their 
surviving dependents, in cases where they reside or intend in 
future to reside in Denmark or Sweden. To the extent provided 
for in the case of Norwegian subjects in the Act of 13 August 
1915, Article 25, and in the Act of 18 August 1911, Second Part, 
Article 26, Danish or Swedish subjects and their surviving 
dependents who have resided outside Denmark, Norway or 
Sweden and return to one of these countries to take up their 
residence there are entitled to the compensation granted under 
the terms of the law. The medical examination provided for in 
the last paragraph of Article 4 of the Act of 18 August 1911 
may take place either in Denmark or in Sweden, and the certifi- 
cate granted by a Danish or Swedish doctor shall have the same 
validity as if it had been granted by a Norwegian doctor. 
With regard to Sweden, the regulations of Article 27 of the Act 
concerning accident insurance of industrial workers of 17 June 
1916 shall not be applicable as far as concerns Danish subjects 
not resident in Sweden nor as far as concerns Norwegian sub- 
jects resident in Denmark or in Norway. In accordance with 
these regulations, Danes residing in any country whatever and 
Norwegians residing in Denmark or in Norway, shall be entitled 
to compensation in accordance with the regulations of Articles 
6, 7 and 27 of the Act in question. Finally the regulations of 
Article 27 (second paragraph of the said Act) shall not be applic- 
able so far as Danish or Norwegian subjects are concerned. 

France. ^ 

The Franco-Italian Agreement of 9 June 1906 concerning 
compensation for accidents at work stipulates that workers 

1 For the Agreement of 21 February 1906 between France and Belgium, 
see Belgium. 

— 375 - 



or employees of Italian nationality who may meet with acci- 
dents owing to or during work performed on French territory, 
or their representatives, shall be entitled to the same compen- 
sation as that granted to workers or employees of French 
nationality or their representatives, and reciprocally. These 
regulations are hkewise applicable under the conditions provided 
for in the other articles of the agreement to the legal dependents 
who were not residing in the country where the accident took 
place on the date when it occurred, or who have since the acci- 
dent ceased to reside there. 

The Franco-Italian Agreement embodies, therefore, the 
principle of assimilation in the same way as the Franco-Belgian 
Treaty of 21 February 1906. The agreement regulates questions 
relative to the enquiries to be made at the time of the accident 
and allows the heads of business concerns and the insurers who 
have arrears owing, to pay the sums due into the hands of the 
consular authority, and decrees a series of measures intended to 
facilitate payments through the competent national funds. 

The Convention concluded between France and the Republic 
of San Marino, which was signed at Paris on 9 August 1917 and 
approved by a Decree of 27 July 1918, may be considered 
in connection with the above Agreement. The principal interest 
in this Convention is derived from the co-operation of the 
Italian Government which is implied by its terms. It extends 
to the nationals of the two countries the benefits of the Franco- 
Italian Agreement of 9 June 1906. In order to facilitate the 
application of this provision San Marino undertakes to adopt 
Italian legislation concerning industrial accidents, and the 
necessary transfer of money will be carried out by the Italian 
national funds. The necessary formalities will be fulfilled by 
the Consular authorities of San Marino, or, if there are none 
available, by the Italian Consular authorities. 

This Convention has been concluded for 5 years and may be 
prolonged from year to year by tacit agreement. 

These two Conventions, although they resemble each other 
in many ways, are independent and that signed with 
San Marino might exist quite apart from the 1906 agreement 
with Italy, which would, in that case, have to facilitate the 
carrying out of the Convention with San Marino concerning 
accidents at work, although the principal Convention had 
disappeared. ^ 

Another Convention was signed on 27 June 1906 by France 
and Luxemburg. Its text is precisely the same as that of the 
Franco-Belgian Agreement of 21 February 1906 cited above. 
The Anglo-French Agreement of 3 July 1909 concerning 
accidents at work is analogous to the other Conventions con- 
cluded by France, in that it embodies the principle of assimila- 

1 Piganiol, Le Traite du Travail Franco- Italien, 30 September 
1919, pp. 139-141, Toulouse, 1921. 

— 376 — 






tion and the application of the law valid in the locality of the 
accident, subject to the two usual exceptions for workers in 
transport concerns and workers abroad temporarily, i.e., for 
a period less than six months. But the ratification of the Treaty 
was made subject to modifications of the British legislation 
relating to the five points enumerated in Article 5. The first 
declares that compensation due to French subjects in England 
must be compulsorily fixed by the County Court, whilst English 
law permits the fixing of compensation by agreement between 
the parties or by arbitration. The other points provide likewise 
for the intervention of the County Court, and of the French 
National Pension Fund, with a view to facilitating the payment 
of pensions. An Act of 20 October 1909 authorised the British 
Government to introduce into the Act of 1906 concerning 
compensation for accidents at work all the modifications 
deemed necessary with a view to its application to French 
citizens. 

France, in consequence of Article 3 of the Franco-Polish 
Convention of 7 September 1919, has abrogated in favour of 
Polish workers the restrictive clauses in its legislation concerning 
accidents at work. France has also opened negotiations with 
the Czechoslovak Republic as a consequence of the Convention 
of 20 March 1920 with a view to concluding special reciprocity 
agreements on the question of accident insurance. 



Germany. 

Following the entry into force of the Belgian Act of 24 
December 1903, and at the request of the Belgian Government, 
the Federal Council of the German Empire, by Decree of 27 
February 1906, ordered the abrogation of restrictive regulations 
under German laws concerning foreign workers who may meet 
with accidents, and their legal dependents. This Decree is not 
a diplomatic agreement, but it plays the same part and is 
worth mentioning. 

According to this Decree, the said restrictive regulations 
shall not apply to Belgian subjects, even when persons entitled 
to pensions do not habitually reside in the districts of the 
kingdom of Belgium which, in virtue of the resolution of the 
Federal Council of 13 October 1900, are considered as the 
frontier region for the purpose of the regulations cited above. 
The right of drawing a pension is in any case subject to the 
condition that the person entitled to it, so long as he does not 
reside on German territory or in a foreign district classified as 
a frontier region, shall obey the present and future regulations 
decreed for persons of his nationality by the Imperial Insurance 
Office in virtue of the law concerning insurance against indus- 
trial accidents. As regards those persons entitled to pensions, 
the day on which the Decree comes into force is considered 

— 377 — 



as the day on which the regulations of the Imperial Insurance 
Office of 5 July 1901 are applied. The regulations under 
paragraph 21 of the Act concerning insurance against industrial 
accidents, and under paragraph 9 of the Act concerning insur- 
ance against accidents in the building trade, relating to the 
exclusion from all right to a pension of surviving legal depen- 
dents, do not apply to Belgian subjects, even when at the time 
of the accident they are not habitually residing in the districts 
of Belgium recognised as frontier districts. 

A similar system was introduced as regards Luxemburg, 
the whole territory of which was defined, by an Order of the 
German Federal Council, as a frontier district, and, as such, 
exempt from restrictive measures. The systern under which 
foreigners in Luxemburg were placed at a disadvantage as 
regards industrial accidents was similarly suspended on behalf 
of subjects of the German Empire from 12 May 1905. Another 
Treaty was concluded between Germany and Luxemburg on 
2 September 1905. It deals particularly with the legal points 
at issue ; it upholds the principle of the application of the law 
in force at the place of the accident, and deals especially with 
the case of undertakings working on the territory of both 
countries. ^ 

The Treaty of 27 August 1907 between Germany and the 
Netherlands closely resembles that of 2 September 1905 
between Germany and Luxemburg. It is interesting in that it 
attempts to abolish inconsistencies in the laws arising from 
Article 9 of the Dutch law. This Article resulted in effect in 
frequently imposing a double obligation to insurance upon 
employers, and on the other hand it sometimes happened 
that workers were completely uninsured ; moreover, workers in 
Dutch establishments whose German branch is comparatively 
unimportant do not come within the provisions of the German 
law, and if they are domiciled in Holland are not insured in 
either of the two countries. The Treaty deals first with business 
concerns which have establishments in both countries and lays 
down a territorial principle for the law concerning accident 
insurance. Any branch is henceforward to be considered and 
treated as an independent establishment. However, two excep- 
tions are made to this principle, the first (Article 2) for the 
"mobile" portion of transport concerns, the second (Article 3) 
for concerns of all kinds which have been in existence for less 
than six months. These two categories continue to be subject 
to the principle in force at the headquarters of the firm. The 
other clauses of the Treaty concern measures of administrative 
procedure. One of them (Article 7) stipulates that heads of 
business concerns cannot be forced in the case of accident 
insurance in either of the two countries to pay higher contri- 

^ Mahaim, op. cit. 

— 378 — 



butions or premiums by reason of the fact that the business 
which they control is located in the other country. ^ 

The Agreement of 6 July 1912 between Germany and Bel- 
gium provides that when businesses, which arc located on the 
territory of one of the contracting parties and which extend 
their activities over the territory of the other party, are subject 
to laws concerning compensation for accidents at work, only 
the legislation of the country where the said activities are exer- 
cised is applicable. In any case legislation of the country where 
the business is located remains applicable for the period of the 
first six months of its activities. So far as concerns the under- 
takings of the States, provinces and communes of the two 
countries, and the public officials in the service of these under- 
takings, the legislation of the country where the undertaking 
is located shall alone apply. Similar provision is made in the 
case of the mobile portions of transport undertakings. 

When, in either of the two countries, payments have been 
made by way of legal indemnity, in consequence of an accident 
the consequence of which must be compensated in accordance 
with the legislation of the other country, the debtor is bound to 
make the said payments. When an accident which has occurred 
on the territory of one of the two countries falls within the scope 
of the legislation of the other country, or when the enterprise 
concerned is liable for compensation within only one of the two 
countries, the legislation of this country shall also regulate the 
actions in the matter of civil responsibility which arise from the 
accident in virtue of the laws of the other country. The authori- 
ties of the two countries agree to grant mutual assistance and 
legal assistance. Exemptions from stamp duty and from other 
fiscal demands are applicable to the subjects of the other coun- 
try. The payment of compensation is effected by the autho- 
rities of either country, who should furnish, in addition, the 
necessary information. The system of provision for social wel- 
fare in force for German public servants, which in their case 
takes the place of insurance against accidents, is brought into 
conformity with the said insurance. This agreement is not 
retrospective. 

This Convention became ineffective owing to the war, and is 
now one of those whose maintenance the Belgian Government 
has notified to the German Government, which has recognised 
its survival by the application of Article 289 of the Treaty of 
Versailles. 

In accordance with the exchange of notes of 30 November 
1912 and 12 February 1913 between Germany and Spain con- 
cerning the reciprocal notification of accidents at work, of which 
Spanish sailors on German vessels or German sailors on Spanish 
vessels may be the victims, these accidents must be notified 
in the forrner case to the Spanish consul, if the accident has 

1 Mahaim, op. cit., p. 236. 

- 379 — 



occurred in a German or foreign port, and to the civil governor 
or alcade if it has occurred in a Spanish port. In German ports 
the notification is made by the German authority to whom the 
captain has made the declaration provided for under the law, 
and in foreign ports by the German consul. The latter is bound 
to notify the competent authority, where possible, within 24 hours 
of the arrival of the vessel in a Spanish port when the accident 
has occurred on the high seas. Reciprocally, when a German 
sailor serving on board a Spanish vessel meets with an accident 
at work, the Spanish authority to whom the declaration has been 
made or the Spanish consul, as the case may be, is bound to 
inform either the German consul or the police authority of the 
port. Similarly, the Spanish consul is bound to make the noti- 
fication as far as possible within 24 hours. The agreement does 
not apply to the colonies and dependencies of the two countries. 
The supplementary Agreement of 30 May 1914 between 
Germany and the Netherlands inserts in the Convention of 
27 August 1907 an Article 3, declaring that the place of domi- 
cile of the insured persons is henceforth immaterial, and that 
if an undertaking which comes within the provision of the said 
Convention is subject to accident insurance in one of the two 
contracting States, any person occupied in the said undertaking 
is, ipso facto, subject to accident insurance, whether or not 
he resides on the territory of the said State. 



Great Britain. ^ 

In accordance with the exchange of notes of 3 February 
and 2 April 1909 between Great Britain and Sweden, the widows 
and children of British subjects are entitled to the life pensions 
provided for by the Swedish Act of 5 July 1901, even if they 
are not domiciled in Sweden at the time of the accident, and 
Swedish legal dependents domiciled in Great Britain are autho- 
rised, subject to reservations provided in Article 6 of the Act 
cited above, to receive the life pensions to which they are entitled 
under the terms of that Act, these measures being reciprocal. 



Hungary. 

Under the terms of the Convention concluded between Italy 
and Hungary on 19 September 1909, each of the two States 
ensures to the subjects of the other State resident in its territory 
the same rights as those possessed by its own subjects in the 
other country. The legal dependents of victims of accidents 
are treated in exactly the same way as if they were resident 

1 For the terms of the Anglo-French Convention of 3 July 1909 con- 
cerning industrial accidents, see France. 

— 380 — 



in the country where the accident took place. The whole- 
hearted assistance of the local authorities is assured to the con- 
sular authorities of the two countries for the purpose of veri- 
fications relative to the exercise of the rights concerned. The 
body on which the compensation for injuries caused by the 
accidents falls may discharge its obligations in this respect by 
remitting to the competent body in the other country the capital 
sum which constitutes the pension. Moreover, either of the 
countries may use the respective body of the other country as 
an intermediary for the payment of pensions. The Convention 
also regulates exemptions from taxes, dues, etc. on documents, 
the arbitration of disputes which may arise concerning the 
interpretation or the application of the terms of the agreement, 
etc. 



Itahj. 1 

The Italo-Argentine Convention of 26 March 1920 con- 
cerning accidents ar work is analagous in substance to the Con- 
vention of 27 November 1919 between Spain and the Argentine 
Republic, which is considered elsewhere (see Argentine). 

In the Labour Treaty of 11 November 1920 between Italy 
and Luxemburg, already cited, the principle of equality of 
treatment is expressly applied inter alia to compensation for 
accidents at work. 



Luxemburg. 

The Agreements signed by the Grand Duchy of Luxemburg 
concerning accidents at work have been already noticed in the 
course of this study {See Belgium, France, Germany and Italy). 

Norway. 

See the Agreement of 12 February 1919 signed between 
Denmark, Norway and Sweden {See Denmark). 



Netherlands. 

The Treaty of 27 August 1907 between the Netherlands and 
Germany has been considered elsewhere (See Germany). For 
the Dutch-Belgian Treaty, see Belgium. 



1 For the Franco-Italian Convention of 9 June 1906 and the Italo- 
Hungarian Convention of 19 September 1909, see France and Hungary. 

— 381 — 



Spain. -^ 

The Argentine-Spanish Convention of 27 November 1919 
has been analysed in the section on Argentina. 



Sued €72. 

Agreement of 12 February 1919 with Denmark and Norway, 
alreadv cited, see Denmark. 

Exchange of notes of 3 February 1909 between Sweden 
and Great Britain, see Great Britain. 



Szcitzerland. 

Switzerland has not concluded any special treaty concern- 
ing either compensation for accidents at work or other matters 
of social insurance with foreign countries. Mention must, 
however be made of a measure taken by Belgium, which, by a 
Royal Decree of 20 February 1901. classed the canton of Neu- 
chlitel among the foreign States whose subjects benefit by the 
same subsidies as Belgian nationals. This measure in favour 
of the canton of Neuchatel is due to the fact that the canton 
by an Act of March 1898 established payments equivalent to 
those provided for by the Belgian Act of 10 May 1900. 



§ 3. COXVENTIONS CONCERXIXG OlD AgE AXD INVALIDITY 

Insurance. 

According to § 1233 of the German Insurance Act. the Fede- 
ral Council may decide that aliens who are generally subject 
to this Act may be exempt if their admission to Germany has 
only been authorised for a limited period. A measure to this 
effect was applied before the war to Polish workers from Austria 
and Russia engaged either mainly or secondarily in German 
agriculture and forestry. Agreements with these various coun- 
tries were concluded in the commercial treaties of 1905, but 
the present Polish Government no longer considers these pro- 
visions as valid -. 

By certain other provisions of the German Health Insurance 
Act aliens are also subject to a more special system, but these 
provisions do not appear to have given rise to international 
arrangements. 

1 For the exchange of notes of 30 November 1912 and of 12 February 
1913 between Germany and Spain concerning reciprocal notification of 
accidents at work affecting Spanish or German sailors, see Germany. 

- See Chapter I. § 5. 

— 382 — 



The following agreements have been concluded by France 
in regard to this form of insurance : — 

1. Agreement of 9 August 1910 with Italy, concerning 
payments made into the national pension funds. The object 
of this Agreement was to regulate the conditions under which 
paragraph 6 of Article 1 of the Franco-Italian Convention of 
15 April 1904 should be applied. This arrangement permits 
Italians living in France and French subjects living in Italy 
to make payments intended for the national fund in their own 
country and to enjoy their pensions when they fall due. The 
financial relations between the two funds are similarly regulated, 
and free postage is assured for the despatch of money for the 
funds. 

2. Convention with Belgium of 14 February 1921 with a view 
to guaranteeing to the nationals of the contracting parties 
working in French or Belgian mines the benefit of the special 
pension scheme for miners in force in each of the two countries^. 
French workers in Belgian mines benefit without any residential 
condition by the grants provided for by Belgian legislation 
relative to pensions. If they have worked for thirty years in the 
Belgian mines and if they also fulfil the other conditions as to 
age and continuity of service required under the special old- 
age pension legislation for Belgian miners, they are further 
entitled to the subsidies granted both by the State and by the 
welfare funds. Belgian workers in France who, at the age of 
55 years, have either served thirty years in the French mines 
(representing 7,920 effective working days) or have worked 
for wages in France for thirty years, of which at least fifteen 
were in the mines, benefit on the same terms as the French 
miners by grants and increases made both at the expense of the 
French State and of the autonomous pension fund for miners. 
It is, however, specified that in the case of those who have been 
unable, owing to residence in Belgium, to quahfy for a pension 
with the national fund for old age pensions, the increases from 
the autonomous fund are to be deducted in reckoning the pen- 
sion which will be equal to that to which they would be entitled 
if the payments provided for by the law of 29 June 1894 had 
been ruade. The persons concerned who have not completed 
thirty 3^ears of service, representing a minimum of 7,920 effect- 
ive working davs, either in the French mines or in the Belgian 
mines, but whose cumulative period of service in the mining 
entarprises of the two countries reach that figure, are entitled 
to a oension whose amount (including the subsidies granted 
by both States) is at least equal to the amount of the minimum 
pension fixed by the less favourable legislation. The pension 
scheme for' the widows of the workers in question is determined 

1 This Convention has come into force in France as a result of the 
Act of 12 May 192i. 

— 383 — 



by the legislation of the country which has paid the pension 
of their husbands, in cases where the husband was included 
in the category of workers whose period of service in the mines 
of one of the two countries amounted to thirty years. The 
widows of workers, whose cumulative period of service in the 
mines of the two countries has reached this figure, are entitled 
to an increase intended to bring the amount of their pension, 
when it falls due, to the minimum amount provided for by the 
legislation in the less favourable country. The advantages 
provided for under the agreement accrue to those workers who, 
after the date of its coming into force, fulfil the conditions as to 
age and length of service necessary for a claim to a grant or an 
increase. They likewise accrue to the Avidows whose claims arise 
after that date. In exceptional cases, where workers reside at 
the time that the Convention comes into force in the country 
in whose mines they have ceased to work, they are entitled to 
benefit by the advantages provided in the Convention if they 
satisfy the conditions as to age and length of service specified 
therein. Reforms to be subsequently applied in either country 
to the scheme of old age pensions at present in force shall be 
extended without restriction to the nationals of the other 
country. Difficulties relative to the application of the Conven- 
tion, when they cannot be regulated by agreement, shall be 
submitted to the consideration of one or more arbitrators. 

3. Finally, it should be mentioned that the Franco-Italian 
Treaty of 30 September 1919 established equality of treatment 
so far as concerns workers' and peasants' retirement pensions, 
including the special pensions of miners, always with the reserve 
that the rules wliich it established concerning the method of 
calculation and the payment of bonuses and grants at the ex- 
pense of the State shall be observed. 

Italy and Luxemburg have also adopted the principle of 
equality of treatment with regard to the laws concerning old 
age and invalidity insurance in the Treaty concluded on 11 No- 
vember 1920 between those two countries. 

Uruguay is at present negotiating agreements regarding 
old age and invalidity pensions in general and regarding pen- 
sions for employees and workers in the public services (railways, 
tramways, telephone, etc.) with countries which have similar 
legislation to its own. 



§ 4. Conventions on Unemployment Insurance and Relief. 

The first treaty to be concluded on the subject of insurance, 
the Franco-Italian Treaty of 15 April 1904, provided for the 
conclusion of agreements on the subject of unemployment 
insurance, but neither Italy nor France possessed well-devexoped 

— 384 — 



unemployment insurance systems, and the clause has therefore 
remained purely theoretical in character up to the present. 
Hitherto no real reciprocity convention seems to have been con- 
cluded with respect to this kind of insurance, but the subject 
arises in general treaties concluded between various govern- 
ments in connection with the recruiting of labour, and in par- 
ticular in the Franco- Italian Treaty of 30 September 1919, 
and the Treaty between Italy and Luxemburg of 11 November 
1920 referred to above, which provides for unemplovment 
relief for subjects of each of the contracting parties working 
in the country of the other. 

Further, the Draft Conventions adopted by the Interna- 
tional Labour Conference at Washington (1919) establish pro- 
visions of an international character with regard to unemploy- 
ment insurance and reciprocity, which will be dealt with later 
{see Chapter II, Section II, § 7). On the other hand, the various 
measures which have been introduced as a result of the present 
crisis and the unemployment relief granted to persons out of 
work have given rise to much diplomatic activity, although 
somewhat uncertain at present in view of the temporary and 
exceptional character of the legislation involved. 

Among the bilateral conventions which have thus been 
made, reference may in particular be made to those of Swit- 
zerland with various countries, notably with Czechoslovakia, 
Germany, Italy, the principality of Lichtenstein, and the Grand 
Duchy of Luxemburg. The most definite of these agreements 
is that recently concluded between Switzerland and Italy by 
an exchange of notes of 4, 11, 15 and 16 March 1921, containing 
the following provisions : — 

The Italian Government ensures to Swiss subjects resident 
in Italy reciprocity in respect of the application of the Decree 
of 30 January 1921, which contains provisions in favour of 
workers insured against unemployment, who through no fault 
of their own did not pav their contributions during the year 
1920. 

Switzerland has granted unemployment benefit to Italians 
residing in Switzerland since 1 January 1920. Residence must 
have been uninterrupted except in the case of mobilisation, 
and in this event the person concerned must have returned to 
Switzerland before 1 January 1921. This exception applies also to 
Italians who went to Italy in connection with their military duties, 
provided that they returned to Switzerland before 1 January 
1921, as well as to Italians who left Switzerland for a short 
period for family or business reasons. Italian subjects re- 
siding in Switzerland receive in francs the nominal value 
of the benefits granted in lire to Swiss subjects residing in 
Italy (1 franc = 1 lire). The amount of the benefit varies 
according to the normal wage, in conformity with the following 
scale : — 

— 385 — 



Class Daily Wage Benefit 

1. 1 to 4 frs. Fr. 1.25 

2. From 4 to 8 frs. Fr. 2.50 

3. More than 8 frs. Fr. 3.75 

The right to benefit is generally determined by legal 
provisions in force in each of the two countries. The agree- 
ment was to last three months, but unless it was denounced 
one month before its expiration was to be renewed for an 
indefinite period ; nevertheless, it can after that date be 
denounced at any time, 30 days' notice being given. The agree- 
ment came into force on 31 March 1921. 

Another series of conventions has been negotiated between 
Italy and France, Germany and Switzerland. These conventions 
do not as yet appear to have taken any definite shape. 

Foreigners in Germany have a right to unemployment 
relief (Erwerhslosenjursorge) in all cases where it can be proved 
that their own country grants equivalent relief to German 
citizens. This condition has hitherto been fulfilled in the case 
of Austria, Czechoslovakia, Danzig, Denmark, Italy, Luxem- 
burg and Switzerland. 

This provision is applicable in case of short time and also 
of total unemployment. 

The situation of alien workers in Austria has been the same 
as that of nationals in the matter of unemployment insurance 
since 1 July 1921. Special agreements have been concluded 
with Czechoslovakia, Germany, and Poland. 

Foreign workers residing in Belgium have a right to un- 
employment benefit on a basis of reciprocity. This condition 
is fulfilled at present for subjects of Great Britain, Denmark, 
Austria, Netherlands, and Poland. 

There are also a certain number of agreements relating 
to insurance against unemployment which have been concluded 
as a result of the Washington Convention on Unemploy- 
ment. Reference is made to these below. 



§ 5. Conventions concerning Health Insurance 

No international agreement seems to have been made 
relating solely to health insurance in contradistinction to 
insurance against accidents, old age and invalidity. Health 
insurance usually only affects the persons concerned for a limi- 
ted period, and then at a time when foreigners cannot in effect 
be transported to their own country. Foreigners may also 
easily be made subject to the same provisions as nationals 
without the intervention of international treaties and con- 
ventions. The majority of compulsory health insurance acts 

_ 386 — 



also apply equally to nationals and to foreigners. It may, how- 
ever, be remarked that Section 32 of the British Health In- 
surance Act provides for the possibility of conventions of 
this character. 

The German law also contains certain special j)rovisions 
for foreigners who are subject to the law. An Order of 17 
November 1913 authorised the exemption from its appli- 
cation of foreign workers engaged in inland navigation or 
on temporary work in the frontier district. 

As a rule national laws and conventions on insurance in 
general, together with treaties on the recruiting of labour 
abroad, are sufficient to regulate questions of health insurance ; 
hence the absence of special treaties. 



6. Treaties on the Protection of Workers. 



In this matter treaties are also unusual. Legislation for the 
protection of workers, particularly in connection with the 
work of children, young persons and women, the 
weekly rest day, the hours of work, night-work and the pay- 
ment of wages are all intended to apply to all persons working 
in the countrj^, whether nationals or foreigners. They impose 
definite obligations on the employers, who must respect them 
and see that they are respected with regard to all their workers, 
independent of nationality. In order to be of any practical value, 
international conventions can therefore only decide that foreigners 
should be more favourably situated in the country of immi- 
gration than its nationals. It is easily comprehensible that 
governments would be reluctant to adhere to such conventions, 
although this kind of claim has already been formulated, 
and may ultimately be included in special treaties as to the 
recruiting of labour. From another point of view these con- 
ventions may serve to define the scope and conditions of the ap- 
plication of labour legislation. 

The Franco-Italian Treaty of 15 April 1904 may be cited 
as an exemple of a Convention of this kind. In virtue of Ar- 
ticle 4 of that Convention, an arrangement was concluded on 
15 June 1910 between France and Italy concerning the pro- 
tection of young French workers working in Italy and of young 
Italians working in France. In general, and leaving out of 
consideration the reservations established under the arrange- 
ment, all the regulations of the French Act of 2 November 
1892, particularly with regard to ages and penalties, remain 
applicable to young Italians working in France. Similarly 
the regulations of the Italian Act of 10 November 1907 remain 
applicable to young French workers in Italy. 

— 387 — 



Under the terms of this arrangement, young Itahans in 
France and young French subjects in Italy, in order to obtain 
an identity iDOok for admission to work, as provided for by 
both nationals laws, must furnish to the municipal autho- 
rity a certificate made out on a special form to be obtained 
from the competent consulate. This certificate shall not be 
required either from Italians whose birth is entered on the 
French civil register, nor from French subjects whose birth 
is entered on the Italian civil register. The mayors shall only 
issue an identity book if the consular certificate is presented 
to them, bearing either a photograph of the holder stamped 
by the consulate on the certificate itself, or the signature of 
the holder written in the presence of the consul. This certificate 
shall be visead by the mayor, stamped with the seal of the com- 
mune, and attached to the identity book, of which it becomes 
an integral part. 

Regarding the admission to work in France of young Ita- 
lian workers of from 12 to 13 years, the certificate provided 
for by the Itahan Act of 15 July 1887, No. 3961, may replace 
the certificate of primary education required under the French 
Act of 28 March 1882, and reciprocally in the case of young 
French subjects of from 12 to 13 years working in Italy. Above 
the age of 13 years the certificate mentioned above shall not 
be required. 

All forwarding, proceedings, correspondence, or processes 
of legalisation, which come within the competence of the con- 
sular authority in the execution of the terms of the arrange- 
ment, shall be gratuitous. Similarly, consular certificates 
and other documents provided for in the arrangement shall 
be exempt from all dues and taxes, as has been provided 
for already by the laws of both countries, in the case of the 
labour identity book and the certificates necessary for obtain- 
ing it. 

During the whole period of employment of the young 
worker, his identity book shall remain in the keeping of his 
employer, and must be returned to him when he leaves such 
employment. Labour inspectors and police officers shall exam- 
ine, on their visits of inspection to industrial establishments, 
all identity books and consular certificates. They shall con- 
fiscate those which have obviously been irreguLily delivered, 
or to be in the possession of a young worker other than the 
person entitled to it. 

Admission to work in unhealthy or dangerous industries 
is regulated by the law of the country. In the case of glass 
factories, dangerous and unhealthy labour prohibited in 
the case of children in Italy shall be prohibited to children 
in France, and reciprocally. But owing to the differences 
existing between the French Act of 2 November 1892 and 
the Italian Act of 10 November 1907, concerning the age limit 

— 388 — 



to which legal protection extends, the decrees issued in each 
of the two countries in virtue of the national law shall spe- 
cify the ages between which this kind of labour shall be pro- 
hibited. Both Governments undertake to make every pos- 
sible effort to make these ages correspond in both countries, 
by means of regulations within the countries. For this pur- 
pose they undertake to bring about, if necessary, an interna- 
tional agreement as is provided for in Art. 3 of the Convention 
of 15 April 1904. The two Governments undertake also to or- 
ganise in the great industrial centres employers' committees 
whose labour shall be unpaid, and who shall include wherever 
possible representatives of the same nationality as the young 
workers. The sub-prefect or conseiUer de prefecture, the mayor 
of the commune, the labour inspector and the consul, shall 
be ^cT officio members of these committees, whose business 
it shall be to supervise the strict application of the laws and 
regulations and to ensure that equitable and humane treat- 
ment is given to young workers living away from their own 
family, and that as far as concerns them, hygiene and morality 
shall be respected. 



§ 7. Conventions relating to a Specified Occupation 
(sailors, miners, agricultural workers) 

International conventions do not always apply to the 
working class as a whole. Sometimes the members of some 
special trade are the subject of these arrangements. Among 
the occupations which have thus been given special consider- 
ation the chief one is that of seamen. 

Regarding this subject reference has already been made 
to the exchange of notes between Germany and Spain (see 
Treaties regarding accident insurance) concerning the re- 
ciprocal notification of accidents at work, of which Spanish 
sailors on German ships or German sailors on Spanish ships 
may be the victims. As concerns the assistance to be ren- 
dered in certain cases to distressed seamen, Denmark signed 
Declarations of 25 July 1883 with Great Britain ; 10 Au- 
gust 1883 with Sweden and Norway ; 31 March 1885 with 
Germany, and 21 May 1885 with Italy. These four identical 
agreements provided ^ that when a seaman belonging to one 
of the contracting States, after serving on board a ship belonging 
to the other State, happens owing to shipwreck or other causes 
to be reduced to a state of distress, whether in some third 
country or in the colonies of that country, or in the colonies 
of the State under whose flag the ship sails, the Government 
of this latter State shall be obliged to assist the seaman until 
he finds another ship or other employment, or until his ar- 
rival in his own country, or the colonies of his own country 

— 389 — 



or until his death. It is understood that a seaman in such a 
situation must take the first opportunity which presents itself 
of furnishing to the competent authorities of the State, whose 
assistance he claims, proof of his destination and its causes. 
He must further prove that this destination is the natural 
consequence of his leaving his ship, failing which the seaman 
shall lose his right to assistance. He shall also lose this right 
If he has deserted or has been dismissed trom his ship for 
having committed a crime or misdemeanour, or if he has left 
it owing to incapacity for work caused by a disease or disable- 
ment resulting from his own fault. The assistance rendered 
shall include maintenance, clothes, medical attention, medicines, 
traveUing expenses, and, in case of death, funeral expenses. 

Denmark also signed with Great Britain the Declaration of 11 
April 1877, concerning the heirs and dependents of British 
or Danish sailors, and with France the Declaration of 1 April 
1886, concerning the treatment of the heirs and dependents 
of distressed seamen of either country. 

Great Britain and Italy signed on 8 June 1880 an Agree- 
ment concerning assistance to distressed seamen, the terms of 
which are similar to those set forth in the case of Denmark. 

Norway has Agreements with Italv (12 June 1881), with 
Great Britain (12 July 1881), Sweden" (25 August 1909), the 
Netherlands (20 May 1912), concerning the relief of 
distressed seamen. 

Reference has already been made to the Franco-Belgian 
Convention of 1921 concerning retiring pensions for miners. 
Several conventions and recommendations of the International 
Labour Conference are similarly applicable only to certain 
categories of workers. This applies especially to the decisions 
of the second session relating solely to seamen and to those 
of the third session which dealt more especially with agri- 
cultural workers. Certain measures for health and safety also 
apply only to particular trades. The subject will be dealt with 
under the head of multilateral treaties. 



Besides international conventions relating to workers in 
general or to certain categories of workers, some bilateral conven- 
tions come up for consideration which cover the whole of the 
immigrant population without making a distinction between 
workers and the rest of the population. 



§ 8. Conventions relating to Savings and the 
Transfer of Money. 

Before the first official efforts were made to prepare inter- 
national labour legislation France concluded with Belgium an 

— 390 — . 



Agreement on 31 March 1882 relating to Post Ofllcc Savings 
Banks "with a view to granting new facihties to the depositors" 
of the two countries. 

The agreement consisted essentially in permitting the funds 
paid in as savings, either to the Post Office Savings Bank in 
France or to the General Savings Bank in Belgium, to be trans- 
ferred on the request of the persons concerned, without charge, 
from one country to the other through the medium of the 
respective postal administrations. The maximum amount of 
this transference was fixed in 1882 at 2,000 francs for each 
account, but on 4 March 1897 a new agreement was arrived 
at reducing this maximum to 1,500 francs because that was the 
sum laid down in the French Act of 29 July 1895 as the maximum 
individual deposit. A revision was necessary in any case so that 
the persons concerned might be granted free postage to a much 
larger extent. 

The provisions of the agreement of 1897 specified the con- 
ditions in which the transfer and repayment might take place. 
Each contracting State reserves to itself the right in case of 
force majeure or serious circumstances to suspend wholly or 
partly the benefits of the Convention. 

On 8 November 1902, Belgium signed with the Netherlands 
a Convention relating to co-operation between Dutch Post 
Office Savings Banks and the Belgian General Savings Bank. 
This agreement aimed at making detailed modifications in the 
Convention concluded between the two countries on the same 
question on 16 September 1883. The Belgo-Dutch Convention 
of 1902 is based on practically the same principles as the Franco- 
Belgian Agreement of 1897 except that it fixes no limit to the 
value of the money that can be transferred. 

With a view to carrying out Article 1 of the Franco-Italian 
Convention signed at Rome on 15 April 1901 a preliminary 
Agreement was concluded at the same time ; it refers ex- 
clusively to the Post Office Savings Banks of the two countries 
and it reproduces word for word the text of the Franco-Belgian 
Agreement. The second Agreement signed on 20 January 1906 
extends these provisions to ordinary savings banks. 

In addition to their convention with Belgium on the subject 
of savings banks, the Netherlands concluded special Treaties 
for the despatch of money with Great Britain and Ireland on 
7 October 1921, with the United States on 27 November 1886, 
and with Russia on 4 September 1904. 

Italy concluded on 25 September 1906 an Agreement aiming 
at the ^establishment of an international service between the 
Post Office Savings Banks of Italy and Egypt and also an 
agreement with Great Britain on the same subject which came 
into force on 1 January 1918. 

The Emigration and Immigration Convention concluded 
by France and Czechoslovakia on 20 March 1920 specifies that 
Regulations, agreed to by the competent French and Czecho- 

— 391 — 



Slovak administrations, will determine the conditions on which 
the money deposited by workers in the Savings Banks of one 
country shall be transferred to those of the other country. 



§ 9. Conventions concerning Relief and 
Repatriation. 



The question of relief for the subjects of contracting States 
and of their repatriation is dealt with in several general treaties 
relating to labour and the settlement of immigrants. Thus the 
Treaty referring to the recruiting of labour concluded on 13 May 
1904 between Great Britain and China deals with the repatriation 
of coolies ; the Franco-Italian Treaty of 30 September 1919 
lays down that "the procedure, conditions and the manner of 
repatriation and the method of determining the length of 
continued residence shall be regulated by the two signatory 
States in special agreements." The questions of invalids, lunatics, 
medical assistance and care are also regulated in this agreement. 
Similarly the Italo-Luxemburg Treaty of 11 November 1920 
deals with medical assistance and repatriation. 

One of the oldest agreements is that of Eisenach concluded on 
11 July 1853 between Austria, Germany and Luxemburg. 

It establishes the principle of reciprocity with regard to 
public relief and a renunciation of the repayment of expenses 
except in the case of action tpken against assisted persons who 
are in a position to pay. In this case contracting parties under- 
take to give reciprocal aid. 

Italy and the Principality of Monaco signed on 20 July 
1871 an Agreement in accordance with which the natives of one 
of the contracting parties who fall ill on the territory of the other 
(with the exception, however, of mental or chronic diseases) 
are attended to in the local hospitals. 

Special agreements on these questions are not, however, a 
novelty. Declarations relating to relief and repatriation of 
destitute subjects of the contracting parties were signed by 
Belgium with Germany on 7 July 1887 ; with Italy, 24 January 
1880 ; and with Switzerland, 12* November 1896. These agree- 
ments ensure to destitute persons residing in a foreign country 
the same benefits as those which are granted to the nationals 
of the country by the legislative provisions regarding public 
relief ; they stipulate, in addition, that the repatriation of 
destitute persons expelled for any reason whatever shall be 
carried out at the expense of the country which makes the 
expulsion, and the destitute person is to be furnished with the 
resources necessary to reach the frontier. In addition the expul- 

— 392 — 



I 



sion will be postponed as long as the state of health of the 
destitute person makes it necessary. The Italo-Belgian declar- 
ation adds that expulsion is not to be enforced if relief is neces- 
sitated only by temporary incapacity for work or if it is granted 
to a widow who is a natural born subject of one of the two coun- 
tries and who has acquired the nationality of the other by 
marriage. Destitute persons who are ill, infirm persons who 
become disabled, orphans, abandoned children and lunatics 
who are treated or maintained by public funds shall only be 
repatriated as a result of a previous request addressed by one 
of the Governments to the other through diplomatic channels. 
This request shall not be refused on the ground that the destitute 
person has lost his nationality, unless he has already acquired 
another. No person who has been expelled or conducted to 
the frontier and who has lost his nationality without having 
acquired another one can be rejected by the country in which 
he was born. Administrations which have advanced money 
either by way of relief or of other expenses can demand the 
recovery of this money before the courts of the country of 
which the person concerned is a national either against the 
latter or against other psrsons who are legally bound to provide 
for his maintenance. In the case of repatriation wives shall not 
be separated from their husbands nor children from their 
parents, except in the case of persons treated or maintained 
by means of public funds, to which reference is made above. 
Repatriation shall not take place if an agreement has been 
arrived at between the interested parties that the destitute 
persons shall continue to receive relief and that the expenses 
shall be repaid by the person legally liable (or on conditions 
which may be laid down). 

With regard to Denmark there is an Agreement of 11 Decem- 
ber 1873, together with additional declarations of 25 August 
1881 and 21 February 1898, with Germany, with a view to 
regulating the treatment of the subjects of one of the contracting 
parties who are without resources on the territory of the other 
and also the reception of individuals who are returned from 
the territory of one of the contracting parties to that of the 
other. Mention may also be made of the Conventions of 28 
July 1888 and of 26 May 1914 with Sweden and Norway concern- 
ing the relief to be granted to the subjects of one of the contract- 
ing parties who are without resources on the territory of the 
other party. 

France has recently concluded three Conventions dealing 
with the question of relief, with Belgium, Luxemburg, and 
Portugal. These Conventions are based upon the principles 
put forward by the International Relief Office. ^ 

Italy concluded Agreements with Germany on 8 August 



1 Cf. Piganiol, op. cit. 

— 393 



1873 and with Austria-Hungary on 10 December 1895. 
Notes were also exchanged on the subject of rehef for desti- 
tute persons with Bulgaria on 31 October 1880 and 20 April 1881, 
and with Luxemburg on 28 January and 25 February 1881. 

With regard to the Netherlands reference may be made to 
the declarations exchanged with Switzerland on 25 March 
and 17 April 1909 relating to the admission by one of the parties 
of the subjects of the other in lunatic asylums ; the exchange 
of notes with Norway, 2i May 1909 and May 1910 on the 
same subject ; the Treaty of 29 September 1910 with Argentina 
relating to medical assistance for destitute persons ; finally 
the Treaty of 11 February 1911 with France concerning the 
repatriation of lunatic and destitute subjects or former sub- 
jects. 

In Switzerland, in addition to the Declaration of 12 November 
1896 with Belgium, which has already been referred to, there 
is the Declaration of 6 and 15 October 1875 with Italy relating 
to reciprocal relief for destitute invalids and the Convention 
of 27 September 1882 with France relating to free relief for 
lunatics and abandoned children. These two agreements have 
been denounced, but they continue in force as a provisional 
modus Vivendi. 

Provisions relating to relief for foreigners are also to be 
found in the Convention of 14 September 1887 with France, 
which aims at ensuring the observation of the laws as to free 
compulsory elementary education; the Declaration of 16 May 
1889 with Portugal, "which aims at ensuring free reciprocal 
relief to destitute invalids; and the treaties regarding the settle- 
ment of emigrants concluded with Germany and Austria. 

The Convention between Switzerland and France applies 
only to lunatics and deserted children. France does not demand 
the repayment of the ordinary hospital expenses (French law 
of 24 vendemiaire, year 11, Chapter 5, Article 18) and the 
Swiss Cantons act similarly with regard to France. 

In addition, there are, so far as Switzerland is concerned, two 
settlement treaties which contain provisions relating to relief 
for foreigners. The treaty with Germany lays down the principle 
that each "of the two parties undertakes to provide that on 
its own territory the subjects of the other party who require 
relief shall be maintained and shall receive medical help in 
accordance with the rules in force for their own subjects, at 
the place where the person concerned is staying, up to the time 
when the return of the latter to the country of origin may be 
undertaken without danger to his own health or that of other 
persons, etc." The treaty with Austria contains identical 
provisions (see " Treaties concerning the Residence oi 
Foreigners"). 



— 394 



§ 10. Conventions concerning the Protection of Minors 

AND THE Infirm. 

The protection of infirm foreigners has been regulated 
in general terms in a number of consular agreements. The 
Franco-Swiss Treaty of 15 June 1869 in particular organised 
in a detailed manner the protection of persons by their 
consuls. The most important agreements, however, on this 
subject are at present contained in the two Hague Conventions 
of 12 June 1902 and 17 July 1905 to which reference will be 
made later under the head of multilateral treaties. 



§ 11. Treaties concerning the Right of Association. 

The principle of putting foreigners on a footing of equality 
with nationals in connection with the right of association is 
admitted to-day wherever the right of trade unions to a legal 
statute has been recognised. 

In certain cases, however, this right is limited with regard 
to the administration of associations which are composed 
partly or exclusively of foreigners ; the latter are, in such 
an event, excluded from the directorate, or the number of 
foreigners wdio are allowed to participate in the administration 
is more or less limited. These provisions come Avithin the 
domain of national legislation. 

The French Act of 21 March 1884 prohibits foreign workers 
in the colonies engaged under the title of immigrants (coolies, 
Chinese, Indians, etc.) from joining trade unions.^ 

General treaties frequently refer to associations of workers, 
as for instance the Labour Convention concluded between Italy 
and Luxemburg on 11 November 1920, but there is no special 
treaty concerning this right. 

The Treaty of Commerce signed at Rome on 23 March 1921 
Ijetween Italy and the Czechoslovak Republic also declares 
that a special labour treaty should be concluded by the two 
countries, in order, among' other things, to ensure to work- 
ers of one of the countries employed in the other equality of 
treatment with nationals, particularly with regard to the 
right of association and trade organisation. 

One of the Recommendations of the International Labour 
Conference which met at Washington in 1919 aims at securing 
for foreign workers, on condition of reciprocity and upon terms 
to be agreed between the countries concerned, the same right of 
lawful organisation as that enjoyed by nationals -. 

^ Mahaim, op. cit. 

2 Cf. Chapter II, Section II, § 7. 

— 395 — 



A Draft Convention adopted by the International Labour 
Conference at Geneva in 1921 requires Members of the Or- 
ganisation ratifying the Convention to secure to all persons 
engaged in agriculture the same right of association and com- 
bination as to industrial workers, and to repeal any statu- 
tory or other provisions restricting such rights in the case of 
those engaged in agriculture. 



§ 12. Agreements concerning the Nationality 
OF Emigrants, 

The nationality of emigrants has been made the subject of 
special agreements, such as that concluded on 26 May 1869 
between the United States of America and Sweden and Norway. 
Under the terms of this Treaty, Swedish or Norwegian subjects 
who have resided in the United States for six years without 
interruption, and who have become American citizens by natur- 
alisation, shall be considered as such by the Governments of 
Sweden and Norway, and reciprocally Americans who have 
resided continuously in Sweden or Norway for five years, and 
who have obtained' Swedish or Norwegian naturalisation, shall 
be regarded by the American Government as Swedish or Nor- 
wegian subjects. The declaration of intention to become citizens 
of one or other of the countries has in neither of the two countries 
the effect of legally acquiring nationality. Naturalised citizens 
who return to their country of origin continue to be liable to 
prosecution and legal punishment in accordance with the law 
of that country, for any crime committed before their emigra- 
tion, but not for the mere fact of having emigrated, subject to a 
reservation as to the scope cf the legislation of the country of 
origin, and of any other motive for acquittal. In cases where 
the subject of one of the parties, who has liecome a citizen of 
the other, takes up his residence once again in the territory of 
his country of origin, and requests to be permitted to take up 
his original nationality again, the Government of the country 
of origin is authorised to consider him immediately as its subject 
under such conditions as it may think suitable. The Convention 
of 26 May 1869 is followed by a protocol of the same date which 
lays down precisely the meaning of different clauses on points 
which might be variously interpreted. The Convention for the 
extradition of criminals and fugitives concluded on 21 March 
1860, between Sweden and Norway and the United States, 
remains in force without modification. 

Other Treaties concerning the naturalisation of emigrants 
have been concluded between the United States and Peru 
(15 October 1907) ; United States and Salvador (14 March 1908) ; 
United States and Portugal (7 May 1908) ; United States and 
Honduras (23 June 1908) ; United States and Uruguay (10 Au- 

— 396 — 



gust 1908) ; United States and Nicaragua (7 December 1908), 
followed by a supplementary Convention (17 June 1911) ; and 
United States and Costa Rica (10 June 1911), 

Among the Treaties signed by the United States regarding the 
nationality of emigrants, it is worth while to make special mention 
of the Treaty of 22 February 1868, with the North German 
Confederation, with a view to the regulation of the condition 
of emigrants coming originally from the latter State. Under 
the terms of this Treaty, after five years' domicile in America 
a German is considered as a citizen of the United States, and 
reciprocally an American becomes a German after five years' 
domicile in Germany. When the German who has become a 
citizen of the United States returns to his former country, he 
recovers his original nationality if he has no longer any desire to 
return to America. This desire to return is presumed to have 
ceased to exist after two years' domicile in Germany. 

Similar Conventions have been concluded by the United 
States with Belgium (16 November 1868) ; Mexico (18 July 
1868) ; Great Britain (13 May 1870) ; Austria Hungary (20 Sep- 
tember 1870) ; Denmark (1872) ; and the Republic of Haiti 
(22 March 1902). 



§ 13. Conventions relating to Passports and Frontier 
Police Measures. 

The passport system, which at the beginning of this century 
seemed to be gradually disappearing, re-appeared in every 
country during the war. A number of Acts and Regulations 
was passed everywhere, both as regards the passports them- 
selves and also with reference to the visa. Since the resumption 
of peace conditions, there has been some difficulty in getting 
rid of these papers, and international agreements are only 
slowly being concluded with a view to the suppression of visas 
and passports as between certain countries, although such 
agreements are now becoming more and more frequent. 

In general, these very substantial obstacles to emigration 
and immigration are abolished by bilateral conventions, some- 
times also by multilateral conventions. This diplomatic output 
is too plentiful and at the present moment much too incomplete 
for it to be possible to indicate here their constantly amended 
provisions. The question has been examined as a whole in 
connection with emigration legislation (see Part I, Chapter 3). 

Diplomatic agreements relating to frontier police and 
measures of supervision for undesirable aliens and immigrants 
are generally concluded in the form of bilateral conventions 
between neighbouring countries. They frequently affect the 
situation of immigrants very closely and very directly, and it is 
impossible, therefore, not to mention them here. But these 

— 397 — 



conventions are so numerous, so varied and so frequently modi- 
fied that no detailed analysis of them can be given. 

§ 14. Conventions relating to Public Health. 

Conventions relating to public health concluded between 
two or more countries for fixing the conditions under which 
their nationals are examined at the frontier often react pro- 
foundly on the conditions under which emigration and immi- 
gration take place. These measures may even go so far as to 
result in the temporary prohibition of emigration and immi- 
gration. Such conventions are, however, too numerous and 
too specialised in character to be examined here, besides which 
they generally do not refer to emigrants as such, but rather 
to travellers as a whole. 

As an exception to this rule, reference may be made to the 
public health Convention of 4 May 1914, concluded between 
Italy and Uruguay, which indicated under what conditions 
steps could be taken on board ship for ascertaining that mea- 
sures relating to disinfection and contagious diseases were 
being observed. Section 16 in particular runs as follows : " The 
two ^governments reserve the right to adopt special measures 
for ships which are found to be in an insanitary condition or 
overloaded. Ships, however, cannot be considered as overloaded 
if they are emigrant ships proceeding from an Italian port with 
a Royal Emigration Conmiissioner on board, and if they have 
the equipment provided for under Italian and Uruguayan emi- 
gration law, as well as the compulsory apparatus for disinfec- 
tion referred to under section 13, and provided that the number 
of emigrants and passengers does not exceed the maximum 
laid down under such law. 



Section II. 
MULTILATERAL TREATIES. 

Before the creation of the League of Nations and of the 
Permanent Labour Organisation there were very few of these 
agreements on the subjects of emigration, immigration, and the 
treatment of foreign workers. Reference may, however, be made, 
in connection with this period, to the Berne Labour Conventions 
of 1906, concluded on the initiative of the International Asso- 
ciation for Labour Legislation, as regards workers properly 
so-called, and, as regards immigrants in general, to certain 

— 398 — 



conventions relating to civil law, legal and charitable assistance 
and the white slave traffic. 

Since the Peace Treaties of 1919 and 1920 the number of 
multilateral conventions already adopted or in process of adop- 
tion, on the initiative of the League of Nations and the Inter- 
national Laliour Office, has increased. Among tlie former are 
the conventions relating to the transit of emigrants, to passports 
and the traffic in women and children. Among the latter are 
the numerous Conventions and Recommendations of the Inter- 
national Labour Conference which affect emigration and the 
equality of treatment of foreign and national workers. 

These Conventions are specially important because, unlike 
the bilateral Conventions to which reference has already been 
made and which can be denounced at any time by the Govern- 
ments concerned, they apply to a considerable num- 
ber of countries which have agreed to them as a result of dis- 
cussions in common and in accordance with a special procedure. 

These general Conventions are frequently open for the adher- 
ence of other States. They come into force even if they have 
not been ratified by all the contracting parties and their ten- 
dency is to constitute for a large part of the world new inter- 
national laws set up as a result of agreements. Although this 
procedure is only in its initial stages it appears likely that it 
will exercise a growing influence on the conditions of emi- 
grants, who constitute an essentially international population. 



§ 1. The Berne Labour Coxvextioxs of 1906. 

It is impossible to overestimate the importance of the Labour 
Conventions approved at Berne in 1906, which constituted 
the first agreements arrived at by a large number of European 
States in the sphere of international labour legislation, equally 
applicable to foreign and national workers in all the contracting 
countries. As a result of a vigorous propaganda carried on by 
the national sections of the International Association for Labour 
Legislation, and of the adoption of precise texts by their General 
Assemblies, the Swiss Government convoked the Governments 
to an international conference, which led to the conclusion of two 
general agreements known as theBerne Labour Conventions, 1906 
The first refers to prohibition of the night work of women in. 
industry, the second to the prohibition of the use of white 
phosphorus in the manufacture of matches. When the war 
broke out the former had been ratified by 14 States and the 
second by 7, and as a result of the efforts made by the Perma- 
nent Labour Organisation on the recommendation of the Inter- 
national Labour Conference at Washington in 1919, ten fur- 
ther States have since given their adhesion. 

— 399 — 



In 1914, other Conventions were in a more or less advanced 
state of preparation by the Association for Labour Legislation 
and other similar associations. They referred particularly to 
child labour, social insurance and emigration., and have not 
been reconsidered since. With regard to the International 
Conventions dating from before the war, it should be 
noted that those which have been adopted are automatically 
applicable to all workers in the country, both nationals and 
foreigners, without any formal declarations having been made 
on this point. 



§ 2, International Draft Convention concerning 
Charitable Relief for Foreigners (1912). 

As a result of a resolution of the Congress of Public and 
Private Welfare which Avas held at Copenhagen in 1910 on 
the initiative of the Danish Government, the Governments 
of Argentina, Austria-Hungary, Denmark, France, Germany, 
Great Britain, Greece, Italy, Japan, Luxemburg, Netherlands, 
Norway, Roumania, Sweden, Switzerland and the United 
States proceeded, on the invitation of the French Govern- 
ment, and with a view to settling the means of ensuring relief 
to destitute foreigners, to the appointment of delegates, who 
met at Paris on 16 November 1912. 

This Conference passed a Draft Convention on the basis 
of absolute equality of treatment for nationals and foreigners 
as far as questions of public relief, the reciprocal repayment 
of the expenses of relief, and exoneration for cases of tempor- 
ary relief are concerned. 

Destitute persons of each of the contracting States who, 
either as a result of physical or mental disease, pregnancy 
or childbirth, or for any other reason whatsoever, are in need 
of relief, of medical care or of any other form of help shall be 
treated on the territory of each one of the other signatory 
States in the same way as the nationals of those States. The 
different kinds of public relief in force in the country shall 
be applied to them, and especially the provisions relating to 
the relief of workers. Repatriation can be effected in the event 
of the reason which gives a right to relief appearing to be of a 
permanent character. If the State of which the destitute person 
is a subject does not authorise repatriation within 45 days 
of the notification by the State in which he is residing, it shall 
be bound to repay to the latter at the end of 45 days all the 
expenses of relief incurred up to the time when authorisation 
for repatriation is granted. If this authorisation arrives after 
the expiration of the delay of 45 days and at a time when the 
destitute person is no longer in a condition to be transported, 

— 400 — 



assuming that he could have been transported at the expiration 
of the delay mentioned above, the State of which the person 
concerned is a natural born subject shall repay to the State 
in which he resides the expenses of relief for the period between 
the expiration of the delay in question and the day when the 
transport of the destitute person once more becomes possible. 
The expenses of repatriation as far as the frontier of the State 
to which the person concerned is being sent and the expenses 
of assistance during this transport, as well as the expenses 
of burial, should this be necessary, shall in every case be borne 
by the State in which the person resides. The delay of 45 days 
shall be increased by 30 days if postal correspondence with 
the capital of the State in which the person was born takes 
more than 4 days, and by 60 days if such correspondence takes 
more than 12 days. 

Authorisation for repatriation granted by the State in which 
the person was born shall indicate the authority which is 
charged with the duty of receiving the destitute person as 
well as the place on the frontier where the person is to be han- 
ded over. The State in which the person resides shall indicate 
to the authority just referred to the day on which the destitute 
person is to be handed over. This communication shall be made 
at least 10 days before the date fixed, unless there is an agree- 
ment to the contrary. It shall indicate if necessary the num- 
ber of nurses required to receive the person who is being re- 
patriated. Repatriation shall not take place if the continuation 
of the relief is ensured and repayment of the expenses by the 
State in which the person was born is agreed to on conditions 
determined in each case. This repayment may be made either 
by philanthropic organisations or out of public funds. In the 
application of all these provisions the Government concerned 
shall take into account not only the interests of administration, 
but also humanitarian requirements and especially the situation 
of the family of the destitute person. As far as possible wives 
shall not be separated from their husbands nor children from 
their parents. Apart from cases specifically provided for, the 
repayment of expenses incurred for treatment, relief or other 
forms of help as well as, if necessary, the repayment of the 
expenses of burial shall not be demanded either from the State 
in which the person was born, from the province or commune 
in which he was born or from any other public authority in 
this country. Similar provisions apply in the case of transport 
expenses as far as the frontier of the State in which the person 
was born and the expenses of relief during the transport. Should 
the person concerned or other persons who are legally liable 
for his maintenance be in a position to pay the expenses in 
question repayment can always be demanded from them. 
Each of the contracting States \mdertakes to give all reason- 
able help within the limits of its legislation in facilitating the 
repayment of these expenses by the person legally liable. 

— 401 — 



Each one of the contracting States shall grant to the destitute 
subjects of the other so far as transit from its territory is con- 
cerned the same facilities and reduced fares as to its own desti- 
tute subjects. 

Correspondence between States with regard to these ques- 
tions shall be carried on through diplomatic channels unless 
there are special agreements authorising direct relations between 
the respective authorities in the States concerned. 

Every destitute person who is a national of the State in 
which he resides, and also of another State, shall be considered 
from the point of view of relief as a subject of the State in which 
he resides. The Convention does not affect the agreements, 
rules or customs concerning assistance to lunatic foreigners 
and their repatriation. 

The Governments of the contracting States reserve to them- 
selves the right of excluding by special agreement certain forms 
of rehef from the benefits of the Convention. The Convention 
shall not be applied as a right to the colonies or other depen- 
dencies of the contracting States. 

The war broke out before a new Conference could meet for 
the exchange of signatures, and the Convention has so far not 
been adopted definitely. However, the International Committee 
of the Public Rehef 'Congress has been meeting again since 
1920. It has resumed full activity and although it has not yet 
been successful in bringing about a general agreement it con- 
tributed to the insertion of clauses relating to relief in the 
Franco-Italian Treaty of 1919 and to the establishment of bi- 
lateral Draft Conventions drawn up in the form of model treaties 
which it is trying at the present time to have adopted by the 
different Governments. ^ 



§ 3. Convention regarding Legal Assistance 
TO Foreigners (1905). 

The Convention concluded at the Hague on 17 July 1905, 
regarding civil procedure, and signed by Austria-Hungary, Bel- 
gium, Denmark, France, Germany, Italy, Luxemburg, Norway, 
Netherlands, Portugal, Roumania, Russia, Spain, Sweden 
and Switzerland, stipulates in Article 20 that "nationals of each 
of the contracting countries shall have access to the benefits 
of gratuitous legal assistance, on the same terms as nationals 
of the country itself, so long as they act in accordance with 
the legislation of the State Avhere gratuitous legal assistance is 
claimed." Article 24 of the same Convention establishes that 
"physical restraint, either in order to carry out the law or merely 
for the protection of the subject himself, shall not be applied 

1 Piganiol, op. cit., pp. 164-165. (Cf. Chapter II, § 1, para. 9). 

— 402 — 



in civil or commercial matters to foreigners belonging to one 
of the contracting States, in cases where such measures would 
not be applicable to nationals of the country itself." A fact 
to which a national domiciled in the country may draw attention 
in order to obtain release from physical restraint, should have 
the same effect for the benefit of the national of a contracting 
State, even if the fact occurred abroad. 



§ 4. Convention concerning the Guardianship of Minors 
AND Insane Persons. 

The first Hague Convention of 1902 relating to the guardian- 
ship of minors regulates the relationship of Belgium, France, 
Germanv, Luxemburg, the Netherlands, Portugal, Roumania, 
Spain, Norway and Sweden and Switzerland by determining 
from the international point of view the measures which can 
and should be taken on behalf of foreigners whose age neces- 
sitates legal protection. The guardianship of a minor is, in 
accordance wdth this Convention, regulated by the law of the 
country of residence. If the law does not arrange for 
guardianship the diplomatic or consular agent can provide 
for it with the authorisation of the State of which the minor 
is a subject, in accordance with the law of this State, if the State 
in which the minor is habitually resident is not opposed to it. 

The guardianship is extended to the person and to all the 
property of the minor wheresoever the latter may be found. 
An exception may be made to this rule in the case of immovable 
property which may be placed under a special regime by the law 
of the countrv in which it is situated. Meanwhile the organisa- 
tion of the guardianship as w^ell as the necessary measures 
for the protection of the person and of the interests of a foreign 
minor in all cases of urgency may be taken by the local authority. 

The Convention is applicable only to the guardianship of 
foreign minors who have their habitual residence on the territory 
of one of the contracting States ; but this rule shall not prevent 
measures for the protection of the person or interests of a 
minor from being taken or information from being given by 
the authorities of one country to those of another. 

The Convention of 17 July 1905 signed by Belgium, France, 
Germany, Italy, the Netherlands, Portugal, Roumania, and 
Sweden deals with the guardianship of adults who are feeble- 
minded or afflicted with lunacy and the protective measures of 
a similar kind, such as the institution of a judicial council. 
In accordance with this Convention measures of restramt are 
regulated by the law^ of the country of which the person concern- 
ed is a subject. The competent authorities, in accordance with 
this law, determine the measures of restraint or arrange for 

— 403 — 



the guardianship. Provisional measures necessary for the 
protection of the person and property of the individual concerned 
may be taken by the local authority, which must inform the 
authority of the country of origin what it has done. Should 
the latter refrain from intervention or from replying withm 6 
months, the local authority is empowered to act ; if, 
however, the law of the country of which the person concerned 
is a subject specifies that the supervision shall be entrusted to 
a particular person this supervision shall be respected as far as 

possible. 1-1 

All provisions of the Convention are applicable either to the 
movable or immovable property placed under a special regime 
by the law of the country in which it is situated ; they are 
applicable either to restraint properly speaking or to the insti- 
tution of a guardianship as well as to all similar measures in 
so far as they involve a restriction on civil liberty. 



§ 5. Police and Passport Conventions. 

Almost all Conventions relating to frontier police take the 
form of bilateral agreements. An important exception to this 
rule was made at a Conference which took place in February 
1920 at Buenos Aires, and which was attended by representa- 
tives of the principal countries of immigration in South America 
(Argentina, Bolivia, Brazil, Chile, Paraguay, Peru and Uruguay). 
The principal object of this conference was to organise mutual 
protection against undesirable immigrants who frequently 
made use of round-about routes to obtain admission to the 
territory of a particular State. A general administrative Agree- 
ment was signed on 28 February 1920 which dealt with the 
exchange of information, with the co-operation of the police, and 
with the duty of South American States in the event of crimes 
committed by immigrants. In accordance with this Agreement 
the contracting parties undertook to transmit to one another 
information concerning all individuals who are considered a 
danger to society, relating particularly to their civil status, 
their aliases, information of a civil nature as regards parentage, 
occupation, identification (finger prints, photograph, descrip- 
tion). Moreover, they undertook to communicate immediately 
all information of a judicial character relating to condemnation 
of such persons and legal action taken against them, or to their 
departure or deportation from the country. 

Passport questions have usually been made the subject 
of national laws and regulations, the exact import of which 
is defined or limited by means of bilateral agreements between 
governments. Sometimes these agreements take the form of 
mutual engagements by several countries, as recently 



— 404 



took place in the case of the Succession States of the Austro- 
Hungarian Empire. ^ 

A general Conference on Passports, Customs Formalities, 
and Through Tickets took place, however, in Paris, on the 
initiative of the Provisional Committee for Communications and 
Transit of the League of Nations. On 21 October 1920 it adopted 
a series of resolutions, aiming above all at uniform national 
laws in these matters. Satisfactory replies have already been 
received from various governments.- 



§ 6. Conventions concerning the Suppression of the 
Traffic in Women and Children, 

The International Office for the suppression of the traffic 
in women and children was constituted as a result of the first 
international Conference which met in 1899 to consider the 
question. 

On the initiative of France a diplomatic Conference took 
place in 1902. On 25 July of that year it adopted a draft Con- 
vention, a draft Protocol, and draft Regulations, with a view 
to the suppression of the criminal traffic which consists in 
engaging women and girls for purposes of prostitution, and to 
taking measures for the protection of its victims. An 
Agreement in these respects was signed at Paris on 
18 May 1904. Under the terms of this agreement the 
contracting parties undertook : (1) to estabhsh an au- 
thority for centralising information concerning the white 
slave traffic ; (2) to exercise supervision with a view to tracing 
the abductors of women and girls intended for prostitution ; 
(3) to receive the declarations of prostitutes of foreign nation- 
ality with a view to establishing their identity and their civil 
status, and tracing those who persuaded them to leave their 
country ; (4) to hand over the victims of this criminal traffic 
who may be destitute to institutions for their assistance or to 
private individuals ; (5) to send back to their native country 
such women and girls as may demand their repatriation, or 
whose repatriation may be claimed by persons having authority 
over them. 

The contracting parties agreed, finally, to exercise super- 
vision over the offices or agencies which undertake to find situa- 
tions abroad for women and girls. 

In 1910 a fresh international Conference was held at Paris, 
which redrafted the draft Conventions and Protocols of 1902. 

1 Convention signed at Gratz on 27 January 1922 by Austria, Czecho- 
slovakia, Hungary and the Serb-Croat-Slovene State. 

2 See Part I, Chapter 3. 

— 405 — 



This conference resulted in an international Agreement and a 
Protocol signed on 4 May 1910. Under the terms of this Agree- 
ment each contracting State undertook in cases where its 
legislation was not sufficient to propose to its parliament neces- 
sary modifications. In ordering punishment for the crime which 
consists in seducing, abducting, or procuring for prostitution 
a woman or girl, whether minor or of age, the powers in 1910 
fixed one single age (20 years) for all countries, so far as con- 
cerns the minority or majority of the victim, with a view to the 
suppression of this crime. An international Conference to deal 
with the question of the white slave traffic was also convoked 
in 1913. This Conference voted certain Recommendations, 
but owing to the war they have been applied only to a relatively 
small extent. The Treaties of Peace of 1919 and 1920 have 
conferred on the League of Nations the task of preparing agree- 
ments on the subject of the traffic in women and children (Art. 
23 of the Treaty of Versailles). 

The Assembly of the League of Nations at its sitting on 
15 December 1920, decided that a questionnaire should be 
drafted by the Secretariat and dispatched to the Governments, 
and that the Council should request the countries which had 
signed the Conventions of 1904 and 1910, or which stood by 
those Conventions, to send representatives to an international 
Conference. This Conference, which opened at the end of June 
1921, adopted resolutions concerning in particular the ratifica- 
tion of the agreements of 1904 and 1910 ; the punishment of 
attempts or acts undertaken with a view to the perpetration 
of the crimes taken into consideration in the 1910 Convention ; 
the extradition of persons prosecuted or condemned for these 
crimes ; adoption by each country of measures for stopping 
the traffic ; the supervision of agencies and employment offices ; 
the issuing of reports by the Governments concerned on the 
appHcation of the measures taken with a view to the suppres- 
sion of the traffic ; the nomination of a consultative com- 
mittee under the auspices of the League of Nations ; the suppres- 
sion of the traffic in children and the suppression of mass depor- 
tations of women and children. 

The special provisions of interest to emigrants are covered 
by Articles 6 and 7 of the Convention, which run : 

" 6. The Conference recommends, in connection with the 
question of emigration and immigration, that all States should 
adopt such administrative and legislative measures as are 
required to check the traffic in women and children. It parti- 
cularly draws the attention of Governments to the necessity 
of providing for the protection of women and children travelling 
alone, not only at the points of departure and arrival, but also 
during the journey. 

" 7. The Conference recommends that the International 
Association concerned with the traffic in women and children 

— 406 — 



be invited to take concerted measures so as to provide for the 
return to their own country of women or girls who may have 
been expelled by the authorities of another country or may 
have been refused permission to stay there. " 

An appeal was also addressed by the Conference to the Inter- 
national Emigration Commission, appointed by the Permanent 
Labour Organisation, with a view to pointing out the utility 
of formulating precise regulations with a view to the suppres- 
sion of the traffic in women and children, which might even- 
tually be introduced into an international agreement on the 
subject of emigration and immigration. 

The minutes of this Conference were signed by delegates 
from the following 32 countries : Albania, Austria, Belgium, 
Brazil, Bulgaria, Canada, Chile, China, Czechoslovakia, Den- 
mark, France, Germany, Great Britain, Greece, Hungary, India, 
Japan, Lithuania, Monaco, The Netherlands, Norway, Panama, 
Poland, Portugal, Roumania, Siam, South Africa, Spain, 
Sweden, Switzerland and Uruguay. The process of ratification 
is still in progress ^. 



§ 7. Conventions and Recommendations of the 
International Labour Conference. 

As noticed above, the Peace Treaties of Versailles, St. Ger- 
main, Neuilly and Trianon charge the Permanent Labour Organ- 
isation with the duty of protecting the interests of workers 
when employed in countries other than their own, and among 
the principles which it is to try to have applied in every country 
they place the guarantee of equitable economic treatment for 
all workers lawfully resident in a country. 

The work of the Permanent Labour Organisation in these 
matters is carried out through the medium of the International 
Labour Conference which periodically brings together delegates 
of the States Members of the Organisation. Each Member is 
represented by four delegates, two being Government delegates, 
the other two representing respectively the employers and the 
workers. The two non-Government delegates must be chosen 
in agreement with the most representative organisations of 
employers and workers in the country concerned, if such organ- 
isations exist. Each delegate at the Conference, which may 

1 A note of the Secretary-General of the League of Nations states that 
on 21 March 1922, the last date on which the Convention could be signed, 
33 States had ofRciallv given their signatures and among them two States 
which are not Members of the League of Nations, namely Germany and 
Hungary. A certain number of these signatory States have made reserva- 
tions with regard to certain of their colonies. Other States can still adhere 
to the Conventions but they cannot figure among the signatories. 

— 407 — 



be compared both to a diplomatic conference and to a legis- 
lative assembly, has the right to vote individually on every 
question, but the decisions of the Conference must be submitted 
to ratification and approval by the governments of the various 
countries, and do not constitute resolutions which in themselves 
have international legal force. 

In accordance with the Peace Treaties, when the Conference 
has decided on the adoption of proposals, it must decide whether 
such proposals shall take the form of a Recommendation to be 
submitted to the Members for consideration with a view to 
effect being given to it by national legislation or otherwise, or 
of a draft international Convention, for ratification by the Mem- 
bers. In either case, when the text of these Recommendations 
and draft Conventions has been submitted to them by the Secre- 
tary General of the League of Nations, each of the Members 
undertakes to bring the recommendation before the authority 
or authorities within whose competence the matter lies, for 
the enactment of legislation or other action, within the period 
of one year from the closing of the session of the Conference, 
and in exceptional circumstances, within 18 months. The draft 
Convention becomes a Convention as soon as two or in some 
cases three governments have ratified it. Subsequent ratifica- 
tions are then added to it. 

The International Labour Conference has held three sessions. 
The first, at Washington in 1919, adopted six draft Conventions 
and six Recommendations ; the second, at Genoa in 1920, 
devoted to maritime questions, adopted three draft Conventions 
and four Recommendations. The third, at Geneva in 1921, 
adopted seven draft Conventions and eight Recommendations. 
Three of these draft Conventions and seven of the Recommenda- 
tions refer to agriculture. 

This is a new and important form of international activity, 
the results of which are dealt with in the various publications 
of the International Labour Ofhce. Reference can only be made 
here to the fact. that the 16 draft Conventions relate to the 
following questions : 



First Session (Washington, 1919). 

1. Limitation of the hours of work to eight in the day 

and forty-eight in the week ; 

2 . Unemployment (exchanges, insurance, and statistics) ; 

3 . Employment of women before and after childbirth ; 

4 . Night work of women ; 
Minimum age for admission of children to industrial 

employment ; 
Night work of young persons employed in industry. 



o 



— 408 — 



Second Session (Genoa, 1920). 

7 . Minimum age for admission of ciiiklren tf) employment 

at sea ; 

8. Unemployment indemnity in case of loss or foundering 

of the ship ; 

9. Facilities for finding employment for seamen. 



Third Session (Geneva, 1921). 

10. Age for admission of children to employment in agri- 

culture ; 

11. Right of association and combination for agricultural 

workers. 

12 . Workmen's compensation in agriculture ; 

13. Use of white lead in painting: 

14. Application of the weekly rest in industrial under- 

takings ; 

15. Minimum age of admission of young persons to employ- 

ment as trimmers and stokers ; 

16. Compulsory medical examination of children and young 

persons employed at sea. 

At the beginning of 1922 all the Washington Conventions 
and two of the Genoa Conventions (facilities for finding employ- 
ment for seamen and the minimum age for admission to employ- 
ment at sea) had come into force. 

The majority of the Conventions and Recommendations 
refer to questions of public law, which are automatically applic- 
able to foreign workers as well as to nationals. Some of them, 
however, contain provisions of special importance to emigrants 
and foreign workers. Reference may be made to : 

(1) The Washington Convention on unemployment which 
was ratified before 1 January 1922' by Denmark, Finland, 
Great Britain, Greece, India, Norway, Roumania, and Sweden. 
This Convention has given rise to legislation in British Colum- 
bia, Denmark, Japan, Norway, Roumania, and Spain, and to 
Bills in numerous other countries. By this Convention all 
these countries must establish a system of free public employ- 
ment exchanges, under the control of a central authority. 
The operations of the various national systems are to be co-ordi- 

1 The Official Bulletin of the International Labour Office publishes 
periodical Notes upon the measures taken to give effect to tiie Draft 
Conventions and Recommendations adopted by the International Laljour 
Conference. 

— 409 — 



nated by the International Labour Office, in agreement with the 
countries concerned. 

Another provision of the same Convention, relating to 
unemployment insurance, has special reference to foreign 
workers. It states that "The Members of the International 
Labour Organisation which ratify this Convention, and which 
have established systems of insurance against unemployment 
shall, upon terms being agreed between the Members concerned, 
make arrangements whereby workers belonging to one Member, 
and working in the territory of another, shall be admitted to 
the same rates of benefit of such insurance as those which 
obtain for the workers belonging to the latter." 

(2) The Washington Recommendation on the question of un- 
employment, which has already given rise to legislation in nine 
countries (Belgium, Denmark, France, Germany, Great Britain, 
Greece, Italy, Poland, and Spain) and to Bills in several other 
countries, contains the following Article : — 

"That the recruiting of bodies of workers in one country 
with a view to their employment in another country should 
be permitted only by mutual agreement between the countries 
concerned and after consultation with employers and workers 
in each country in the industries concerned." 

(3) A Recommendation on the reciprocity of treatment of 
foreign and national workers, which has resulted in legislative 
measures in eight countries (Argentina, Belgium, Czechoslovakia, 
France, Italy, Luxemburg, the Netherlands, Poland) is of 
particular importance from the point of view of foreign workers, 
and its origin and scope should therefore be referred to in greater 
detail. 

At its sitting of 29 August 1919, as a result of a communica- 
tion from the Commission on International Labour Legislation 
of the Peace Conference, the Supreme Council of the Allied and 
Associated Powers decided not to deal with the rights and 
privileges of allied workers in .enemy territory and vice versa 
in the Treaty with Austria, and to refer the resolution of the 
Commission on International Labour Legislation to the Inter- 
national Labour Conference at Washington. 

In November 1919 the International Labour Conference at 
Washington, after discussing the resolution submitted to it in 
committee and in a plenary session, recommended to the States 
Members of the Permanent Labour Organisation : — 

"That each member of the International Labour 
Organisation shall, on condition of reciprocity, and upon 
terms to be agreed between the countries concerned, 
admit the foreign workers (together with their families) 
employed within its territory to the benefits of its laws 
and regulations for the protection of its own workers, 
as well as to the right of lawful organisation as enjoyed 
by its own workers." 

— 410 — 



(4) The Recommendation concerning the hmitation of the 
hours of work in inland navigation, adopted by the second session 
of the International Labour Conference (Genoa, 1920), invites 
countries whose territories are riparian to waterways which 
are used in common by their boats should enter into agreements 
for limiting the hours of work of j^ersons emploved in inland 
navigation on such waterways. This Recommendation has given 
rise to Bills and other preliminary measures in Chile, Denmark, 
Germany, Netherlands, and Poland. 

(5) A Recommendation adopted at the same session, which 
has resulted in the introduction or drafting of Bills in eleven 
countries (Argentina, Canada, Denmark, Finland, France, 
Germany, Italy, Norway, Poland, South Africa, and Sweden), 
urges the establishment in every country of a seamen's code 
which is to provide a clear and systematic codification of the 
national law in each country, so that the seamen of the world, 
whether engaged on ships of their own or foreign countries, 
may have a better comprehension of their rights and obligations 
and also so as to facilitate the establishment of ah International 
Seamen's Code. 

(6) The Genoa draft Convention concerning unemployment 
indemnity in case of loss or foundering of the ship, which has 
not yet come into force, provides the first instance of inter- 
national legislation on a special form of insurance in an occupation 
in which the number of workers employed abroad is particularly 
large. This draft Convention stipulates that 'in case of loss or 
foundering of any vessel, the owner or person with whom the 
seaman has contracted for service on board the vessel shall 
pay to each seaman employed thereon an indemnity against 
unemployment resulting from such loss or foundering. 

"This indemnity shall be paid for the days during which the 
seaman remains in fact unemployed at the same rate as the 
wages payable under the contract, but the total indemnity 
payable under this Convention to any seaman may be limited 
to two months' wages." 

(7) The Convention concerning facilities for finding employ- 
ment for seamen, adopted at Genoa which has been ratified by 
Sweden and Norway, and has given rise to Bills in several 
other countries, contains several provisions from which the many 
seamen abroad may derive benefit. The main principle of the 
convention is to be found in Article 4, which runs : 'Each 
Member which ratifies this convention agrees that there shall 
be organised and maintained an efficient and adequate system 
of pul3lic employment offices for finding employment for seamen 
without charge. Such system may be organised and main- 
tained either (1) by representative associations of shipowners 
and seamen jointly under the control of a central authority, 
or (2) in the absence of such joint action, by the State 
itself. 

— 411 — 



"The Avork of all such employment offices shall be adminis- 
tered by persons having practical maritime experience. 

"Where such employment offices of different types exist, 
steps shall be taken to co-ordinate them on a national basis." 

The obligation to take steps to secure equality of treatment 
for the seamen of all countries is secured by Article 8 : "Each 
Member which ratifies this Convention will take steps to see 
that the facilities for employment of seamen provided for in 
this Convention shall, if necessary by means of public offices, 
be available for the seamen of all countries which ratify this 
convention, and where the industrial conditions are generally 
the same." 

Further, "The International Labour Office shall take steps 
to secure the co-ordination of the various national agencies 
for finding employment for seamen, in agreement with the 
Governments or organisations concerned in each country." 

(8) Among the measures which the third International 
Labour Conference, held at Geneva in 1921, adopted, reference 
should specially be made to those recommending that the 
Washington Convention and Recommendation on unemploy- 
ment should be applied to agriculture, in which many immigrants 
are frequently employed, to the Convention relating to the 
rights of association and combination of agricultural workers, 
and to the provisions relating to the extension to wage earners 
in agriculture of the benefits provided under systems of insurance 
against sickness, invalidity, old age and other similar social 
risks on conditions ccjuivalent to those prevailing in the case of 
workers in industrial and commercial occupations. A draft 
Convention on workmen's compensation in agriculture is of 
special interest to foreign workers. In effect it states that the 
Members of the International Labour Organisation shall extend 
to all agricultural wage earners employed in their countries 
their laws and regulations which provide for the compensation 
of workers for personal injury by accident arising out of or in 
the course of their employment. 

Such are the chief Conventions and Recommendations 
with a bearing on emigrants working abroad which have been 
adopted by the International Labour Organisation, and which 
are all in process of ratification and execution by the Govern- 
ments. 

The International Labour Conference of 1922 will have 
on its agenda the question of the communication of statistical 
and other information regarding emigration and immigration. 

The International Emigration Commission ^ appointed by 
the Governing Body of the International Labour Oftice in 1920 

1 See International Labour Office : Report of the International Emigra- 
tion Commission, Geneva, 1921. The various Resolutions of the Commisl 
sion which are to be examined by the Governing Body of the Internationa- 
Labour Office are as follows : — 

— 412 — 



as a result of a Resolution passed by the International Labour 
Conference at Washington in 1919, proclaimed the need for an 
improvement of the documentary information available and 

Statistics. 

1. Each ^Member shall communicate to the International Labour Of- 
fice, at intervals as short as possible and not exceeding three months : — 

All available information, legislative, statistical, or otherwise, con- 
cerning emigration, immigration, the repatriation and transit of emigrants, 
including reports on measures taken or contemplated in respect of these 
questions. 

Whenever practicable, the information referred to above shall be 
made available for such communication not later than three months after 
the end of the period to which it relates. 

2. That the Director of the International Labour Office be re- 
quested to consult the statistical departments of Members with a ^^ew 
to proposing the form of a suitable schedule to be submitted to the 1922 
Conference. 

International co-ordination of measures for the protection of emigrants. 

3. The Commission requests the Governing Body of the International 
Labour Office to take all measures necessary to ensure that the Technical 
Emigration Section, assisted, if necessary, by a few experts, shall investi- 
gate the question of international co-ordination of legislation affecting 
emigrafion. 

Employment of etnigrants. 

4. Each ]Member should undertake to place at the disposal of emigrants 
and immigrants the services of its public emplo\Tnent exchange systems 
in addition to the special services which may exist for the purpose of as- 
sisting them in seeking emplojTnent. 

5. For this purpose it would be desirable that permanent relations 
should be established between public employment exchanges and the public 
services of emigration or of immigration or of both where thej^ exist. 

6. Each Member should undertake to furnish to the public employ- 
ment exchanges of other countries which may apply for it all available 
information necessary for the proper carrying out of the provisions of 
Resolution 4, particularly as regards contiguous frontier areas. This 
exchange of information will be effected either directly between the 
competent exchanges or by other means established by the appropriate' 
authority. 

7. It is desirable that in localities where emigrants and immigrants 
are concentrated in large numbers, an organisation should be set up to 
find them employment and to provide them with any information which 
may concern them, having regard to the conditions mentioned in the two 
pre\ious resolutions. 

Equality of treatment of foreign and national workers. - 

8. It is desirable that, in default of legislative measures already 
existing in the various countries, the Members of the International Labour 
Organisation should take steps to bring about as far as possible by means 
of international conventions equality of treatment between immigrant 
workers and their dependents and their own nationals, particularly in 
respect both of labour and social insurance legislation, and of relief, and 
of the right of association for trade union purposes. 

— 413 — 



the drawing up of comparable statistics. In the Report of the 
Commission which contains the programme of the international 
measures to be considered with a view to alleviating the lot of 

9. The International Labour Office is requested to prepare a report 
for submission to a future Conference with a view to bringing about as 
far as possible uniformity of legislation in respect of social insurance, either 
between all count