CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY 1854-1919 AND BEQUEATHED TO CORNELL UNIVERSITY Digitized by Microsoft® Cornetl University Library JV6033.U58 1911 The immigration situation in other count 3 1924 021 191 139 OLIN LIBRARY - CIRCULATION DATE DUE cfd>iNrr* ©tr iu 1 Wffife? "9*199^ 3 -'- — '■ JUN ^\ ^J^ CAVLORO ^HINTBDINU'S-A. Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® 61sT Congress 1 ot?».t a m7 ' ! Document / SENATE I jj^_ 7g^ ■ REPORTS OF THE IMMIGR^ION COMMISSION THE IMMIGRATION SITUATION IN OTHER COUNTRIES CxlI^ADA, AUSTEALIA, iP^EW ZEALAXD, AEGEI^TII^A, BEAZIL ""%, Peesbnted by MR. DILLlNGi^M \' December 5, 1910. — Referred to the Committee ob Immigration and ordered to be printed \ WASHINGTON GOVEBNMENT PRINTING OFFICE ' ,' ' -■ ' ^ Digitized df Microsoft® 6oZ3 THE IMMIGRATION COMMISSION. Senator William P. Dillingham, Eepresentative Benjamin F. Howell. Chairman. Eepresentative William S. Bennet. Senator Henry Cabot Lodge. Representative John L. Burnett. Senator Asbury C. Latimer." Mr. Charles P. Weill. Senator Anselm J. McLaubin.* Mr. Jeremiah W. Jenks. Senator Le Roy Percy." Mr. William R. Wheeler. Secretaries: Morton E. Ckanb. W. W. Husband. C. S. Atkinson. Chief Statistician: Fred C. Croxton. Extract from act of Congress of February 20, 1907, creating and defining the duties of the Immigration Commission. That a commission is hereby created, consisting of three Senators, to be ap- pointed by the President of the Senate, and three Members of the House of Representatives, to be appointed by the Speaker of the House of Representa- tives, and three persons to be appointed by the President of the United States. Said commission shall make full inquiry, examination, and investigation, by subcommittee or otherw^ise, into the subject of immigration. For the purpose of said inquiry, examination, and investigation said commission is authorized to send for persons and papers, make all necessary travel, either in the United States or any foreign country, and, through the chairman of the commission, or any member thereof, to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary cleri- cal and other assistance. Said commission shall report to Congress the con- clusions reached by it, and make such recommendations as in its judgment may seem proper. Such sums of money as may be necessary for the said inquiry, examination, and investigation are hereby appropriated and authorized to be paid out of the " immigrant fund " on the certificate of the chairman of said commission, including all expenses of the commissioners, and a reasonable compensation, to be fixed by the President of the United States, for those mem- bers of the commission who are not Members of Congress; * * * « Died Februai-y 20, 1908. ^ Appointed to succeed.Mr. Latimer, February 25, 1908. Died December 22 1909. " Appointed to succeed Mr. McLaurin, March 16, 1910. ^^wji Lo^v^y Digitized by Microsoft® LIST OF REPOETS OF THE IMMIGKATIOW COMMISSION. Volumes 1 and 2. Abstracts of Reports of tlie Immigration Commission, with Conclusions and Recom- mendations and Views of the Minority. (These volumes include the Commission's complete reports on the following subjects: Immigration Conditions la Hawaii; Immigration and Insanity; Immi- grants in Charity Hospitals; Ahen Seamen and Stowaways; Contract Labor and Induced and Assisted Immigration; The Greek Padrone System in the United States; Peonage.) (S. Doc. No. 747, 61st Cong., 3d sess.) Volume 3. Statistical Review of Immigration, 1819-1910— Distribution of Immigrants, 1850-1900. (S. Doc. No. 756, 61st Cong., 3d sess.) Volume 4. Emigration Conditions In Europe. (S. Doc. No. 748, 61st Cong., 3d sess.) Volume S. Dictionary of Races or Peoples. (S. Doc. No. 662, 61st Cong., 3d sess.) Volumes 6 and 7. Immigrants in Industries: Pt. 1, Bituminous Coal Mining. (S. Doc. No. 633, 61st Cong., , 2d sess.) Volumes 8 and 9. Immigrants In Industries: Pt. 2, Iron and Steel Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 10. Immigrants Jn Industries: Pt. 3, Cotton Goods Manufacturing in the North Atlantic States— Pt. 4, Woolen and Worsted Goods Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 11. Immigrants in Industries: Pt. 5, Silk Goods Manufacturing and Dyeing — Pt. 6, Clothing Manufacturing— Pt. 7, Collar, Cuff, and Shirt Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 12. Immigrants in Industries: Pt. 8, Leather Manufacturing — Pt, 9, Boot and Shoe Manufao- turing— Pt. 10, Glove Manufacturing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 13. Immigrants in Industries: Pt. 11, Slaughtering and Meat Packing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 14. Immigrants in Industries; Pt. 12, Glass Manufacturing — Pt. 13, Agricultural Implement and Vehicle Manuiacturing. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 15. Immigrants, in Industries: Pt. 14, Cigar and Tobacco Manufacturing — Pt. 15, Furniture Man- ufacturing— Pt. 16, Sugar Refining. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 16. Immigrants in Industries: Pt. 17, Copper Mining and Smeltlag— Pt. 18, Iron Ore Mining— Pt. 19, Anthracite Coal Miniug- Pt. 20, Oil Refining. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 17. Immigrants in Industries: Pt. 21, Diversilled Industries, Vol. I. (S. Doc. No. 633, 61st Cong., 2d sess.) Volume 18. Immigrants in Industries: Pt. 21, Diversified Industfles, Vol. II— Pt. 22, The Floating Immi- grant Labor Supply. (S. Doc. No. 633, 61st Coug., 2d sess.) Volumes 19 and 20. Immigrants in Industries: Pt. 23, Summary Report on Immigrants in Manufacturing and Mining. (S. Doc. No. 633, 61st Cong., 2d sess.) Volumes 21 and 22. Immigrants in Industries: Pt. 24, Recent Immigrants in Agriculture. (S. Doc. No. 633, 61st Cong., 2d sess.) Volumes 23-25. Immigrants in Industries: Pt. 25, Japanese and Other Immigrant Races in the Pacific Coast and Rocky Mountain States. (S. Doc. No. 633, 61st Cong., 2d sess.) Volumes 26 and 27. Immigrants in Cities. (S. Doc. No. 338, 61st Cong., 2d sess.) Volume 28. Occupations of the First and Second Generations of Immigrants in the United States— Fe- cundity of Immigrant Women. (S. Doc. No. 282, 61st Cong., 2d sess.) Volumes 29-33. The ChUdreu of Immigrants ui Schools. (S. Doc. No. 749, 61st Cong., 3d sess.) Volumes 34 and 35. Immigrants as Charity Seekers. (S. Doc. No. 665, 61st Cong., 3d sess.) Volume 36. Itmnlgration and Crime. (S. Doc. No. 750, 61st Uong., 3d sess.) Volume 37. Steerage Conditions— Importation and Harboring of Women for Immoral Purposes— Immt» grant Homes and Aid Societies— Immigrant Banlrs. (S. Doc. No. 753, 61st Cong., 3d sess.) Volume 38. Changes in Bodily Form of Descendants of Immigrants. (S. Doc. No. 208, 61st Cong., 2d sess.) Volume 39. Federal Immigration Legislation— Digest of Tmmigration Decisions— Steerage Legislation, 1819-1908— State Immigration and Allen Laws. (S. Doc. No. 758, 61st Cong., 3d sess.) Volume 40. The Immigration Situation in Other Countries: Canada— AustraHsr— New Zealand— Argen^ tina^Brazil. (S. Doc. No. 761, 61st Cong., 3d sess.) Volume 41. Statements and Recommendations Submitted by Societies and Organizations Interested in the Subject of Immigration. (S. Doc. No. 764, 61st Cong., 3d sess.) Volume 42. Index of Reports of tQi^Hi^^cbyMi^^iiSOf^EDoc. No. 785, 61st Cong., 3d sess.) m LETTER OF TRANSMITTAL. The Immigration Commission, WasMngrton, D. O., December 6, 1910. To the Sixty -first Congress: I have the honor to transmit herewith, on behalf of the Immigi-a- tion Commission, a report entitled " The Iniinigration Situation in Other Countries." This report is a review of the more important features of the situation in Canada, Australia, New Zealand, Argen- tina, and Brazil. That part of the report which deals with Canada is a revision of a report entitled " The Immigration Situation in Canada," which was transmitted to Congress by the Commission, April 1, 1910, and printed as Senate Document No. 469, Sixty-first Congress, third session. The part of the report relating to Australia and New Zealand was prepared under the direction of the Commis- sion by Mary Helen Eagan, and that part relating to Argentina and Brazil by Mary Mills West. Respectfully, William P. Dillingham. Ghairrnckn, Digitized by Microsoft® CONTENTS. THE IMMIGRATION SITUATION IN CANADA. Page. liiTEODUCTOBY 3 Chapter I.-^Iiliimgration to Canada: Canada's immigration policy 5 Immigration expenditures , 7 Sources of Canada's immigration 9 Occupations of immigiaiHfii . i . ^ 14 Homestead entries 16 Irish itnmigiation. . . j ; 17 Juvenile immigration 19 Assisted immigration. ^ . . ^ ; f 20 Immigration t» Canada for the fiscal year 1910 21 CSAPTEB II .-^Immigration to Canada from the United States: Recent immigi'atien 25 Homestead entries 30 Earlier immigration 31 The return movement 32 Canadian expenditures in the United States 32 CSA'Web III. — Immigration to the United States from Canada 35 Chapter IV.-^^The Canadian immigration law: Excluded classes 41 Distireitiofiary aathority granted officials 44 Rejections at ports of entry 47 Deportation after Ending. 4S Medical officers and their duties 56 Contract labor 57 Protection of immigrants , 58- Chapter V. — Oriental immigration: Chinese immigration 62 Chinese in traiisit 65 Japanese immigration 65 Hindu immigJation 72 CfiAPTER VI.— Foreign elements in the population of Canada 77 Appendixes... i... J 81 LIST OF TABLES. Table 1. CanadiEtn ititmigration expenditures, flsci,! years 1898 to 1908 7 2. Canadian immigration expenditures outside of Canada, fiscal years , 1898 to 1908 S 3. immigifation to Canada from the United States and United King- dom, and Canadian expenditures in such countries, fiscal years 1901 to 1908 8 4. Total itaniigration to Canada from July 1, 1900, to March 31, 1909, by race or nationality .... 10 5. immigration to Cana,Qa from European countries where immigrar tion effort is made, by race or people _. . 11 6. Immigration to Canada from European countries, in clttp.9fidmff vears. >, inclusive, and March 31 in 1907 and 8 The Immigration Commission. Assuming that the amount of money expended in Canada repre- sents the cost of regulating immigration, and the amount expended outside of Canada the cost of promoting immigration, it will be seen that the latter was 63.1 per cent of the total cost during the period considered. The distribution by geographical divisions of expenditures outside of Canada is shown m the following table : Table 2. — Canadian itwmigration expenditures outside of Canada, fiscal years 1898 to 1908, inclusive. [Compiled Irom Immigration Facts and Figures, Canada, 1909.] Country. Expenditures outside of Canada. ' Total. Percent' of total. United States $1,936,000 1,643,000 700, 400 United Kingdom 38 4 Continental Europe 16 4 . Total 4, 279, 400 * During the fiscal years 1901 to 1908, inclusive, a total of 1,097,689 immigrants were admitted to Canada. The total expenditures of the Dominion on account of immigration during the same period were $5,828,195.61, or $5.31 per immigrant admitted. Of this amount $2,151,795.61, or $1.96 per immigrant, was expended in Canada, or, as previously stated, in the regulation of immigration, while $3,676,400, or $3.35 per immigrant, was expended outside of Canada, or in the promotion of immigration. The total immigration to Canada from the United States and the United Kingdom during the period above mentioned, compared with the expenditures by Canada in each country on account ot immigra- tion, is shown in the following table : Table 3. — Immigration to Canada from the United States and the United King- dom, and Canadian immigration expenditures in such countries, fiscal years 1901 to 1008. [Birom Immigration Facts and Figures, Canada, 1909, and statistical table on page 10.] Country. Total immigra- tion. Total expendi- ture. Amount per capita. United States 333,983 449,363 81,662,000 1,445,000 S4.98 3.22 It will be noticed that during the period covered by the above table Canada expended a considerably greater sum in the United States in promoting immigration than was expended for the same purpose in Englandj Ireland, Scotland, and Wales, combined, and also that the cost per immigrant wB&ligiSxiact&y MmcbsgMfter. The Immigration Situation in Canada. 9 The expenditure per capita on immigrants to Canada from conti- nental Europe djiring the eight years considered was approximately $1.99. The wide difference between per capita expenditures in the United States and the United Kingdom and such expenditures in continental Europe may be accounted for by the fact that Canada makes no so-called immigration effort in several European countries which nevertheless furnish annually a considerable number of immi- grants to the Dominion. Moreover, the United States and Great Britain permit the open and unrestricted solicitation of immigration on the part of Canada, while, as previously stated, some European countries regarded by Canada as sources of desirable immigration do not tolerate a propaganda of that nature. SOURCES OF Canada's immigration. It is apparent that at present Canada divides the emigrating races of the transoceanic world into three general groups, as follows: First, natives of the United Kingdom and of northern and western continental Europe ; second, southern and eastern Europeans ; third, the races of the Orient. The government has a well-defined idea of the desirability of each group as settlers in Canada; and the Canadian immigration act, although excluding no one solely because of his race or nationality, seems to make possible an effective discrimination among them. As previously explained, every effort is made to induce persons of the first class to settle in Canada. Those of the second group, although admitted in rather large numbers, are not solicited, and, as will be shown later, more or less effective obstacles are placed in their way. Those of the third class are practically prohibited from coming by the Chinese immigration act, and by barriers erected under vari- ous provisions of the immigration law, which will later be discussed in detail. How Canada has succeeded in attracting immigrants of the races or peoples desired is indicated by the following tables, which show in detail the racial or national composition of immigration to the Do- minion during the past nine years, during which period the present system of control has been developed. Canadian immigration statistics ai'e generally recorded by race rather than country of birth, although, as will be seen, territorial rather than ethnological designations are employed to a considerable extent, and in some instances immigrants are designated by the re- ligious sect with which they are affiliated. Therefore the table next submitted, while not entirely comparable with United States immi- gration statistics, nevertheless gives a clear idea of the racial distri- bution of recent Canadian immigration. Digitized by Microsoft® 10 Tlie Immigration Commission. Table 4. — Total immigration to Canada from July 1, 1900, to March 31, 1909, hy race or nationality. [Compiled from statistical table furnished by Canadian Immigration department.] I Race or nationality. Ariblai Aimenian Australian , Austria-Hungaiy: Bohemian Bukowinian. . . Croatian , Dalmatian Oalician MaCT^ar fiU'thsnian JO¥ak Austrianjii. e.s.o. Htnlgarian, n.e.s. Belgian , Brazilian Bulgarian ChiMse Banish.... Puteh Egyptian Fremoh Germany: Alsatian Bavarian Prussian Saxon German, n. e. s. Greek Hebrew Hindu .' Icelandic Italian Year ending June 30— 1901. 1902. 1903. 128 65 4,702 228 546 132 25 1 360 70 112 11 560 59 6, 550 320 1,048 223 1 2 163 35 3 431 Malay Negro. Newfoundland .'. New Zealand Norwegian Persian Polish Portuguese Roumania: Moldavian Roumanian, n.e.s . I Russia: Doukhobors ^ Finnish Mennonites 6 Russian, n. e. s.. Servian South African Spanish Swedish Swiss Syrian Turkish United Kingdom: English and Welsh Irish Scotch Vnited States West Indies: Bennudian Jamaican West Indian,n.e.s Grand total 49,149 984 81 2,765 912 4,710 6 152 1,044 23 14 485 30 464 37 1,048 161 1,015 46 113 46 16 1,759 1 8,382 82 781 2,074 223 1 937 1904. 1905. 91 1,578 16 7,729 516 1,091 858 2 14 417 169 3 1,534 260 3,828 1,015 1 230 279 272 12 1,292 52 2,467 1 1,013 17 1,066 17 9,401 13,095 933 1,311 1,476 2,853 18,055 26,461 917 3,371 335 2 1,746 40 274 1 437 1,734 38 5,505 2 7 2,477 73 847 43 32,510 2,236 7,046 49,473 17 67,379 128,364 2,966 191 3,727 4,445 519 23 1,239 5 48 78 204 107 1,123 27 4 6,926 5 3 47 29 837 981 796 1 2 461 281 2 1,743 10 2,721 98 7,715 45 413 3,473 354 1906. 19 82 322 110 1,355 226 16 5,656 324 266 154 Nine months ending March 31, 1907. Year ending March 31— 1908. 1909, 845 11 1,955 10 21 6 2,151 128 369 29 36, 694 3,128 10,552 45,229 52 130,331 5 190 57 1,397 8 745 1 24 1,323 1,887 7 35 10 1,847 150 630 30 49,617 3,998 11,744 43,652 146,266 1,324 739 1,106 2 71 18 474 389 18 1,648 4 22 23 2 1,745 254 7,127 387 168 7,959 1,922 42 340 89 1,415 7 725 6 31 208 186 94 229 169 44 1,652 347 303 146 562 499 650 5 179 92 297 394 10 1,314 1 1 12 180 102 2,145 224 10 14,268 321 912 188 1,889 545 6,584 2,124 46 5,114 2,042 204 1,103 3,152 19 46 12 1,802 172 336 357 65,932 5,018 15, 846 57, 919 11 12 171 189,064 108 1,029 30 876 31 1,033 431 1,049 1,927 4 23 29 1,077 112 277 232 41, 658 3,404 10,729 34,748 10 16 64 1,899 1,307 1,214 1 2,529 1,884 290 1,212 8 2,671 2 7 5 2,363 1,053 7,712 2,632 97 11, 212 7,601 136 3,374 70 1,554 7 1,593 2 949 1,212 124,667 6,281 48 76 61 2,182 195 732 91,412 6,547 22,223 58,445 43 101 134 262,469 4 79 171 28 1,546 1 1 6,644 4 149 1,830 595 828 4 56 1,887 160 495 2 1,830 74 8 1,267 192 1,636 6 35 4,228 495 73 2,108 65 762 1 376 2 278 3,547 31 63 32 1,135 129 189 236 37,482 3,609 11,810 69,926 14 32 113 Total July!, 1900, to MaB^ 31,1909. 146,908 1,244,597 a Not elsewhere speM^itized Dy IVIICrOSOttW , . ,- • including 316 tjnited States citizens coming to Canada via octan p^?S!^^ The Immigration Situation in Canada. 11 The following tables show the immigration to Canada in the years 1908 and 1909, and for the nine years ending March 31, 1909, of cer- tain races coming from countries where immigration effort is made; that from countries whose people are admitted to Canada but whose coming is not solicited; the number of persons coming from the United States; and the number of Asiatics: Table 5. — Immigration to Canada from European countries where immigration effort is made, hy race or people. [Compiled from statistical table furnished by Canadian immigration department.] Race or people. 1908. 1909. United K'ngdom: English and Welsh . Iri^ Scotch Bel^an Danish Dutch Finnish French German Icelandic Norwegian ; Swedish Swiss Total Total United Kingdom. Total others 91,412 6,547 22,223 1,214 290 1,212 1,212 2,671 02 377 97 1,664 2,132 195 37,482 3,609 11,810 828 160 495 669 1,830 !> 1,340 36 762 1,135 129 377,801 30,184 fi4,279 6,110 2,668 3,223 9,909 12,468 c 17, 079 3,244 10,259 14,119 1,006 133,136 60,274 682^339 120,182 12,964 52,901 7,373 502,264 80,075 a Including 2 Alsatian, 7 Bavarian, 5 Prussian. b Including 1 Alsatian, 74 Prussian, 8 Saxon. "Including 8 Alsatian, 30 Bavarian, 1.58 Prussian, 41 Saxon. Table 6. — Immigration to Canada from European covntries, including Syria, where no immigration effort is made, iy race or people. [Compiled from statistical table furnished by Canadian immigration department.] Kace or people. 1908. 1909. 1901-1909. 563 1,899 2,146 2,529 14,268 1,063 7,712 '"1,628 11,212 1,693 949 6,281 912 732 489 635 79 1,830 1,546 56 6,644 192 1,6.36 6 699 4,228 376 278 3,547 149 189' 236 95 1,378 8,297 10,413 2,869 62, 609 G^ician Greek 2,768 40,347 ■=9,881 48,340 8,807 Het)rew • Italian Polish 3,804 27,765 1,633 4,910 Turkish -1,470 Others - 2,895 54,600 21,680 235,078 o Including 321 Magyar. >> Including 4 Magyar. « Including 1,001 Magyar. Note.— During the fiscal year ending March 31, 1910, a total of 208,794 immigrants were admitted to Canada. O' these, 103,984, or 49.8 per cent of the total, came from the United States; 70,161, or 33.6 pe» cent, from northern and western Europe; and 28,237, or 13.5 per cent, from southern and easteta Europe. (For discussion of immigration to Canada in the fiscal year 1910, see p. 21.) Digitized by Microsoft® 12 The Immigration Commission. Table 7. — Immigration to Camula from the United States, in the years 1908 and 1909, and the period 1901 to 1909. [Compiled from statistical table furnished by Canadian immigration department.] •-> Country. 1908. 1909. 1901-1909; 68,445 59,926 393,908 ■■■• Table 8. — Immigration to Canada from Asiatic countries, hy race or people, in the years 1908 and 1909, and the period 1901 to 1909. [Compiled from statistical table furnished by Canadian immigration department.) Race or people. 1908. 1909. 1901-1909. Chinese 1,884 2,623 7,001 1,887 6 495 3,890 Hindu.. 5,185 12,420 12, 108 2,388 21,495 Table 9. — Total immigration to Canada, by specified countries of groups of countries, in the years 1908 and 1909, and the period 1901 to 1909. [Compiled from statistical table furnished by Canadian immigration department.] Race, people, or country. 1908. 1909. 1901-1909. Number. Per cent. Number. Per cent. Number. Per cent. North and west European, including Ice- landic. 133,136 54,600 58,445 12,108 4,180 60.7 20.8 22.3 4.6 1.6 60,274 21,680 59,926 2,388 2,640 41.0 14.8 40.8 1.6 1.8 582,339 235,076 393,908 21,495 11, 779 46 8 Other European, including Syrian United States 18.9 Asiatic 1 7 Others .9 Grand total . . 262,469 100.0 146,908 100.0 1,244,597 100 It appears from the above that during the nine years mentioned 78.4 per cent of the immigration to Canada consisted of races or peoples from the north and west of Europe and from the United States, 18.9 per cent of races or peoples from the south and east of Europe, and only 1.7 per cent was from Asiatic countries. What pro- portion of the immigration of favored classes was induced by Canada's efforts, and how many persons of the classes not favored were prevented from coming because of the indifferent attitude of Canada, or by the barriers erected against them, can not, of course, be determined. As previously stated, during the fiscal years 1905 to- 1909, inclusive, a bonus was paid on 16.5 per cent of the arrivals from the United Kingdom, on 11 per cent of those coming from continental Europe, and on 5.6 per cent of United States immigrants, but it is, of course, improbable that the bonus paid was the determining factor in each case involved. Whether attributable to Canada's policy or to natural causes, it is noteworthy that so large a proportion of the European immigration to the Dominion during- the pes-iod c-)H4§§jf;^ originated in countries where immigration effort is made. The result is even more striking The Immigration Situation in Canada. 13 when it is considered that the incentive to emigration, as measured by recent immigration to the United States, is much stronger in southern and eastern than in northern and western European coun- tries. The following table, comparing recent European immigration to Canada and to the United States, clearly illustrates the point: Table 10. — Total European immigration, including Syrian, to Canada and to tlie United States, fiscal years 1901 to 1909. [Compiled from statistical table furnished by Canadian Immigration department and from reports of United States Commissioner-General of Immigration.] Europe, Including United TTingdom. Europe, excluding United Kingdom. Number and class. Per cent of total. Number and class. Per cent of total. Country of arrival. North and west European and Icelandic. Other Euro- pean, in- cludmg Syrian. North and west Euro- pean and Ice- landic. Other Euro- pean, includ- ing Syrian. North and west conti- nental Euro- includ- ing Ice- landic. Other conti- nental Euro- pean, in- includ- Syrian. North and west conti- nental Euro- pean, includ- ing Ice- landic. Other conti- nental Euro- pean, includ- ing Syrian. Canada (July 1, 1900, to March 31, 1909) 582,339 1,560,219 235,076 4,994,163 71.2 23.8 28.8 76.2 80,075 768,214 235,076 4,994,163 25.4 13.3 74.6 United States (July 1, 1900, to June 30, 1909) 86 7 It will be seen that in the past nine years 71.2 per cent of European immigration to Canada was from the northern and western countries, while only 23.8 per cent of persons coming from Europe to the United States were from those sections. British immigration, however, was largely responsible for the preponderance of northern and west- em Europeans in the movement to Canada, for, as indicated by the above table, 74.6 per cent of the continental immigrants to the Do- minion came from southern and eastern Europe and Syria. But even when continental Europe is considered separately it will be seen that there is a considerable racial difference in the composition of immi- gration to Canada and to the United States. There is an even more striking difference in the composition of European immigration to Canada and to the United States for thel^ year ending March 31, 1908, during which immigration to Canadsu/ reached its highest point, and the year ending June 30, 1907^ when th^y greatest immigration to the United States was recorded, as will ba seen from the next table submitted. Digitized by Microsoft® 14 The Immigration Commission. Table 11. — Total European imnUffration, mclttding Syr^o^, to Canada atvd to the United States in years specified. [Compiled from statistical table furnished by Canadian immigration departinent and from reports of United States Commissioner-General of Immigration.] Country of arrival. Number and class. North and west Euro- pean and Icelandic. Other Eu- ropean, including Syrian. Per cent of total Euro- pean immigration. North and west Euro- pean and Icelandic. Other Eu- ropean, including Syrian. Canada (1908) United States (1907)., 133, 136 227,861 54,600 971,608 70.9 19.0 29.1 81.0 While these results may be, and doubtless are, due in part to the difference in policy of the two nations, whereby Canada encourages f jmmigration from one section and in a measure discourages it from another, while the Unite^, States makea,j^o_d istinction in that reg ard, it is altogether probable itKat t£e chief rMSon~is ot'another nature. A large proportion of the immigrants from northern and western Europe are primarily seekers after land, and while the United States M'as able to present that attraction such immigrants came in large numbers. On the other hand, immigration from the south and east of Europe is essentially industrial, probably because of the fact that ^ since immigration from that section began the demand in the United y States has been for industrial workers. In Canada the situation is exactly reversed. The demand for industrial workers is not great, but the opportunities for agricultural settlers in the newly, developed country to the west of Ontario are widely advertised, and northern Europeans have responded as they did when similar conditions existed in the United States. OCCTJPATIONS OF IMMIGRANTS. In an official pamphlet intended for circulation in the United King- dom farmers, farm laborers, and female domestic servants are men- tioned as the only persons the Canadian immigration department advises to emigrate to Canada. All others are advised to get definite assurances of employment in Canada before leaving home, and to^ have money enough to support them for a time in case of disappoint- ment." The pamphlet referred to gives specific advice to persons of various occupations, and is quoted here to illustrate how the Canadian government attempts to promote immigration in accord- ance with the needs of the country, and also to show the means employed to acquaint intended British emigrants with conditions of employment in the Dominion. Intending agriculturists, tenant farmers, farm laborers, market gardeners, gardeners, persons understanding the care of horses, cat- tle, and sheep, young men desiring agricultural experience, and female domestic servants are advised to emigrate to Canada, and persons with capital are assured that unlimited openings are afforded. Diuilized by Miciuaofl® ■ " " Classes Wanted in CaTnada," issued by the authority of the Minister o( the Interior, Ottawa, Canada, 1909, p. 31. The Immigration Situation in Canada. 15 On the other hand, clerks, draftsmen, telegraph operators, shop assistants, governesses, nurses, etc., are admonished not to emigrate unless proceeding to assured employment or to join. friends. No encouragement is held out to professional men, especially in cases where immediate employment is desired, and schoolmasters and teachers are warned not to emigrate on the chance of obtaining a situation. The pamphlet further states that there are few openings for civil engineers and architects at the present time, but that the demand for assistant surveyors in connection with new railway sur- veys is good and likely to so continue. How successful the government has been in inducing the desired immigration, so far as the occupations of immigrants are concerned, is shown by the following table : Table 12. — Occupatioit of immigrants to Canada, including accompanying women and children, 1907 to 1909. [Compiled from reports of superintendent of immigration, Canada.] Occupation, Northern and western Europeans, including Icelanders. Southern and eastern Europeans, including Syrians. United States. Chinese, Japanese, and Hindus. Other peoples. Total. ■PfMTtlArs or farm lahnrfirs 60,992 45,882 83,581 8,035 23,503 16,987 17,939 21,607 4S,045 14,799 1,290 2,740 3,853 4,556 120,450 14,606 8,518 2,542 4,426 329 2,248 2,747 9,652 287 86 3,599 42 2,341 308 4,732 929 369 380 807 837 208,104 General laborers 122,917 108,114 12,322 Traders, clerks, etc 34,648 FftTTialP RP,rVftTlt Including Icelandic and Syrian. There is a striking preponderance of homesteaders among immi- grants from the United States as compared with those from other countries, nearly 45 per cent of the former being of that class. It will be noted that the English show the smallest percentage of home- steaders of any class of immigrants enumerated, while the percentage among immigrants from the British Isles, as a whole, is considerably smaller than among those designated under " Continental Europe and "All others." The extent to which United States immigrants have contributed to the settlement of western Canada is shown by the fact that of all homestead entries madej^ immigrants during the period considered, neaF?^4^^PJt<€arfP^f^WmEide by settlers from the United States. The Immigration Situation in Canada. 17 The relation of immigrant entries of the various classes to the total number of entries made during the time specified is shown by the following table : Table 14. — Total immigrant and nommmigrant homestead entries in western Canada, July 1, 1900, to March SI, 1909. [Compiled from Immigration Facts and Figures, Canada, 1909,] Class ot homesteaders. Total immigrant and nonimmi- grant homestead entries. Number. Per cent of total. 31,769 2,947 8,142 70,182 1 43,231 13.5 Irisli.. . 1.3 Scotch . . .... 3.5 United States 29. S Continental Kurope . 18.3 AIlotheiB Total immigrant 156,261 79,429 66.3 Tntal nnniTnTnifn-ant 33.7 rjrfvTi^ t'^t^l 235,690 100.0 IRISH IMMIGRATION. In view of the large increase in the number of English and Scotch immigrants to Canada in recent years, it is noteworthy that Irish immigration to that country is comparatively small. In 1908, when the movement from Europe to Canada reached its greatest height, it included only 6,547 Irishmen to 91,412 English and "Welsh and 22,223 Scotch, and in the nine years ending March 31, 1909, the total Irish immigration was only 30,184, or less than the Galician, Hebrew, or Eussian immigration to Canada for the same period. It is evident that the Irish immigrant prefers the United States to Canada, for during the nine years ending June 30, 1908, 337,812 persons of that race landed in the United States. This tendency is peculiar to the Irish, for as far as English and Scotch immigration is concerned, Canada is a successful competitor of the United States, as will be seen from the following table : Table 15. — Total immigration to Canada (nine years ending March 31, 1909) and to the United States (nine years ending June 30, 1908) from Great Britain and Ireland. rComoiled from statistical table on p. 10 and reports of United States Commissioner- General of Immigration.] Race or people. Total to Canada and United States. English and Welsh. Irisn.. Scotch Total.. ■DigitiiedVym^^m 698,634 367,996 188,311 Numbers to — Canada, 377,801 30,184 94,279 102,264 United 320,833 337,812 94,032 752,677 Per cent to — Canada. 54.1 8.2 50.1 United 46.9 91.8 49.9 18 The Immigration Commission. It will be noticed that the English and Welsh and the Scotch im- migration to Canada has been somewhat larger than that to the United States during the past nine years, while more than eleven times as many Irish immigrants came to the United States as went to Canada during that time. The relatively small Irish immigration to Canada as compared with the immigration of other Britons to that country can not be attributed to Canada's lack of effort, for the same systematic cam- paign to secure settlers for the Dominion is carried on alike in Ire- land, Scotland, and England. Placards displayed in the Canadian exhibit at the Dublin Exposition in 1907 indicate that Canada feels the successful competition of the United States in this regard, and attempts to turn the tide of immigration from that country to Canada. Following are some of the placards refered to: One of the greatest surprises to United States farmers settling in Canada is the absence of cyclones and drought which they had to contend with in their own country. If it is your intention to go to America, remember that United States farmers are going to Canada in great numbers. Canada offers to settlers better in- ducements than any other country in the world. Canada will receive you with open arms instead of imposing on you an alien tax of $4 per head. It may be asked : " Why do you use the great number of United States farmers going to western Canada as one of your principal advertisements?" Because it was this movement that woke up the people of the British Isles to the great possibilities of western Canada. Moreover, Canadians themselves only commenced through that great movement of United States farmers to appreciate the value of their own country. T. P. O'Connor, Esq., says in " P. T. O.", March 9, 1907 : " No fewer than a quarter of a million of Americans are expected to reach Canada from these regions within the present year. And all the people who do go to western Canada are enthusiastic in their praises of the resources, the possibilities, the climate of the country. The old legend that you could find nothing there but arctic cold is exploded; you find, on the contrary, one of the most beautiful and temperate climates in the world, and people are growing rich almost over- night. Such is the demand for land; such is the immense migration." A picture was displayed pijrporting to represent Nebraska farmers bound for Canada. In explanation of the illustration was the follow- ing legend : This picture is reproduced from a photograph taken in Nebraska showing a large number of United States farmers moving to Canada. Boy: I say, father, are we going to be Canadians when we get to Canada? Father : Well, my boy, from what I have seen of that country, its rich lands, big crops, and where the people make their own laws and live up to them, to my mind it is a mighty good country to belong to. Notwithstanding the efforts of Canada, however, the United States is still the choice of more than 90 per cent of the Irish immigrants landing in North America. It is interesting to note in this connection that the foreign-born Irish element in the population of Canada has decreased steadily and rapidly in recent years. This is also true of the Irish-born population of the United States from 1890 to 1900, but the downward movement began later than in Canada, and the decrease has been relatively smaller. The taJDle next submitted illustrates the move- ment of Irish-born persons in Canada and the United States at recent census periods. ^. ... ..... ' „„ ■^ ' Digitized by Microsoft® The Immigration Situation in Canada. 19 Table 16. — Population of Irish birth in Canada and the United States in census years specified. [Compiled from the Canada Tear Book, 1908, and the United States census reports.] Canada. United States. Census year — Popula- tion of Irish birth. Increase (H-)or decrease (— )ov6r preceding census. Popula- tion of Irish birth. Increase (-l-)or decrease (— )over preceding census. 1870 1,855,827 1871 219, «1 1880 1,854,571 - 0.1 1881 185,526 -10.1 1890 . 1,871,509 + .9 1891 149,184 -19.6 1900 1,618,567 -13.5 1901 101,629 -31.9 It seems improbable that the marked decrease in' the Irish-bom population of Canada from 1871 to 1901 was entirely due to death, and, although no reliable data upon the subject are available, it may fairly be presumed that Irish emigration from Canada to the United States has been a factor in producing the result indicated. The table shows, however, that even in the United States there was a consider- able downward movement in the foreign-bom Irish population be- tween 1890 and 1900. JtrVENII>E IMMIGRATION. The immigration of poor and homeless British children to Caiiada began many years ago, and is now encouraged and supervised, but not otherwise assisted, by the Dominion government. This juvenile immigration is chiefly recmited from the orphan or industrial homes of the British Isles. The children are sent to Canada by charitable and religious organizations, and are there distributed through various philanthropic homes and agencies. The majority of such children are placed in the families of farmers, and the demand for them far exceeds the supply. It is estimated that during the last fifty years nearly 60,000 juvenile immigrants have been transported to Canada from the British Isles." "Report of Superintendent of Immigration, Canada, 1909, p. 89. Digitized by Microsoft® 20 The Immigration Commission. The extent of this movement in recent years and also the extent of the demand for the immigrant children by Canadians are shown in the following table: Table 17. — Juvenile immigration to Canada, and application by Canadians for such immigrants, 1901 to 1909. [Compiled from report oJ Superintendent of Immigration, Canada , 1909.] Kscal year — Juvenile immigrants admitted. Applica- tions re- ceived. 1901 977 1,540 1,979 2,212 2,814 3, aw 1,455 2,375 2,424 5,783 8,587 14, 219 1902 1903 .. . . 1904 . . 16,573 17,833 19,374 1905 1906 . 1907 (9 months) 15,800 17,239 15,417 1908.. 1909 Total 19,034 130,825 It is said that there formerly existed in Canada a deep-rooted prej- udice against such juvenile immigration, but that this has almost entirely disappeared, and there is now a great demand for these children. The foregoing table seems to fully substantiate the latter statement. According to official reports, the children are especially trained in the British industrial and philanthropic homes with a view to their final emigration to Canada. They are not, however, sent there against their will. Upon landing in Canada the children are placed in receiving and distributing homes, located in different parts of the Dominion, and remain there until indentured to farmers or others. The guardian- ship of the home over the children is continued to a greater or less degree until a period of apprenticeship is passed, and the children are taught to rely on the homes for advice and assistance. Agents of the homes visit the indentured children periodically. In turn the Canadian government exercises supervision over the receiving and distributing homes and, in a manner, looks after the welfare of the children in their foster homes. This work is carried on under the direction of an official designated as chief inspector of British immi- grant children and receiving homes. ASSISTED IMMIGRATION. In addition to the juvenile immigration elsewhere referred to, Canada annually receives a considerable number of British and particularly English, immigrants, who, by private charity or' state aid, have been sent from the mother country. Until last year the Canadian government had practically no part in the selection of such immigrants abroad, and as a result many were rejected at Canadian ports or deported after landing. In 1908 Mr. J. Bruce Walker as- sistant superintendent of emigration for Canada in London, ma^e a report upon the activities of the various philanthropic and charitable societies engaged in i©t8*elSfif^36Mgfa€Rffi^o Canada. Because of The Immigration Situation in Canada. 21 the general interest of the subject, this report is printed in full else- where." According to the report 12,336 persons were sent to Canada, in the calendar year 1907 by London charitable societies alone. As immigration to Canada is recorded by fiscal rather than calendar years, it is impossible to exactly compare the number of assisted im- migrants with the total immigration for any stated period ; but it is interesting to note that the above number is equal to nearly 30 per cent of the total English immigTation to Canada in the fiscal period of nine months ending March 31, 1907, or more than 13 per cent of such immigration in the fiscal year ending March 31, 1908. These figures do not include state-aided and rate-aided immigrants, which classes are described in Mr. Walker's report as follows : These are the products of the distress committees and of the workhouses. The distress committees are bodies in large centers of population, permitted under the terms of the unemployed workmen's act to levy a small rate as a tax upon the public for the emigration and for provision by employment, or other- wise, of the unemployed In such communities. * * * The distress commit- tees usually operate through some recognized booking agency, providing the fares for the transportation, and leaving such booking agency to provide the employment on the Canadian side. There is no supervision of an official char- acter exercised over these emigrants. No data are available relative to the number of state-aided and rate-aided immigrants sent to Canada. The general character of emigrants assisted to leave England by the various agencies above mentioned is stated in the report referred to. Mr. Walker's report resulted in prompt action by the Canadian government, for on April 18, 1908, there became effective an order in council which prohibited the landing in Canada of any person whose passage had been paid wholly or in part by any charitable organization or out of public moneys unless the emigration to Canada of such person had been approved by the Canadian emigration authorities in London.* This- action on the part of the governor in council affords another illustration of the adaptability of the Cana- dian immigration act to meet emergencies. IMMIGRATION TO CANADA TOR THE FISCAL YEAR 1910. The Commission's report upon the Immigration Situation in Canada is based on data covermg a period ending with March 31, 1909. After the main part of the report had been prepared certain data became available relative to immigration to the Dominion dur- ing the fiscal year ending March 31, 1910. These data consist merely of figures showing the number and race or nationality of immigrants to Canada during that year, which were made available for the use of the Commission through the kindness of Mr. W. D. Scott, Canadian Superintendent of Immigration. •< Appendix E, p. 111. ^Appendix B, No. I, p. 97. Digitized by Microsoft® 22 The Immigration Commission. The following table shows the character of immigration to Canada for the year mentioned so far as race or nationality of the immigrants is concerned : Table 18. — Total irmnigratkm to Canada for the fiscal year ending March SI, 1910, hy race or nationality. t Compiled from statistical table furnished by Canadian immigration department.] Race or nationality. Number. Race or nationality. Number. 14 75 203 64 724 74 11 3,368 55 568 77 4,195 621 910 657 2,166 300 741 2 1,727 2 12 3 1,616 452 3,182 10 95 7,U8 271 7 3,372 Armenian Negro Australian Newfoundland 1,370 S 1,407 Croatian Polish Dalmatian Galician Magyar. . Russia: Finnish Rutnenian 1,467 4,564 Slovak Russian, n. e. s Austrian, n.e.s.o Hnngarian, n . e. s South African 97 Belgian Spanish 42 Bulgarian ... Swedish 2,017 Chinese Danisli.. . 195 517 Dutch Turkish United Kingdom: English 4fl,416 3,940 Germany: irSi .:.::.::■:""■; 14,706 Welsh 728 Saxon United States b 103,984 14 Greek West Indies: Hindu West Indian, n. e. s Italian 208,794 o Not elsewhere specified. !> Including 186 United States citizens coming to Canada via ocean ports. By comparison with the statistical table on page 10 of this report it will be noted that 61,886 more immigrants were admitted to Canada during the last fiscal year than during the preceding fiscal year end- ing March 31, 1909. The number admitted during the fiscal year 1910, however, is 53,675 less than during the fiscal year ending March 31, 1908, which was the year of highest immigration to the Dominion. Immigration to Canada from the United States is chiefly respon- sible for the increase in the total numbers between the fiscal years ending March 31, 1909, and March 31, 1910, the figures for these years being, respectively, 59,926 and 103,984, or an increase of 44,068 in the latter year. Digitized by Microsoft® The Immigration Situation in Canada. 23 The movement to Canada during the fiscal year ending March 31, 1910, by geographical divisions, in comparison with immigration from the same countries in 1908 and 1909, is shown by the following table : TabIiE 19. — Total imtmgration, to Canada, hy specified countries or groups of countries, fiscal years 1908 to 1910. [Compiled from statistical tables lumished by Canadian immigration department.) Number. Per cent of total. Race, people, or country. 1908. 1909. 1910. 1908. 1909. 1910. Nortb and west European, including Icelandic. . Other European, Including Syrian 133,136 54,600 68,445 12,108 4,180 60,.274 21,680 69,926 2,388 2,640 70,151 28,237 103,984 2,437 3,985 60.7 20.8 22.3 4.6 1.6 41.0 14.8 40.8 1.6 1.8 33.6 United States 49.8 1.2 1.9 Asiatic Others Grand total 262,469 146,908 208,794 100.0 100.0 100 00 The most significant fact shown by the above table is the relative decrease of the European elements and the increase of the United States element in the immigration movement to Canada since 1908. It will be noted that in 1908 northern and western European coun- tries furnished 50.7 per cent of the total immigration, while the United States furnished 22.3 per cent. In 1910, however, 49.8 per cent of the total number of immigrants admitted to Canada came from the United States and 33.6 per cent from northern and western Europe. Immigration from southern and eastern Europe to Canada was rela- tively much less in 1910 than in 1908, the decrease being from 20.8 per cent of the total immigration in 1908 to 13.5 per cent of the total in 1910. A comparison between British and United States immigration to Canada during the years under discussion is shown by the following table : Table 20. — British and United States immigration to Canada, fiscal years 1908 to 1910. Country. 1908. 1909. 1910. 120,182 68,445 62,901 69,926 59,790 103,984 United States As previously stated, 1908 was the year of greatest immigration to Canada. In 1909 there was a sharp decline in the total number admitted, immigration from the United Kingdom being particularly affected. There was, however, a slight increase in the immigration from the United States in the latter year. The decline in immigra- tion to Canada between 1908 and 1909 was due to unfavorable con- ditions in the Dominion ; but it is worthy of note that while immi- gration from Great Britain in the latter year fell off, considerably more than one-half the movement from the United States was not checked. Improved conditions in the Dominion in 1910 resulted in an increase in the imn^ig;^^,tjgjj KPY^^JfW^ practically all sources ; u 79520°— vol, 40—11-^^ 24 The Immigration Commission. but it is a striking fact that immigration from the United States increased 73.5 per cent, while the increase from the United Kingdom was only 13 per cent. Data are not available to show what each State and Territory con- tributed to the immigration movement to Canada from the United States in 1910. Neither is information relative to the occupation of these immigrants available. The statistics furnished to the Com- missipn by the Canadian immigration department, however, show that included in the 103,984 persons admitted to Canada were 63,539 males, 20,725 females, and 19,720 children whose sex is not given. These last figures indicate that a large proportion of the movement from the United States to Canada was composed of families, which substantiates similar statements in this report relative to the immi- gration to Canada in other years. Digitized by Microsoft® Chapter II. IMMIGRATION TO CANADA FROM THE UNITED STATES. For many years Canada has made persistent and systematic effort to promote emigration from the United States to the Dominion. That the propaganda has resulted successfully is indicated by the fact that during the period from July 1, 1901, to March 31, 1909, the United States led all other countries in the number of immigrants furnished to Canada. England and Wales combined was the nearest competitor in this regard, as will be seen from the general statistical table on page 16. RECENT IMMIGRATION. The contribution of the countries mentioned to Canadian immigra- . tion during the period specified as compared with all other countries is shown by the following table : Table 21. — Total immigration to CoMada, 1901 to 1909, l)y race or country. [Compiled from statistical table furnished by the Canadian immigration department.] Race or country. Total im- migration. Per cent of total. 377,801 393,908 472,888 30.4 United States 31.6 All others 38.0 Total 1,244,597 100.0 The importance of the United States as a field for immigration effort by Canada is clearly understood when it is considered that in recent years nearly one-third of the total immigration into the Do- minion came from the States. Moreover, the class of immigrants furnished by this country is, according to Canadian officials, just the class desired to accomplish the government's purpose of developing the agricultural and other resources of western Canada. How the campaign to induce emigration from the United States is conducted is shown in the following extract from the annual report for 1908 of Mr. W. J. White, inspector of agencies and press agent, who directs the Canadian propaganda in this country : " There is not a State in the Union In which Canada is not advertised. The offices of the government are located in the best agricultural sections, with a view to being in easy touch with the surrounding country so as to make it possible for the agents to cover their respective districts with the least trouble. The offices are located as follows : M. v. Mclnnes, Sixth Avenue Theater Block, Detroit, Mich. C. A. Iiaurier, Marquette, Mich. Jas. N. Grieve, Spokane, Wash. 'Report of SuverintQf^f^^ ^^jgf^j^^(§ana.da., 1908, pp. 86-88. 25 26 The Immigration Commission. J. S. Crawford, 125 West Ninth street, Kansas City, Mo, T. O. Currie, 108 Third street, second floor, Milwaukee, Wis. J. M. McLachlan, box 626, Watertown, S. Dak. E. T. Holmes, 315 Jackson street, St. Paul, Minn. W. V. Bennett, 315 Board of Trade Building, Omaha, Nebr. Chas. Pilling, Clifford Block, Grand Porks, N. Dak. H. M. Williams, 413 Gardner Building, Toledo, Ohio. C. J. Broughton, 412 Merchants' Loan and Trust, Chicago. Benj. Davies, room 6, Dunn Block, Great Falls, Mont. W. H. Rogers, 316 Traction-Terminal Building, Indianapolis. Thos. Hetherington, 73 Tremont street, Boston. Thos. Duncan, 30 Syracuse Bank Building, Syracuse, N. T. Geo. A. Hall, 210 House Building, Pittsburg, Pa. The work of these agents is very much the same in character. At almost all the offices there are one or two assistants, whose duty it is to look after the correspondence, issue the certificate which entitles the applicant to the reduced rates afCorded by the Canadian railroads to the actual settler, and give to tlie caller all available information. At the end of the week the assistant keys the letters received according to post-offices and districts. The agent then selects the district that he should visit during the next or coming weeks and advises one or more of the correspondents that he will meet them and their friends at some given place on a set date, or if this is not possible, when necessary he visits the individual correspondent. He carries with him samples of the grains and grasses of central Canada, has with him a supply of literature, and quotes rates from their home to such a point in western Canada as they may desire to go to. He assists the Intending settler by securing him the lowest freight rates for his stock and effects, advises him the best way in which to get cars, and afterwards follows the course of the car to its destination. Very often the male members of the family move in advance of those dependent. When this occurs it is the duty of the agent to assist the family in every way possible in order to get a start. During the fall of the year exhibits of grain and grasses, roots, vegetables, etc., with which the agent has supplied himself, are taken from fair to fair and tastefully arranged ; then the agent's time is pretty well occupied in this way for from two to three months. A chain-letter system is adopted, -which is very effective in getting the names of those in a neighborhood who would likely be interested in Canada. To the names -thus secured literature and circulars are sent, and it is surprising the amount of effective work that is done in this way. It is sometimes the case that the manner in which one State may be worked will differ from another State. In each case, however, the agents keep me adviged as to what they feel is the best course to pursue, and I am always prepared to accept and act upon such suggestions as may be safely adopted. In some cases it is found that the management of a fair does not care to allow our exhibits to be placed, but these cases are so rare that it is scarcely necessary to refer to them. In most cases there is no difficulty what- ever in securing space, and in others managements have requested that we exhibit, offering a space free of charge. Generally, however, we rent a space in some building, and sometimes, unable to do this, ground space is rented. On this ground a temporary structure is sometimes erected, and in other cases a tent Is secured in which exhibits are placed. It is often necessary, in order to interest people in a certain district, to secure the assistance of one or two or more responsible men. Various ways are adopted in order to do this. One of the best methods is to secure transportation for these people and send them through to our western provinces to report to their friends. The agent fills up his report very carefully, and in this way gets in touch with a good class of people. Again, parties are accompanied as far as the boundary line, as there is a possibility that in passing through some of the Western States towns some of the people who may have been directed by the efforts of local agents to Canada may become interested in American lands. I referred in my last report to the inducements held out by Texas land agents. The railroad rates from St. Paul, Chicago, Des Moines, Omaha, Kan- sas, Indianapolis, and other points to Texas lands were much lower than those to Canada. The Western Passenger Association, however, has adjusted this, so that the rates are now more even ; therefore some of this difficulty has been overcome. There is stiD;gJi®ei(Ill(fcy Mar(2Sfi^(@rable of it is owing to the fact that Texas lands are reasonably low in price and an army of agents are The Immigration Situation in Canada. 27 at work throughout the country setting forth the advantages in Texas from a settler's standpoint. Besides the inducements held out by landowners in Texas, those offered by holders in Colorado, Montana, Wyoming, and South Dakota were sufficient to arouse a disturbing sentiment amongst possible movers and divert the attention of land seekers. These lands do not carry the advantages that Canadian lands do, but the desire to keep within one's own country is something that is hard to overcome. There is the wish to know what it has to offer before going out- side; It is true that Canada has the " last best West," but there is sufficient of the American West (whatever the character of the land may be) to keep the department and its corps of agents busy in the presentation of the superior advantages and opportunities afforded by Canada. In addition to the salaried agents mentioned above, the Canadian immigration department is represented in the United States by a large number of subagents in different parts of the country, who, as previously stated, are paid a bonus of $3 per man, $2 per woman, and $1 per child on bona fide settlers induced by them to settle in western Canada." Extensive newspaper advertising is one of the chief features of the Canadian campaign in the United States. Concerning this Mr. White says : * The country weekly and the farm journals are the principal mediums used. It is found that they reach the class of people mostly desirable as settlers. The city daily and magazine have not been used to any extent, not being found as valuable for reaching the farming public as the others just mentioned. Nearly 7,000 newspapers were contracted with. In recent years the Canadian authorities have encouraged tours of inspection through western Canada by United States editorial associations and newspaper writers generally, and Canadian rail- ways have cooperated in making such tours practicable. As a result articles and editorials relating to Canada have appeared in many newspapers in different parts of the country. It is stated that the publicity gained by this method has jnaterially aided Canadian agents in the campaign to induce emigration to Canada from the United States. Concerning the methods employed, and the success of Canada's immigration propaganda in the United States, Mr. White says : * It has not been considered advisable to make any changes in the method of advertising. The plan adopted In the early stages of the work, which has brought the number of settlers up from less than 1,000 to nearly 60,000 in the space of nine years, has been considered good enough to adhere to. No other plan can be submitted that would be more effective. Mr. White's reference to the growth of immigration to Canada from the United States is practically substantiated by statistics, as appears from the following statement showing such immigration since January 1, 1897:" 1897 2, 412 1898 9, 119 1899 11, 945 1900 (6 months ending June 30) 8,543 1901 18, 055 1902 - 26, 461 1903 49, 473 1904 45, 229 "Immigration Facts and. Figures,, Canada, 1909. » Report of SuperintendSig/fef lin£itgrat:i<5fl,S0ffl®da, 1906, p. 79. * Immigration Facts and Figures, Canada, 1909, and statistical table on p. iO. 28 The Immigration Commission. 1905 - 43. 652 1906 :::::::::::::::::::::::::::::::::::::::::::::: 57, 919 1907 (9 months ending March 31) ?t'!^^ 1908 58,445 1909 59. 926 Few data are available showing the racial composition of the emi- gration movement from the United States to Canada. Canadian official reports indicate that a considerable proportion of the emi- grants from the middle western States are Germans, Scandinavians, Finns, and other of non-English-speaking races who had previously come to the United States as immigrants. Canada has made special effort to induce former Canadians, and particularly French-Cana- dians, to repatriate themselves, with some measure of success. It is, nevertheless, probable that a considerable number of those composing the movement to Canada are native-born American farmers, who, through the Canadian propaganda, are attracted to the Dominion by the opportunity to secure free or cheap lands. - Beginning with the year 1908, the Bureau of Inmaigration has kept a record of aliens leaving the United States to settle permanently in another country, and the reports of the United States Commissioner- General of Immigration show that in the fiscal years 1909 and 1910, 64,672 left the United States 'for British North America. New- foundland is included in this term, but undoubtedly pTactically all went to Canada. So far as was ascertained, the races participating in this movement were as follows : Table 22. — Emigration of aliens from the United States to British North America, fiscal years 1909 and 1910, by race or people. [Compiled from reports of United States Commissioner-General of Immigration.] Kaoe or people. 1909. 1910. Total. AWcan (black) 77 20 48 144 97 176 8 1,747 371 237 3,445 3SS 246 511 539 2,100 31 399 371 106 1,017 4,179 740 36 63 63 30 69 1,380 11,873 107 16 23 190 288 191 17 1,828 560 207 1,296 184 405 498 667 1,326 16 284 370 48 1,157 2,403 782 286 62 72 26 68 195 20,644 184 35 71 Bulgarian, Servian, and Montenegrin 334 38S 367 Bastlndian 25 English ^"^f French 4^ German 539 651 Msh 1,009 Italian, North 1,206 Italian, South 3,425 46 Magyar 683 Poflsh 741 Boumanian 154 Bussian 2,174 6,582 Scandinavian Scotch 1,522 322 Slovak Spanish 125 Syrian 135 Turkish 59 Welsh 12? other peoples 1,575 32,617 Notspecined Total 30,478 34,194 64,672 Digitized by Microsoft® It will be noted that the race to which these emigrants belonged is reported in less than half of the cases, but so far as this information The Immigration Situation in Canada. 29 is available Scandinavians, Germans, Italians, English, Russians, and Scotch are the most important elements. It will be understood that the figures in the preceding represent persons who have not become naturalized in the United States and that account is not taken of United States citizens by birth or naturalization. Many of the emigrants dispose of their land or other property in the United States before emigrating, and Canadian officials estimate that in the fiscal year 1909 the United States immigrants brought to Canada, in stock, cash, and effects, upwards of $60,000,000.° As already stated, the middle western States are the chief source of the emigration to Canada. Data covering any considerable period of time are not available, but the following table will show which States were the largest contributors to the movement in the^fiscal years 1907 to 1909: Table ^.—Emigration from the United States to Canada, Juy 1, 1906, to March 31, 1909, ly States. [Compiled from statistics furnished by Department of the Interior, Canada.] State. Nme months ending Mar. 31, 1907. Fiscal year ending — Total. Mar. 31, 1908. Mar. 31, 1909. Number. Per cent. Illinois 1,543 1,909 645 1,221 6,680 X 744 620 6,121 667 317 1,041 3,580 1,078 9,682 3,914 3,666 1,012 2,257 9,763 1,247 1,476 12,609 639 822 1,413 4,208 2,458 12,961 2,666 2,594 1,775 2,069 7,349 831 3,247 10,573 1,091 1,097 1,133 7,917 1,880 15,704 8,123 8,169 3,432 5,547 22,792 2,822 6,343 29,303 2,297 2,236 3,687 15,705 5,416 38,347 6.3 5.3 2.2 Michigan 3.6 Hinneaota 14.9 1.8 New York 3.6 North Dakota 19.1 1.5 1.6 2.3 Washington 10.3 3.6 others 26.0 Total 34,748 58,445 59,926 153,119 100.0 Probably no other considerable movement of population from one country to another at the present time is so largely composed of agri- cultural people as is the emigration from the United States to Can- ada. As shown by the table on page 15, 120,450, or more than 78 per cent of the total number going to Canada in 1907, 1908, and 1909, were classed as farmers or farm laborers, which includes, also, ac- companying members of families, while less than 23 per cent of all other immigrants to Canada during the same period were of those classes. Of the races coming to the United States as immigrants dur- ing the fiscal years 1899 to 1908, inclusive, the percentage of farmers and farm laborers was highest among the Roumanians, it being 55.8 per cent of the total immigration of that race, while among all immi- grants to the United States in that period the percentage of farmers and farm laborers was 16." United States statistics relative to- occu- pations of immigrants, however, do not include accompanying women and children. It is probably true that the great majority of immi- grants to the United States change occupation in coming here, the rinteric Wa "Report of Supeririteriaent ot Immigratlon.'^anada, 1909, p. 80. 6 Reports of United States Commissioner-General of Immigration. 30 The Immigration Commission. opportunity to do so being the main incentive to their immigration. The movement from the United States to Canada differs in this re- gard, however, for, like earlier migrations vrestward in the States, it IS largely a movement from farm to farm, which in this_ instance means removal to a foreign country. While the Canadian immigra- tion propaganda in the United States is hj no means confined to the agricultural classes, practically the only inducement offered to all classes is free or cheap land, and j)robably the majority of the general laborers, mechanics, etc., who emigrate to Canada enter agricultural pursuits. HOMESTEAD ENTRIES. Nearly 45 per cent of the immigrants from the United States to Canada from 1900 to 1909 were homesteaders, and they made 70,182 free homestead entries, or 29.8 per cent of the total number of such entries made in the western Provinces during that period." In the year ending December 31, 1909, a total of 11,976 free home- stead entries were made in Canada by persons coming from the United States. The distribution of these entries according to the State or Territory from which the homesteaders emigrated is shown by the following table : Table 24. — Number of homestead entries made in Camada by immigrants from the United States, by States and Territories, calendar year 1909. [Compiled from statistics furnished by the Canadian Department art the Interior.] State or Territory. Jan. Feb. Mar. Apr. May. June July. Aug. Sept. Oct. Nov. Dec. Total. 1 1 2 ....„ 1 2 1 1 7 4 1 1 3 Alaska 1 1 1 3 10 1 3 ...... 1 13 3 8 Arkansas 1 1 1 1 2 1 ....„ 1 1 1 8 3 ■ "e" 11 7 California 3 1 1 1 7 1 10 3 2 S 2 18 3 95 22 Connecticut 7 Florida 2 1 4 2 20 51 19 60 19 2 1 5 2 i B 3 6 S 4 3 2 16 3 11 18 7 34 14 2 9 33 35 63 19 1 18 30 9 45 8 2 26 29 14 33 17 1 1 14 38 20 49 18 6 1 4 26 40 16 44 16 3 IS 49 28 90 22 13 1 5 40 21 18 51 15 2 11 26 6 21 5 2 195 Indiana 176 Iowa 502 160 4 Maine 1 2 4 35 138 22 15 13 3 2 6 81 243 18 23 26 3 1 1 29 Massachusetts 1 16 57 3 2 4 1 21 68 1 8 5 12 61 221 4 21 18 9 55 266 13 22 7 11 59 220 8 23 14 1 3 14 42 155 16 37 12 8 76 154 28 15 10 4 79 229 38 18 25 1 4 3 '"26" 4 330 21 6 30 10 7 66 238 11 39 11 3 3 2 42 110 1 11 9 79 611 2,089 183 234 154 5 Missouri Montana Nebraska Nevada New Hampshire 2 1 1 1 1 1 1 1 ...... 262 21 4 14 11 2 3 ""i" 14 3 230 21 12 18 10 1 20 1 25 3 661 22 7 17 8 1 22 ...... New York 4 2 12 29 1 463 22 10 26 9 17 4 331 9 12 14 6 1 19 "647' 4 13 18 9 1 179 North Dakota Ohio 159 2 1 6 1 1 190 4 3 1 3 291 12 12 6 7 626 12 14 10 17 221 5 9 7 6 4,311 \i 167 97 I Oklahoma - . Pennsyivauia Bliode Island o See tables j Digitized by f D, 16 and 17,„ licrosoff® The Immigration Situation in Canada. 31 Table 24. — Number of homestead entries made in Canada by immigrants from the United States, by States and Territories, calendar year 1909 — Continued. State or Territory. Jan. Feb. Mar. Apr. May. June. July. Aug. Sept. Oct. Nov. Deo. Total. South Carolina 2 93 3 4 1 2 3 74 "'"67' 5 2 South Dakota 26 2 23 1 62 2 3 6 86 3 2 4 1 47 68 49 4 6 4 2 36 1 1 5 32 4 3 4 68 5 4 2 1 31 1 ...... 621 26 Texas 1 5 4 3 2 28 Utah 1 1 35 10 Virginia 3 Washington ■WestV&ginia 17 12 3 13 40 2 29 3 80 7 79 4 62 1 44 8 55 1 49 4 57 2 73 2 51 3 52 4 72 1 63 3 94 5 51 3 25 1 20 629 26 Wisconsin 8 3 554 "Wymnmp . 39 Total 342 392 813 1,396 1,015 1,401 1,344 927 981 1,308 1,463 694 11,976 It will be seen from the foregoing table that every State and Ter- ritory in the Union, except Delaware and Mississippi, was repre- sented, but that more than one-half of the total number of entries were made by emigrants from North Dakota and Minnesota. During the month of January, 1910, 978 homestead entries were made in Canada by immigrants from the United States, as compared with 342 entries by such immigrants in January, 1909. It is unnecessary to comment on the importance of immigrants from the United States as factors in developing the agricultural re- sources of Canada. Numerically ' they already form a considerable part of the population of the western Provinces, and, according to Canadian officials, their experience and training in agricultural pur- suits, gained in the United States, are of great value to the Dominion. eabij:e:r immigration. Keliable data relative to the emigration movement from the United States to Canada prior to 1901 are not available. The Canadian cen- sus returns, however, shed some light upon the question as far as natives of the United States are concerned, by revealing the number of such persons in Canada in the census years 1871, 1881, 1891, and 1901, as shown by the following table : Table 25. — Natives of United States in Canada in census years 1811 to 1901, by Provinces. [Compiled from the Canada Year Book, 1908.] 1871. 1881. 1891. 1901. Provihees. Number. Increase. Number. Increase. Number. Increase. 4,088 2,239 43,406 14,714 2,295 1,654 5,108 3,004 45,552 609 19,415 116 m Per cent 6,567 3,063 4,278 3,238 42,702 582 18,524 1,961 Per cent. 186.1 85.2 6 16.2 7.8 6 6.3 6 4.4 6 4.6 1,590.5 17,164 6,922 5,477 4,394 44,175 764 28,405 13,877 6,721 Per cent. 161.4 126.0 25.0 34.2 4.9 28.0 35.7 Ontario 3.4 31.3 Quebec 31.9 53.3 607.6 Unorganized territories Total 64,447 77,753 20.6 80,915 4.1 127,899 58.1 6 0^^°°* '^"^ ^f^tized by Microsoft® c Includes territory now included in the Provbioes of Alberta and Saskatchewan. d Census not taken in 1871-1891. 32 The Immigration Commission. It will be noted that the Province of Ontario has led all others in the number of persons born in the United States, but that the num- ber was approximately the same at each census year. The same is essentially true of all the eastern Provinces except Quebec, In that Province the increase was insignificant until during the decade 1891-1901. The increase in that period was, in all probability, largely due to the emigration from New England of American-born chil- dren of French Canadian parentage. The table indicates that the emigration of natives of the United States to western Canada de- veloped to a considerable extent during the ten years prior to 1901. The numbers, however, are small compared with emigration from the United States to Canada in recent years, and the Canadian census of 1911 may be expected to show a large increase in the native United States element in Canada's population. THE RETURN MOVEMENT. It is impossible to state what proportion of the immigration to Canada from the United States is permanent. In practically all larger immigration movements of the present time, however, there is a relatively large return movement, and it is probable that a consid- erable per cent of the United States immigrants settling in Canada eventually resume a residence in the United States. This statement is substantiated by the following extract from the latest annual report of John H. Clark, United States Commissioner of Immigration in Canada. Mr. Clark says : " * * * there is an element in the travel from Canada to the United States, in which I feel our bureau will be especially interested, reference being had to citizens of our own country who, having settled in Canada, return to again take up their residence in the United States. Commencing with January 1 of the current year, a record has been compiled, showing that 6,869 of such citizens were interviewed by our officers during the past six months, and as containing important information, it has been directed that a similar record be obtained in the future. As the foregoing record covered that period of the year when the movement would naturally be northbound, I feel it perfectly safe to say that not less than 15,000 American citizens returned from Canada within the year to resume residence in the United States. CANADIAN EXPENDITURES IN THE UNITED STATES. As shown elsewhere * the Canadian immigration department ex- pended $1,936,000 in the United States during the fiscal years 1898 to 1908, inclusive. This amount was $293,000 more than was expended by the department in promoting immigration from the United King- dom during the same period, and only $564,432 less than the total expenditures of the department in Canada. The amount expended by the Canadian immigration department in the United States in the fiscal years 1901 to 1908, inclusive, com- pared with the immigration into Canada from the United States during the same period, is shown in the table following. •'Annual Report United States Commissioner-General of Immigration, 1909, p. 137. <• Page 7. Digitized by Microsoft® The Immigration Situation in Canada. 33 Table 26. — Canadian immigration expenditures in the United States, 1901 to 1908. [Compiled from Immigration Facts and Figures, Canada, 1909.] Fiscal year. Immigration, United States to Canada. Canadian immigration expenditures in United States. Amount per capita. 1901 18,055 26,461 49,473 45,229 43,652 57,919 34,748 58,445 J144,00O 178,000 161,000 205,000 325,000 248,000 151,000 250,000 1902 6 73 1903 3 25 1904 4 53 1906 1906 4 28 1907 (9 months) 4.35 1908. 4.28 Total 333,982 1,662,000 4.98 As previously stated, the Canadian government employs in the United States a large number of subagents who are paid a small commission or bonus on bona fide settlers induced by them to settle in Western Canada," but the commission paid for this service is some- what smaller than the bonus allowed to booking agents in the United Kingdom and other European countries. As a rule, subagents in the United States are not continuously employed in the work of inducing emigration to Canada, their service in this connection being incidental to other occupations. The number and per cent of immigrants from the United States, the United Kingdom, and continental Europe, on whom a bonus was paid from 1905 to 1909, inclusive, is shown by the following table : Table 27.- -Total immAgration to Canada, and numher of immigrants on whom, a 'bonus was paid, 6j/ cowitries, 1905 to 1909. [Compiled from Immigration Pacts and Figures, Canada, 1909.] United States." United Kingdom. Continental Europe. Fiscal year. Total immi- gration. Bonus paid on— Ill Bonus paid on — Total immi- gration. Bonus paid on — Number. Per cent. Number. Per cent. Number. Per cent. 190S 43,652 67,919 34,659 58,312 59,832 3,681 3,134 2,561 2,226 2,647 8.4 5.4 7.4 3.8 4.4 65,359 86,796 55,791 120,182 52,901 11,974 17,694 8,861 16,193 8,046 18.3 20.4 15.9 13.5 15.2 37,255 44,349 34,217 83,975 34,175 11,881 8,741 1,198 2,307 1,576 31.9 1906 19.7 1907 (9 mantbs) . 1908 3.5 2.7 1909 4.6 Total 254,374 14,249 5.6 381,029 62,768 16.5 233,971 25,703 11.0 o Not including 316 United States citizens who arrived in Canada via ocean ports. It will be noticed that the percentage of immigrants from the United States on whom a bonus is paid is much smaller than in the case of the British and other Europeans, and that in every instance the percentage of immigrants on whom a bonus was paid was con- siderably smaller in 1909 thaji in A905, th^^decrease being especially marked in the case of^W&m'vim^m. o Page 6. Digitized by Microsoft® Chapter III. nOIIGKATION TO THE UNITED STATES FROM CANADA. No reliable data are available to show the extent of immigration, to Canada from the United States for any considerable period prior to 1901. That such immigration, or at least permanent immigration, was, however, relatively small is indicated by the fact that in 1901 there were only 127,899 persons of United States birth in the Dominion." On the other hand, Canada has for a long time contributed largely to the population of the United States. As early as 1850 there were, according to the census of that year, 147,711 natives of Canada in this country. Each succeeding census showed a large increase in this number until in 1900 there were nearly one-fourth as many native-born Canadians in the United States as in Canada. The total number of natives of Canada in that country and in the United States in corresponding census years was as follows : Native-born Canadians in Canada : * 1871 2, 892, 763 1881 3, 715, 492 1891 4, 185, 877 1901 4, 761, 815 Native-bom Canadians in the United States : " 1870 493,464 1880 717,157 1890 980,938 1900 1, 181, 255 While the figures relative to Canadians in the United States do not of course represent the actual movement of population from the Dominion, they do show that Canada was an important source of immigration to the United States during the period considered. The growth and geographical distribution of the Canadian-born element in the population of the United States in census years since 1870 are shown in the following table : Table 28. — Natives of Canada, including Newfoimdland, in the United States in census years, 1870 to 1900. [Compiled from United States census reports.] 1870. 1880. 1890. 1900. Per cent of increase. GeograpMcal position. 1870 to 1880. 1880 to 1890. 1890 to 1900. North Atlantic 250,983 2,249 217,477 3,880 18,875 343,022 3,926 324,838 6,180 39,191 490,229 5,412 401,660 8,153 75,484 650,502 6,920 422,323 10,262 80,800 36.7 74.6 49.4 59.3 107.6 42.9 37.9 23.6 31.9 92.6 32.7 South Atlantic 27.9 North Central 5.1 South Central . 25.9 Western 7.0 Total 493,464 717,157 980,938 tf 1,181, 255 45.3 36.8 20.4 oTable46, p. 7& i> The Canada Year Book, 1908. <: United States census reports. r\;^;jn-,nri h,, AJ7l'<^K^»<^A(^ ersons in the militaiy amziuval tavieB/ewKeSBiIteiJ' States (including civilian employees, etc.) stationed abroad, not credited to any State or Territory, hut excludes Alaska and Hawaii. 35 36 The Immigration Commission. In the United States censuses of 1890 and 1900 Canadian-born persons were divided into two classes, French and English, the latter classification being based on language rather than race, and including of course persons of Scotch and Irish as well as of English descent. The number and geographical distribution of these elements in the population are shown in the following table : Table 29. — Natives of Canada,, including N eiD foundland, in the United States in, 1890 and 1900, hy race or descent. [Compiled from United States census reports.] Number. Per cent of increase 1890tol900. Geograpliical division. 1890. 1900. English. French. English. French. English. French. North Atlantic. . 260,875 5,128 335,947 7,759 68,733 229,354 284 65,713 394 6,761 345,342 6,284 345,304 8,802 79,C09 305,160 636 77,019 1,460 10,791 32.4 22.5 2.8 13,4 15.0 ki Soutli Atlantic 123.9 North Central 17.2 South Central 270.6 59.8 Total 678,442 302,498 "785,958 1395,297 15.8 30.7 a Includes persons in the military and naval service of the United States (includiiig civihan employees, etc.) stationed abroad, not credited to any State or Territory, but excludes Alaska and Hawaii. The above tables, however, indicate nothing concerning the many transoceanic immigrants to Canada who eventually settled in the United States. Although no statistical data exist to prove the asser- tion, it is a well-known fact that in the past a great many European immigrants to Canada have later emigrated from the Dominion to the States. This is particularly true of the English, Irish, and Scotch, but in more recent years the newer immigrant races have to a greater or less extent joined in the movement. _ During the past few years the United States Bureau of Immigra- tion has collected statistics relative to aliens entering the United States from Canada for the purpose of taking up a permanent resi- dence here, and the results show that the movement continues in spite of the fact that Canada is now one of the chief immigrant re- ceiving countries of the world. Digitized by Microsoft® The Immigration Situation in Canada. 37 J The following table shows the extent of the emigration movement ±rom Canada to the United States in 1908 and 1909 : I Table ZO.^Immigration to the United States from Orniada in fiscal years 1908 I and 1909, ty race, people, or descent. [Compiled from statistical table furnished by United States Bureau of Immigration.] Race, people, or descent.^ African Aimenian.. . Bohemian... Bulgarian... Croatian Cuban Dalmatian... Dutch East Indian. English Finnish French German Greek Hebrew Irish Italian: North.... Sooth.... Japanese Korean Lithuanian.. Number. 1908. Mexican Pacific Islander. Polish. Total. 176 367 60 717 467 1 52 541 ,23S 1,126 457 1,251 1,871 523 1,902 778 1,823 1,164 3 130 445 3 ,232 7 243 343 249 !,110 1,188 111 30 673 69 362 2 159 1909. 204 338 3,790 188 1 222 659 2 1 1,828 4 336 459 466 1,950 4,943 172 36 3 263 26 279 12 .Per cent of total. 1908. 0.4 97 .1 818 1.6 518 1.1 3 m 59 .1 420 1.2 126 2.8 10,563 23.1 502 1.0 12,870 9.7 3,206 6.6 476 1.2 2,917 6.6 3,900 6.7 1909. 0.4 1.8 6.4 4.9 C) {") C) 43,805 53,448 .6 .8 .6 4.8 1.5 .2 W 100.0 (") 1.5 1.0 .1 .8 .2 19.8 .9 24.1 6.0 .9 5.5 7.3 1.3 7.1 .4 C) 3 .4 1.2 3.6 9.2 .3 .1 .5 .5 .2 100.0 1 Includes native-bom Canadians and former immigrants to Canada. i Less than 0.05 per cent. The above table includes native-born Canadians as well as former immigrants to Canada, and although the proportion of each is known it is not possible with the data at hand to distinguish between them as regards " race, people, or descent." The records of the Bureau of Immigration and Naturalization for 1908 show that, of the 43,805 immigrants from Canada admitted to the United States in that year, 13,052 were native Canadians and 30,753 were foreign-born residents of Canada. Of the 53,448 immi- grants admitted from Canada in 1909, 24,118 were native Canadians and 29,330 were foreign-born. It should be clearly understood that those persons classified as foreign-born were former immigrants to Canada who had acquired a. residence in the D/aminign ^anii^hat ihe classification does not ^r,„l„^<. r«.,.=«r,= in iv.A^fmkPM'^mm'^n the United States. 38 The Immigration Commission. While it is not possible with the data at hand to classify according to their nativity the elements enumerated under " race, people, or descent " in the preceding table, it is safe to assume that the natives of Canada previously referred to were for the most part persons of English, French, Irish, and Scotch stock. In comparing the immigration of the two years considered, a large increase in the Canadian French element in 1909 is noted.^ This is no doubt accounted for by an increased demand for industrial work- ers in New England during that year. A noteworthy feature of the immigration to the United States from Canada in 1909 is the great relative decrease in the number of Asiatics admitted. It will 1^ noted that in 1908 the Japanese and East Indians or Hindus formed 7.7 per cent of the total immigration from Canada, while in 1909 they formed only 0.6 per cent of such inmiigration. Wlaile this fact is interesting as indicating a falling off in Asiatic immigration, it is chiefly significant when it is con- sidered that the decrease loUowed the practical exclusion of such immigrants from Canada," thus illustrating the effect upon the United States of Canada's control of immigration. The occupations of Canadian immigrants to the United States in the two years under consideration are shown in the following table: Table 31.^ — Oocupatioms of Canadian immigrants to the United States in fiscal years 1908 and 1909. [Compiled from statistical table furnisbed by United States Bureau of Immigration.] Fiscal year. Profes- sional. SkiUed la- borers. Farm- ers. Farm la- borers. Com- mon la- borers. Serv- ants. Nooo- cupar tions.o Miscel- laneous. Total. 1908 791 875 11,300 11,468 1,276 1,669 1,875 1,864 15,002 16,365 2,238 2,943 10,132 16,687 1,191 1,597 43,803 1909 53,448 Total 1,666 22,768 2,945 3,729 31,357 5,181 26,819 2,788 97,253 » Including women and children. The above table is chiefly interesting as showing the relatively small proportion of farmers and farm laborers entering the United States from Canada when compared with the large percentage of that class among persons; emigrating from the United States to Canada. As stated elsewhere, more than 78 per cent of the latter movement is composed of farmers and farm laborers and their fami- lies, while only 9.4 per cent of those entering the United States from Canada, excluding persons of no occupation, are so classed. The large proportion of skilled laborers among the Canadian immigrants to the United States is also noteworthy. In many respects the immigration from Canada is similar to that originating in Europe. There is the same preponderance of males, and, like immigration from all sources, the great majority of the im- migrants are from 14 to 45 years of age. There is a large percentage of illiterates among the immigrants from Canada, but this is chiefly » Chapter V. Digitized by Microsoft® The Immigration Situation in Canada. 39 accoimted for hj the presence of south and east Europeans. These facts are shown in. detail in the following table : Table 32. — Total number of immigrants to the United States from Canada in fiscal years 1908 and 1909, hy sex, age, literacy, and amount of money shown. [Compiled from statistical tables furnished by the United States Bureau of Immigration.] Total. Sex. Age. Literacy. Money, Fiscal year. Male. re- male. Under 14 years. 14 to 45. 45 and over. Can read but not write. Can neither Number bring- ing— Total amount of money shown. read nor ■write. $50 or more. Less than $50. 1908 1909 43,805 53,448 35,048 37,532 8,767 15,916 4,782 8,606 36,631 40,584 2,392 4,268 131 138 5,435 6,991 12,534 14,850 20,736 22,613 $2,417,348 3,464,237 Total.. 97,253 72,580 24,673 13,388 77,215 6,660 269 11,426 27,384 43,249 5,881,685 Concerning the cause of the emigration movement from Canada to the United States, Commissioner Clark, in his annual report for 1909, elsewhere quoted, says : " Should those interested in statistics Inquire for a cause for the above exodus of Canadians to the United States, it may be stated, as a result of. careful ques- tioning for manifest purposes, that, in many instances, the claim is made that native workmen are being replaced by those brought into Canada under the Government's immigration policy, and to accept this explanation is not difficult when we recall conditions existing in the United States, where in many of the great manufacturing centers, particularly in the New England States, native help has been entirely superseded by the foreign article. "Aimual report United States Commissioner-General of Immigration, 1909, p. 137. 79520°— VOL 40—11- 4 Digitized by Microsoft® Digitized by Microsoft® Chapter IV. THE CANADIAN IMMIGRATION lAW. At the time the Commission's report on the Immigration Situation in Canada" was presfented to Congress (Apr. 1, 1910) the Canadian immigration law of 1906 was in force, but Parliament had under con- sideration a government bill which proposed several more or less important changes in that law. The bill in question became a law May 4, 1910, and is included in the report referred to as an appendix, but the report as a whole necessarily concerns the law of 1906 and the biU by which it was proposed to anjend it. In what follows the laws of 1906 and 1910 are discussed without reference to the bill in ques- tion, and in this respect the present report differs from that of April 1, 1910. The Canadian law of 1910 is essentially like the law of 1906 in the more important details. Some additions were made to the classes denied admission to the Dominion and more or less important ad- ministrative changes were made, but as most of these changes had already been given the force of law through orders of the governor- general in council, the system of regulating immigration was not particularly changed by the legislation of 1910. Therefore refer- ences to the law of 1906 in what follows may as a rule be applied to the present Canadian law. EXCLUDED CLASSES. Notwithstanding the fact that Canada makes persistent efforts to promote immigration its law relative to the exclusion of undesirable immigrants is hardly less rigid than that of the United States. In fact, the classes excluded under the laws of both countries are nearly identical, as will be seen from the following comparison of section 3 of the Canadian law with section 2 of the United States law : * Canadian law of May 4, 1910, section 3. United States law of February 20, wot," section 2. 3. No Immigrant, passenger, or other 2. That the following classes of person, unless he Is a Canadian citizen, aliens shall be excluded from admis- or has Canadian domicile, shall be per- sion into the United States : All mitted to land In Canada, or in case of idiots, imbeciles, feeble-minded per- having landed in or entered Canada sons, epileptics, insane persons, and shall be permitted to remain therein, persons who have been Insane within who belongs to any of the following five years previous ; persons who have classes, hereinafter called "prohibited had two or more attacks of insanity classes : " at any time previously ; paupers ; per- " Senate Doc. No. 469, Sixty-first Congress, second session. * As amended by act of March 26, 3910. "The Canadian iTa^'a^^Si^^* to be so- recommend, either orally or by handbill or placard, or in any by licensed per- other manner, any Immigrant to or on behalf of any owner of a sons, vessel, or to or on behalf of any lodging-house keeper or tavern keeper, or any other person, for any purpose connected with the preparations or arrangements of such immigrant for his passage to his final place of destination in Canada, or In the United States or in other territories outside of Canada, or give or pre- tend to give to such immigrant any information, oral, printed, or otherwise, or assist him to his said place of destination, or in any way exercise the vocation of booking passengers, or of taking money for their inland fare, or for the transportation of their luggage, unless such person has first obtained a license from the Superintendent of Immigration authorizing him to act in such capacity. 39. No person, whether a licensed Immigrant runner, or agent Runners not or person acting on behalf of any steamboat company, railway ^jg''"^^^™^^ company, forwarding company, or hotel or boarding-house keeper passengers are or his agent, shall go on board any vessel bringing immigrants landed. into Canada after such vessel has arrived in Canadian waters, or into an immigration building or onto any wharf where Immi- grants are landed, or shall book or solicit any: immigrant by such vessel, before the immigrants are landed from such vessel, unless he is authorized so to do by the Superintendent of Immi- Unless 11- gration or immigration agent at the port of entry where such censea. vessel is to land its passengers. 40. Every keeper of a tavern, hotel, or boarding-house in any Lists of hotel city, town, village, or place in Canada, designated by any order gj^gg pr"es°fo in council, who receives into his house as a boarder or lodger be displayed. any immigrant within three months after his arrival in Canada, shall cause to be kept conspicuously posted in the public rooms and passages of his house and printed upon his business cards, a list of the prices which will be charged to immigrants per day and week for board or lodging, of both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street. (2) No such boarding-house keeper, hotel keeper, or tavern Lien on Im- keeper shall have any lien on the effects of such immigrant for ml g r a n t s' any amount claimed for such board or lodging for any sum ex- ^°°^^ "mited. ' ceeding $5. 41. If complaint be made to the Minister or the Superintendent inquiry in of Immigration against any railway company or other incor- ptafnt°agaln"t porated company of any offence or violation of this Act, or of a n y company any law of the United Kingdom or of any other country, in any as to violation matter relating to immigrants or Immigration, the Minister may cause such inquiry as he thinks proper to be made into the facts of the case, or may bring the matter before the Governor in Coun- cil in order that such inquiry may be made under the Inquiries Act. (2) If upon such inquiry it appears to the satisfaction of the i^j"^^''^ °* Minister that the company has been guilty of such violation, the Minister may require the company to make such compensation to the person aggrieved, or to do such other thing, as is just and reasonable; or may adopt measures for causing such proceedings to be instituted against the company as the case requires. 48. If both the immigii);to;ifeeQi|?y^;&©^e^@urviving immi- Property of grant parent, of any childor childrfe brought wTth them m any ™ml8|a°t Par-- vessel bound for Canada die on the voyage, or at any quarantine 90 The Immigration Commission. station or elsewhere in Canada while still under the care of an immigration agent or other officer under this Act, the Minister, or such officer as he deputes for the purpose, may cause the ef- fects of such parents or parent to be disposed of for the benefit of such child or children to the best advantage in his power, or, in his discretion, to be delivered over to any institution or person assuming the care and charge of such child or children. Intercourse 43. No officer, seaman, or other person on board of any vessel and'femaie fm^ t)''iiising immigrants to Canada shall, while such vessel is in migrants pro- Canadian waters, entice or admit any female immigrant passenger hibited. into his apartment, or, except by the direction or permission of the master of such vessel first made or given for such purpose, visit or frequent any part of such vessel assigned to female immi- grant passengers. Noticeoffore- 44. The master of every vessel bringing immigrant passengers to to be°Drated uD* Canada, shall, at all times while the vessel is in Canadian waters. ^' keep posted, in a conspicuous place on the forecastle and in the several parts of the said vessel assigned to immigrant passengers, a written or printed notice in the English, French, Swedish, Dan- ish, German, Kussian, and Yiddish languages, and such other lan- guages as are ordered from time to time by the Superintendent of Immigration, containing the provisions of this Act regarding the prevention of intercourse between the crew and the immigrant passengers, and the penalties for the contravention thereof, and keep such notice so posted during the remainder of the voyage. Inspection of (2) The immigration agent at the port of entry shall inspect deuce of"^ c*on- every such vessel upon arrival for evidence of compliance with travention. this section, and shall institute proceedings for any penalty in- curred for violation thereof. OFFENCES AND PENALTIES. False repre- 45. Every person who does in Canada anything for the purpose ^uce 0° deter °^ causing or procuring the publication or circulation, by adver- immigration. tisement or otherwise, in a country outside of Canada of false representations as to the opportunities for employment in Canada, or as to the state of the labor market in Canada, intended or adapted to encourage or induce, or to deter or prevent, the immi- gration into Canada of persons resident in that country, or who does anything in Canada for the purpose of causing or procuring the communication to any resident of such country of any such false representations, shall, if any such false representations are thereafter so published, circulated, or communicated, be guilty of an offence and liable, on summary conviction before two justices Penalty. of the peace, to a penalty for each offence of not more than $1,000 and not less than $50. , Vessels carry- 46. If any vessel from any port or place outside of Canada abovl*^S™ber comes within the limits of Canada having on board or having authorized. had on board at any time during her voyage — (a) Any greater number of passengers than 1 adult passenger for every 15 clear superficial feet on each deck of such vessel appropriated to the use of such passengers, and unoccupied by stores or other goods not being the personal luggage of such pas- sengers ; or (6) A greater number of persons, including the master and crew and the cabin passengers, if any, than 1 for every 2 tons of the tonnage of such vessel, calculated in the manner used for ascertaining the tonnage of British ships, the master of such Penalty. vessel shall incur a penalty not exceeding $20 and not less than $8 for each passenger or person constituting such excess. Masters not 47. If the master of any vessel does not, forthwith after such making report, yessel arrives at any port of entry in Canada, and before any entry of such vessel is allowed, deliver to the immigration agent at the port at which such vessel is to be entered a correct report, in the fornjT r,resfi'i|(^]^/*J^S^0ations in that behalf, of all the passengers on boaru such vesselat the time of her departure The Immigration Situation in Canada. 91 from the port or place whence she last cleared or sailed for Can- ada, and a true statement of the other particulars mentioned in the said form, he shall incur a penalty of $20 for each day during Penalty, which he neglects so to deliver such list, and $8 for each passenger whose name is omitted in such report. 48. If the master of any vessel arriving at any port of entry Masters per- in Canada permits any passenger to leave the vessel before he has ™g*|jf^ passen- delivered to the immigration agent at any such port a certified gets before re- and correct report in the form prescribed by the regulations in port certified. that behalf, and received permission from the immigration agent to allow the passengers to land, he shall incur a penalty not ex- ceeding $100 and not less than $20 for every passenger so leaving Penalty, the vessel. 49. Every pilot who has had charge of any vessel having pas- Pilots neg- sengers on board, and knows that any passenger has been permit- lect*ng to In- ted to leave the vessel contrary to the provisions of this Act, and vioStlon™ ac°t. who does not immediately upon the arrival of such vessel in the port to which he engaged to pilot her, and before the immigra- tion agent has given permission to the passengers to leave the vessel, inform the said agent that such passenger or passengers has or have been so permitted to leave the vessel, shall incur a Penalty, penalty not exceeding $100 for every passenger with regard to whom he has wilfully neglected to give such information. 50. If the master of any vessel arriving at any port of entry in Master neg- Canada (a) omits to report in writing to the immigration agent ifver report to at such port, in the report required by this Act to be delivered by immigration him on each voyage, the name and age of each passenger em- agent, barked on board of such vessel on such voyage who is lunatic, idiotic, epileptic, deaf and dumb, or dumb, blind, or infirm, or suffering from any disease or injury known to exist by the medi- cal officer of the ship, stating also as to each passenger whether he is accompanied by relatives, able to support him or not; or (6) makes any false report in any of such particulars, he shall incur a penalty not exceeding $100 and not less than $20 for Penalty, every passenger In regard to whom any such omission occurs or any such false report is made. (2) The owner of the vessel shall in such case also be liable Liability of for the aforesaid penalty, and, if there are more owners than one, °'''°^'^- such owners shall be so liable jointly and severally; but in any case under this section where a conviction has been obtained against the master of the vessel, no further prosecution against the owner of the vessel shall be instituted. 51. If the master of any vessel arriving at any port in Canada Master neg- refuses or neglects port°as to pas" (a) To mention in the report, in the form set forth in the iengers dying schedule to this Act, the name, age, and last place of residence of and their prop- any person who has died during the passage of the vessel, and to *"y- specify whether such passenger was accompanied by relatives or other persons, if any, who would be entitled to take charge of the moneys and effects left by such person, and the disposal made thereof, or ( B ) If there are no such relatives, or other persons entitled to take charge of such moneys and effects, to fully designate in the said report the quantity and description of the property, whether money or otherwise, left by such person, and to pay over and fully account therefor to the immigration agent for the port at penalty. which the vessel is entered, he shall incur a penalty not exceeding $1,000 and not less than $20. 52. If the master of any vessel arriving at any port of entry in Master corn- Canada where facilities for housing or inland carriage are not P|'j.'g'°^oP7g7°g immediately available, compels any immigrant to leave his vessel vessel before before the expiration of the period of twenty-four hours after 24 hours from the arrival of the vessel in the port or harbor to which the master '^ ^ ■ or owner of such vessel engaged to convey such immigrant, he ^^h^rL^oTpi^rMffiWif^'^^^*"^' '^'"''''^ "°"^' 92 The Immigration Commission. Removing (2) If such master, before tlie expiration of the said period, bertu, etc. remores any berth or accommodation used by any passenger, except with the written permission of the immigration agent at Penalty. the port of entry, he shall for each such removal incur a like penalty of $20. fusin^e^ to* land ®^" ^^ ^^^ master of any vessel arriving at any port of entry passengers^sils or refuses to land the passengers and their luggage, free of free. expense to the passengers, at one of the usual public landing places at such port of arrival, and according to the orders wliich he received from the immigration agent at such port, and at reasonable hours as fixed by such agent in accordance with the Penalty. regulations in that behalf, if any, he shall incur a penalty of $40 for each offence. Master refus- 54. If the master of any vessel arriving at any port of entry in inf t*o D^onerlT Canada, and having on board such vessel any passengers to whom 1 an d passen- this Act applies, refuses or neglects to land such passengers and gers. their luggage, free of expense, and by steam tug or other proper tender, if necessary, at the place appointed therefor by the Min- ister or the Superintendent of Immigration, under this Act, and at Penalty. reasonable hours fixed as aforesaid, he shall incur a penalty of $20 for each such passenger. Soliciting, 55. Every person who, at any port or place within Canada, for grants byotiier ^^^^' reward or gain, or the expectation thereof — t h a n licensed (») Conducts, solicits, or recommends, either orally or by persons. handbill, or placard, or in any other manner, any immigrant to or on behalf of (i) any owner of a vessel, or (ii) any railway company, or (iii) any lodging-house keeper or tavern keeper, or (iv) any other person, for any purpose connected with the prep- arations or arrangements of such immigrant for his passage to his final place of destination in Canada or in the United States, or to other territories outside of Canada ; or (6) Gives or pretends to give to such immigrant any informa- tion, printed or otherwise, or assists him to his said place of destination, or In any way exercises the vocation of booking passengers, or of taking money for their inland fare, or for the transportation of their luggage, shall, unless such person has first obtained a license from the Superintendent of Immigration Penalty. authorizing him to act in such capacity, incur a penalty of not more than $50 for each offence, boarding Ws^ *®' ^^^^^ licensed immigrant runner or agent, or person acting sels before pas- on behalf of any owner of a vessel, railway company, forwarding sengers landed company, or any hotel or boarding-house keeper, or his agent, who of *agent''*"°'* S*'®® °^ board any vessel bringing immigrants into Canada, or books or solicits any immigrant by such vessel, before the immi- grants are landed therefrom, shall, unless he is authorized by the Immigration agent at the port of entry where such vessel is to Penalty. land its passengers so to do, incur a penalty of $25 for each offence. Selling tick- 57. Every person licensed under this Act as an immigrant run- grants at exres- '^®i' <"■ agent, or person acting on behalf of any owner of a vessel, sive rates. railway company, forwarding company, or hotel or boarding- house keeper, and every person in his employ who sells to any immigrant a ticket or order for the passage of such Immigrant, or for the conveyance of his luggage at a higher rate than that for which it could be purchased directly from the company under- taking such conveyance, and every person who purchases any such ticket from an immigrant for less than its value, or gives in ex- Penalty, change for it one of less value, shall incur a penalty of $20 for each such offence, and the license of such person shall be forfeited. ers^^neeieculK ®®" ^^^^^ keeper of a tavern, hotel, or boarding-house in any to post up lists city, town, village, or other place in Canada, designated by order of prices or in council, who — c'e°^sl'°fhM'p^T ^"^ Neglects or refuses to post a list of prices and to keep busi- etc. 'ness cards on which Is printed a list of the prices which will be charged to Hammfl^,P937;day<,a^(Keek for board or lodging, or both, and tbSW^^iSVdsfjkfB^^Sms, and also the name of the The Immigration Situation in Canada. 93 keeper of such house, together with the name of the street in which the house is situated and its number in such street, or (6) Charges or receives, or permits or suffers to be charged or received, for board or lodging, or for meals in his house, any sum in excess of the prices so posted and printed on such business cards, or (c) Omits immediately, on any immigrant entering such house as a boarder or lodger or for the purpose of taking any meal therein, to deliver to such immigrant one of such printed business cards, shall incur a penalty not exceeding $20 and not less than $5. Penalty. 59. Every such boarding-house keeper, hotel keeper, or tavern Detaining ef- keeper who detains the effects of any immigrant by reason of any fects after claim for board or lodging after he has been tendered the sum tender of $5. of $5 or such less sum as is actually due for the board or lodging of such immigrant, shall incur a penalty not exceeding $25, and Penalty, not less than $5, over and above the value of the effects so de- tained, and he shall also be liable to restore such effects. (2) In the event of any such unlawful detention, the effects Recovery of so detained may be searched for and recovered under search war- sooaa detained, rant as in case of stolen goods. 60. Every officer, seaman, or other person employed on board of intercourse any vessel bringing immigrants to Canada who while such vessel ^^*^j|° ale im^ is in Canadian waters, entices or admits any female immigrant migrants, into his apartment, or, except by the direction or permission of the master of such vessel, first given, visits or frequents any part of such vessel assigned to female immigrant passengers, not being cabin passengers, shall incur a penalty equal in amount to Penalty. his wages for the voyage during which the said offence was committed. 61. Every master of any vessel who, while such vessel is In Permitting Canadian waters, directs or permits any officer or seaman or ^™p^J'5J.^*^j°^ other person employed on board of such vessel to visit or frequent portion as- any part of such vessel assigned to immigrants, except for the signed to immi- purpose of doing or performing some necessary act or duty as an grants, officer, seaman, or person employed on board of such vessel, shall incur a penalty of $25 for each occasion on which he so directs Penalty, or permits the provisions of this section to be violated by any officer, seaman, or other person employed on board of such vessel : Provided, That this section shall not apply to cabin passengers, or to any part of the vessel assigned to their use. 62. Every master of a vessel bringing immigrants to , Canada Neglecting to who neglects to post, and keep posted, the notice required by this post up notice Act to be posted regarding the prevention of intercourse between concerning im^ the crew and the immigrants and the penalties for contravention migrants. thereof as required by this Act, shall be liable to a penalty not Penalty, exceeding $100 for each such offence. 63. If during the voyage of any vessel carrying immigrants from Violation of any port outside of Canada to any port in Canada, the master ^oijl'^g^ljaw^s or any of the crew is guilty of any violation of any of the laws contract with in force in the country in which such foreign port is situate re- passengers, garding the duties of such master or crew toward the Immigrants In such vessel, or if the master of any such vessel during such voyage commits any breach whatsoever of the contract for the passage made with any Immigrant by such master, or by the owner of such vessel, such master or such one of the crew shall, for every such violation or breach of contract, be liable to a penalty not exceeding $100 and not less than $20, independently Penalty, of any remedy which such immigrants complaining may otherwise have. Contraven- 64. Every person who violates any provision of this Act, or of ^.^^^^ ^g^ otjjer- any order in council, proclamation, or regulation In respect of wise provided which violation no other penalty is provided by this Act, shall ior. incur a penalty not exceeding $100. Penalty. Digitized by Microsoft® 94 The Immigrauon v_ommission. Master per- 65. Every owner or master of a vessel who lands or permits to ked'fmmSant ^^^^ therefrom in Canada any immigrant or other passenger the to land and landing of whom is prohibited by this Act, or by any order in refusing to take council, proclamation, or regulation made thereunder, whether on toard when g^Q^ immigrant or passenger intends to settle in Canada or only require . intends to pass through Canada to settle in some other country, or who refuses or neglects, when thereunto lawfully required, to take on board his vessel any immigrant or passenger who has Penalty. been so landed, shall incur a penalty not exceeding $1,000 and not less than $100 for each such oflfence. Apprehension 66. Any person landed in Canada from a vessel, or brought into p'erso'ns who Canada by a railway company, in contravention of this Act, or shall he re- of any order in council or proclamation lawfully issued thereun- turned to ves- ^g].^ qj. any person landed for medical treatment who remains in whence*^Th e'y Canada in contravention of such order or proclamation, may be came. apprehended, without a warrant, by any immigration agent or Penalty. other government officer, and may, by force if necessary, be com- pelled to return to or be taken on board the vessel, and, in the case of a railway company, be returned to the country whence he came. Master of (2) Every owner or master of a vessel and every railway com- wlfy*' comp'any Pany or other person who violates the provisions of this section, violating this or who aids or abets any immigrant or passenger in acting in con- section, travention of such order or proclamation, or who refuses or neg- lects to take any such immigrant or passenger on board such Penalty. vessel or the cars of such railway company, shall incur a penalty not exceeding $1,000 and not less than $100 for each such offence. Refusal or (3) Every railway company which wilfully receives or trans- way compaify! POi'ts any such immigrant or other passenger, or which refuses or neglects, when thereunto lawfully- required, to take on board its cars any such immigrant or passenger, shall be liable to a Penalty. penalty not exceeding $1,000 and not less than $100 for each such offence. Apprehension 67. Any person found in Canada who has come into Canada tion of ?mna- within a period of two years from any other country by any grants llahle to means or mode of conveyance and who would be liable to exclu- exciusion. gjon qj- deportation under any of the provisions of this Act relat- ing to immigrants or passengers arriving by ship or railway train may be apprehended and compelled to return to the country whence he came. Deportation 68. In any case where deportation of the father or head of a ily, dependent *^™'^y ^^ ordered, all dependent members of the family may be me'mhers. deported at the same time. RECOVERY or PENALTIES. Duties a n d 69. Every duty or penalty Imposed under the authority of this fien^on ^'essei! "^^^ "P"'* ^^^ owner, charterer, or master of any vessel shall, until ■ payment thereof, be a lien upon any vessel of the company or owner or charterer in respect whereof it has become payable, and may be enforced and collected by the seizure and sale of the ves- sel, her tackle, apparel, and furniture, under the warrant or process of the magistrate or court before whom it has been sued for, and shall be preferred to all other liens or hypothecations e-x- cept mariners' wages. P«"alty Im- (2) Every penalty imposed under the authority of this Act way company ^P^"^ ^ railway company shall, until payment thereof, be a lien to be lien on or charge upon the railway property, assets, rents, and revenues property. of such company. PROCEDUKE. Where prose- 70. Every prosecution for a penalty under this Act may be insti- bro'"eht™^'' ^^ tuted at the place where the offender then is, before any justice of "^ • the peace ti^yijieJuBipdiction In sijfibv place, and may be recovered, upon summaSy'roSvitcion, at the sttit of any immigration agent, and the penalties recovered shall be paid into the hands of the Ihe Immigration Situation in Canada. 95 Minister of Finance and shall form part of tlie Consolidated Rev- enue Fund of Canada. (2) The justice of the peace may award costs against the Costs, offender as in ordinary cases of summary proceedings, and may, in the ease of an owner, charterer, or master of a vessel, also award imprisonment for a term not exceeding three months, to terminate on payment of the penalty incurred, and may, in his discretlQn, award any part of the penalty, when recovered, to the person aggrieved by or through the act or neglect of such offender. 71. If it appears to the justice, by the admission of such person Proceedings or otherwise, that no sufficient distress can be had whereon to levy when there is the moneys so adjudged to be paid, he may, if he thinks fit, refrain ^"gj^""''®"* from issuing a warrant of distress in the case, or, if such warrant has been- issued, and upon the retui-n thereof such insufficiency as aforesaid Is made to appear to the justice, then such justice shall, by warrant, cause the person ordered to pay such money and costs as aforesaid to be committed to goal, there to remain without ball for any term not exceeding three months unless such moneys and costs ordered to be paid, and such costs of distress and sale as aforesaid, are sooner paid and satisfied ; but such Imprisonment of a master of any vessel shall not discharge the vessel from the Lien not dis- lien or liability attached thereto by the provisions of this Act. '^''ccmvlctions 72. No conviction or proceeding under this Act shall be quashed or proceedings for want of form, nor, unless the penalty imposed is $100 or over, not to be be removed by appeal or certiorari or otherwise Into any superior ^nn/nf^for^*"" court. (2) Xo warrant or commitment shall be held void by reason Warrant and of any defect therein, if it is therein alleged that the person has not°to°be*'he?d been convicted and there Is a good and valid conviction to sustain y^jij, the same. (3) In the case of removal by appeal or certiorari or otherwise Security in of any conviction or proceeding under this Act into any Superior «^^e of appeal. Court, security shall be given to the extent of $100. for the costs of such removal proceedings to such superior court. 73. All expenses Incurred in carrying out the provisions of this Payment of Act and of affording help and advice to immigrants and aiding, ^g^^"^®^ under visiting, and relieving destitute immigrants, procuring medical assistance, and otherwise attending to the objects of immigration, shall be paid out of any moneys granted by parliament for any such purpose and under such regulations or under such orders in council, if any, as are made for the distribution and application of such moneys. Digitized by Microsoft® Digitized by Microsoft® Appendix B. ORDERS IN COUNCIL AND REGULATIONS, LAW OF 1906. Orders in Council. I. CERTIFIED COPY OF A REPORT OF THE COMMITTEE OP THE PRIVY COUNCIL, APPROVED BY HIS EXCELLENCY THE GOVERNOR-GENERAL ON THE 25TH FEBRUARY, 1908. On a memorandum dated 20th February, 1908, from the minister of the interior, stating that a very considerable number of emigrants arriving in Canada from the British Isles have either been rejected at Canadian ports or afterwards deported from Canada as undesirables, for causes named in the immigration act; That during the year 1907 there v?ere some 141 rejections and 441 deportations of British emigrants ; That among the many charitable and philanthropic associations actively engaged in the British Isles in sending and financially assisting immigrants to Canada are some whose work is chiefly among the unemployed, destitute, and incompetent classes in the congested centers of population. While the minister does not contend that some of these immigrants may not make successful citizens of Canada, nevertheless it is true that it is not the object of these associations to encourage the emigration of the really competent, industrious, and ambitious man so long as he succeeds in supporting himself, and that their operations are confined almost exclusively to the class from which it is very unlikely that the needs of Canada can be properly supplied. The class referred to includes not only the unemployed, but a large proportion of those who are a drug in the labor market from misfortune, incompetence, or indifference. In the case of these it is alleviation of their condition to trans- fer them here, because our experience is that they simply continue in the same condition, and are a detriment to Canada. While the associations engaged in this work often claim, and perhaps en- deavor to use, discrimination in the matter of selection, in effect it is found that emigrants are sent here who are entirely unsuited to the conditions prevail- ing in this country, and who are unlikely to succeed even under the most favor- able circumstances. The work of these associations does not come under the supervision of the Canadian immigration department in the British Isles, and it Is very advisable that more effective measures should be adopted, supervisory and restrictive, in regard to the undesirable classes. It might be mentioned that the department of the interior exercises a degree of supervision over a certain very limited class of immigrants who are sent out by the poor law guardians. If the guardians of a district are sat- isfied that a person who has been a charge on them is really capable of working his way in Canada, or elsewhere, under new conditions and with a fair start, they secure an appropriation from public moneys for the purpose of the emigration of such person. When an emigrant is sent out in this way, it is imperative that the consent of the assistant superintendent of emigration for Canada be obtained. In this way the department exercises some control. Independent inquiry is made, a medical certificate is obtained, and other pre- cautions are taken to make sure of the suitability of the emigrant. The minister is of the opinion that a similar system of inspection should be extended to all charitable and philanthropic societies or organizations operat- ing in England, whether using public money or funds provided by public generosity, so that persons whom they propose sending to Canada may be sub- ject to inspection by the 0^fi^^^j^^ip^g^|!g^@inadian Government emigra- 98 The Immigration Commission. tlon department in London as to their antecedents, both morally and physically, and as to their general suitability for settlement in Canada; such persons to be allowed entry into Canada only upon presentation of a proper certificate from the assistant superintendent of emigration ; and to be subject to exclu- sion and deportation in the usual way should they succeed in gaining ad- mittance to Canada in contravention of the regulations. The immigration act ( sec. 10 ) provides that : " The governor in council may, on the recommendation of the minister, make such orders and regulations, not Inconsistent with this act, as are considered ■ necessary or expedient for the carrying out of this act according to its true intent and meaning and for the better attainment of its objects." The minister therefore recommends that an order in council be passed prohibiting, from and after the 15th day of April, 1908, the landing In Canada of any person whose passage has been paid wholly or in part by any charitable organization or out of public moneys, unless it is shown that the authority in writing of the assistant superintendent of emigration for Canada in Loudon has been obtained for the emigration of such person, and that such authority has been acted upon within a period of sixty days. The committee submit the same for approval. RODOLPHE BOUDREAU, Glerh of the Privy C(yuncil. n. Prpvt Council, Canada, At the Government Hottse at Ottawa, Friday, 27th day of March, 1908. Present : His Excellency the Administrator in Council. The administrator in council is pleased to order, and it is hereby ordered, that the order in council of the 8th of January, 1908, which provides that in accordance with section 20 of the immigration act, chapter 93, Eevised Statutes of Canada, 1906, the Immigration agent at any port shall require every Immigrant, male or female, 18 years of age or over, arriving before February 15, 1908, to have in his or her possession money to the minimum amount of $50, or If arriving after February 15 and before April 1, a minimum amount of $25, in addition to a ticket to his or her destination in Canada, un- less satisfactory evidence is furnished that the Immigrant is going to some definite employment or to relatives or friends already settled in Canada who will take care of such immigrant, do continue in force until the 31st day of December, 1908, in so far as the provision for a minimum amount of $25 is concerned. RoDOLPHE BOtTDREAU, Clerk of the Privy Council. III. Privy Council, Canada, At the Government House at Ottawa, Wednesday, tlie 27th day of May, 1008. Present : His Excellency in Council. Whereas during the present session of Parliament an act has been passed repealing subsection 1 of section 30 of the immigration act, chapter 93 of the Revised Statutes, 1906, and substituting the following provision therefor: "30. The governor in council may, by proclamation or order, whenever he considers it necessary or expedient, prohibit the landing in Canada of any specified class of immigrants or of any Immigrants who have come to Canada otherwise than by continuous journey from the country of which they are natives or citizens and upon through tickets purchased in that country." And whereas it is considered expedient forthwith to prohibit the landing in Canada of immigrants who have come to Canada otherwise than as set forth in the said provision. Therefore, His Excellency in Council is pleased to order that from and after the date hereof the lanaB^Sizexk^$[iMllkOSedi®aCL the same is hereby, pro- The Immigration Situation in Canada. 99 hibited of any Immigrants who have come to Canada otherwise than by con- tinuous journey from the country of which they are natives or citizens, and upon through tlcl^ets purchased in that country. RODOLPHE BOTJDBEAU, Clerk of the Privy Council. IV. Peivy Councu., Canada, At the Government Hotjse at Ottawa, Wednesday, the 27th day of May, 1908. Present : His Excellency the Governor-General in Council. Whereas a considerable number of European immigrants arrive in Canada by way of United States Atlantic and Pacific seaports, coming In by rail from port of landing in the Ualted States, many of whom are of the classes pro- hibited by the immigration act from landing in Canada, and are for this reason or for causes arising within a period of two years of their arrival in Canada deportable under the act; And whereas upon the superintendent of immigration seeking to deport such persons, the railroad companies responsible for carrying them across the border have pleaded inability to take them back on the superintendent's order, for the reason that the persons sought to be deported were not legally admissible Into the United States, and would not be admitted Into that country, except for transit to port of landing and immediate delivery into the custody of the steamship company responsible for taking them back to the port or place from which they were brought; And whereas the steamship companies have been communicated with in this matter and each company has been asked to enter into an agreement according to the draft attached hereto ; And whereas the steamship companies have had this agreement and the request of the department of the interior with respect thereto before them since about the 23d of February, 1908, but the only company that has thus far executed the agreement is the Allan Line Steamship Company (Limited) of Glasgow, running ships to Boston, Mass., and Portland, Me. ; And whereas on account of the neglect of the other companies to attend to this matter the department of the interior is, at the present time, in the position of having some fifty-five deportable immigrants on its hands and being unable to deport them; Therefore His Excellency the Governor-General in Council in these circum- stances, and seeing that undesirable immigrants are constantly coming into Canada, as above described, and that the superintendent of immigration is unable to put the law In force with respect to such immigrants, is pleased to order, as a necessary measure of protection for Canada, under the authority of section 10 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, that all such immigrants as seek to come into Canada by rail, who have come from any country on any ship landing at a United States port belonging to any steamship company or owner who has not entered Into the agreement hereto annexed, shall be and they are hereby prohibited from landing in or coming into Canada. RODOLPHE BOUDREAU, Cleric of Privy Council. Privy Council, Canada, At the Government House at Ottawa, Wednesday, the 3d day of June, 1908. Present: His Excellency the Governor-General In Council. Whereas by the order In council of the 18th January, 1908, it is provided that in accordance with section 20 of the Immigration act, the imnllgration agent at any port shall require every Immigrant, male or female, 18 years of age or over, to have iP)j})}n-/Sri^T, pssesslo%jmoney to a minimum amount of $25, in addition to a ticrat Wnife^J5i"lier destiiMtion in Canada, unless satis- factory evidence is furnished that the immigrant is going to some definite em- 100 The Immigration v^ommission. ployment or to relatives or friends already settled in Canada who will take care of such immigrants, and by a further order in council of the 27th March, 1908, this arrangement is continued in force; And whereas Canada is looking primarily for immigrants of an agricultural class to occupy vacant lands, and as immigrants from Asia belong as a rule to laboring classes, and their language and mode of life render them unsuited for settlement in Canada where there are no colonies of their own people to insure their maintenance in case of their inability to secure employment, it is neces- sary that provision be made so that such immigrants may be possessed of suffi- cient money to make them temporarily independent of unfavorable industrial conditions when coming into Canada ; Therefore His Excellency the Governor-General in Council is pleased to order that the amount of money required to be in possession of each immigrant as a condition to his being permitted to enter Canada shall be, and the same is hereby, increased to $200 in the case of all Asiatic immigrants other than those with whose countries the Government of Canada has special arrangements or those concerning whose countries special statutory regulations exist on the part of Canada ; the conditions as to tickets to destination to remain as at present. RODOLPHB BOUDREAU, Cleric of the Privy Council. VI. Privy Council, Canada, At the Government House at Ottawa, Tuesday, the 23cl day of June. 1908. Present: His Excellency the Governor-General in Council. Whereas by sections 40 and 58 of the immigration act, chapter 93 of the Revised Statutes of Canada, 1906, it is provided as follows : " 40. Every keeper of a tavern, hotel, or boarding house in any city, town, village, or place in Canada, designated by any order in council, who receives into his house as a boarder or lodger any immigrant within three months from his arrival in Canada, shall cause to be kept conspicuously posted in the public rooms and passages of his house and printed upon his business cards a list of the prices which will be charged to immigrants per day and week for board or lodging or both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street in which it is situate, and its number in such street. " 2. No such boarding-house keeper, hotel keeper, or tavern keeper shall have any lien on the effects of such immigrant for any amount claimed for such board or lodging for any sum exceeding $5. " 58. Every keeper of a tavern, hotel, or boarding house in any city, town, village, or other place in Canada, designated by order in council, who — "(o) Neglects or refuses to post a list of prices and to keep business cards on which is printed a list of the prices which will be charged to immigrants per day or week for board or lodging, or both, and the prices for separate meals, and also the name of the keeper of such house, together with the name of the street in which the house is situated and its number In such street, or — "(6) Charges or receives, or permits or suffers to be charged or received, for boarding or lodging or for meals in his house, any sum in excess of the prices so posted and printed on such business cards, or — • "(c) Omits Immediately on any immigrant entering such house as a boarder or lodger, or for the purpose of taking any meal therein, to deliver to such immigrant one of such printed business cards shall incur a penalty not exceed- ing .$20 and not less than $5." And whereas it Is considered expedient to bring these sections into force in certain places; Therefore His Excellency the Governor-General in Council is pleased to designate, and doth hereby designate, for the purpose of sections 40 and 58 of the immigration act, the cities of Ottawa and Toronto, in the Province of Ontario; the cities of Quebec and Montreal, in the Province of Quebec; the city of Halifax, in the Province of Nova Scotia ; the city of St. John, in the Province of New Brunswick ; the city of Winnipeg, in the Province of Manitoba ; and the cities of VancouSra«toKC^Kl«ftKcrfOSld«ff®rovince of British Columbia, Ihe Immigration Situation in Canada. - 101 as cities within which every keeper of a tavern, hotel, or boarding house therein who receives into his house as a boarder or lodger any immigrant within three months of his arrival In Canada shall be subject to the requirements and the provisions of the said section 40 and to the penalties provided by the said sec- tion 58 in case of contravention thereof. RODOLPHE BOUDREAU, Clerlo of the Privy Council. VII. Peivy Council, Canada, At the Government House at Ottawa, Friday, the 11th day of September, 190S. Present: His Excellency the Governor-General in Council. His Excellency the Governor-General in Council, in virtue of the provisions of section 20 of the immigration act, chapter 93, Revised Statutes of Canada, 1906, is pleased, in view of the labor conditions and of the probable supply and demand for laborers in Canada during the coming winter to order and It is hereby ordered that in the case of immigrants arriving at Canadian ports be- tween the 1st day of January and 15th day of February, 1909, the immigration agent at any port shall require every immigrant, male or female, 18 years of age or over, to have in his or her possession money to the minimum amount of $50 in addition to a ticket to his or her destination in Canada unless satisfactory evidence is furnished that the Immigrant is going to some definite employment, or to relatives or friends already settled in Canada who would take care of such Immigrant, and that on the last mentioned date the money qualiflcatlou above prescribed be reduced to the minimum amount of $25 for each immigrant, and so remain until further ordered. RODOLPHB BoUDREAU, Clerk of the Privy Council. Immigration Regulations and Forms, memorandum for the guidance of immigration inspectors. Inspectors appointed to enforce the provisions of the Immigration act and the regulations made thereunder in respect to immigrants arriving In Canada by railway, or other means, are expected to use fair discretion In carrying out their duties, bearing in mind that the policy of the department is not one of ex- clusion of immigrants, excepting In cases where their admission Is directly pro- vided against in the act, or regulations, or is likely to be an injury to the community. The term " immigrant " means and Includes any person arriving in Canada by railway train or other mode of travel, provided such person has not pre- viously been domiciled in Canada. In any doubtful case where previous domicile in Canada is alleged as a reason for coming in the inspector is re- quired to closely question the party as to such domicile, ascertaining the address, length of residence, and how employed, as well as name and age of passenger, and these particulars are immediately to be reported to the superintendent of immigration, with date of arrival and particulars as to train, and form and number of ticket, together with Inspector's remarks as to reasons for objecting to passenger. Special attention is to be given to the classes designated as " undesirable " and the Inspector must see that none such are admitted. (1) Feeble minded, idiots, epileptics, insane, or those who have had an attack of Insanity within five years. (2) The Immigrant who may be afilicted with a loathsome disease, or with a disease that may become dangerous to the public health or widely disseminated, whether the immigrant intends to settle in Canada or only to pass through Canada to settle In some other country. (3) One who Is a pauper, a destitute, a professional beggar, or vagrant, or who Is likely to become a public charge, or one who has been convicted of a crime Involving moral tumitude. A prostitute, orone who procures, or brings, or attempts to bring intd-fSmH^ Qibalmli^SQM'Skoinen for purposes of pros- titution. 102 The Immigration Commission. The foregoing are absolutely prohibited from admission into Canada, and if any such are found on the train which the inspector is examining, he will notify the official or officials in charge of the train that such person or persons can not be admitted into Canada, but must be returned immediately. The inspector will require no other warrant or authority for this than that reposed in him by ■virtue of his appointment, and having taken the action thus indicated his re- sponsibility in the matter will cease until such time as he may find that his instructions are not being carried out. Then he will immediately advise the superintendent of immigration, Ottawa, by wire, following the telegram by a letter giving a complete history of the action, with particulars as to train, date, name of debarred immigrant, etc. (4) The law requires that an immigrant who is deaf and dumb, or dumb, blind, or infirm, must not be permitted to come into Canada unless he belongs to a family accompanying him, or already in Canada, and which family gives security satisfactory to the minister for his permanent support if admitted into Canada. In this relation if the inspector is satisfied that there are no other reasons to refuse admission, he will allow party to go forward with family, if they are on train, or to family, if they do not accompany, taking careful note of name, destination, permanent address, and form and number of ticket, so that the case may be followed up subsequently. If necessary. (5) It is provided by the regulations Issued under the act that Immigrants may be prohibited from coming into Canada, unless they come from the country of their birth, or citizenship, by a continuous journey, and on through tickets purchased before leaving the country of their birth, or citizenship. With respect to the above it may be remarked that authority is thereby given to exclude certain classes of persons, when the labor conditions prevailing in Canada render such action desirable. When the labor conditions are not such as to render necessary the general application of this regulation, inspectors are enabled, by it, to exclude individuals whom they may have reason to suspect are undesirable for any of the reasons for exclusion set forth in the immigra- tion act. Particular discretion will have to be exercised In cases coming under this clause. (6) Immigrants arriving between the 1st of December and 15th of February may be required to have in their possession $50 per adult passenger besides a ticket to destination, and at other times $25 per adult passenger and ticket to destination. While the inspector will be very careful in his examination to see that this clause Is complied with, he will not enforce it In cases where satisfactory evi- dence is furnished that the Immigrant Is going to some definite employment, or to relatives or friends already settled In Canada who will take care of such immigrant. For the complete checking up of trains, it may be necessary for the inspector to meet the Canada-bound trains at a station on the American side of the boundary line, and accompany train to the first point at, or within, the Cana- dian boundary. Inspectors are required to familiarize themselves thoroughly with the immi- gration act and amendments, and with any orders in council, proclamations or regulations, made thereunder, and they are further required at the end of each month, and from time to time as they may be instructed, to report in writing to the superintendent of immigration, Ottawa, upon blanks to be pre- scribed by him, the number of Immigrants passing through their respective ports of entry and such other particulars as may be ordered. Cases of doubt may, to save time, be referred to the superintendent of Im- migration at Ottawa, by telegraph. Schedule 2. obdeb of the ministeb op justice under the immigration act. To the {governor or warden) of the (gaol, prison, or penitentiary) : Whereas , an immigrant to Canada has within two years of his lauding in Canada becog)fhffeggqafl^9\/jyg^ (ji^ - (j/ ] f® [having been convicted (or being charged with) the cmne or — ^— The Immigration Situation in Canada. 103 And whereas under the provisions of the immigration act, as amended by I have been requested by the minister of the interior to issue an order to you, the said (warden or governor, as the case may be), for the delivery of the said to the person named in the warrant of the superintend- ent of immigration, with a view to the deportation of the said (immigrant) : Now linow you that I, the minister of justice of Canada, do hereby, under the provisions of the said act, order you, the said (warden or governor), to deliver the said to , who has been authorized by warrant of the superintendent of immigration to receive said from you with a view to his deportation under the provision of the said act. For which this shall be your sufficient warrant. Given at Ottawa this day of , in the year of our Lord 19 — , under my hand and seal of office. [L. s.] , Minister of Justice. WABEANT OF THE SUPEKINTENDENT OP IMMIGRATION UNDER THE IMMIGRATION ACT. To — — -■ of Whereas , an immigrant to Canada, has within two years of his landing in Canada become an Inmate of ; And whereas under the provisions of the Immigration Act, as amended by , the Minister of the Interior has ordered the deportation of the said im- migrant under the provisions thereof, and has applied to the Minister of Justice for an order addressed to the (governor or warden) of the (gaol, prison, or penitentiary), commanding him to deliver the said (immigrant) into your custody with a view to his deportation under the provisions of the said act ; Now know you that , Superintendent of Immigration, do hereby order and authorize you the said to receive the said (immigrant) from the said (governor or warden) and him the said (lmmigra"nt) safely to keep and to convey through any part of Canada and him to deliver to the trans- portation company or railway company which brought him to Canada, with a view to his deportation to the port from which he came to Canada. For which this shall be your sufficient warrant. Given at Ottawa this day of , in the year of our Lord 19 — , under my band and seal. [L. s.] . Superintendent of Immigration. The following form (67 Imm.) shows the evidence that is required to bring about the deportation of an undesirable immigrant. Copies of this form may be obtained by writing to the Superintendent of Immigration, Ottawa. Letters so addressed are carried post free. The recommendation to deport should be signed by a Mayor, Keeve, or other public officer having cognizance of the facts. The space for doctor's certificate may be left blank in cases other than those in which the cause of deportation is disease, or mental or physical dis- ability. FOB THE INFORMATION OF THE SUPERINTENDENT OF IMMIGRATION, OTTAWA. , 19—. Statement in re (undesirable immigrant). Aee, : nationality, ; arrived at port of • by steamship ; date of landing, ; traveled inland on Railway; present where- abouts ; why deportation is suggested, ; history in Canada, '■ whether able to pay the whole or any part of the cost of transporta- tion — ■ name and address of friends in the Old Country, ; rela- tionship, ; doctor's certificate, M. D. (address), . Deportation recommended by (Address), ■ . Form 67 Imm.] Note— Four copies of above are required, and if the undesirable is thought to be an American citizen, by birth or naturalization. Form 67 A. Supple- mentary Information InDf^feetf '^Tn.l-isirgbJ^/j^migrants from the United States " should also be completed in quadruplicate. 79520°— VOL 40—11 8 Digitized by Microsoft® Appendix C. OFFICIAL CIRCULAR OF CANADIAN SUPERINTENDENT OF IMMIGRATION. exclusion of over-seas immigrants. Department of the Interior, Canada, Ottawa, June i, 1909. In view of the fact that the immigration act at present in force has been amended several times, and that in accordance with its provisions its express terms have been supplemented by several orders in council, there is a possi- bility of misunderstanding arising between the several steamship and railway companies and the immigration department in the application of its exclusion provisions. As a help towards avoiding such misunderstanding it seems advisable that the immigration policy of the Canadian Government and the understanding of the interior department of the exclusion provisions of the immigration act should be stated as shortly and plainly although informally as possible: (1) Money is expended and administration is exercised with the object of securing immigrants whose purpose in life is to occupy farm lands, either as owners, tenants, or laborers. (2) Money is voted and administration is exercised with the object of ex- cluding those whose presence in Canada would tend to add to the congestion of our towns and cities. Immigration effort is made In those countries which are considered most likely to furnish the people coming within the first of the two classes above specified. No Immigration effort Is made in those countries which are considered likely to furnish the people coming within the second class. The act is interpreted and its administration conducted throughout, to give effect to the above two distinct lines of policy. Certain of the exclusion provisions of the immigration act are mandatory and apply equally to the people of every class and of every country. These are the provisions which exclude the physically, mentally, or morally unfit. Other provisions exclude for financial or other reasons not physical, mental, or moral. These provisions exclude : (1) Charity-aided immigrants. (2) Europeans who have In possession less than $25 in cash besides ticket to destination, and Asiatics who have less than $200 besides ticket to destina- tion ; excepting citizens of China or Japan, in regard to whom there are special arrangements. (Chinese must pay $500 head tax; Japanese must have in pos- session $25 cash and a passport.) (3) Immigrants who do not come by continuous passage from, and on ticket purchased In, the country of their birth or citizenship. Provision is made for relaxing the first of these causes of exclusion in the case of persons who have been inspected and approved before sailing by the assistant superintendent of immigration for Canada in England. No other re- laxation will be made. In regard to the second, provision is made for relaxation (a) m the case of persons going to friends permanently resident in Canada, who are capable of supporting them, and (6) in the case of those going to assured employment. The relaxation In the case of persons going to friends only applies to persons ordinarily dependent on such friends ; that is, wife or children going to husband or father; brother or sister going to brother, minors going to married or Inde- pendent sisters, or pa.veniSi@aiZ§dob^Mi(M08iO:Mie of supporting them. 105 106 The Immigration Commission. The provision as to relaxation of tlie money qualification, because going to assured employment, is dealt with as follows : (a) Immigrants from countries, other than those in which immigratiou effort is being made by Canada, can not be assumed by the immigration officials to be going to assured employment, and therefore each individual will be re- quired to produce the amount of money the regulations call for. (6) In view of the difficulties encountered by non-English speaking immi- grants in securing employment, even though coming from the countries in whicli Immigration effort is being made (in case of their not having the money re- quired and ticliet to destination), the agent must be satisfied by evidence whicli he must record that such immigrant is going to assured employment at farm work. (The over-sea countries in which immigration effort is made are: Great Britain and Ireland, France, Belgium, Holland, Germany, Denmark, Iceland, Norway, Sweden, and Switzerland.) (c) In case of English-speaking immigrants while the steamship companies must be prepared at all times for a strict enforcement of the money requirement, the agent may, in case the immigrant is otherwise desirable, accept a reasonable assurance that he will find employment, provided such employment is at farm work. Regarding the third cause for exclusion : All immigrants who are unable to satisfy the agent either that they have independent means of support or that they are suited to farm work and intend to engage in it, are liable to be ex- cluded under the indirect passage provision. The officials of the Immigration Department at ocean ports are being in- structed that they will be held strictly to account for the enforcement of tlie act in accordance with the foregoing statement of its terms. Digitized by Microsoft® Appendix D. OFFICIAL CIRCULAR TO BOOKING AGENTS IN THE UNITED KINGDOM. supplementary cibcxjlab. Immigration Branch, Department of the Interior, Ottawa, Novemier 15, 1906. To Booking Agents in the United Kingdom: It is the desire of the immigration department of Canada to have the most friendly relations with the booliing agents of the United Kingdom. With a view to preventing misunderstanding it is deemed desirable to set forth in plain terms the purpose of the government of Canada in pursuing an active immi- gration policy and the reasons governing it in the conduct of that policy. The bonus to booking agents of fl on adults and 10 shillings on children be- tween 1 and 18 is given to make it worth while for the booking agents to use his best exertions in securing for Canada the particular classes of people upon whom the bonus is paid. In a country with a population of nearly fifty millions, such as the United Kingdom, which has no new territory for occupation, there must necessarily be a large yearly increase of population, which must either find an outlet or add to the congestion of the great cities. Every year there is a very large movement of people from the United Kingdom to North America. For a long time the larger part of this yearly movement went to the United States and a very small part to Canada. That which went to the United States was lost to the Empire ; the part which went to Canada aided in building up the Empire. It is not the expectation of the government of Canada to increase unduly the outflow of. people from the United Kingdom, but it is its desire to turn to the benefit of the Empire in Canada a greater proportion of the natural and neces- sary annual outflow from the mother country. The Canadian government in confining the bonus to emigrants of certain call- ings has selected those callings which may fairly be expected to fit people for the opportunities existing in Canada. By making special exertions to secure these classes for Canada, the booking agents will be doing their best for the emigrants themselves, for Canada, and for the Empire. It is believed that, although the classes particularly desired by Canada might find a field for employment at home, the removal each year of some part of the natural increase there will leave room and opportunity for others who would, under other circumstances, be crowded out of these advantages. The classes of people on whom bonus is paid by the Canadian government are expected, by reason of their experience at home, to find scope for their abilities in the occupation of the vacant lands of Canada, in employment upon the lands now occupied and cultivated, or in the railway development now In progress. And while it is not asserted that people of other callings or condi- tions of life should not come to Canada, or may not find a career open to them in this country, it is desired to have it well understood that the govern- ment of Canada assumes no responsibility with respect to any other immigra- tion than that of the classes mentioned as eligible for bonus payment. It is not asserted that the farmer or farm laborer is necessarily a more desirable citizen than any other, but it is a simple fact that the demand in Canada is for people to occupy the as yet vacant lands of the country, to aid in the cultivation of those already occupied, and also to assist in providing additional transpor- tation facilities. This it is which justifies the government in assuming the expense of immigration effort. To go beyond the attempt to meet these require- ments would be to use the money of certain classes of Canadian taxpayers for the purpose of securing competitors against them in their several callings, for which they would na.tnra.W^^&>^^iift?/(tWtW0*l®nal bridge or highway; but The Immigration Situation in Canada. 119 shall not be held to include the master or other person in control or command of such vessel, ship, railway train, vehicle, bridge, highway or other contrivance for travel or transport, or any mem- ber of the crew or staff thereof; or military or naval forces and their families who are carried at the expense of the Government or the United Kingdom, or the Government of any British Domin- ion or Colony : Provided that any member of the crew of a ship or of the staff of a railway train or other contrivance for travel or transport who deserts or is discharged in Canada from his ship or railway train or other contrivance for travel or transport shall thereupon be considered a passenger within the meaning of this Act; (fc) "stowaway" means a person who goes to sea secreted in a ship without the consent of the master or other person in charge of the ship, or of a person entitled to give such consent; or a person who travels on any railway train or other vehicle without the consent of the conductor or other person authorized to give such consent ; (0 "ship" or "vessel" includes every boat and craft of any kind whatsoever for travel or transport other than by land; (ot) "master" means any person in command of a ship or vessel ; (n) " owner " as applied to a ship or vessel includes the char- terers of such ship or vessel and the agent of the owner or charterer thereof; (o) "port of entry" means any port, railway station or place in Canada at which there is an officer and where inspection of immigrants may be carried on; (p) "land," "landed" or "landing," as applied to passengers or immigrants, means their lawful admission into Canada by an officer under this Act, otherwise than for inspection or treatment or other temporary purpose provided for by this Act ; (q) "rejected," as applied to an immigrant or other person seeking to enter Canada, means that such immigrant or other person has been examined by a Board of Inquiry or officer acting as such and has been refused permission to land in Canada ; (r) " deportation " means the removal under authority of this Act of any rejected immigrant or other person, or of any immi- grant or other person who has already been landed in Canada, or who has 'entered or who remains in Canada contrary to any pro- vision of this Act, from any place in Canada at which such immi- grant or other person is rejected or detained to the place whence he came to Canada, or to the country of his birth or citizenship ; (s) " immigrant station " means any place at which immigrants or passengers are examined, inspected, treated or detained by an officer for any purpose under this Act, and includes hospitals maintained for the purposes of this Act ; (<) "transportation company" means and includes any cor- porate body or organized firm or person carrying or providing for the transit of passengers, whether by ship, railway, bridge, highway or otherwise, and any two or more such transportation companies co-operating in the business of carrying passengers ; (m) "Immigration Act" or "Act" shall be held to Include all orders in council, proclamations, and regulations made hereunder. Proviso. " Stowaway." " Ship." " Master." " Owner." " Port of en- try." " Landed." ' Rejected." " Deporta- tion." " Immigrant station." " Transporta- tion company." "Act." PROHIBITED CLASSES. 3. No Immigrant, passenger, or other person, unless he Is a Prohibited Canadian citizen, or has Canadian domicile, shall be permitted to ^'flp^l^ts"* '™' land In Canada, or in case of having landed In or entered Canada shall be permitted to remain therein, who belongs to any of the following classes, hereinafter called " prohibited classes " :— (a) Idiots, imbeciles, feeble-minded persons, epileptics. Insane Persons men- persons, and persons who have been Insane within five years '•*"'' defective. previous. Digitized by Microsoft® 79520°— VOL 40—11 9 120 The Immigration Commission. Diseased per- (6) Persons afflicted with any loathsome disease, or with a sons, disease which is contagious or infectious, or which may become dangerous to the public health, whether such persons Intend to settle In Canada or only to pass through Canada in transit to some other country : Provided that if such disease is one which is curable within a reasonably short time, such persons may, sub- ject to the regulations in that behalf, if any, be permitted to remain on board ship if hospital facilities do not exist on shore, or to leave ship for medical treatment. Persons phys- (c) Immigrants who are dumb, blind, or otherwise physically Ically defective, (jefective, unless in the opinion of a Board of Inquiry or officer acting as such they have sufficient money, or have such profes- sion, occupation, trade, employment or other legitimate mode of earning a living that they are not liable to become a public charge or unless they belong to a family accompanying them or already in Canada and which gives security satisfactory to the Minister against such immigrants becoming a public charge. Criminals. (f^) Persons who have been convicted of any crime involving moral turpitude. Prostitutes (e) Prostitutes and women and girls coming to Canada for and pimps. any immoral purpose and pimps or persons living on the avails of prostitution. Procurers. (/) Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of prostitution or other Immoral purpose. Beggars and (q) Professional beggars or vagrants, or persons likely to be- vagrants. come a public charge. Charity im- (h) Immigrants to whom money has been given or loaned by migrants. any charitable organization for the purpose of enabling them to qualify for landing in Canada under this Act, or whose passage to Canada has been paid wholly or in part by any charitable organization, or out of public moneys, unless it is shown that the authority in writing of the Superintendent of Immigration, or in case of persons coming from Europe, the authority in writing of the assistant Superintendent of Immigration for Canada, in Lon- don, has been obtained for the landing in Canada of such per- sons, and that such authority has been acted upon within a period of sixty days thereafter. Persons not (i) Persons who do not fulfil, meet or comply with the condl- complylng with tions and requirements of any regulations which for the time regu at ons. ^gjug are in force and applicable to such persons under sections 37 or 38 of this Act. Permit to en- 4. The Minister may issue a written permit authorizing any ter Canada. person to enter Canada without being subject to the provisions of this Act. Such permit shall be in the form A of the schedule to this Act, and shall be expressed to be in force for a specified period only, but it may at any time be extended or cancelled by the Minister in writing. Such extension or cancellation shall be in the form AA of the schedule to this Act. APPOINTMENT, POWERS AND DUTIES OF OFFICEES. Officers ap- g. The Governor in Council may appoint a superintendent of ernor in Couu- ^^'S'^^tion, commissioners of immigration, and such other offi- cii, cers as are deemed necessary for carrying out the provisions of this Act. ! Immigration 2. The Governor In Council may establish and maintain immi- offlces. gration offices at -such places within and outside of Canada as from time to time seems proper. Officers ap- 6. Subject to any regulations in that behalf, the Minister may is'tei'"'' ^^ '^'^ aiipoint or employ, either permanently or temporarily, any subor- dinate officers, not otherwise provided for, required in furtherance of the provisions and objects of this Act, inchiding medical officers, inspectors, guards, matrons and nurses at immigrant stations, and may confeDjpfeeiaidfe^ MiOr&^eif^ them with, such power and duties as he considers necessary or expedient. The Immigration Situation in Canada. 121 7. Subject to any regulation in that behalf, all officers appointed Assistance in or having authority under this Act may, in emergency, employ |ency. ^"^"^ such temporary assistance as is required for carrying out any duty devolving upon them under this Act, but no such employment shall continue for a period of more than forty-eight hours without the sanction of the Minister. 8. When at a port of entry there is no immigration oflBcer avail- immigration able for duty under this Act, the chief customs officer at that port ^^^^^ ex-omcio. or any subordinate customs officer designated by him shall be, ex-officio, an immigration officer. 9. Every officer appointed under this Act shall perform all Duties of of- duties prescribed for him by this Act, or by any order in council, '^^''®" proclamation or regulation made thereunder, and shall also per- form such duties as are required of him by the Minister, either directly or through any other officer ; and no action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorized merely because it was not taken by the officer specially appointed or detailed for the purpose. . >, .^^ 10. Every officer appointed under this Act shall have the author- ^ _ ^ c l a l con^- ity and power of a special constable to enforce any of the provi- stable. sions Qf this Act relating to the arrest, detention or deportation of immigrants, aliens or other persons. 11. All constables and other peace officers in Canada, whether jj ° („ g^ecSte appointed under Dominion, provincial, or municipal authority, orders of Min- shall, when so directed by the Minister or by any officer under this ister. Act, receive and execute according to the tenor thereof any written order of the Minister, or of the Minister of Justice, or of a Board of Inquiry or officer acting as such, and any warrant of the Superintendent of Immigration, for the arrest, detention or deportaton of any immigrant, alien or other person in accordance with the provisions of this Act. ,. . , 12. For the preservation of the peace, and in prder that arrests ^jght^of jocal may be made for offences against the laws of Canada, or of any fm^igrant sta- province or municipality thereof, wherein the various immigrant tious. stations are located, the officers in charge of such immigrant sta- tions, as occasion may require, shall admit therein any constables or other peace officers charged with the enforcement of such laws ; and for the purposes of this section the authority of such officers and the jurisdiction of the local courts shall extend over such immigrant stations. APPOINTMENT, POWEES AND PEOCEDTJBE OF BOARDS OF INQtIIET. 13 The Minister may appoint three or more officers, of whom Appointment the immigration officer in charge shall be one, at any port of entry, g ^"^'•^^ "* to act as a- permanent Board of Inquiry for the summary deter- i ^■ mlnatlon of all cases of immigrants or passengers seekmg to enter Canada or detained for any cause under this Act ^ ^ . 14 Such Boards of Inquiry shall have authority to determine Authority of whether an immigrant, passenger or other person seeking to enter ^oaras. Canada or detained for any cause under this Act, shall be allowed to enter or remain in Canada, or shall be rejected and deported. 15. The hearing of all cases brought before such Board of HeaHng of Inquiry shall be separate and apart from the public, but m the<=as«s by boaid. presence of the immigrant, passenger or other person concerned whenever practicable, and such immigrant, passenger or other per- son shall have the right to be represented by counsel whenever any evidence or testimony touching the case is received by the Board, and a summary record of proceedings and of evidence and testi- mony taken shall be kept by the Board. T»tin,.ofPvi 2. The Board, and any member thereof, may, at discretion, ad- Takingofevi- minister oaths and take evidence under oath or by affirmation In any form which they deem binding upon the person being '^f?'?fall such cases, sSch. Boa^ftiC M4a»?Q^ at the hearing, ^/^Ji cvide^nee receive and base its decision upon any evidence, considered credible 122 The Immigration Commission. or trustworthy by such Board in the circumstances of each case; and In all cases where the question of the right to enter Canada under this Act is raised the burden of proof shall rest upon the immigrant, passenger or other person claiming such right. Decision of 17. The Board of Inquiry shall appoint its own chairman and pi-eTaii. secretary to keep the record of its proceedings, and in all cases and questions before it the decision, which decision shall be in writing, of a majority of the Board shall prevail. Cases where 18. There shall be no appeal from the decision of such Board of l'owea^''^l'r m Inquiry as to the rejection and deportation of immigrants, pas- board, sengers or other persons seeking to land in Canada, when such decision is based upon a certificate of the examining medical offi- cer to the efEect that such immigrants, passengers or other persons are afflicted with any loathsome disease, or with a disease which may become dangerous to the public health, or that they come within any of the following prohibited classes, namely, idiots, imbeciles, feeble-minded persons, epileptics and insane persons: Proviso aa to Provided always that Canadian citizens and persons who have zens^*^'^" '^'*'" Canadian domicile shall be permitted to land in Canada as a matter of right. Cases where 19. In all cases other than provided for in the next preceding ffom^boMd'''*'^ section an appeal may be taken to the Minister against the de- cision of any such Board of Inquiry or officer in charge by the immigrant, passenger or other person concerned in the case, If the appellant forthwith serves written notice of such appeal, (which notice may be in form C in the schedule to this Act), upon the officer In charge, or the officer in whose custody the appellant may be, and shall at the same time deposit with such officer the sum of twenty dollars for himself and ten dollars for each child or other person dependent upon such appellant and detained with him, such sum to be used for the purpose of defraying the cost of maintaining the appellant and those dependent upon him, pend- ing the decision of the Minister on such appeal. In case of the appeal being allowed by the Minister or by the Board of In- security for quiry on a re-hearing, then the said sum shall be returned to the cost of malnte- appellant ; and in case of the appeal being disallowed by the Min- appeal ^®" ^°^ ister or by the Board of Inquiry on a re-hearing, then the balance of such sum, if any, after deduction of regular detention charges for board, shall be returned to the appellant; and the appellant shall forthwith be deported. Notice of ap- 20. Notice of appeal and deposit of the said sum shall act as a ^ stay of all proceedings until a final decision is rendered by the Minister, and within forty-eight hours after the filing of the said notice and deposit of the said sum a summary record of the case Stay of pro- shall be forwarded by the immigration officer in charge to the ceedlngs. Superintendent of Immigration, accompanied by his views thereon in writing, custolv'^pend" ^^- Pending the decision of the Minister, the appellant and those Ing decision of dependent upon him shall be kept in custody at an immigrant Minister. station, unless released under bond as provided for in section 33 of this Act. ot^o™(f "to"! ^^- ^^^^ ^^^'■® i® ^'^ Board of Inquiry at a port of entry, or at exercised by of- ii neighbouring port to which a person detained under this Act fleer in charge, could Conveniently be conveyed, or to which a case for decision could conveniently be referred, then the officer in charge shall exercise the powers and discharge the duties of a Board of Inquiry and shall follow as nearly as may be the procedure of such Board as regards hearing and appeal and all other matters over which it has jurisdiction. Jurisdiction 23. No court, and no judge or officer thereof, shall have jurisdic- cases*'""/ re]e° ^'"'^ *** review, quash, reverse, restrain or otherwise interfere tion and de- with any proceeding, decision or order of the Minister or of any portation re- Board of Inquiry, or officer in charge, had, made or given under strlcted. ^jjg authority and in accordance with the provisions of this Act relating to 0feifffii»tf ij^ ^M:W2fiJ(M® n of any rejected immigrnnt, passenger or other. person, upon any ground whatsoever, unless such person is a Canadian citizen or has Canadian domicile. The Immigration Situation in Canada. 123 24. The Governor in Council may make sucli further regulations Further regii- governing the procedure of Boards of Inquiry and appeal there- w" "oafds.'" ° from as are deemed necessary. SPECIAL PROVISION AS TO PASSENGEKS BY VESSEL. 25. It shall be the duty of every transportation company bring- Passengers ing passengers or other persons to Canada by vessel to prevent*". ^. landed such passengers or other persons leaving such vessel in Canada at desfgnateS ^*by any time or place other than as designated by the immigration of fleer In officer in charge, and the failure of any such company to comply ciiarge. with such duty shall be an offence against this Act and shall be punished by a fine of not more than five hundred dollars and not Penalty, less than twenty dollars, in respect of each such passenger or person and every passenger or other person so landed may be arrested and detained for examination as contemplated under section 33 of this Act. 26. The master shall furnish to the immigration officer in charge Bin of health, at the port of entry a bill of health, certified by the medical officer of the vessel, such bill of health being in the form and containing such information as is required from time to time under this Act. 27. Before any passengers are permitted to leave a vessel in Officer °iay Canada the immigration officer in charge, or any officer directed fSip "^ "°ara by him, may go on board and inspect such vessel, and examine and take extracts from the manifest of passengers, and from the bill of health. 2. The master shall permit any examination of passengers re- „e^it* exami°- quired under this Act to be made on board his vessel whenever nation of pas- so directed by the immigration officer in charge. sengers on 28. Medical officers appointed under this Act shall make a physi- board ship, cal and -mental examination of all immigrants and passengers Medical ex- seeking to land in Canada from any ship or vessel, except in the p^g°nge°g °* case of Canadian citizens and persons who have Canadian domi- cile. Such examination shall be made in accordance with and subject to regulations prescribed by the Superintendent of Immi- gration under the direction or with the approval of the Minister. 29. The immigration officer in charge, after satisfying himself When per- that the requirements of this Act, and of any order in council, "^||^'^°J;.°'''^^ proclamation or regulation made thereunder, have been carried be granted, out, shall grant written permission to the master of the vessel to allow the passengers to leave the vessel. SPECIAL PBOVISION AS TO PASSENGEKS BY LAND. 30. Every transportation company carrying passengers in Can- ^^J^ifJ"'!'*' „„ .a„ 1 1. 5 „l,„n <=„« +!,« T.„,.T,oc,QO nf tlnio int ha ^nn oi /I Oforl „„ companies. 1.0- _ _ _ Liability of ada by land shall,' for the purposes of this Act, be considered as.op™p^tfn|^ one with any transportation company with which it co-operates or makes or affords connection whether in Canada or not and whether under the same management or not, and shall be liable for any offence against this Act by any company with which it so co-operates or makes or affords connection. 31. Regulations made by the Governor in Council under this Act t °Ss'Dortatio°n may provide that the obligations of transportation companies companies bringing immigrants and passengers into Canada by land shall bringing pas- be similar to those imposed by this Act on masters and owners of sengers by land, vessels bringing immigrants and passengers to Canada, including the furnishing of names and descriptions of such immigrants and passengers. Detention of 2. Such regulations may also provide that officers under this tjaing. Act shall have the power to hold and detain railway trains, cars and other vehicles entering Canada until examination of immi- grants and passengers has been made as required by this Act; and may provide penalties for non-compliance with such regula- tions by transportation companies, or any official or employee thereof. Digitized by Microsoft® 124 The Immigration Commission. Obligations of 3. guch regulations may also impose a duty upon transportation c'om'p'a*n'ies*^°™P^'^^®^ *^° Pi'ovide, equip and maintain suitable buildings for to provide de- the examination and detention of passengers for any purpose tention build- under this Act at such ports of entry or border stations as may '°s^- be designated by ttie Minister ; and may provide penalties for non- compliance by transportation companies with such regulations: ProTlso. Provided that no transportation company shall be made liable for the safe-keeping of any person who is in custody of an officer for any cause under this Act, unless such person is on a vessel, rail- way train or other vehicle belonging to or operated or controlled by such company. i o^r ^ex1im?na- ^^' Subject to any regulations made under the preceding section, tion of passen- the Superintendent of Immigration, under the direction or with gers along the the approval of the Minister, shall prescribe regulations for the border. entry, inspection and medical examination of immigrants and pas- sengers along the border of Canada so as not to unnecessarily delay, impede or annoy passengers in ordinary travel. LANDING OF PASSENGEBS. Landing of 33. Every passenger or other person seeking to land in Canada passengers. ghall first appear before an immigration officer, and shall be forth- with examined as required under this Act, either on shipboard or on train or at some other place designated for that purpose. Answers to 2. Every passenger or other person seeking to land in Canada questions. shall answer truly all questions put to him by any officer when examined under the authority of this Act. Doubtful 3. Every passenger or other person so examined shall be imme- eases. diately landed unless the examining officer has reason to believe that the landing of such passenger or other person would be con- trary to any provision of this Act. Examination 4. Every passenger or other person, as to whose right to land cases?"" ^^^ examining officer has any doubt, shall be detained for further examination by the officer is charge, or by the Board of Inquiry, and such examination shall be forthwith conducted separate and apart from the public, and upon the conclusion thereof such pas- senger or other person shall be either immediately landed or shall be rejected and kept in custody pending his deportation. Deportation. 5. An order for deportation by a Board of Inquiry or officer in charge may be made in the form B in the schedule to this Act, and a copy of the said order shall forthwith be delivered to such passenger or other person, and a copy of the said order shall at the same time be served upon the master or owner of the ship or upon the local agent or other official of the transportation com- pany by which such person was brought to Canada ; and such per- son shall thereupon be deported by such company subect to any appeal which may have been entered on his behalf under section 19 of this Act. Duty to re- 6. Every person who enters Canada except at a port of entry port entry. shall forthwith report such entry to the nearest immigration officer and present himself for examination as provided by this section. Avoiding port 7. Any person who enters Canada except at a port of entry, of entry. q,. ^jjq ^^ ^ p^p^- ^f entry eludes examination by an officer or Board of Inquiry, or who enters Canada by force or misrepresen- tation or stealth or otherwise contrary to any provision of this Act, or who escapes from the custody of an officer or from an Immigrant station when detained for any cause under this Act, shall be guilty of an offence under this Act, and liable on convic- tion to a fine of not more than one hundred dollars, and may be arrested and detained without a warrant by any officer for ex- amination as provided under this section ; and if found not to be a Canadian citizen, or not to have Canadian domicile, such entry shall in itself be sufficient cause for deportation whenever so ordered hj MjBfmAjca IjiqpvvMtffMceT in charge subject to any appeal whitS^:E6^aWlMS' gtfWtW under section 19 of this Act. The Immigration Situation in Canada. 125 8. Any transportation company or person knowingly and wil- Penalty foi- fully landing, or assisting to land or attempting to land in Canada, \^^^'i^^njP™J^'j" any prohibited Immigrant or person wliose entry into Canada has been forbidden under this Act, shall be guilty of an offence and shall be liable on conviction, to a fine of not more than five hun- dred dollars and not less than fifty dollars for each prohibited immigrant or other person so landed In Canada, or vyhose landing in Canada vfas so attempted. 9. Any transportation company or person interfering with or interference resisting an immigration ofiicer in the performance of his duty ^^^^ officer in under this Act, or iinowingly and wilfully assisting in the escape ^uty.'^""'"™ of any person detained by an ofiicer, or at an immigrant station, for any purpose under this Act, or giving false information to an oflScer, whereby such officer is induced to land or permit the land- ing of any person in Canada who otherwise would be refused landing for any cause under this Act or would be detained for examination, shall be guilty of an offence, and shall be liable to a fine of not more than five hundred dollars and not less than twenty dollars for each such offence. 10. Every person who enters Canada as a tourist or traveller Penalty for or other non-immigrant, but who ceases to be such and remains ^"^^^y^Q '"'^° in Canada, shall forthwith report such facts to the nearest immi- such failing to gration officer and shall present himself before an officer for report, examination under this Act, and in default of so doing he shall be liable to a fine of not more than one hundred dollars and shall also be liable to deportation by order of a Board of Inquiry or officer acting as such. 11. Pending the final disposition of the case of any person de- Release under tained or taken into custody for any cause under this Act he may i,° " 2 ^rI,oIR be released under a bond, which bond may be in the form F^ ' in the schedule to this Act, with security approved by the officer in charge, or may be released upon deposit of money with the officer in charge in lieu of a bond, and to an amount approved by such officer ; upon condition that such person shall appear before a Board of Inquiry or officer acting as such at any port of entry named by the officer in charge, and at such time as shall be named, for examination in regard to the cause or complaint on account of which he has been detained or taken into custody. 12. If such person fail to appear for examination at such time Failure to and place named, or shall fail to keep and observe every other amtaatlon"^ ^^ condition under which he is so released, then such bond shall be enforced and collected, and the proceeds thereof, or the money deposited in lieu of a bond, as the case may have been, shall be paid Into the hands of the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada ; and such per- son may be taken into custody forthwith and deported by order of a Board of Inquiry or officer acting as such. MEDICAL TEEATMENT OF SICK AND DISABLED PASSENGERS. 34. A passenger or other person seeking to enter Canada or who Medical has been rejected or is detained for any purpose under this Act, treatment, who is suffering from sickness or physical or mental disability, may whenever it is so directed by the Superintendent , of Immi- gration or officer in charge be afforded medical treatment on board ship or in an immigrant station, or may be removed to a suitable hospital for treatment, according as the officer in charge decides is required by existing circumstances and the condition of the person's health as reported upon by the examining medical officer. 2. If, In the opinion of the Superintendent of Immigration, or When trans- of the officer in charge, the transportation company which brought ganies liable" such person to Canada failed to exercise proper vigilance or care for cost of In so doing, then the cost of his hospital treatment and medical medical treat- cSS an^ "^^zmmmM'dim ^^^fz ^' " 126 The Immigration Commission. such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior. Cost of at- 3. The Superintendent of Immigration, or officer in charge, pendent "' ^^.y, whenever it is considered necessary -or advisable for the proper care of such persons, direct that a suitable attendant, or someone upon vchom such person is dependent, or someone who is dependent upon such person, as the case may be, shall be kept with such person during his medical treatment on board ship or at an immigrant station or hospital, or in case of deportation from any place within Canada shall accompany such person to his port of embarkation from Canada ; and the cost thereof shall be paid by the said transportation company whenever In the opinion of the Superintendent of Immigration it has failed to exercise proper vigilance or care as aforesaid, and otherwise the cost thereof shall be collected from such person, and if that be not possible then the cost thereof shall be paid by the Department of the Interior. Hospital 35. A passenger or other person permitted to enter Canada for tcfccmstltute™^'^''^^^ treatment under this Act shall not be regarded as landed landing. within the meaning of this Act. Regulations 36. The Superintendent of Immigration, under the direction or for entry of with the approval of the Minister, shall prescribe regulations scms^for treat- whereby Sick and diseased persons may enter Canada for treat- ment at Cana- ment and care at any health resort, hospital, sanitarium, asylum dian sanitarl- or other place or institution for the cure or care of such persons, urns. KEGTJLATIONS AS TO MONETARY AND OTHER REQUIREMENTS FROM SPECIFIED CLASSES OF IMMIGRANTS. Immigrants 37. Regulations made by the Governor in Council under this Act qufred to pos- ™^y provide as a condition to permission to land in Canada that sess prescribed immigrants and tourists shall possess in their own right money to amount ofa prescribed fiiinimum amount, which amount may vary according money. ^^ ^^^ race, occupation or destination of such immigrant or tourist, and otherwise according to the circumstances ; and may also pro- vide that all persons coming to Canada directly or indirectly from countries which issue passports or penal certificates to persons leaving such countries shall produce such passports or penal cer- tificates on demand of the Immigration officer in charge before being allowed to land in Canada. 38. The Governor in Council may, by proclamation or order whenever he deems it necessary or expedient, — Prohibition ((j) prohibit the landing in Canada or at any specified port qf uot™omfng toS'itry In Canada of any Immigrant who has come to Canada other- Canada by con- wise than by continuous journey from the country of which he is tlnuous Jour- a native or naturalized citizen, and upon a through ticket pur- ^^^' chased in that country, or prepaid In Canada ; Prohibition (ft) prohibit the landing In Canada of passengers brought to pas^eng^er°s Canada by any transportation company which refuses or neglects brought by to comply with the provisions of this Act ; companies neg- (0) prohibit for a stated period, or permanently, the landing in ply with "pro^ Canada, or the landing at any specified port of entry in Canada, of visions of this immigrants belonging to any race deemed unsuited to the climate ^'^h !,(>,! + ■ *"" requirements of Canada, or of immigrants of any specified class, of specified o<^f"Pation or character. classes of Immigrants, and closing of specified ports. Duty of com- 39. When any Immigrant or other person is rejected or ordered convey rejected ^° ^^ deported from Canada, and such person has not come to Immigrants 1 Canada by continuous journey from the country of which he is a countryof birth native or naturalized citizen, but has come indirectly through or citizenship, jmo^iigj. country, which refuses to allow such person to return or be returned to It, then the transportation company bringing such person to such other country shall deport such person from Can- ada' to the country of which he is a native or naturalized citizen whenever smdiaected ifx Jtfc/^Mtoirt/B? or Superintendent of Immi- gration ani^Wm^cm 'afWct^ttahsportatlon company, and in The Immigration Situation in Canada. 127 case of neglect or refusal so to do, such transportation company shall be guilty of an offence against this Act, and shall be liable to a fine of not more than five hundred dollars and not less than Penalty. twenty dollars for each such offence. DEPOKTATION OF PROHIBITED AND UNDESIRABLE CLASSES. 40. Whenever any person, other than a Canadian citizen, within Duty "^ o*- three years after landing in Canada has been convicted of a crim- complaint ^''t o inal offence in Canada, or has become a prostitute or an inmate Minister re- of a house of ill-fame, or by common repute has become a procurer garding unde- or pimp or person living on the avails of prostitution, or has be- ^"■*'"^ classes, come a professional beggar or a public charge, or an inmate of a penitentiary, gaol, reformatory, prison, hospital, insane asylum or public charitable institution, or enters or remains in Canada contrary to any provision of this Act, it shall be the duty of any officer cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars. 41. Whenever any person other than a Canadian citizen advo- Duty of of- cates in Canada the overthrow by force or violence of the govern- com'plaint ^To ment of Great Britain or Canada, or other British dominion. Minister c o n - colony, possession or dependency, or the overthrow by force orcerning certain violence of constituted law and authority, or the assassination of gfrable^classes any official of the Government of Great Britain or Canada or other British dominion, colony, possession or dependency, or of any foreign government, or shall by word or act create or attempt to create riot or public disorder in Canada, or shall by common repute belong to or be suspected of belonging to any secret society or organization which extorts money from, or in any way attempts to control, any resident of Canada by force or threat of bodily harm, or by blackmail; such person for the purposes of this Act. shall be considered and classed as an undesirable immigrant, and it shall be the duty of any officer becoming cognizant thereof, and the duty of the clerk, secretary or other official of any municipality in Canada wherein such person may be, to forthwith send a written complaint thereof to the Minister or Superintendent of Immigration, giving full particulars. 42. Upon receiving a complaint from any officer, or from any investigation clerk or secretary or other official of a municipality, whether directly o f complaints or through the Superintendent of Immigration, against any person ^"^^aWe'class- alleged to belong to any prohibited or undesirable class, the Minis- es. ter may order such person to be taken into custody and detained at an immigrant station for examination and an investigation of the facts alleged In the said complaint to be made by a Board of Inquiry or by an officer acting as such. Such Board of Inquiry or officer shall have the same powers and privileges, and shall follow the same procedure, as if the person against whom com- plaint is made were being examined before landing as provided in section 33 of this Act; and similarly the person against whom complaint is made shall have the same right and privileges as he would have if seeking to land In Canada. 2. If upon investigation of the facts such Board of Inquiry or . Deportation examining officer Is satisfied that such person belongs to any of '° ^""^^ '^''^^^■ the prohibited or undesirable classes mentlohed in sections 40 and 41 of this Act, such person shall be deported forthwith, as provided for In section 33 of this Act, subject, however, to such right of appeal as he may have to the Minister. 3. The Governor in Council may, at any time, order any such Or a e r t o person found by a Board of Inquiry or examining officer to belong ""'^'^ "- to any of the undesirable classes referred to In section 41 of this Act to leave Canada within a specified period. Such order may be in the form D in the schedule to this Act, and shall be in force as soon as it Is served unm such DCTso»..or isleft^for him by any officer at the last known 'i^dW^Wi&MIF'^^^m'ot such person. 128 The Immigration L^ommission. Penalty for 4. Any person rejected or deported under this Act who enters ported person*"' remains in or returns to Canada after such rejection or deporta- remainlng i n tion without a permit under this Act or bther lawful excuse, or o r re-entering -wiio refuses or neglects to leave Canada when ordered so to do by Canada. j-j^g Governor in Council as provided for in this section, shall be guilty of an offence against this Act, and may forthwith be ar- rested by any officer and be deported on an order from the Min- ister or the Superintendent of Immigration, or may be prosecuted for such offence, and shall be liable, on conviction, to two years imprisonment, and immediately after expiry of any sentence im- posed for such offence, may be again deported or ordered to leave Canada under this section Deportation 5. in any case where deportation of the head of a family is °fy^^ " ordered, all dependent members of the family may be deported at the same time. And in any case where deportation of a de- pendent member of a family is ordered on account of having be- come a public charge, and in the opinion of the Minister such Deportation circumstance is due to wilful neglect or non-support by the head o f dependent or other members of the family morally bound to support such member off am- ^gpgjj^^jjj. ujgmbers, then all members of the family may be de- ported at the same time. Such deportation shall be at the cost of the persons so deported; and if that be not possible then the cost of such deportation shall be paid by the Department of the Interior. Detention of 43. When any person has, within three years of landing In Can- ers*^for ^depor- ^^^' become an inmate of a penitentiary, gaol, reformatory or tation. 'prison, the Minister of Justice may, upon the request of the Min- ister of the Interior, issue an order to' the warden or governor of such penitentiary, gaol, reformatory or prison, which order may be in the form B in the schedule to this Act, commanding him after the sentence or term of imprisonment of such person has expired to detain such person for, and deliver him to, the officer named in the warrant issued by the Superintendent of Immigra- tion, which warrant may be In the form BE In the schedule to this Act, with a view to the deportation of such person. Order of 2. Such order of the Minister of Justice shall be sufficient au- j'u s tice'and*'^''"*^'^ *" ^^^ warden or governor of the penitentiary, gaol, re- warrant of formatory or prison, as the case may be, to detain and deliver superintendent such person to the officer named in the warrant of the Superin- of immigration, j-gujgjjj; ^f Immigration as aforesaid, and such warden or governor shall obey such order, and such warrant of the Superintendent of Immigration shall be sufficient authority to the officer named therein to detain such person in his custody, or In custody at any Immigrant station, until such person is delivered to the authorized agent of the transportation company which brought such person into Canada, with a view to deportation as herein provided. OBLIGATIONS OF TBANSPOBTATION COMPANIES IN CASES OF BEJBCTION AND DEPOETATION. grants. Return of re- 44. Every immigrant, passenger, stowaway or other person OTn'nta ' ™ ™ ' " brought to Canada by a transportation company and rejected by the Board of Inquiry or officer in charge, shall. If practicable, be sent back to, the place whence he came, on the vessel, railway train or other vehicle by which he was brought to Canada. The cost of his maintenance, while being detained at any immigrant station after having been rejected, as well as the cost of his return, shall be paid by such transportation company. 2. If any such transportation company — Refusal to (a) refuses to receive any such person back on board of such board ° " vessel, railway train or other vehicle or on board of any other ves- sel, railway train or other vehicle owned or operated by the same transportation company, when so directed by the officer in charge ; or. Failure to (j,) fails Jo detam.anv such peESon thereon; or. Failure to (") ref udGyfflP^9sb|)6 ^feas^Mo the place whence he came return. to Canada ; or. The Immigration Situation in Canada. 129 id) refuses or fails to pay the cost of his maintenance while Failure to on land awaiting deportation ; or, piy cost main- (e) makes any charge against any such person for his main- *™h°?gin(r de tenance while on land, or for his return to the port of embarka- ported poison tion, or takes any security from any such person for the payment *"'' m a i n t e - of such charge; nance. such master, agent, owner or transportation company concerned shall be guilty of an offence against this Act, and shall be liable to a fine of not more than five hundred dollars and not less than fifty Penalty dollars for each offence; and no such vessel shall have clearance from any port of Canada until such fine is paid. 45. Every person ordered to be deported under this Act who has Deportation been brought to Canada by ship, shall be reconveyed free of '"' ^ * ® ^ ^ ' "^ charge, by the railway company or companies which brought him have°been land" to the place in Canada where he is being detained for deportation, ed in Canada, to the ocean port where he was landed, or the nearest available winter ocean port, as may be directed by the Board of Inquiry, and thence he shall be conveyed free of charge by the transpor- tation company which brought him to Canada to the place in the country whence he was brought or to the country of his birth or citizenship, and in such manner as to passage accommodation as may be directed by the oflScer in charge; and similarly every such person brought to Canada by a railway train or other ve- Deportation hide shall, subject to the regulations under sections 31 and 32 by train, of this Act, be reconveyed free of charge by the transportation company which carried him to the place in Canada where he is rejected or where he is being detained for deportation to the place in the country whence he was brought or to the country of his birth or citizenship. 46. Every transportation company, which refuses or neglects to Penalty on comply with the order of the Minister or Superintendent of Immi- transportation gration or Board of Inquiry or officer acting as such to take on "ing^ to'' return board, guard safely, and return to the country whence he came, person ordered or to the country of his birth or citizenship, any passenger or *° ^^ deported, other person brought to Canada by such transportation company and ordered to be deported under the provisions of this Act shall be liable to a fine of not more than five hundred dollars and not less than fifty dollars in each case. . 47. The Superintendent of Immigration, under the direction or Regulations with the consent of the Minister, shall prescribe regulations for f "Z- AJg'i'i^ J the proper detention and treatment on board ship or railway persons depor't- train or other vehicle of all persons who have been ordered to be ed. deported under this Act, both while awaiting and during deporta- tion. 48. Every transportation company which, through the con- Penalty on nivance or negligence of any of its officials or employees, permits company pei° the escape of any person delivered into the custody of such trans- mitting escape portation company by any officer for deportation under this Act «* ^^'i^"? S''" shall, on conviction, be punished by a fine of not more than five ported, hundred dollars and not less than fifty dollars for each offence. 2. In the event of such person escaping from the custody of a ^,,^"*?' *°. "."" transportation company, it shall be the duty of the master of the "on o'ff™"c 'e'r vessel, conductor of the train, dockmaster, special constable or when sucli per- other official or employee of the transportation company In whose ^"^ escapes, custody such person then was, to immediately report such escape to the nearest available immigration officer; and it shall also be the duty of the said company forthwith to report such escape to the Superintendent of Immigration, and such report shall state when, and from whom, such person was received, and the time and mode of escape. Failure on the part of such master, con- ductor, or other official to so report to the nearest available im- migration officer shall render him liable to a penalty of not more than twenty dollars and not less than ten dollars for each offence, and failure on the part of the transportation company to so report to the Superintendent of Immigration Shall render such company liable to a fine'cf ict more thr.83S6S;©indred dollars and not less than twenty dollars for each offence. 130 The Immigration v^ommission. OBLIGATIONS OF MASTERS OF VESSELS AND PILOTS. Manifest to 49. The master of every vessel arriving at any port of entry in be delivered ty Canada shall forthwith after such arrival, and before any entry migration offl- o^ such vessel is allowed, deliver to the immigration officer in cer! charge a manifest in the form prescribed by the Superintendent of Immigration, of all the passengers and stowaways on board such vessel at the time of her departure from the port or place whence she last cleared or sailed for Canada, or who were on board such vessel at the time of her arrival in Canada, or at any time during her voyage; and such manifest shall also state the name and apparent age of all passengers on board of such vessel on such voyage who are insane, idiotic, epileptic, dumb, blind or infirm, or suffering from any disease or injury or physical defect which may be cause for rejection under this Act, and whether or not they are accompanied by relatives able to support them. Entry as to 2. Such manifest shall further state if any birth has taken passengers wlio place during the voyage, and shall state the name, age and last or^^ave'^ died P'^^ce of residence of any person who has died during the voyage, during voyage, and shall specify the cause of death and whether such person was accompanied by relatives or other persons who are entitled to take charge of the moneys and effects left by such person and the disposition made thereof. Disposal of 3. If there were no such relatives or other persons so en- property of de- titled the manifest shall fully designate the quantity and de- ceased passen- scription of the property, whether money or otherwise, left by ^®""^' such person ; and the master of the vessel shall pay over to the immigration officer in charge at the port at which the vessel is entered, and fully account for, all moneys and effects belonging to Receipt for any person who has died on the voyage. The officer in charge property by im- shall thereupon give to the master a receipt for all moneys or migration ofS- gjsfggj-g gg placed in his hands by the master, which receipt shall contain a full description of the nature or amount thereof. 4. If the master of such vessel fails — Failure to de- (o) to deliver such manifest required by this section; or, inr''pa°tiaT'*OT <^) Wilfully or negligently fails to state therein all the par- false, manifest, ticulars of information required by this section ; or, (c) wilfully or negligently makes any false statement in such manifest ; he shall be guilty of an offence against this Act and shall be liable Penalty. to a fine not exceeding one hundred dollars and not less than twenty dollars for every person with regard to whom any such omission occurs or any such false statement is made. Entry in 50. The master of any vessel sailing from a port outside of ditiraafoassln" Canada who embarks passengers after the vessel has been cleared gers. ' and examined by the proper officer at the port of departure, and who does not report such additional passengers in the manifest required to be delivered under this Act to the immigration officer Penalty. in charge at the port of entry, shall be liable to a fine of not more than one hundred dollars and not less than twenty dollars for each passenger so embarked as aforesaid and not included in one of the said manifests. Manifest of 51. The master of every vessel embarking outbound passengers sengers ^''^" ^'"'^ ^"^ seaport of Canada shall, on the return voyage of such vessel to Canada, deliver to the immigration officer in charge a manifest in form prescribed by the regulations in that behalf giving the names of all such passengers on board such vessel, or booked to sail by such vessel, and stating in every case whether they are British subjects or aliens, and their sex, nationality, and port of destination. Penalty. 2. If the master of any vessel refuses or omits to deliver such manifest of outbound passengers he shall Incur a penalty not ex- ceeding one hundred dollars and not less than twenty dollars for every passegj^gof wag J5«gMfcA9s^)¥®' ^^ ^^s refused or wilfully neglected to give the required information, and clearance of such The Immigration Situation in Canada. 131 vessel may be refused until such manifest has been delivered to the immigration officer in charge: Provided, however, that the Proviso, master of any vessel plying between seaports of Canada and ad- "^cent or neighbouring seaports in Newfoundland or the United States ma^, by written permission of the Minister or Superin- tendent of Immigration given to such master or to the transpor- tation company of which he is an employee, be exempted from the requirements of this section. 52. If the master of any vessel arriving at any port of entry in .Master per- Canada permits any passenger to leave the vessel before he has ™'J*'°| P^'^ll^^^ delivered to the immigration officer in charge a correct manifest in before dellver- the form prescribed by the regulations in that behalf, and received ing manifest, permission from the officer in charge to allow the passengers to land, he shall be liable to a fine of not more than one hundred dol- Penalty, lars and not less than twenty dollars for every passenger so leaving the vessel. 2. If the master of any vessel arriving at any port of entry in . Master fail- Canada fails to produce or satisfactorily account for every pas- j^f passengers, senger whose name appears on the manifest, when required so to do by the immigration officer In charge of the port of entry to which such passenger is manifested, such master shall be liable to Penalty, a fine of not more than one hundred dollars and not less than twenty dollars in the case of each such passenger. 3. If the master of any vessel arriving at any port of entry in Master per- Canada permits any stowaway to leave the vessel without permis- ^a^'°fo^ iJi^ sion of the immigration officer in charge, or through negligence without per- permits such stowaway to escape from the vessel before the immi- mission of offl- gration officer in charge has given permission for such stowaway '^"^ ™ enarge. to be landed, or after such stowaway has been ordered to be de- ported, or in the event of such escape fails to report it forthwith to the immigration officer in charge, he shall be liable to a fine of Penalty, not more than one hundred dollars and not less than twenty dol- lars for every stowaway so leaving or escaping from the vessel. 4. If the master of any vessel arriving at any port of entry in gij^gi^g"" (.^Jw Canada shall pay off or discharge any member of the crew of such without examl- vessel without such member having first been examined by an nation, immigration officer, as required under section 33 of this act, hp shall be liable to a fine of not more than one hundred dollars and Penalty, not less than twenty dollars for every member of the crew so paid ofE or discharged. 5. If the master of any vessel arriving at any port of entry in i^^'^o "report Canada fails to report to the immigration officer in charge every cafes of deser- case of desertion from the crew of such vessel occurring at such tion. port so soon as such desertion is discovered, or shall refuse or neglect to describe the deserter for purposes of identification whenever required by such officer he shall be liable to a fine of not Penalty. more than one hundred dollars and not less than twenty dollars in the case of each such deserter. p«aoono-or 53. Nothing in this Act shall prevent the master of any vessel ^ay leave ves from permitting any passenger to leave the vessel outside of gel before ai- Canada at the request of such passenger before the arrival of the rival at port of vessel at her final port of destination ; but in every such case the aestinanon. name of the passenger so leaving shall be entered in the manifest of passengers made out at the time of the clearing of the vessel fi-om the port of departure or at the port at which such passenger was embarlsed. T>n,,+= 54. Every pilot who has had charge of any vessel having passen- ,ecting to iS- gers on board, and Ijnows that any passenger or stowaway has form immigra- been permitted to leave the vessel contrary to the provisions of tion officer of this Act, and who does not immediately upon the arrival of such S'^''^f™^as»en- vessel in the port to which he engaged to pilot her, and before gei-g. the immigration officer in charge has given permission to the passengers to leave the vessel, inform the said officer that such passenger or stowaway has been so permitted to leave the vessel. shall be liable to a fine ctf /gat-jnor© than me hw^red dollars and Penalty. not less than ten dollars lor every passenger witffT-egard to whom he has wilfully neglected to give such information. 132 The Immigration Commission. PBOTECTION OF IMMIGRANTS. False repre- 55. Every person who causes or procures the publication or cir- ter or°°induce '^'i'^'-**''^' ^^ advertisement or otherwise, in a country outside of immigration. Canada, of false representations as to the opportunities for em- ployment in Canada, or as to the state of the labour marlcet in Canada, intended or adapted to encourage or induce, or to deter or prevent, the immigration into Canada of persons resident in such outside country, or who does anything in Canada for tLe purpose of causing or procuring the communication to any resi- dent of such country of any such representations which are there- after so published, circulated or communicated, shall be guilty of an offence against this Act, and liable on summary conviction before two justices of the peace, to a fine of not more than five hundred dollars, or to imprisonment for a term not exceeding six months, or to both fine and imprisonment. Violation of 56. If, during the voyage of any vessel carrying immigrants re'a'^'ln ^^J^ from any port outside of Canada to any port in Canada, the ties "^of master master or any of the crew is guilty of any violation of any law in of crew. force in the country in which such foreign port is situate, regard- ing the duties of such master or crew towards the immigrants in such vessel, or if the master of any such vessel during such voy- Breach of age commits any breach whatsoever of the contract for the pass- nassenser ^'*'' ^^® made with any immigrant by such master, or by the owners of such vessel, such master or such one of the crew shall, for every such violation or breach of contract, be liable to a fine not Penalty. exceeding one hundred dollars and not less than twenty dollars, independently of any remedy which such immigrants complaining may otherwise have. Intercourse 57. No officer, seaman or other person on board of a vessel bring- between crew ing immigrants to Canada shall, while such vessel is in Canadian migrants. * """ waters, entice or admit any female immigrant into his apartment, or, except by the direction or permission of the master of such vessel, first given for such purpose, visit or frequent any part of such vessel assigned to female passengers. Penalty for 2. Every officer, seaman or other man employed on board of a tween°ciew and '^®^^^1 bringing immigrants to Canada, who, while such vessel is in female im- Canadian waters, entices or admits any female immigrant into his migrants. apartment or, except by the direction or permission of the master of such vessel first given, visits or frequents any part of such ves- sel assigned to female passengers, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding twenty- five dollars for every such offence. Penalty for 3. Every master of a vessel who, while such vessel is in Cana- creV° to Ti°it '^'^'^ waters, directs or permits any officer or seaman, or other parts.of vessel man employed on board of such vessel to visit or frequent any part assigned to fe- of such vessel assigned to female immigrants, except for the pur- ™rants pose of doing or performing some necessary act or duty, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding twenty-five dollars for every such offence. Notices to be gg. The master of every vessel bringing immigrants to Canada ing ilitercourse ^''O™ Europe Shall, at all times while the vessel is in Canadian between Immi- waters, keep posted, in a conspicuous place on the forecastle and grants and tbe in the parts of the steerage of the said vessel assigned to steerage "^'"- passengers, a written or printed notice In the English, French, Swedish, Danish, German, Russian and Yiddish languages, and such other languages as are ordered from time to time by the Superintendent of Immigration, containing the provisions of this Act regarding the prevention of intercourse between the crew and the immigrants and the penalties for the contravention there- of, and shall keep such notice so posted during the remainder of the Aoyage. Penalty. 2. Every master of a vessel bringing immigrants to Canada from Europe who neglects to post, and keep posted, the notice required by this Actrfi>,i}B^Mq^^^imsf^'^^m(^e prevention of intercourse between thk^mw^SXW&mgtMs and the penalties for con- The Immigration Situation in Canada. 133 travention thereof, as required by this Act, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding one hundred dollars for every such offence. 3. The immigration officer in charge shall inspect every such inspection of vessel upon arrival for evidence of compliance with this section, "er fn^charge and shall institute proceedings for any penalty incurred for vio- lation thereof. 59. If any vessel from any port or place outside of Canada Propoirtion- comes within the limits of Canada having on board, or having had ^*® number of on board, at any time, during her voyage — area*°f^?ecks° (a) any greater number of passengers than one adult passenger for every fifteen clear superficial feet on each deck of such vessel appropriated to the use of such passengers and unoccupied by stores or goods, not being the personal luggage of such passen- gers, or, (6) a greater number of persons, including the master and crew and the cabin passengers, if any, than one for every two tons of the tonnage of such vessel, calculated in the manner used for ascertaining the tonnage of British ships, the master of such vessel shall be liable to a fine not exceeding twenty dollars, and Penalty, not less than ten dollars for each passenger or person constituting such excess. 2. For the purpose of this section, each person of or above the "Adult " de- age of fourteen years shall be deemed an adult, and two persons ^'^'^■ above the age of one year and under the age of fourteen years shall be reckoned and taken as one adult. 3. If there shall be a bar or other place for the sale of intoxi- Sale of in- cating liquors on any such vessel in the quarters assigned to uore'^%o°1iteer- third-class or steerage passengers, or to which third-class or age passengers. steerage passengers are permitted to have access at any time during the voyage of such vessel to Canada, the master of such vessel shall be guilty of an ofCence against this Act and shall be liable to a fine not exceeding five hundred dollars and not less than Penalty, fifty dollars ; and any officer or member of the crew of such ves- sel who sells or gives intoxicating liquor to any third-class or steerage passenger, during the voyage of such vessel to Canada, without the consent of the master or ship surgeon or other quali- fied medical practitioner on board thereof, shall be guilty of an offence against this Act and shall be liable to a fine not exceeding fifty dollars and not less than ten dollars for every such offence. 60. Every immigrant on any vessel arriving at a port of entry Right of im- to which the owner or master of such vessel engaged to convey ^ata " n boa^i^d' him, if facilities for housing or inland carriage for such immigrant vessel till hous- are not immediately available, shall be entitled to remain and keep ing or carriage his luggage on board such vessel for a period of twenty-four hours a^auaDie. or until such facilities are available, which ever shall first occur, and the master of such vessel shall not, until such time, remove any berths or accommodation used by such immigrant. 61. Passengers and their luggage shall be landed from any ship Passengers by the master thereof free of expense to the said passengers, and |°ee ^| expense such landing shall be either at a usual public landing place at the port of entry or at such other place as is designated by the officer in charge. 62. The Minister or the Superintendent of Immigration may, Appointment from time to time, by instructions to the immigration officer in o f^^ij n d in g charge, appoint the places at which passengers arriving at such ^ port shall be landed. 63. At the places so appointed the Minister or Supermtendent of . Shelter f o r Immigration may cause proper shelter and accommodation to be immigrants. provided for immigrants until they can be forwarded to their place of destination. . . „• , t 64. If both the immigrant parents, or the last surviving immi- Disposal of grant parent of any child brought with them In any vessel Pealed immi- bound for Canada, die on the voyage, or at any immigrant sta- grant parents. tion or elsewhere in Cap-'.iJa whi]j|ys)!jffcHsdgW(giie care of any immigrant agent, or other officer Under this Act, the Minister, 134 The Immigration Commission. or such oflBcer as he deputes for the purpose, may cause the effects of such parents to be disposed of for the benefit of such child to the best advantage in his power, or In his discretion to be de-" livered over to any Institution or person assuming the care and charge of such child. Inquiry in 65. If complaint be made to the Minister or the Superintendent ntai^nta'resDert- ""^ Immigration against any company or person for any violation ing violation of this Act, in any matter relating to immigrants or Immlgra- ot Act. tion, the Minister may cause such inquiry as he thinks proper to be made into the facts of the case, or may bring the matter before the Governor in Council in order that such Inquiry may be made under The Inquiries Act. rrocedure. 2. If upon such Inquiry It appears to the satisfaction of the Minister that such company or person has been guilty of such violation, the Minister may require such company or person to make such compensation to the person aggrieved, or to do such other thing, as is just and reasonable; or may adopt measures for causing such proceeding to be instituted against such company or person as the case requires. Regulations 66. The Governor in Council may make such regulations and ployment agen- impose such penalties as are deemed expedient to safeguard the cles. interests of immigrants seeking employment from any companies, firms, or persons carrying on the business of intelligence offices or employment or labour agencies at any place in Canada. IMMIGRANT RUNNERS. Licenses for 67. The Superintendent of Immigration may issue to agents of neS^"^"" ' t'^^'^sport^tion companies, forwarding and transfer companies, hotels and boarding houses, a license authorizing such persons to exercise the vocation of immigrant runners, or of soliciting the patronage of immigrants for their respective companies, hotels or boarding houses, or of booking passengers. Such license shall be in the form prescribed by the Superintendent of Immigration, and may at any time be cancelled by him under the direction or with the consent of the Minister. not'tobe^olic- ®^' ■'^° Person shall, at any port or place in Canada, for hire, ited except by reward or gain, or the expectation thereof, conduct, solicit or licensed per- recommend, either orally or by handbill or placard or in any ^°''^' other manner, any Immigrant to or on behalf of any owner of a vessel, or to or on behalf of any inn-keeper or boarding house keeper, or any other person, for any purposes connected with the preparations or arrangements of such immigrant for his passage to his final place of destination in Canada, or elsewhere, or give or pretend to give to such Immigrant any information oral, printed or otherwise, or assist him to his said place of destination, or in any way exercise the vocation of booking passengers, or of taking money for their Inland fare, or for the transportation of their luggage, unless such person has first obtained a license from the Superintendent of Immigration authorizing him to act in such capacity. Selling tick- 69. Every person licensed under this Act as an immigrant run- ISnts at "x- ^^'^' °^ person acting on behalf of any transportation company, or cesslve rates, forwarding or transfer company, or hotel or boarding house, and every person in his employ, who sells to any Immigant a ticket or order for the passage of such immigrant, or for the conveyance of his luggage, at a higher rate than that for which it could be purchased directly from the company or person undertaking such conveyance, and every person who purchases any such ticket from an immigrant for less than its value, or gives In exchange for it one of less value, shall be guilty of an offence against this Act, and the license of such person shall be cancelled. Persons not 70. No licensed immigrant runner, or agent or person acting on sels "or" ento''®^^-'^ °* ^^^ transportation company, or other person, shall go Immigrant sta- on board arty se.ssel after such vfissel has arrived In Canadian *'°th .y'*'"'"* waters untiS^f'iiasaen^eis Ihoreon^ave been landed, or shall go autnority. ^^^^ ^^^ immigrant station, unless he is authorized so to do by the Superintendent of Immigration or officer in charge. The Immigration Situation in Canada. 135 DUTIES OF INN-KEEPEBS. 71. Every Inn-keeper or boarding house keeper In any city, town, List of prices village or place in Canada designated by any order in council, j^ hoTels who receives Into his house as a boarder or lodger any immigrant and boarding within three months after his arrival in Canada, shall cause to bouses for im- be kept conspicuously posted in the public rooms and passages of ■u'g'^a°ts- his house and printed upon his business cards, a list of the prices which will be charged to immigrants per day and per week for board or lodging, or both, and also the prices for separate meals, which cards shall also contain the name of the keeper of such house, together with the name of the street In which it is situate, and its number in such street. 2. No such inn-keeper or boarding house keeper shall have any Inn-keeper's lien on the effects of such immigrant for any amount claimed for ^'^" limited, such boarding or lodging for any sum exceeding five dollars. 72. Every such inn-keeper or boarding house keeper who detains _ renalty on the effects of any immigrant by reason of any claim for board or ^etalning'^ fm^ lodging after he has been tendered the sum of five dollars or such migrant's ef- less sum as Is actually due for the board or lodging of such Im- fects after ten- migrant, shall incur a penalty not exceeding twenty-five dollars ^®"^- and not less than five dollars, over and above the value of the effects so detained, and he shall also be liable to restore such effects. 2. In the event of such unlawful detention, the effects so de- -^^F* ^°^ tained may be searched for and recovered under search warrant * ^'^ ^" as in the case of stolen goods. RULES, FORMS AND NOTICES. 73. In addition to the forms set out in the schedule to this Act Superintend- the Superintendent of Immigration, under direction or with the |ration to"pre- consent of the Minister, shall prescribe, formulate and issue such scrilje forms, rules, notices, forms of reports and manifests, and other forms as are deemed necessary from time to time in connection with regu- lations made under this Act or for the use and guidance of officers under this Act, or of transportation companies and agents thereof, and masters of vessels and immigrants. UNIFORMS. 74. The Superintendent of Immigration shall, under the direc- Uniforms for tion or with the consent of the Minister, prescribe and contract ^"^S"^^""""*" for suitable uniforms and insignia for the various officers on duty at ports of entry, and the same shall be supplied to such officers, and one-third of the cost thereof shall he chargeable to such officers, or in the case of officers having their uniforms made to order a proportionate sum shall be paid to them on account 75. AH officers while on duty at ports of entry, or on duty else- Officers to where inspecting immigrants or passengers, or acting on a Board wear ^^"Iform of Inquiry, or on duty in connection with the deportation of any person under this Act, shall wear the uniform prescribed for him, unless otherwise directed by the Superintendent of Immigration. PROSECUTIONS AND PROCEDURE. 7G. Any officer may institute summary proceedings before any Prosecutions, police magistrate, recorder or justice of the peace against any transportation company or director, official or employee thereof charged with an offence against this Act, at the place where such offence was committed, or at the place where such company has an office or place of business in Canada, or where such person then is. 79520°— VOL io—rGi§ittied by Microsoft® 136 The Immigration Commission. Costs. 2. Such police magistrate, recorder or justice of tlie peace may, ill addition to any fine or penalty imposed, award costs against any such company or person as in ordinary cases of summary pro- I m p rison- ceedings, and in default of payment thereof may award imprison- ™''° ment for a term not exceeding three months, to terminate on pay- ment of the fine or penalty and costs incurred, and may, in his Award of (jiscretlon, award any part of such fine or penalty, when recovered, pena y. ^^ ^^^ person aggrieved by or through the act or neglect of such company or person, f "^'fines''* and ^' Subject to such award to a person aggrieved all fines and penalties. penalties recovered under this Act shall be paid to the Minister of F'inance and shall form part of the Consolidated Revenue Fund of Canada. Lien on prop- 4. E^ery duty and every fine or penalty imposed under author- poKat^on' "com- '^^ °* '-'^'^ ■^'^^ upon a transportation company, or upon any direc- panies. tor, official or employee thereof, shall until payment thereof be 11 lien upon any and all property of such company in Canada, and may be enforced and collected by the seizure and sale of all or any such property under the warrant or process of the magistrate Liability of qj court before whom it has been sued for, and shall be preferred offlcia?s.^ ^ " to all other liens or hypothecations except wages. 5. Every duty imposed under authority of this Act upon a trans- Owners of portation company shall be a duty devolving upon every director, vessels. official or employee thereof, and every duty imposed upon the mas- ter of a -i-essel shall be a duty devolving upon the owner thereof. Imprison- 6. Imprisonment of a master or owner of any vessel, or of any Sfarse "ot'^lfen" official Or employee of any transportation company, for any offence ■ against this Act, shall not discharge the ship or other property of such company from the lien attached thereto by this Act. Convictions 77. No conviction or proceeding under this Act shall be quashed Qnii\ Ued for ^""^ want Of form, nor, unless the penalty Imposed is one hundred want of form, dollars or over, be removed by appeal or certiorari or otherwise into any superior court. Wai=rants of 2. No warrant of commitment shall be held void by reason of commitment, any defect therein, if it is therein alleged that the person has been convicted, and there is a good and valid conviction to sustain such warrant. Security in 3. In case of removal by appeal or certiorari or otherwise of case of appeal, any conviction or proceeding under this Act into any superior court, security shall be given to the extent of one hundred dollars for the costs of such removal proceedings to such superior court. General pen- 78. Every person who violates any provision of this Act, or of *'*y- any order in council, proclamation or regulation thereunder in respect of which violation no other penalty is provided by this Act, shall incur a penalty not exceeding one hundred dollars. APPLICATION TO CHINESE. Application 79. All provisions of this Act not repugnant to the provisions of of Act to Clii- 717, e Chinese Imnmgration Act shall apply as well to persons of °^^*' Chinese origin as to other persons. EXPENSES or ADMINISTKATION. Payment of 80. All expenses incurred in administering this Act and carrying isterln" "acT'"" ""^ ^^® provisions thereof, and of affording help and advice to ' " ' immigrants, and aiding, visiting and relieving destitute immi- grants, procuring medical assistance and otherwise attending to the objects of immigration, shall be paid out of any moneys granted by Parliament for any such purpose and under such regu- lations or under such orders in council, if any, as are made for the distribution and application of such moneys. Digitized by Microsoft® The Immigration Situation in Canada. 137 GENERAL REGULATIONS. 81. The Governor in Council may, on the recommendation of the Power to Minister, malie such orders and regulations, not inconsistent with relSlations"'^'^ this Act, as are considered necessary or expedient for enforcing the provisions of this Act according to the true intent and meaning thereof. 82. The follovping Acts are repealed : Chapter 93 of the Revised Acts repealed. Statutes, 1906 ; chapter 19 of the statutes of 1907 ; and chapter 33 of the statutes of 1908. Schedule. Form A. — Permit to enter Canada. — Canada. — The Immigration Act, section 4. To all Immigration Officers: This Is to certify that (name in full), of (last place of residence), (occupation or other description), is hereby permitted to enter and remain in Canada for a period of from the date hereof free from examination or other restrictions under the Immigration Act. Dated at Ottawa this day of 19 — . Minister of tlie Interior. [Seal of the Department of the Interior.] Form AA. — Cancellation (or extension) of permit. — Canada. — The Immigration Act, section 4. To all Immigration Officers: This is to certify, that the Permit to Enter Canada issued to (name in full), of (last place of residence), on the day of 19 — Is hereby cancelled (or is hereby extended for a further period of ■ from the date hereof.) Minister of the Interior. [Seal of the Department of the Interior.] Form B. — Order for deportation. — Canada. — Tlie Immigration Act, section 33. To (transportation company) and to (person rejected), port of entry , Province of : This is to certify that (name In full), of (last place of residence), a person seeking to enter Canada at this port, ex (ship or train) from which arrived at this port on at — o'clock has this day been examined by the Board of Inquiry (or officer In charge) at this port, and has been rejected for the following reasons: (here state reasons in full). And the said Is hereby ordered to be deported to the place from whence he came to Canada. Such conveyance shall be by the first available ship or train of the transportation company which brought the said to Canada. Dated at this day of 19 — . Chairman of the Board of Inquiry (or Immigration Officer in Charge). NOTICE TO PERSON ORDERED TO BE DEPORTED. If you claim to be a cSlS&^^^^e¥l't''Q?9^^ ac^mveA Canadian domicile, you have the right to consult counsel and appeal to the courts against deporta- tion. 138 The Immigration Commission. In all other cases you may appeal to ttie Minister of the Interior against any decision of the Board of Inquiry or officer in charge whereby you are ordered to be deported unless such decision is based upon a certificate of the examining medical officer that you are affected with a loathsome disease or a disease which may become dangerous to the public health. The formal notice of appeal will be supplied to you by the immigration officer in charge upon request and upon deposit of the sum of twenty dollars for the cost of your maintenance, and the sum of ten dollars for the maintenance of each person dependent upon you, until the Minister has decided upon your case. Form G.^Notice of appeal. — Canada. — Tlie Immigration Act, section 19, To the Minister of the Interior, Ottawa, Canada. I, (name in full), of (last place of residence), hereby appeal from the decision of the Board of Inquiry (or officer in charge) at this port whereby my application to land in Canada has been rejected, and I have been ordered to be deported to . And I deposit herewith the sum of twenty dollars for cost of my maintenance, and ten dollars for the maintenance of each person dependent upon me pending your decision. Dated at ■ the day of , 19—. Appellant. Form D. — Order to leave Canada. — Canada. — The Immigration Act, section ^2. To ■ , of . Whereas it has been shown by evidence satisfactory to His Excellency the Governor in Council that you advocated in Canada the overthrow of the Govern- ment of Canada by force or violence (or as the case may be). Ton are hereby ordered under and by virtue of the authority conferred upon His Excellency by section 42 of the Immigration Act within days after the service of this order upon you, or after its being left for you at your last known address or place of abode, to leave and depart from Canada, and not to return. Dated at Ottawa this day of 19 — . [Seal of the Privy Council.] Clerh of the Council. Form :E.— Order of the Minister of Jiislicc— Canada. — The Immigration Act, section J/S. To • (Governor or Warden of gaol, prison, reformatory or peni- tentiary) : Whereas of has within three years of landing in Canada become an inmate of , having been convicted of the crime of . And whereas, under the provisions of The Immigration Act, I have been requested by the Minister of the Interior to issue an qrder to you, the said (warden or governor, as the case may be) to detain the said after expiry of his sentence, or term of imprisonment, and to deliver him to the officer named in the warrant of the Superintendent of Immi- gration with a view to the deportation of the said . Now know you that I, the Minister of Justice of Canada, do hereby, under the provisions of the said Act, order you, the said (warden or governor), to detain and deliver the said to the officer authorized by wa.TEligttiBB(Sbl3)iSMk>iySiSaM®Lt of Immigration, to receive The Immigration Situation in Canada. 139 the said from you with a view to his deportation under the pro- visions of the said Act. For which this shall be your sutBclent warrant. Dated at Ottawa this day of 19—. Minister of Justice. [Seal of the Department of Justice.] Poem EE. — Warrant of the Superintendent of Immigration. — Canada. — The Immigration Act, section 43. By the Superintendent of Immigration. To , of .• Whereas , of , has within three years of his land- ing in Canada become an inmate of (gaol, prison, reformatory or peni- tentiary). And whereas, under the provisions of the Immigration Act, the Minister of the Interior has ordered the deportation of the said and has applied to the Minister of Justice for an order addressed to the (governor or warden) of the said (gaol, prison, reformatory or penitentiary) commanding him to detain and deliver the said into your custody after expiry of his sentence or term of imprisonment in the said (gaol, prison, reformatory or penitentiary) with a view to his deportation under the provisions of the said Act. Now know you that I, , Superintendent of Immigration, do hereby order you to receive the said {name of prisoner) and him safely to keep and to convey through any part of Canada, and him to deliver to the transportation company which brought him to Canada, with a view to his deportation to the port from which he came to Canada. For which this shall be your sufficient warrant. Dated at Ottawa this day of 19 — . Superintendent of Immigration. [Seal of the Department of the Interior.] FoEM F. — Bond to appear for examdnation. — Canada. — The Immigration Act, section 33. Canada, Province of , in the matter of The Immigration Act and of A. B. Be it remembered that on the day of , in the year nineteen hun- dred and , A. B., formerly of [state place of domicile before coming to Canada], [occupation], « person seeking to enter or remain in Canada; and L. M. of [name of place], in the said province [occupation], and N. O. of the same place [occupation], personally came before me and acknowledged them- selves to owe to our Sovereign Lord the King, his heirs and successors, the several sums following, that Is to say : The said A. B. the sum of dollars, and the said L. M. and N. O. the sum of dollars each, of good and lawful current money of Canada, to be -made and levied of their several goods and chattels, lands and tenements respectively, to the use of our said Sovereign Lord the King, his heirs and suc- cessors, if he, the said A. B. fails in the condition hereunder written. Taken and acknowledged the day and year first above mentioned at in the province aforesaid before me [Justice of Peace, or, Notary Public]. The condition of the above written obligation is such, that whereas the said A. B. Is held in custody under authority of The Immigration Act for examina- tion touching the right of the said A. B. to enter or remain in Canada ; if, there- fore, the said A. B. appears before the Board of Inquiry or officer acting as such at the Immigrant Station at on the day of next at the hour of in the noon, and there surrenders himself into custody of an iT'i^^ treTcaprf^M^WtWWcf ^liia^fo^' s^hr .s otherwise to stand in full force and effect. Digitized by Microsoft® Appendix G. EEGULATION AND ORDERS IN COUNCIL, LAW OF 1910. Regulation. Tie following Regulation was promulgated by the Superintendent of Immi- giation, May 6, 1910 — Xo immigrant shall be treated for any of the diseases specified or referred to in subsection (6) of Section Three of the Immigration Act unless it appears to the satisfaction of the Canadian Immigration Medical Inspector conducting the medical examination that such immigrant was free from disease when leav- ing his or her home to commence the journey to Canada, and that any disease which the immigrant has at time of arrival in Canada has been contracted or developed during the journey, and that it can be completely and permanently cured within a reasonably short space of time; and further, that no cost shall be incurred by the Department for such treatment. Orders in Council. The following orders in council have been promulgated under the Canadian immigration act of May 4, 1910 : At the Government House at Ottawa, Monday, the 9th day of Map, 1910. Present : His Excellency in Council. His Excellency in Council is pleased, in virtue of the provisions of Section 37 of the Immigration Act of 9 and 10 Edward \l\, to make and doth hereby make the following Regulations : — 1. No immigrant, male or female, other than a member of a family provided for under the following regulations shall be permitted to enter Canada between the first day of March and the thirty-first day of October both days inclusive, unless he or she have in actual and personal possession at the time of arrival, money, belonging absolutely to such immigrant, to the amount of at least $25.00 in addition to a ticket or such sum of money as will purchase a ticket or trans- port for such immigrant to his or her destination in Canada. 2. If an immigrant so intending to enter Canada is the head of a family and is accompanied by his or her family or any members thereof, the foregoing regulations shall not apply to such family or the meml)ers thereof, but the said immigrant head of family shall have in his or her possession, in addition to the said sum of money and means of transport hereinbefore required, a further sum of money, belonging absolutely to such immigrant, equivalent to $25.00 for each member of the said family of the age of eighteen years or upwards, and $12.50 for each member of said family of the age of five years or upwards and under the age of eighteen years, and in addition tickets or a sum of money equivalent to the cost of transport for all the said members of the family to their place of destination in Canada. 3. Every such immigrant, seeking to enter Canada, between the first day of November and the last day of February both inclusive, shall be subject to the foregoing regulations, with the substitution of $50.00 for $25.00 and $25.00 for $12.50, wherever the said sums of $25.00 and $12.50 are mentioned in the said regulations. 4. It shall be the duty of the immigration oflScers at the various places or ports of entry or landing in Canada to see that the foregoing regulations are complied with. Provided, however, that the immigration agent may, notwith- standing anything hereinbefore contained, exempt any immigrant from the operation of the foregoing regulations if it is shown to his satisfaction that: (a) The immigrant, if a male, is going to assured employment at farm work, and has the means of rea^gfg^^ Sl^»te — States, and shall constitute a permanent appropriation to be called the "immigrant fund," to be used under the direction of, immigrant the Secretary of Commerce and Labor to defray the expense of " p o r what regulating the immigration of aliens into the United States used. under said laws, including the contract labor laws, the cost of reports of decisions of the Federal courts, and digest thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all oflBcers, clerks, and employees ap- pointed to enforce said laws. The tax imposed by this section ^'''"' tia: shall be a lien upon the vessel or other vehicle of carriage or '^° ^^ ij^'^ transportation bringing such aliens to the United States, and shall "''°° ^^^^"^ ' be a debt in favor of the United States against the owner or How pay- owners of such vessel or other vehicle, and the payment of such ™^°' enforced ; tax may be enforced by any legal, or equitable remedy. That the ^^^^a^\ r o^m said tax shall not be levied upon aliens who shall enter the payment of ; United States after an uninterrupted residence of at least one year, immediately preceding such entrance, in the Dominion of Canada, Newfoundland, the Republic of Cuba, or the Republic of Mexico, nor upon otherwise admissible residents of any possession of the United States, nor upon aliens in transit through the United States, nor upon aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous terri- tory: Provided, That the Commissioner-General of Immigration, Head tax: under the direction or with the approval of the Secretary of payment on Commerce and Labor, by agreement with transportation lines, as account aliens provided in section thirty-two of this Act, may arrange in some ous™ territory • other manner for the payment of the tax imposed by this section upon any or all aliens seeking admission from foreign contiguous territory : Provided further. That if in any fiscal year the amount no more than of money collected under the provisions of this section shall ex- $2,500 ooo to ceed two million five hundred thousand dollars, the excess above frant fund that amount shall not be added to the "immigrant fund: " Pro- vided further. That the provisions of this section shall not apply Exceptions-- to aliens arriving in Guam, Porto Rico, or Hawaii ; but if any Rico ''and Ha° such alien, not having become a citizen of the United States, waii! shall later arrive at any port or place of the United States on the North American Continent the provisions of this section shall Digitized by Microsoft® 145 146 The Immigration Commission. Passports. apply: Provided further, That whenever the President shall be satisfied that passports issued by any foreign government to Its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come If limited to the continental territory of the United States to tlie detriment detriment la° ot labor conditions therein, the President may refuse to permit such bor conditions, citizens of the country issuing such passports to enter the con- holders to be tinental territory of the United States from such other country rejec e . ^^ from such insular possessions or from the Canal Zone. E X eluded Sec. 2. That the following classes of aliens shall be excluded classes : from admission into the United States : All idiots, imbeciles, feeble- idiots, insane, minded persons, epileptics, insane persons, and persons who have ^^'^' '• been insane within five years previous ; persons who have had two Paupers, per- or more attacks of insanity at any time previously; paupers; per- sons likely to sons likely to become a public charge ; professional beggars ; per- li?c™arge ;^ ^o*^® afflicted with tuberculosis or with a loathsome or dangerous Diseased'; contageous disease ; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by Mentally or tiie examining surgeon as being mentally or physically defective, ?ert1ve'; ^ ^ ^^^^ mental or physical defect being of a nature which may affect the ability of such alien to earn a living ; persons who have been Criminals ; convicted of or admit having committed a felony or other crime or Polygamista ; misdemeanor involving moral turpitude ; polygamists, or persons Anarcliists ; ^jjo admit their belief in the practice of polygamy ; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all govern- ment, or of all forms of law, or the assassination of public officials ; Prostitutes, prostitutes, or women or girls coming into the United States for etc. the purpose of prostitution or for any other immoral purpose; Excluded persons who procure or attempt to bring in prostitutes or women classes: or girls for the purpose of prostitution or for any other immoral Contract la- purpose ; persons hereinafter called contract laborers who have borers ; been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written, or printed, express or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solicited to Assisted migrate as above described ; any person -whose ticket or passage aliens ; is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes, and that said ticket or passage was not paid for by any corporation, association, society, municipality, or foreign govern- Children un- ment, either directly or indirectly ; all children under sixteen years der 16. of age, unaccompanied by one or both of their parents, at the dis- cretion of the Secretary of Commerce and Labor or under such Exceptions — regulations as he may from time to time prescribe: Provided, That nothing in this Act shall exclude, if otherwise admissible. Offenses po- persons convicted of an offense purely political, not involving Transits- ii^oral turpitude: Provided further, That the provisions of this section relating to the payments for tickets or passage by any corporation, association, society, municipality, or foreign govern, ment shall not apply to the tickets or passage of aliens in imme- diate and continuous transit through the United States to foreign contiguous territory: And provided further. That skilled labor bkiiied labor ; ^jgy ^e Imported if labor of like kind unemployed can not be found in this country : And provided further, That the provisions of this law applicable to contract labor shall not be held to exclude pro- Actors, art- fessional actors, artists, lecturers, singers, ministers of any reli- ists, etc. gious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons em- ployed strictly as personal or domestic servants. Digitized by Microsoft® The Immigration Situation in Canada. 147 Sec. 3. That tlie importation into the United States of any alien Prostitatcs : woman or girl for the purpose of prostitution, or for any other importation immoral purpose, is hereby forbidden ; and whoever shall, di- or holding pe- rectly or Indirectly, import, or attempt to import, into the United nallzed ; States, any alien woman or girl for the purpose of prostitution, or for any other immoral purpose, or whoever shall hold or at- tempt to hold any alien woman or girl for any such purpose In pursuance of such illegal importation, or whoever shall Iseep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl, within three years after she shall have entered the United States, shall, in every such case, be deemed guilty of a felony, and on conviction thereof be imprisoned not more than five years and pay a fine of not more than five thou- sand dollars; and any alien woman or girl who shall be found Deportation of an inmate of a house of prostitution or practicing prostitution, at yeari" * ""^ * " any time within three years after she shall have entered the United States, shall be deemed to be unlawfully within the United States and shall be deported as provided by sections twenty and twenty-one of this Act. Sec. 4. That it shall be a misdemeanor for any person, company, Contract la- partnership, or corporation, in any manner whatsoever, to pre-'**'''^ = pay the transportation or in any way to assist or encourage the importation importation or migration of any contract laborer or contract la- °^- forbidden ; borers into the United States, unless such contract laborer or con- tract laborers are exempted under the terms of the last two pro- visos contained in section two of this Act. Sec. 5. That for every violation of any of the provisions of sec- . Penalty for tion four of this Act the person, partnership, company, or corpora- i^PTt^s ; tion violating the same, by linowingly assisting, encouraging, or soliciting the migration or importation of any contract laborer into the United States shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and re- covered by the United States, or by any person who shall first bring his action therefor in his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of lifee amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any liind as aforesaid. And it shall be the duty of the district attorney of ^^^^ °^ ^™^: the proper district to prosecute every such suit when brought by cute suits ; the United States. ,. . . Sec. 6. That it shall be unlawful and be deemed a violation of j^^^^^jy|^ ° ? section four of this Act to assist or encourage the Importation or migration of any alien by promise of employment through adver- tisements printed and published in any foreign country ; and any alien coming to this country in consequence of such an advertise- ment shall be treated as coming under promise or agreement as contemplated in section two of this Act, and the penalties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apply to States or Territories, f ^^ o^P*gta'tes the District of Columbia, or places subject to the jurisdiction of a n d Territo- the United States advertising the inducements they offer for immi- ries. gration thereto, respectively. Sec. 7. That no transportation company or owner or owners of soncmng: vessels, or others engaged In transporting aliens into the United p„r^iaaen on States, shall, directly or indirectly, either by writing, printing, or part transpor- oral representation, solicit, invite, or encourage the Immigration tation compa- of any aliens into the United States, but this shall not be held to °ies : prevent transportation companies from issuing letters, circulars, or advertisements, stating the sailings of their vessels and terms and facilities of transportation therein ; and for a violation of this provision, any such transportation company, and any such owner or owners of vessels, and all others engaged In transporting aliens into the United States, aiSBgiite^^! M/(»©8Dl|l@>loyed, shall be Penalty for. severally subjected to the penalties imposed by section five of this Act. 148 The Immigration Commission. U a lawful Sec. S. That any person, including the master, agent, owner, or landing: consignee of any vessel, who shall bring Into or land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter this United States shall be deemed guilty of a misdemeanor, and shall, on Penalty for. conviction, be punished by a fine not exceeding one thousand dol- lars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment for each and every alien so Fine $100: landed or brought iu or attempted to be landed or brought in. For liring- sec. 9. That it Shall be unlawful for any person, including aliens '^®'' 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 any alien subject to any of the following disabilities: Idiots, imbeciles, epileptics, or persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease, and if it shall appear to the satisfaction of the Secretary of Commerce and Labor that any alien so brought to the United States was afflicted with any of the said diseases or disabilities at the time of foreign embarkation and that the existence of such disease or disability might have been detected by raeans of a competent medical exami- Method of nation at such time, such person or transportation company, or collecting. y^e master, agent, owner, or consignee of any such vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section ; and no vessel shall be granted clearance papers pending the determina- tion of the question of the liability to the payment of such fine, and in the event such flue is Imposed, wJtiile it remains unpaid, nor shall such fine be remitted or refunded : Provided, That clearance may be granted prior to the determination of such questions upon the deposit of a sum sufficient to cover such fine and costs, such sum to be named by the Secretary of Commerce and Labor. Appeals: Sec. 10. That the decision of the board of special inquiry. Not allowed li^reinafter provided for, based upon the certificate of the ex- allens afflicted amining medical officer, shall be final as to the rejection of aliens with tuberculo- affected with tuberculosis or with a loathsome or dangerous con- oifs contasKras ^^8*0"^ disease, or with any mental or physical disability which diseases. would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act. Guardian en Sec. 11. That upon the certificate of a medical officer of the Toyage: United States Public Health and Marine Hospital Service to the T 1- a nsporta- effect that a rejected alien is helpless from sickness, mental or tion companies physical disability, or infancy, if such alien is accompanied by to bear expense another alien whose protection or guardianship is required by such rejected alien, such accompanying alien may also be ex- cluded, and the master, agent, owner, or consignee of the vessel in which such alien and accompanying alien are brought shall be re- quired to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. Manifests: Sec. 12. That upon the arrival of any alien by water at any port within the United States, it shall be the duty of the master pass°enge?s— ^ °^' commanding officer of the steamer, sailing or other vessel hav- ing said alien on board to deliver to the Immigration ofiicers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said list, state as to each tata"^"^* *° *""'" alien the full name, age, and sex ; whether married or single ; the calling or occupation ; whether able to read or write ; the nation- ality; the race; the last residence; the name and address of the nearest relative in the country from which the alien came; the seaport for ^ffi^)g©^^Jb^?WSSttSfe^*®® ' *^® ^^^^ destination, if any, beyond the port or-Oanding; whether having a ticket through The Immigration Situation in Canada. 149 to such final destination; whether the alien has paid his own Manifests: passage or whether it has been paid by any other person or by any corporation, society, municipality, or government, and if so, by whom; whether in possession of fifty dollars, and if less, how much ; whether going to join a relative or friend, and if so, what relative or friend; and his or her name and complete address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or an institution or hospital for the care and treatment of the insane or supported by charity; whether a polyganiist; whether an anarchist; whether coming by reason of any offer, solicitation, promise, or agreement, express or implied, to perform labor in the United States, and what is the alien's condition of health, mental and physical, and whether deformed or crippled, and if so, for how long and from what cause ; that it shall further be the duty of the master or commanding officer of every vessel taking alien passengers out of Outgoing the United States, from any port thereof, to file before departure passengers— therefrom with the collector of customs of such port a complete list of all such alien jiai^sengers talcen on board. Such list shall What to con- contain the name, age, sex, nationality, residence in the United '"'° ' States, occupation, and the time of last arrival of every such alien in the United States, and no master of any such vessel shall be granted clearance papers for his vessel until he has deposited such list or lists with the collector of customs at the port of departure and made oath that they are full and complete as to the name and other information herein required concerning each alien taken on board his vessel ; and any neglect or omission to comply with the Penalty ; requirements of this section shall be punishable as provided in section fifteen of this Act. That the collector of customs with with whom whom any such list has been deposited in accordance with the °«P°site(i ; provisions of this section, shall promptly notify the Commissioner- General of Immigration that such list has been deposited with him as provided, and shall make such further disposition thereof as may be required by regulations to be issued by the Commissioner- General of Immigration with the approval of the Secretary of Commerce and Labor : Provided, That in the case of vessels mak- ing regular trips to ports of the United States the Commissioner- General of Immigration, with the approval of the Secretary of Comnferce and Labor, may, when expedient, arrange for the deliv- ery of such lists of outgoing aliens at a later date: Provided further, That it shall be the duty of the master or commanding f.°_f the'ph°if officer of any vessel sailing from ports in the Philippine Islands, ippines, Guami Guam, Porto Rico, or Hawaii to any port of the United States on Porto Rico, and the North American Continent to deliver to the immigration offl- Hawaii ; cers at the port of arrival lists or manifests made at the time and place of embarkation, giving the names of all aliens on board said Sec' 13. That all aliens arriving by water at the ports of the H o w made United States shall be listed in convenient groups, and no one ^' list or manifest shall contain more than thirty names. To each alien or head of a family shall be given a ticket on which shall be written his name, a number or letter designating the list in which his name, and so forth, is contained, and his number on To be signed said list, for convenience of identification on arrival. Each list |y ^3"°™ as or manifest shall be verified by the signature and the oath or to correctness affirmation of the master or commanding officer, or the first or of contents ; second below him in command, taken before an immigration ofiicer at the port of arrival, to the effect that he has caused the surgeon of said vessel sailing therewith to make a physical and oral exam- ination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is an Idiot, or imbecile, or a feeble-minded person, or insane person, or a pauper, or is likely to become a public charge, or is afflicted with tuberculosis or with a loathsome or dangerous contagious disease, or is/3/gf#«@Bf fetqlVBeftjlK^Oonvicted of, or who admits having committed a felony or other crime or misde- meanor involving moral turpitude, or is a polygamist or one 150 The Immigration Commission. Manifests: admitting belief in the practice of polygamy, or an anarchist, or under promise or agreement, express or Implied, to perform labor in the United States, or a prostitute, or a woman or girl coming to the United States for the purpose of prostitution, or for any other immoral purpose, and that also, according to the best of his knowledge and belief, the Information In said lists or manifests concerning each of said aliens named therein is correct and true in every respect, and" s^ ^'Sned g^c. 14. That the surgeon of said vessel sailing therewith shall by surgeon ; ° iilso Sign each of said lists or manifests and make oath or affirma- tion in like manner before an immigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal exami- nation of each of said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessel. Incoming Sec. 15. That in the case of the failure of the master or com- passengers — manding officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof, as re- quired In sections twelve, thirteen, and fourteen of this Act, he Penalty of shall pay to the collector of customs at the {Sort of arrival the $10 ; sum of ten dollars for each alien concerning whom the above in- Outgoing formation is not contained in any list as aforesaid : Provided, That passengers — in the case of failure without good cause to deliver the list of pas- sengers required by section twelve of this Act from the master or Penalty of commanding officer of every vessel taking alien passengers out of ^^^ ' the United States, the penalty shall be paid to the collector of cus- flnra n^"to'ex^ toms at the port of departure and shall be a fine of ten dollars for ceed $100. each alien not Included in said list; but in no case shall the aggre- gate fine exceed one hundred dollars. Inspection: Sec. 16. That upon the recMpt by the immigration officers at any port of arrival of the lists or manifests of Incoming aliens pro- vessel . vided for in sections twelve, thirteen, and fourteen of this Act, it shall be the duty of said officers to go or to send competent assist- ants to the vessel to which said lists or manifests refer, and there inspect all such aliens, or said immigration officers may order a temporary removal of such aliens for examination at a designated Landing for, time and place, but such temporary removal shall not be consid- f°i, *^t"^'ered a landing, nor shall It relieve the transportation lines, mas- lanamg , t^rs, agents, owners, or consignees of the vessel upon which said aliens are brought to any port of the United States from any of the obligations which, in case such aliens remain on board, would, under the provisions of this Act, bind the said transportation lines. If placed in masters, agents, owners, or consignees : Provided, That where a station, Imml- suitable building is used for the detention and examination of resDonslbl?'^^'^^ aliens the immigration officials shall there take charge of such aliens, and the transportation companies, masters, agents, owners, and consignees of the vessels bringing such aliens shall be relieved of the responsibility for their detention thereafter until the return of such aliens to their care. Medical exam- gEc. 17. That the physical and mental examination of all arriv- inatlon: ^^^ aliens shall be made by medical officers of the United States To be madeTublic Health and Marine-Hospital Service, who shall have had by P. H. and M. at least two years' experience in the practica of their profession surgeons ; gjugg receiving the degree of doctor of medicine and who shall certify for the information of the immigration officers and the boards of special Inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any such alien, or, should medical officers of the United States Public Health and Marine-Hospital Service be not avail- able, civil ^mfl statement in any way affecting or in relation to the right of any alien to admission to the United States shall be deemed guilty of perjury and be punished as provided by section fifty-three hundred and ninety-two. United States Revised Statutes. The decision of challenging any such officer, if favorable to the admission of any alien, shall be decision of. subject to challenge by any other immigration officer, and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investiga- tion. Every alien who may not appear to the examining ™™i- i,^'i"^i°'.''" grant inspector at the port of arrival to be clearly and beyond a Detaining doubt entitled to land shall be detained for examination in rela- aliens for ; tion thereto by a board of special inquiry. Sec. 25. That such boards of special inquiry shall be appointed Appointing ; by the commissioner of immigration at the various ports of arrival as may be necessary for the prompt determination of all cases of immigrants detained at such ports under the provisions of law. Each board shall consist of three members, who shall be selected from such of the immigrant officials in the service as the Com- missioner-General of Immigration, with the approval of the Sec- retary of Commerce and Labor, shall from time to time designate as qualified to serve on such boards: ProvUed, That at ports Other officials where there are fewer than three immigrant inspectors, the Sec- °' • retary of Commerce a.nal3igtbi^dpb^ Mfc/tesafl^sndation of the 154 The Immigration Commission. Boards of spe- Commissioner-General of Immigration, may designate otlier United Authority of • States officials for service on such boards of special inquiry. Such ' boards shall have authority to determine whether an alien who has been duly held shall be allowed to land or shall be deported. Hearings te-AU hearings before boards shall be separate and apart from the fore, private, public, but the said boards shall keep a complete permanent rec- ord of their proceedings and of all such testimony as may be produced before them ; and the decision of any two members of a board shall prevail, but either the alien or any dissenting member Appeals: of the said board may appeal through the commissioner of immi- ^ -gration at the port of arrival and the Commissioner-General of taklng'"^'^ "immigration to the Secretary of Commerce and Labor, and the Decision on, taking of such appeal shall operate to stay any action in regard based solely to the final disposal of any alien whose case is so appealed until upon original the receipt by the commissioner of immigration at the port of ar- evmence; ^..^^j ^^ ^^^j^ decision, which shall be rendered solely upon the Unless taken, evidence adduced before the board of special inquiry : Provided, decision of of- That in every case where an alien is excluded from admission cera na , j^^^^ ^j^^ United States, under any law or treaty now existing or hereafter made, the decision of the appropriate immigration of- ficers, if adverse to the admission of such alien, shall be final. Not allowed unless reversed on appeal to the Secretary of Commerce and In cases reject- Labor ; but nothing in this section shall be construed to admit of ed under sec- any appeal in the case of an alien rejected as provided for in sec- tion 10. y^jj ^gjj ^j ^j^jg ^^.j. Bonds: Sec. 26. That any alien liable to be excluded because likely to become a public charge or because of physical disability other der^-*°^'°^ "'''than tuberculosis or a loathsome or dangerous contagious dls- In'what cases ease may, if otherwise admissible, nevertheless be admitted in permissible ; the discretion of the Secretary of Commerce and Labor upon the giving of a suitable and proper bond or undertaking, approved by said Secretary in such amount and containing such conditions as he may prescribe, to the people of the United States, holding the United States or any State, Territory, county, municipality, or district thereof harmless against such alien becoming a public charge. The admission of such alien shall be a consideration for B , I „ g J n _ the giving of such bond or undertaking. Suit may be brought suits upon. thereon in the name and by the proper law oflicers either of the United States Government or of any State, Territory, district, county, or municipality in which such alien becomes a public charge, gjj,. . Sec. 27. That no suit or proceeding for a violation of the pro- visions of this Act shall be settled, compromised, or discontinued Compromls- without the consent of the court in which it is pending, entered ing, etc. ; of record, with the reasons therefor. Under former ^^°- ^^" '^'^^* nothing contained in this Act shall be construed acts not af- to afCect any prosecution, suit, action, or proceedings brought, fected hereby, or any act, thing, or matter, civil or criminal, done or existing at the time of the taking effect of this Act; but as to all such prosecutions, suits, actions, proceedings, acts, things, or matters the laws or parts of laws repealed or amended by this Act are hereby continued in force and effect. Sec. 29. That the circuit and district courts of the United and district: States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provi- Jurlsdlction. slons of this Act. - . Sec. 30. That all exclusive privileges of exchanging money, prWiegesV ^ * transporting passengers or baggage, or keeping eating houses, and all other like privileges in connection with any United States How grant- immigrant station, shall be disposed of after public competition, • subject to such conditions and limitations as the Commissioner- General of Immigration, under the direction or with the approval of the Secretary of Commerce and Labor, may prescribe: Pro- Proceeds vided, That no intoxicating liquors shall be sold in any such from, to be.„„j„„„„j. ^„j.s.„ . n,„4. „jj „„i„j.^ „„„ !„„ ^ i,._ j, , paid into im- immigrant sj^;^g(*^ ^^yFg§^^ accruing from the disposal migrant fund, of such exclusive pr: ' '" migrant fund, of such exclusive privileges as herein provided shall be paid into The Immigration Situation in Canada. 155 the Treasury of the United States to the credit of the " immigrant fund " provided for in section one of this Act. Sec. 31. That for the preservation of the peace and in order Peace offlcera: that arrests may be made for crimes under the laws of the States Art™ia„in * and Territories of the United States where the various immigrant statlSns stations are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper state and municipal officers charged with the enforcement of such laws, and for the purpose of this section the jurisdiction of such officers and of the local courts shall extend over such stations. Sec. 32. That the Commissioner-Genial of Immigration, under Commlsslon«r- the direction or with the approval ofS;he Secretary of Commerce*'""*"*' and Labor, shall prescribe rules for the entry and inspection of To make aliens along the borders of Canada and Mexico, so as not to unnec- t?acta"fop™i°' cessarily delay. Impede, or annoy passengers in ordinary travel snectlon on' between the United States and said countries, and shall have land bounda- power to enter into contracts with transportation lines for the said '''^®- purpose. Sec. 33. That for the purpose of this Act the term " United a/I ^ ,? ' ' * * States " as used in the title as well as in the various sections of ^*'""- this Act shall be construed to mean the United States and any Meaning of waters, territory, or other place subject to the jurisdiction thereof, term. except the Isthmian Canal Zone: Provided, That if any alien Canal Zone: shall leave the Canal Zone and attempt to enter any other place under the jurisdiction of the United States, nothing contained in inspection of this Act shall be construed as permitting him to enter under any ""^^ irom. other conditions than those applicable to all aliens. Sec 34. That the Commissioner-General of Immigration, with Commissioner: the approval of the Secretary of Commerce and Labor, may ap- point a commissioner of immigration to discharge at New Orleans, of'^at'New'or- Louisiana, the duties now required of other commissioners of leans. immigration at their respective posts. Sec. 35. That the deportation of aliens arrested within the Deportation: United States after entry and found to be illegally therein, pro- vided for in this Act, shall be to the trans- Atlantic or trans-Pacific jj.g^g'Jip^l^'j" ports from which said aliens embarked for the United States ; or, ports ; if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. Sec. 36. That all aliens who shall enter the United States except Ot aliens en- at the seaports thereof, or at such place or places as the Secretary fuiiy.^ uniaw- of Commerce and Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this Act: Provided, That nothing contained in this section shall affect Ports of entry: the power conferred by section thirty-two of this Act upon the rr. »^ ^ ■ Commissioner-General of Immigration to prescribe rules for the nated on faiS entry and inspection of aliens along the borders of Canada and borders. Mexico. Sec. 37. That whenever an alien shall have taken up his per- Admission: manent reidence in this country,. and shall have filed his declara- tion of intention to become a citizen, and thereafter shall send for Of diseased his wife 6r minor children to join him, if said wife or any of said children of children shall be found to be affected with any contagious dis- alien who has order, such wife or children shall be held, under such regulations ^fi^'^I^^^^*??: as the Secretary of Commerce and Labor shall prescribe, until "i^i^en. "^^^ it shall be determined whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be either admitted or deported until such facts have been ascertained; and if It shall be determined that the disorder is easily curable or that they can be permitted to land without danger to other persons, they shall, If otherwise admissible, thereupon be admitted. Sec. 38. That no person who disbelieves in or who is opposed AnarcniBts: to all organized government, or who is a member of or affiliated jjot to bead- wlth any organization At«':iiiiJiiK aM/CRaSOfiBl) such disbelief mltted ; In or opposition to all organized government, or who advocates or 156 The Immigration Commission. Anarchists: teaches the duty, necessity, or propriety of the unlawful assault- ing or killing of any oflScer or officers, either of specific indi- viduals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, shall be permitted to enter the United States or any territory or place subject to the jurisdiction thereof. This section shall be enforced by the Secretary of Commerce and Labor under such rules and regulations as he shall prescribe. Penalty for That any person who knowingly aids or assists any such person assisting to en- ^g enter the United States or any territory or place subject to the ^^' jurisdiction thereof, or who connives or conspires with any per- son or persons to allow, i*ocure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of Commerce and Labor shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both. Immigration gEC. 39. That a commission is hereby created, consisting of Commission: ^j^^.^^ ggnators, to be appointed by the President of the Senate, How appoint- and three members of the House of Representatives, to be ap- «d ! pointed by the Speaker of the House of Representatives, and three persons, to be appointed by the President of the United States. Said commission shall make full inquiry, examination, and investigation by subcommittee or otherwise into the subject and duties'^ •'*^*'^ immigration. For the purpose of said inquiry, examination, ' and investigation, said commission is authorized to send for per- sons and papers, make all necessary travel, either In the United States or any foreign country, and, through the chairman of the commission or any member thereof to administer oaths and to examine witnesses and papers respecting all matters pertaining to the subject, and to employ necessary clerical and other assist- ance. Said commission shall report to the Congress the conclu- sions reached by it and make such recommendations as In its Expenses of, judgment may seem proper. Such sums of money as may be liow paid. necessary for the said Inquiry, examination, and investigation are hereby appropriated and authorized to be paid out of the " Immi- grant fund " on the certificate of the chairman of said commission, including all expenses of the commissioners and a reasonable compensation, to be fixed by the President of the United States, for those members of the commission who are not members of International Congress ; and the President of the United States is also author- Conlcrence: ized, in the name of the Government of the United States, to call, President au- in his discretion, an international conference, to assemble at such range^for ^'^' P"™* ^^ ^^5" ^^ agreed upon, or to send special commissioners to any foreign country, for the purpose of regulating by international Purpose of. agreement, subject to the advice and consent of the Senate of the United States, the immigration of aliens to the United States; of providing for the mental, moral, and physical examination of such aliens by American consuls or other officers of the United States Government at the ports of embarkation, or elsewhere; of securing the assistance of foreign governments In their own terri- tories to prevent the evasion of the laws of the United States governing Immigration to the United States ; of entering Into such international agreements as may be proper to prevent the immi- gration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulat- informationing any matters pertaining to such Immigration. Bs'tlbiisii- Sec. 40. Authority is hereby given the Commissioner-General of ment of ; Immigration to establish, under the direction and control of the Secretary of Commerce and Labor, a division of Information In the Bureau of Immigration and NaturaUzation ; and the Secretary Duties and of Commerce and Labor shall provide such clerical assistance as authority of. may be necessary. It shall be the duty of said division to promote a beneficial distribution of aliens admitted into the United States among the several States and Territories desiring immigration. CorrespondtfaSgtfMiatf fey iMJCSOSOfl® proper officials of the States and Territories, and said division shall gather from all available The Immigration Situation in Canada. 157 sources useful Information regarding the resources, products, and In'ormat Ion physical characteristics of each State and Territory, and shall ""'*""' = publish such information in different languages and distribute the publications among all admitted aliens who may ask for such in- formation at the immigrant stations of the United States and to „, , „._4.. such other persons as may desire the same. When any State or Aonointment Territory appoints and maintains an agent or agents to represent and stationing it at any of the immigrant stations of the United States, such at ports; agents shall, under regulations prescribed by the Commissioner- Courtesies General of Immigration, subject to the approval of the Secretary ° ' of Commerce and Labor, have access to aliens who have been ad- mitted to the United States for the purpose of presenting, either orally or in writing, the special inducements ofCered by such State or Territory to aliens to settle therein. While on duty at any Control of. immigrant station such agents shall be subject to all the regula- tions prescribed by the Commissioner-General of Immigration, who, with the approval of the Secretary of Commerce and Labor, may, for violation of any such regulations, deny to the agent guill7 of such violation any of the privileges herein granted. Sec. 41. That nothing in this Act shall be construed to apply J™«'K" ""• to accredited officials of foreign governments nor to their suites, Exempted families, or guests. Irom provisions Sec. 42. It shall not be lawful for the master of a steamship or '^'^f^fij^tory „, other vessel whereon Immigrant passengers, or passengers other „„iggtion act. than cabin passengers, have been talien at any port or place in a foreign country or dominion (ports and places in foreign territory contiguous to the United States excepted) to bring such vessel and passengers to any port or place in the United States unless the compartments, spaces, and accommodations hereinafter mentioned have been provided, allotted, maintained, and used for and by such passengers during the entire voyage ; that is to say, in a steamship, the compartments or spaces, unobstructed by cargo, stores, or goods, shall be of sufficient dimensions to allow for each and every passenger carried or brought therein eighteen clear superficial feet of deck allotted to his or her use, if the compartment or space is located on the main deck or on the first deck next below the main deck of the vessel, and twenty clear superficial feet of deck allotted to his or her use for each passenger carried or brought therein if the compartment or space is located on the second deck below the main deck of the vessel : Provided, That if the height between the lower passenger deck and the deck immediately above It is less than seven feet, or if the apertures (exclusive of the side scuttles) through which light and air are admitted together to the lower passenger deck are less in size than in the proportion of three square feet to every one hundred superficial feet of that deck, the ship shall not carry a greater number of passengers on that deck than in the proportion of one passenger to every thirty clear superficial feet thereof. It shall not be lawful to carry or bring passengers on any deck other than the decks above mentioned. And in sailing vessels such passengers shall be carried or brought only on the deck (not being an orlop deck) that is next below the main deck of the vessel, or in a poop or deck house con- structed on the main deck ; and the compartment or space, unob- structed by cargo, stores, or goods, shall be of sufficient dimensions to allow one hundred and ten cubic feet for each and every pas- senger brought therein. And such passenger shall not be carried or brought in any between decks, nor in any compartment, space, poop, or deck house, the height of which from deck to deck is less than six feet. In computing the number of such passengers car- ried or brought in any vessel, children under one year of age shall not be included, and two children between one and eight years of age shall be counted as one passenger; and any person brought in any such vessel who shall have been, during the voyage, taken from any other vessel wrecked or in distress on the high seas, or have been picked up at sfeSPtS any lMe;/'aQro,/it® otherwise, shall not be Included in such computation. The master of a vessel 158 The Immigration Commission. Amendatory of coming to a port or place in the United States in violation of either naTigation act. ^^ j.]jg provisions of this section shall be deemed guilty of a misde- meanor; and if the number of passengers other than cabin pas- sengers carried or brought in the vessel, or in any compartment, space, poop, or deck house thereof, is greater than the number allowed to be carried or brought therein, respectively, as herein- before prescribed, the said master shall be fined fifty dollars for each and every passenger in excess of the proper number, and may also be imprisoned not exceeding six months. This section shall take effect on January first, nineteen hun- dred and nine. Bepealing Skc. 43. That the Act of March third, nineteen hundred and ciaase : three, being an Act to regulate the immigration of aliens into the United States, except section thirty-four thereof, and the Act of March twenty-second, nineteen hundred and four, being an Act to extend the exemption from head tax to citizens of Newfoundland entering the United States, and all Acts and parts of Acts in- Exceptions. consistent with this Act are hereby repealed : Provided, That this Act shall not be construed to repeal, alter, or amend existing laws relating to the immigration or exclusion of Chinese persons or persons of Chinese descent, nor to repeal, alter, or amend sec- tion six, chapter four hundred and fifty-three, third session Fifty- eighth Congress, approved February sixth, nineteen hundred and five, or, prior to January first, nineteen hunded and nine, section one of the Act approved August second, eighteen hundred and eighty-two, entitled "An Act to regulate the carriage of passengers by sea." When effecthe. Sec. 44. That this Act shall take effect and be enforced from and after July first, nineteen hundred and seven : Provided, how- ever, That section thirty-nine of this Act and the last proviso of section one shall take effect upon the passage of this Act and section forty-two on January first, nineteen hundred and nine. Approved February 20, 1907. (34 Stat., pt. 1, 898.) Digitized by Microsoft® THE IMMIGRATION SITUATION IK AUSTRALIA. 159 Digitized by Microsoft® ^mniriii-^ > :im Digitized by Microsoft® THE IMMIGRATION SITUATION IN AUSTRALIA. There has been a steady iirnnigration movement to the British colonies of Australasia since the earliest days of their settlement. Previous to the formation of the Australian Commonwealth in 1901, however, the extent of immigration from overseas is not definitely shown, because the various colonies did not distinguish between transoceanic immigration and the constant movement of population that went on among the colonies. It is well known, however, that in every period by far the greater part of the immigration to the Australian states from across the seas has come from the United Kingdom and the white population of the Commonwealth is funda- mentally British. atjstealja's immigration poljct. Since the federation in 1901 immigration has become a national question and its regulation has been within the Commonwealth. The immigration policy of the Commonwealth, however, is similar to that pursued by the separate colonies, which in general was the exclusion of Asiatics and Pacific Islanders, and the preservation and development of a "white Australia." The immigration problem in Australia is that of a vast unde- veloped land, the only districts which are at all well populated with whites being a fringe of country along the coast. With an area of 2,974,581 square miles Australia had in 1907 a population of only 4,197,022, while the continental United States with a land area of 2,974,159 square miles, had in 1900 a population of about 76,000,000. The total area and the number of acres alien- ated, in process of alienation, leased or licensed, and unoccupied, in each Australian state, in 1907, are shown in the following table : Table 1. — Tlie eaitent of settlement in Australia in 1907, by States. [Compiled from the OfBcIal Year Book of the Commonwealth of Australia, No. 2, 1901-1908.J Number of acres. Per cent of total acres. States. Total. Alien- ated. In process of aliena- tion. Leased or licensed. Unoccupied. Alien- ated. In proc- ess of alien- ation. Leased or li- censed. Un- occu- pied. New South Wales- Queensland South Australia. . . 198,638,080 429,130,000 578,361,600 16,777,600 56,245,760 624,688,800 33,921,608 14,924,417 8.789,339 4; 805, 697 22,940,143 3,969,966 16,565,225 4,778,908 1,134,424 796,726 4,488,346 9,100,041 126,081,293 264,219,200 205,961,813 1,432,917 16,632,966 160,205,944 22,070,054 145,197,475 382,476,024 9,742,261 12,184,306 451,312,860 17.1 3.6 1.5 28.6 40.8 .6 8.3 1.1 .2 4.7 8.0 1.6 63.6 61.6 35.6 8.6 29.6 25.6 11.1 33.8 62.7 68.1 Victoria Weatem-Austialla. 21.7 72.3 Total........ 1,903,731,840 f)i^m f&Wi ?Krt?^(i^ W)02,982,970 4.7 1.9 40.7 62.7 161 162 The Immigration Commission. It will be noted that of the total area of the Commonwealth 52,7 per cent remained unoccupied in 1907. Only 4.7 per cent has been entirely alienated, 1.9 per cent being in process of alienation, and 40.7 per cent being leased or licensed. The largest proportion of land entirely alienated is in Victoria; Tasmania and New South Wales also have relatively large proportions of area entirely alienated. On the other hand, in Victoria less than 1 per cent has been alienated, while 72.3 per cent remains unoccupied. Both in South Australia and Tasmania considerably more than one-half the total area of the State remained unoccupied in 1907. In order to induce settlers to take up unoccupied land the govern- ment allows them to purchase the freehold by the payment of small half-yearly installments upon liberal terms. Advances for improving their holdings are also made in all the States except Tasmania. Even with such liberal inducements, however, the movement of settlers from overseas is not great, and some of the States continue to induce immi- gration by paying the passage wholly or in part of persons desiring to settle on the land or to engage in farm or dairy work, or work of a similar nature. Such assistance is also afforded to domestic servants and to other persons who can satisfy the agents-general of the Com- monwealth in London that they would make desirable settlers for Australia." ASSISTED IMMIGEATION. The policy of assisting immigration has been vigorously pursued by the several colonies of Australasia for a greater part or the time since the early days of their settlement. This practice was prac- tically discontinued in Victoria in 1873, in South Australia in 1886, and in Tasmania in 1891. In 1887 it was discontinued in New South Wales, but with certain reservations which enabled that colony to assist a limited number of immigrants during the period 1888 to 1899. From 1900 to 1905 no assistance was given by that colony, but the practice was resumed in 1906. Queensland and Western Austra- lia have continually pursued the policy of assisted immigration. The following figures show the total number of assisted immigrants that have come to the various States now comprising the Common- wealth of Australia up to the end of 1907 : * New South Wales 215,497 Victoria 140,229 Queensland 171, 473 South Australia 95,348 West Australia 9, 452 Tasmania 21, 699 Total 653, 698 The immigrants mostly desired by Australia are agricultural set- lers with small capital who will devote themselves to the develop- nent of the agricultural area, and also suitable immigrants with lealth and willingness to work on the land." " The Australian Commonwealth, 1908, p. 4C. *> Official Year Book of ffitJg/gfeg[gfifeiyvj^'lftojfoSI@tralla, No. 2, 1901-1908, p. 176. The Immigration Situation in Australia. 163 Year. 1788-. 1801- 1811-. 1821- 1831-. POPULATION AND EARLIER IMMIGRATION. In 1788, 1,030 persons settled in New South Wales, the parent colony of Australia, and since that beginning immigration has been a very important factor in the growth of the population. This growth is shown in the following table, which gives the combined population, exclusive of aborigines, of the Australian colonies now forming the Commonwealth at various census periods : Year. Population. 1851 403, 889 1861 1, 153, 973 1871 1, 668, 377 1881 2, 252, 617 1891 3, 183, 237 1901 3, 773, 248 The high rate of increase between 1831 and 1841 was due to the policy of state-aided immigration, which was vigorously pursued during that period. The rapid growth between 1851 and 1861 was largely due to the discovery of gold in Victoria and the consequent heavy immigration to that colony. Later the large gains in the populations of Queensland and Western Australia were also mainly the results of the large immigration attendant upon gold discoveries. In the following table is shown the population at the specified census periods of each colony now composing the Commonwealth : Table 2.— The population of Australasia, t)y colonies, at the specified census periods. ' [From The Seven Colonies of Australasia, 1901-2, p. 531.] Population. 1,030 6,508 11,525 35, 610 79,306 1841 206, 095 Colony. 1861. 1871. 1881. 1891. 1901. New South Wales 350,860 540,322 30,059 126,830 15, 691 90,211 503,981 731,528 120, 104 185,626 25,353 101,785 751, 468 862,346 213,525 279,865 29,708 115,705 1,132,234 1,140,405 393,718 320,431 49,782 146,667 1,354,846 Victoria 1,201,070 Queensland 496,596 362,604 Western Australia. 184,124 Tjwmania . , , 172,475 Total 1,153,973 1,668,377 2,252,617 3,183,237 3,771,715 Previous to the formation of the Commonwealth in 1901, the im- migration records of the several colonies were kept separately, and while statistics are available to show the extent of the movement, in some of the colonies account was not taken of the destination of emigrants i^or of the country of last residence of immigrants. It is impossible, therefore, to determine exactly what proportion of the immigration was intercolonial and what proportion was from over the sea. However, the table next submitted shows for various periods the increase of population in the several colonies by reason of the excess of immigration over emigration. Digitized by Microsoft® 164 The Immigration Commission. Table 3. — The " net immigration " to Australasia for the five decennial periods ending 1900, and for the year 1901, J)y colorUes. [From The Seven Colonies of Australasia 1901-1902 p. 535.] Colony. 1851-1860. 1861-1870. 1871-1880. 1881-1890. 1891-1900. 1901. 123,097 398,753 (') 33,024 7,187 6,767 45,539 38,935 68,191 17,949 5,891 3,228 109,341 o 12, 672 73,849 34,569 638 111,427 164,205 112,097 101,625 017,004 10,170 5,572 16,167 0108,795 17,247 016,623 118,592 73 6,744 Victoria 3,784 3,974 South Australia ol,596 11,641 o 1,875 o Included in New South Wales. t> Denotes excess of emigrants. During the 11 years ending 1901 there was a decided decline in ' net immigration." Western Australia alone seemed _ to continue attract a large number of immigrants, the excess arrivals in that State from 1891 to 1900 being 118,592. The figures show very clearly the attractive force of the gold dis- coveries: In 1851-1860 the rush to Victoria; in 1861-1870 the cur- rent turned to New Zealand; in 1881-1890 to Queensland; and in 1891-1900 to western Australia. IMMIGRATION SINCE 1901. The following table shows the number of immigrants of various nationalities admitted to the Australian Commonwealth in the years 1902 to 1908, inclusive : Table 4. — Nationality of persons admitted to the Commowwealth of Australia, 1902 to 1908, inclusive. [The. Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 1106.] Nationality. 1902. 1903. 1904. 1905. 1906. 1907. 1908. 1902- 1908. Europeans: 647 14 35,330 62 46 1,011 1,162 268 1,181 9 4 10 100 221 32 65 12 1,121 471 6 7 1 8 1,336 521 321 254 1,117 93 809 20 36,061 94 30 1,390 1,028 210 793 8 5 930 20 39,026 103 26 2,076 823 194 814 8 683 25 39,975 125 43 1,402 926 121 734 13 2 691 33 47,396 259 91 1,866 1,339 240 839 5 3 651 64 60,172 280 94 1,685 1,909 202 992 6 6 736 45. 64,374 227 120 1,546 1,911 296 902 22 5 12 349 825 57 78 4 112 687 10 4 5,147 / British 021.^4) *'*^'l40 / Dutch 449 / French 10,976 9,098 1,631 / ' Italians 6,266 / Poles.,. 71 25 22 / Russians 148 382 53 20 13 561 6 10 122 320 27 79 7' 663 157 281 35 63 3 17 603 293 776 32 68 8 18 867 12 4 388 1,173 86 78 6 2» 889 15 9 1,567 3,978 322 Swiss 441 46 Not specified 1,304 Americans: North Americans 4,641 49 Negroes 13 16 63 1 W^t Indians 10 986 559 626 144 1,098 145 6 848 461 469 638 193 552 20 4 1,269 251 289 359 98 415 ^ 34 1,134 356 436 322 156 368 34 13 • 1,424 521 370 274 121 493 38 23 1,771 555 230 174 89 430 67 64 Asiatics: 8,768 Jananese 3,224 2,641 Other Asiatics 2,165 Miscellaneous ; Pacific Islanders 2,932 2,496 others „ ... - , Digi Total ■-- 246 ^Iso 48, 338 "37,943 67,646 71,988 75,660-. i?il5'^ The Immigration Situation in Australia. 165 As in colonial times, recent immigration to Australia is mainly _BrUi^JB2J_peE_cent of the 391,207 persons iiicluded in the foregoing ~taBlOiein§ of that nationality. „HQreover, British, immigration to Australia.- increased rapidly during the period considered. In 1902 it was 35,330, and in 1908 it "haa "increased to 64,374. No other nationality comes in any considerable numbers; the French being second with 10,976 during the seven years considered; the Germans third with 9,098. Among the Asiatic immigrants the Chinese led with 8,767, during the period under consideration. Except in the case of the British, data are not available to show the geographical sources of the immigration above considered. Of the British, however, only a little more than one-fourth are recorded as coming to Australia from the United Kingdom; the remainder being from New Zealand and other British colonies. The following table shows the total number of immigrants who arrived from all British countries from 1904 to 1907, inclusive, and the per cent that were from the United Kingdom, New Zealand, and other British possessions: Table 5. — Immigration to Australia front British cov/ntries, ISOJf to 1907, in- clusive. [Compiled from statistics furnished by the Australian Minister of External Affairs.] Calendar year. Total number from British comi tries. From United King- dom. From New Zea- land. From all other Brit- ish countries. Number. Per cent of total. Number. Per cent of total. Nimiber. Per cent of total. 1904 . ... ... 37,807 40,381 45,678 59,376 9,811 10,594 12,674 17,194 26.0 26.2 27.7 29.0 18,555 20.317 22,145 27,425 49,1 50.3 48.5 46.2 9,441 9,470 10,869 14,757 25.0 1905 23.5 1906 23.8 1907.. . 24.9 The British character of Australian immigration is due partly to - the efforts that have been made in British countries. At one period I New South Wales voted £5,000 for the dispatch to Great Britain | and Ireland of agents for the purpose of inducing immigration," and also during the later periods of assisted immigration, the propa- ganda was confined to British sources.* Another factor in determining the character of Australian immi- gration has been the great distance and the cost of transportation. These have deterred the peoples of southern and eastern Europe,' who are in general less able to afford the trip. " The Seven Colonies of Australasia, 1901-2, p. 13. * The Australian Commonwealth ; Its Resources and Production, p. 50. Digitized by Microsoft® 166 The Immigration Commission. THE BRITISH ELEMENT IN AUSTKALIA'S POPULATION. The following table, based on the Australian census of 1901, shows how fundamentally British is the population of the commonwealth: Table 6. — 2'he population of Australia, exclusive of aborigines, by birthplace, 1901. [Compiled from the Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 159.) Birthplace. Number. Per cent of total. Birthplace. Number. Percent of total. 2,908,303 25,788 679,159 74,673 47,014 2,869 /T^ 12,607 10,363 5,203 7,922 lis .1 United Kingdom . . At sea I Unspeeifled Total. Africa 3,773,801 100 , Of the 77.1 per cent of the population classed as native-born it is probable that nearly all were the descendants of British immigrants. Undoubtedly this is also true of those born in New Zealand. Con- sequently when these elements in the population are consolidated with persons born in the United Kingdom it will be seen that the population of the Commonwealth is essentially British by birth or descent. IMMIGRATION BY SEX. The following shows the immigration to Australia, by sex, for each calendar year from 1904: to 1906, inclusive : Table 7. — Immigration to Australia, hy sex, 1904 to 1906, inclusive. [Compiled from statistics furnished by the Australian Minister of External Affairs.] Calendar year. Total number admitted. Number. Percent. Male. Female. Male. Female. 1904 46,336 48,836 84,164 32,414 33,146 36,312 13,922 15,690 17,852 70.0 67.9 67.0 30.0 1905 32.1 1906 33 Total 149,336 101,872 47,464 68.2 31.8 In each year for which data are given more than two-thirds of the hnmigrants to Australia were males, which suggests that the move- ment to that country is largely one of individuals rather than the families. Among immigrants of white nationalities the proportion of females is somewhat larger than among Asiatics and Pacific IslanderSj as is shown by the Sible next submitted. Digitized by Microsoft® The Immigration Situation in Aastralia. 167 Table 8. — Immigration to Australia, hy sex and oolor, 190i to 1906, inclusive. [Compiled from statistics furnislied by tlie Australian Minister of External A£Eairs.] Class. Total number. Number. Per cent. Male. Female. Male. Female. ^Vliitp TintioTifv11t1>^ 123,866 35,470 83,429 18,443 40,437 7,027 67.4 72.4 32.6 27.6 Total 149,336 101,872 47,464 68.2 31.8 IMMIGRATION BY AGE. The following shows the immigration to Australia from 1904 to 1906, inclusive, by age: Table 9. — Immigration to Australia, hy age groups, 190^. to 1906, inclusive. [Compiled from statistics furnislied by the Australian Minister of External Affairs.] Total number. Number. Per cent. Calendar year. Under 12 years of age. Over 12 years of age. Under 12 years of age. Overl2 years of age. 32,414 33,146 36,312 1,985 2,062 2,809 30,429 31,084 33,503 16.1 6.2 7.7 93.9 93.8 X906 92.3 THE AUSTRALIAN IMMIGRATION LAW. Prior to the federation the several colonies of Australia had re- stricted the immigration of Chinese and other Asiatic races and had also put a bar upon the admission of other persons who were unde- sirable for medical or economic reasons. Upon the formation of the Commonwealth, in 1901, the power to control immigration and emi- gration was conceded to the Parliament of the Commonwealth." Acting under this authority, Parliament passed the immigration restriction act of 1901, which superseded the immigration laws of the several colonies. In 1905 the contract immigrants act was substituted for a clause of the act of 1901 which restricted the immigration of persons under contract, and the act was otherwise amended. The law of 1901 as amended by the two acts of 1905 is printed in full m the appendix of this report.* Under the Australian law the following classes of persons are pro- hibited from entering the Commonwealth : i. ^ • i, (1) Any person who fails to pass the dictation test; that is, who fails to write out not less than 50 words of a language prescribed hy the regulation, when dictated to him by an officer administering the act. <• Commonwealth Constitution Act, Chap. I, Ft. V, sec. 51, xxvii and xxviil, * ^P- i^'^-i^- Digitized by Microsoft® 79520°— VOL 40— 11-^-E ' 168 The Immigration ^^ommission. (2) Any person likely to become a charge upon the public. (3) Any idiot or insane person. (4) Any person suffering from an infectious or contagious disease of a loathsome or dangerous character. (5) Any person who has been convicted of an offense, other than a mere political offense, and has been sentenced to imprisonment for one year or longer and has not served his sentence or received a pardon. (6) Any prostitute or person living on the prostitution of others. The act of 1901 provided that the dictation test should be in a European language. The act of 1905 provided that a European language should continue to be used until regulations be passed pre- scribing the languages for the test. Such regulations have not been passed, so a European language continues to be employed. This test, however^ has never been imposed upon European immigrants." The contract immigrants act, 1905, defines a contract immigrant as an immigrant to Australia under a contract or agreement to per- form manual labor in the Commonwealth. No such immigrant will be admitted to Australia except upon the following conditions: The contract must be in writing and must be made by or on behalf of a resident of Australia. ' Its terms must be approved by the minister of external affairs. It must not be made in contemplation of or with a view of affecting an industrial dispute. The minister must be satisfied that there exists a difficulty of obtaining a worker of equal skill and ability in the Commonwealth. This last provision does not apply to contract immigrants who are British subjects, either bom in the United Kingdom or descended from persons born there. The terms of the contract must offer to the immigrants advantages equal to those of local workers. This act does not apply to domestic ser- vants and personal attendants accompanying their employers to Australia.* Nine hundred and seventy-two contract immigrants, distributed among the following nationalities, were admitted to Australia in 1907: British, 731; Spaniards, 107; Scandinavians, 80; Austrians, 41 ; Germans, 13. Excepting 47 of the British and the 13 Germans, these were all agricultural laborers brought in for the Queensland sugar industry, 571 being contracted for by the Queensland Government and 341 by the Colonial Sugar Refining Co.« Although the immigration law of the Commonwealth embodies a plan of rigid exclusion, it bear-s heavily only on a small per cent of immigrants. There are two clauses in it which permit discrimination in favor of immigrants who are desired. Section 3 provides that "any person possessed of a certificate of exemption in force for the time being in the form in the schedule, signed by the minister or by any officer appointed under this act, whether within or with- out the Commonwealth," may enter Australia even though he is one The Official Tear Book of the CommoBwealth of Australia, No. 2, 1901-1908, p. 1105. » Ibid., No. 2, 1901-1908, p. 107.3. Ibid., No, 2, 1901-1908, p. 1074. Digitized by Microsoft® Ihe Immigration Ibituation in Australia. 169 of the prohibited classes. This certificate shall be good only for a specified period. No statistics of the number of exemption certifi- cates issued are available. Even greater elasticity is given to the law by section 4 A, which allows the minister for external affairs to make an arrangement with the Government of any country regulating the admission to the Com- monwealth of the subjects or citizens of that country whereby the subjects and citizens of that country shall not be required to pass the dictation test. The arrangement must be sanctioned by resolutions of both Houses of the Parliament. PENALTY FOR EVASION OF THE LAW. Section 5 of the immigration restriction act provides as follows : 1. Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may, if at any time thereafter he is found within the Commonwealth, be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant ofEending against this act. 2. Any immigrant may at any time within one year after he has entered the Commonwealth be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant ofEending against this act. A prohibited unmigrant offending against the act is liable to " im- prisonment for not more than six months, and in addition to or substi- tution for such imprisonment shall be liable pursuant to any order of the minister to be deported from the Commonwealth." REJECTION OF ARRIVING IMMIGRANTS. The following table shows the number of immigrants admitted with or without the educational test and the number to whom admis- sion was refused: Table 10. — Persons admitted or refused admission to the Australian Commonr wealth, 1902 to 1908, inclusive. [Compiled from the Official Year Book of the Commonwealth of Australia, No 1908, p. 1106.] . 2, 1901- Year. Number admitted who passed educational test. Number admitted without educational test. Number refused admittance. 1902 33 13 1 3 45,486 44,117 48,337 47,940 57,646 71,988 75, 660 653 1903 152 1904 117 1905.. 106 1906 S3 1907 62 1908. 1 108 Total 51 391,156 1,251 It will be seen that the proportion of immigrants to Australia to whom admission is refused is relatively small. The table next sub- mitted compares the number of immigrants admitted and rejected in 1908 under the Austra^^^/|gyig^i^^,^^^|[^ited States laws. 170 The Immigration i^ommission. Table 11. — Total number of imtmgrants admitted and rejected under the'^ Aus- tralian, Canadian, and United States laws in the year 1908. [Compiled from the Official Year Book of the Commonwealth of Australia, reports of Superintendent of Imigration, Canada, and reports of United States Commissioner General of Immigration.] Country. Admitted. Rejected. Proportion rejected. Australia (calendar year) Canada (year ending Mar. 31) United States (year ending June 30) 75,661 262,469 782,820 108 1.002 10,907 1 to 701 1 to 262 Ito 72 The comparatively small proportion of immigrants refused admis- sion to Australia is due to the fact that such a large part of those who seek admission are British, and to immigrants of that nationality there is practically no bar, the immigrants to whom admission is refused being almost entirely Asiatics. The following figures for recent years indicate the nationality of the rejected immigrants and the grounds upon which the rejections were based. Table 12. — Immigrants refused admission to the Commonwealth of Australia, iy race, 1902 to 1907, inclusive. [Compiled from Parliamentary Papers of Australia.] Bace. 1902. 1903. 1904. 1905. 1906.O 1907. 1902-19OT.a African (black). 2 2 Afghan 1 1 Algerian .. 2 2 2 8 1 2 3 2 American, White . 2 2 1 1 1 2 4 6 Arab 11 ArmPTiian i 2 British 2 1 6 Burmese 1 10 1 Caoe Verde Islander. - 13 8 1 32 2 31 2 ChmjBse 459 2 5 2 1 6 1 1 4 5 11 6 17 3 4 99 3 6 78- 79 746 Chilian 5 1 3 15 Danes 2 East Indian 1 6 9 7 17 French 6 1 1 8 (rennan 5 Greek 4 5 9 Hindu 4 1 2 1 2 23 Italian 7 19 Kurd 3 4 Malay 1 4 2 3 3 8 Maori 2 Mauritian . 1 4 14 3 17 Papuan. 1 5 1 1 29 22 4 1 1 6 HuSiSian 1 1 1 30 Routh Pea TRlander S 27 1 1 S Syrian . , , 5 1 7 Tonquinese 21 9 21 5 2 2 16 others 2 Total 653 Digiti. 152 zed by 117 Micros^ 106 b#@ 63 62 H,143 a Data not available, by race, for 1906. <> Including S3 for whom detailed information is not avaUaliIe< The Immigration Situation in Australia. 171 Table 13. — Immigrants refused admission to the Commonwealth of Australia, ty race and cause of rejection, 1902 to 1901, inclusive.'^ [Compiled from Parliamentary Papers of Australia.] Bace. FaUed to pass dictation test. Likely to become a public charge. Insane. Criminal. Total. African (black) 2 1 2 2 Aflshan Algerian 2 American, White 2 2 American, Negro 6 11 5 6 Arab. ........ XI Armenian Austrian 2 4 2 British 2 6 Burmese 1 32 2 746 6 15 1 flape Vprrtp "^nn^ers . 32 C!haldean 2 Chinese 746 Chilian.. s Cingalese 15 Danes 2 2 East Indian... 1 6 17 1 Egyptian 6 17 French 6 4 9 2 6 1 1 1 8 5 Greek 9 21 23 Italian 1 7 19 3 4 8 2 4 17 1 1 19 Kurd 3 4 Malay 8 2 4 17 Papuan . 1 5 1 6 1 1 30 25 1 Sftuth African 30 2 5 27 5 Ryrinn 7 21 16 2 7 Tnnnninpsp 21 Wpsf iTidiflTi 16 Others 2 Total 1,034 50 5 m 1,090 a Not including 53 excluded in 1906, for whom data are not available. It will be noted that the immigrants rejected were nearly all of the Asiatic races, and that of these all but two were refused admis- sion because of failure to pass the dictation test, the exceptions noted being Hindus, both of whom were turned back because of the likeli- hood that they would become public charges. The latter cause also accounts for the rejection of nearly all the Europeans who failed to gain admission. During the whole period considered five persons were rejected for insanity, one for criminality, and none for disease. CHINESE IMMIGRATION. During the last 50 years the most vital phase of the Australian immigration situation has been the exclusion of Asiatics. The colo- nies have fought this immigration by entrance fees and fines, limita- tions of the number cffi/jiJi^fli^sMforasgten tonnage of ships, edu- cational tests, and absolute prohibition. 1V2 The Immigration Commission. There were Chinese in Queensland as early as 1848, but the number .of persons of that race in all Australia was inconsiderable up to the rush to the Victorian gold fields in 1851. The influx of Chinese at that time was the immediate cause of the adoption of a vigorous exclusion by all the colonies. In 1856 Victoria enacted a law pro- viding that no ship should bring more than 1 Chinese to each 10 tons of its tonnage and that a shipmaster must deposit £10 with the collector of customs for each Chinaman brought." South Aus- tralia, New South Wales, and Queensland soon afterwards enacted similar legislation. Under these laws the exclusion of the Chinese became so effective that after several years they were repealed in Victoria and New South Wales. In 1880, however, the Chinese movement again became the subject of even more drastic legislation. New South Wales, Victoria, South Australia, and Tasmania* decreed that every Chinaman must pay an entrance tax of £10 and that a ship might bring only 1 person of that race to every 100 tons of its tonnage. Queensland in 1884 raised the entrance fee to £30 and allowed 1 to 50 tons. These measures were only temporarily effective, and another crisis was reached in 1888, in which year the colonies conferred and agreed to adopt more stringent measures. New South Wales fixed the entrance fee for Chinese at £100 each and permitted ships to bring only 1 Chinese to each 300 tons of the tonnage. The restrictions in the other colonies were made almost equally severe. Following these enactments there was a rapid decrease in the number of Chinese immigrants. At the same time there were small beginnings of other Asiatic immigration which was considered equally as undesirable as the Chinese. The result was that in the few years preceding the federation the colonies adopted the policy of imposing upon all im- migrants an educational test in a European language. This meas- ure proved an effectual barrier to the Asiatics, and the same provision was embodied in the Commonwealth immigration restriction act of 1901, which, slightly amended, is still operative. "Annals of the American Academy, vol. 24, p. 212. ' Tasmania adopted this regulation in 1887. Digitized by Microsoft® The Immigration Situation in Australia. 173 CHINESE IN AUSTRALIA. The following table shows the number of Chinese in the various Australian colonies in census years since 1861 : Table 14. — Numier of Chinese in Australia in census years, 1861 to 1901. [From A Statistical Account of Australia and New Zealand, 1903^, p. 173.] State. 1861 1871 1881 1891 1901 New South Wales 12,988 24,732 638 40 7,220 17,935 3,306 ° 10,206 12,128 11,229 4,161 145 844 14,166 9,377 8,574 3,997 917 1,056 11,263 6,9S6 Victoria Queensland 9,313 3,455 1,569 South Australia. Western Australia 609 Total . 38, 298 (a) 38,703 !>38,077 6 33,165 a No data. !> Includes half-castes. THE PACiriO ISLANDERS. Kanakas, black laborers, recruited from the Pacific Islands, were introduced in Queensland about 1865 for the cultivation of sugar cane." As early as 1868 an attempt was made to prohibit the traffic in this class of labor, but the only measures enacted were to regulate the recruitment of laborers and contracts with them. The traffic grew and the greater part of the field work on the sugar plantations of that colony was done by the Kanakas. In 1892 the Pacific laborers' (extension) bill was passed in Queens- land, and in spite of the protests of white laborers Polynesian Kanaka laborers were again employed for the cultivation of sugar cane.* In 1901 the Commonwealth Parliament passed the Pacific Island laborers' act, which aimed to abolish the employment of Kanakas. It provided that only a limited number of Pacific Islanders should be admitted to the Commonwealth before March 31, 1904, and that after that date none would be permitted to enter. No contract could be made with those already in the Commonwealth after December 31, 1906. Any Pacific Islander found in the Commonwealth after the latter date would be liable to deportation." To protect the sugar planters who had been the employers of this labor a tariff was put on foreign sugar; while the sugar-bounty act of 1905 and the bounties act of 1908 provided that a bounty should be paid on sugar grown or produced by white labor."^ "A Statistical Account of the Seven Colonies of Australasia, 1901-2, p. 82. » A Statistical Account of Australia and New Zealand, 1903-4, p. 380. " A Statistical Account of the Seven Colonies of Australasia, p. 89. * The Official Year Book of the Commonwealth of Australia, No. 2, 1901-1908, p. 1074. Digitized by Microsoft® 174 The Immigration Commission. The following figures show the number of Pacific Islanders in the various states of the Commonwealth at the census of 1901 : Table 15. — The number of Pacific Islanders m Australia in 1901, iy States. [Compiled from A Statistical Account of Australia and New Zealand, 1903-4, p. 17 A.] State. Number of Pacific Islanders. New South Wales 467 Victoria 2 Queensland 9,327 2 South Australia . . - . - Western Australia 31 Total for Commonwealth 9,829 The following table shows the number of Pacific Islanders who arrived and departed in Queensland from 1893 to 1903 : Table 16. — The arrivals and departures of Padfio Islanders from Queenslam4 during the specified years. [Compiled from A Statistical Account of Australia and New Zealand, 1903-4, p. 381.] Years. Arrivals. Depar- tures. Yeais. Arrivals. Depar- tures. 1893 1,211 1,859 1,305 782 934 1,178 1,282 803 743 608 884 693 1899 1,522 1,743 1,726 1,139 1,037 1894 1900... 940 1895 1901 1896 1902.... 1,775 1,065 1897 1903... 1898.... Digitized by Microsoft® APPENDIX. THE AUSTBALIAN IMIII6BATI0IT LAW. 175 Digitized by Microsoft® Digitized by Microsoft® Appendix. THE AUSTRALIAN IMMIGBATION LAW. THE COMMONWEALTH OF AUSTRAIIA. The Immiqeation Resteiction Act, 1901 (No. 17 op 1901), as Amended bt the IMMIGEATION RESTRICTION AMENDMENT ACT, 1905 (NO. 17 OP 1905)" AND BT THE Contract Immigrants Act, 1905 (No. 19 op 1905.)* AN ACT To place certain restrictions on immigration and to provide for the removal from the Commonwealth of prohibited immigrants. Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: 1. This act may be cited as the immigration restriction act, 1901.0 2. In this act, unless the contrary intention appears, " oflBcer " means any officer appointed under this act, or any officer of customs, or any member of the police force of a State ; " the minister " means the minister for external affairs. 3. The immigration into the Commonwe.ilth of the persons described in any of the following paragraphs of this section ( hereinafter called " prohibited im- migrants") is prohibited, namely: (a) any person who fails to pass the dicta- tion test — that is to say, who, when an officer dictates to him not less than 50 words In any prescribed"* language, fails to write them out in that language in the presence of the officer; no regulation prescribing any language or lan- guages shall have any force until it has been laid before both Houses of the Parliament for thirty days and, before or after the expiration of such thirty days, both Houses of the Parliament, by a resolution, of which notice has been given, have agreed to such regulation ; ( 6 ) any person likely, in the opinion of the minister or of an officer, to become a charge upon the public or upon any public or charitable institution; (c) any idiot or insane person; {d) any per- son suffering from an infectious or contagious disease of a loathsome or dan- gerous character; (e) any person who has been convicted of an offense, not being a mere political offense, and has been sentenced to imprisonment for one year or longer therefor, and has not served his sentence or received a pardon ; (/) any prostitute or person living on the prostitution of others. ******* But the following are excepted: (h) Any person possessed of a certificate of exemption in force for the time being in the form in the schedule, signed by the minister or by any officer appointed under this act whether within or with- " Assented to Dec. 21, 1905; proclaimed to commence Feb. 1, 1906. 'Assented to Dec. 21, 1905. "The immigration restriction act, 1901, and the immigration restriction act, 1905, may together be cited as the immigration restriction acts, 1901-1905. (See act No. 17, 1905, sec. 1.) * Section 5 of the immigration restriction amendment act, 1905, is as follows : "5. Until a regulation prescribing any language or languages under section three of the principal act as amended by this act shall come into force, any language authorized by section three of the principal act before the commence- ment of this act shall be deemed to be a prescribed language within the meaning of that section as so amcB^'zecf by Microsoft® 177 178 The Immigration Commission. out the Commonwealth; (f) members of the King's regular land or sea forces; (;■) the master and crew of any public vessel of any Government; (fc) the master and crew of any other vessel landing during the stay of the vessel in any port in the Commonwealth: Provided, That the master shall, upon being so required by any officer and before being permitted to clear out from or leave the port, muster the crew in the presence of an officer ; and if it is found that any person, who, according to the vessel's articles was one of the crew when she arrived at the port, and who would, in the opinion of the officer, be a pro- hibited immigrant but for the exception contained in this paragraph, is not present, then such person shall not be excepted by this paragraph, and until the contrary is proved shall be deemed to be a prohibited immigrant and to have entered the Commonwealth contrary to this act; (I) any person duly accredited to the Government of the Commonwealth by the Imperial or any other Govern- ment or sent by any Government on any special mission. ******* 4. A certificate of exemption shall be expressed to be in force for a specified period only, and may at any time be canceled by the minister by writing under his hand. Upon the expiration or cancellation of any such certificate, the person named therein shall, if found within the Commonwealth, be deemed to be a prohibited immigrant offending against this act, and may be deported from the Common- wealth pursuant to any order of the minister : Provided, That in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners agents or charterers. 4a. (1) If the minister notifies by notice in the Gazette that an arrangement has been made with the Government of any country regulating the admission to the Commonwealth of the subjects or citizens of that country, the subjects or citizens of that country shall not, while the notice continues to have effect, be required to pass the dictation test. (2) The minister shall not issue any such notice until the arrangement has been sanctioned by resolution of both Houses of the Parliament. (3) Any such notice shall cease to have effect upon the minister notifying, by notice in the Gazette, that it is canceled. 46. (1) Any person who has resided In Australia for a period or periods in the aggregate of not less than five years, and who is about to depart from the Commonwealth, may in manner prescribed apply to an officer authorized In that behalf for a certificate in the prescribed form excepting him, if he returns to the Commonwealth within the period limited in the certificate, from the pro- visions of paragraph (o) of section three of this act. (2) The officer may in his discretion give the certificate on payment of the prescribed fee, or, without assigning any reason, withhold it. (3) Where the minister is satisfied that a certificate given under this sec- tion has been obtained by any untrue statement of fact or intention, the minister may revoke the certificate, which shall thereupon be taken to be of no effect, and shall on demand be delivered up to the minister. (4) A person to whom a certificate under this section has been issued (which certificate has not been revoked) shall not, on his return to the Commonwealth within the time limited by the certificate, if he produces and delivers the cer- tificate to an officer, be required to pass the dictation test. 5. (1) Any immigrant who evades an officer or who enters the Commonwealth at any place where no officer is stationed may if at any time thereafter he is found within the Commonwealth be required to pass the dictation test, and shall If he fails to do so be deemed to be a prohibited immigrant offending against this act. (2) Any immigrant may at any time within one year after he has entered the Commonwealth be required to pass the dictation test, and shall if he fails to do so be deemed to be a prohibited immigrant offending against this act. (3) In any prosecution under the last preceding subsection, the averment of the prosecutor contained in the information that the defendant has entered the Commonwealth within one year before his failing to pass the dictation test shall be deemed to be proved in the absence of proof to the contrary. 6. Any prohibited immigrant within the meaning of paragraph (o) only of section three may if thought fit by an officer be allowed to enter the Common- wealth or to remain witEJmyjfeagctoB^fiiro^iWi^on the following conditions: (o) He shall on entering «ie Commonwealth or on failing to pass the dicta- tion test, deposit with an officer the sum of one hundred pounds; (6) he shall The Immigration Situation in Australia. 179 within thirty days after depositing such sum obtain from the minister a certificate of exemption In the form of the schedule, or depart from the Commonwealth, and thereupon the deposit shall be returned; but otherwise the deposit or any part thereof may be forfeited and he shall be deemed to be a prohibited immi- grant offending against this act: Provided, That in the case of a person entering the Commonwealth from any vessel under this section no penalty shall attach to the vessel or its master owners agents or charterers. 7. Every prohibited immigrant entering or found within the Commonwealth in contravention or evasion of this act shall be guilty of an offense against this act, and shall be liable upon summary conviction to imprisonment for not more than six months, and in addition to or substitution for such imprisonment shall »be liable pursuant to any order of the minister to be deported from the Com- monwealth : Provided, That the imprisonment shall cease for the purpose of de- portation, or if the offender finds two approved sureties each in the sum of fifty pounds for his leaving the Commonwealth within one month. 8. Any person who is not a British subject either natural born or naturalized under a law of the United Kingdom or of the Commonwealth or of a State, and who is convicted of any crime of violence against the person, shall be liable, upon the expiration of any term of imprisonment imposed on him therefor, to be required to pass the dictation test, and if he fails to do so shall be deemed to be a prohibited immigrant and shall be deported from the Commonwealth pur- suant to any order of the minister. 9. The master, owners, agents, and charterers of any vessel from which any prohibited immigrant enters the Commonwealth contrary to this act shall be guilty of an offense against this act, and be jointly and severally liable on sum- mary conviction to a penalty of one hundred pounds for each prohibited immi- grant so entering the Commonwealth. 10. (1) The minister, or any collector of customs specially empowered by him, may by writing under his hand authorize any oflicer to detain any vessel from which any prohibited immigrant has, in the opinion of the officer, entered the Commonwealth contrary to this act; and the vessel may then be detained either at the place where she is found, or at any place to which the minister or collector may order her to be brought. The minister or such collector shall forthwith give notice to the owner or agent of the vessel of the detention of such vessel. (2) For the purposes of the detention and other lawful dealing with the vessel the officer so authorized shall be entitled to obtain such writ of as- sistance or other aid as is provided under any law relating to the customs with respect to the seizure of vessels or goods. (3) The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the minister or the collector be given by the master, owners, agents, or charterers of the vessel for the payment of any penalty which may be adjudged under this act to be paid for the offense or default. (4) If default is made in payment of any such penalty, the officer may seize the vessel; and the like proceedings shall thereupon be taken for forfeiting and condemning the vessel as in the case of a vessel seized for breach of any law relating to the customs, and the vessel shall be sold. (5) The proceeds of the sale shall be applied first in payment of the penalty and of all costs incurred in and about the sale and the proceedings leading thereto, and the balance shall be paid to the owners of or other persons law- fully entitled to the vessel before condemnation and sale. 12. (1) Any person who in any way willfully assists any other person to contravene or attempt to contravene any of the provisions of this act, or makes or authorizes any contract or agreement the performance of which would be a contravention of this act, shall be guilty of an offense against this act. (2) Any person who makes or authorizes such contract or agreement shall be liable to the Commonwealth for any expense incurred by the Commonwealth in respect of any immigrant prohibited by reason of the contract or agreement. 13. Any person who Is willfully instrumental in bringing or attempting to bring into the Commonwealth any prohibited immigrant within the meaning of paragraphs (&), (c), (d), or (/) of section three of this act contrary to this act shall, in addition to any other penalty, be liable to the Commonwealth for any expense in respect of the maintenance of the prohibited immigrant whilst within the Commo^f^i^cl by Microsoft® 180 The Immigration ^^ommission. ISfls. The master, owners, agents, or charterers of a vessel in which a prohib- ited immigrant, or a person who under section three or section five of this act becomes a prohibited immigrant, comes to the Commonwealth, shall, on being required in writing by any collector of customs so to do, without charge to the Commonwealth, provide a passage for the prohibited Immigrant to the place whence he came, and shall also be liable to pay to the Commonwealth for the State a fair sum to recoup the State for the cost of keeping and main- taining the prohibited immigrant while awaiting his deportation from Australia. 136. The master of a vessel on which a prohibited immigrant, or a person reasonably supposed to be a prohibited immigrant, is, may, with the necessary assistance, prevent the prohibited immigrant from entering the Commonwealth from the vessel in contravention of this act, 14. Every member of the police force of any State and every officer may with any necessary assistance prevent any prohibited immigrant, or person reasonably supposed to be a prohibited immigrant, from entering the Common- wealth, and may take all legal proceedings necessary for the enforcement of this act. 14a. Every member of the police force of any State and every officer may, without warrant, arrest any person reasonably supposed to be a prohibited immigrant offending against this act, and no person shall resist or prevent such arrest. 15. Subject to any act relating to the public service, the Governor General may appoint officers for carrying out this act, and may prescribe their duties. 16. (1) The Governor General may make regulations for carrying out this act and for empowering officers to determine whether any person is a pro- hibited immigrant. (2) All such regulations shall be notified in the Gazette, and shall thereupon have the force of law. (3) All such regulations shall be laid before both Houses of the Parliament within thirty days after the making thereof if the Parliament be then sitting, and if not then within thirty days after the next meeting of the Parliament. 17. The minister shall cause to be made annually a return which shall be laid before Parliament, showing the number of persons refused admission into the Commonwealth on the ground of being prohibited immigrants, the nations to which they belong and whence they came, and the grounds on which admission was refused ; the number of persons who passed the test prescribed by paragraph (a) of section three, the nations to which they belong and whence they came; the number of persons admitted to the Commonwealth without being asked to pass the test, the nations to which they belong, and whence they came. 18. Where no higher penalty is expressly imposed, a person guilty of any offense aganist this act, or against any regulation made thereunder, shall be liable on summary conviction to a penalty not exceeding fifty pounds, and in default of payment to imprisonment with or without hard labor for any period not exceding three months. 19. This act shall not apply to the immigration of Pacific Island laborers under the provisions of the Pacific Island laborers acts, 1880-1892, of the State of Queensland. SCHEntTLE. Commonwealth of Australia. ImrmgraUon restriction act, 1901. This is to certify that of , aged years, a [insert trade, calling, or other description] is exempted for a period of from the date hereof from the provisions of the immigration restriction act 1901. Dated at , this day of , 190—. Minister for External Affairs. [or as the case may be]. Digitized by Microsoft® Ihe Immigration Situation in Australia. 181 STATUTOBT BULBS. 1906.— No. 70. Provisional regulation under the immigration restriotion, acts, 1901-1905. I, the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulation under the immigration restriction acts, 1901-1905, should come into immediate operation, and make such regulation come into operation as a provisional regulation from this date. Dated this 8th day of August, 1906. NoBTHCOTE, Governor General. By his excellency's command : Alpbed Deakin. Regulation under the immigration restriotion acts, 1901-1905. 5a. Where any person, not being a British subject either natural born or naturalized under a law of the United Kingdom or of the Commonwealth or a State, has been convicted of any crime of violence against the person, and has, upon the expiration of any term of imprisonment imposed on him therefor, been required to pass the dictation test, and has failed to do so, an officer may detain him in such custody for such time as is, under all the circumstances, reasonably necessary to enable a deportation order to be made by the minister. Where the minister has made an order for the deportation of any such per- son, an officer may detain him in such custody and for such time as is reasonably necessary to enable him to be deported pursuant to the order, and may for that purpose convey him to any place of shipment and on board any ship. 1906.— No. 10. Provisional regulations under the immigration restriction acts, 1901-1905. I, the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that, on account of urgency, the following regulations under the immigration restriction acts, 1901-1905, should come into immediate operation, and make the Regula- tions to come into operation as Provisional Regulations forthwith after the com- mencement of the immigration restriction amendment act 1905. Dated this 23d day of January, 1906. Nobthcote, Governor General. By his excellency's command. AlFBED Deakin. Regulations under the immigration restriction acts, 1901-1905. DEFINITION. 1. In these regulations "the act" means the immigration restriction act, 1901, as amended by the immigration restriction amendment act, 1905, and by the contract immigrants act, 1905. POWERS AND DUTIES OF OFFIOEES. 2. Except as provided in section 6 of the act, an officer shall not allow a prohibited immigrant to enter the Commonwealth. 3. For the purpose of medical examination, an officer may detain for a period not exceeding 24 hours, in such place and in such custody as he thinks fit, any person whom he reasonably supposes to be a prohibited immigrant within the meaning of paragraph (c) or (d) of section 3 of the act. 4. Any officer may, at any time, enter into or upon any vessel, other than a pnbJic yessel of any goveQ^I^PS&i&>tiftftCfi0aiBfi@r cause a search to be made 182 The Immigration k^ommission. in every part of the vessel for the purpose of determining whether any pro- hibited immigrant is on board. 5. Any person who claims to be excepted from the act, as being (a) possessed of a certificate of exemption, or (6) duly accredited to the Government of the Commonwealth, by the Imperial or any other Government, or sent by any gov- ernment on any special mission, shall, when required by an officer, produce the certificate or his credentials. CEBTiriCATE EXCEPTING FBOM THE DICTATION TEST. 6. (1) Any person desiring a certificate under section 4 (6) of the act may make application therefor in the form in schedule A to the collector of customs for the State In which he resides or to an oflScer authorized in that behalf by the minister. (2) The applicant shall furnish to the collector, with his application, certifi- cates of character by at least two reputable citizens of the Commonwealth and four photographs of himself — ^two of his full face and two of his profile. (3) The certificate may be in the form of schedule B. (4) The certificate shall be in duplicate, and one part shall be delivered to the applicant and the other part shall be retained. (5) The fee for issue of the certificate shall be £2. OFFENSES. 7. Every person shall answer all questions which are put to him by an ofiicer and wliich are, in the opinion of the ofiicer, necessary for determining whether he or any other person is a prohibited immigrant. 8. Any person who refuses to answer any question lawfully put to him by an officer, or who knowingly makes a false statement, either in answer to any such question or in apiplying to an officer for any certificate under the act or these regulations, or in connection with any such certificate, shall be guilty of an offense against these regulations. 9. Any person who, with intent to contravene or evade the act or these regu- lations, or without just cause or excuse, transfers or delivers up to any other person any certificate or credentials, referred to in the act or in these regula- tions, shall be guilty of an offense against these regulations. 10. Any person who, with intent to contravene or evade the act or these regu- lations, or without just cause or excuse, has in his possession (a) a certificate of exemption which does not belong to him, or (6) any certificate or credentials referred to in the act or in these regulations, and not belonging to him or (c) any such certificate or credential which is forced or false shall be guilty of an offense against these regulations. DUTIES OF MASTERS. 11. The master of every vessel, other than a public vessel of any government, arriving at any port in the Commonwealth from parts beyond the Common- wealth, with any passengers on board for that port shall, before making entry at the customs, deliver to an officer a list of all such passengers, specifying, to the best of his knowledge, the name, the nationality and race, the place of ship- ment, and the calling and occupation of each such passenger; and he shall, if required by the officer, certify in writing that, to the best of his knowledge and belief, none of the passengers in the list (except as therein stated) is an idiot or insane person, or a person suffering from an infectious or contagious disease of a loathsome or dangerous character, or a person likely, by reason of any physical disability, to become a charge upon the public or upon any public or charitable Institution. 12. The master of every vessel, other than a public vessel of any government, arriving at a port in the Commonwealth from parts beyond the Commonwealth, shall, if required by an officer, deliver to an officer a list showing the number and names of the crew and their nationality and race, and produce the vessel's articles. 13. The master of every vessel shall afford to an officer every facility for per- forming his duties, and shall answer all questions which are put to him by the officer, and which are, in- the opinion o* the pf^e^r, necessary for determining whether any person is a' prohibited imuiigraut. ^nd no person shall obstruct or hinder an officer in the carrying out of the act or of these regulations. The Immigration Situation in Australia. 183 14 The approved sureties mentioned in section 7 of the act shall be such sureties as are approved by the minister or by a State collector of customs. The sureties shall enter into a bond, conditioned to become void if the immi- grant leaves the Commonwealth within one month. REPEAL. 15. All regulations made under the immigration restriction act 1901 before the making of these regulations are hereby repealed, save as to anything law- fully done or any right, privilege, obligation, liability, or penalty acquired, accrued, or incurred thereunder. Note.— A person guilty of any oftense against these regulations is, under section 18 of the act, liable upon summary conviction to a penalty not exceed- ing £50, and in default of payment imprisonment with or without hard labor for any period not exceeding three months. SCHEDTOE A. Commonwealth of Australia. Immigration restriction acts, 1901-1905. Sie: I beg to apply for a certificate under the immigration restriction acts, 1901-1905, section 4 (&), and regulations, and I forward herewith a statutory declaration in support of my application : I wish to visit for months. I attach certificates of my character, and four photographs of myself (two full face and two profile). If my application is granted, please intimate the fact to me at the above address. I have the honor to be, sir, your obedient servant. The Collector, H. M. Custosiis, (Note. — The statutory declaration should set out the length of residence in Australia, and should verify all documents acconapanying the application, and should be in the form required by the law of the State in which it is made. ) SCHEDTJLE B. Commonwealth of Australia. Immigration restriction acts, 1901-1905. Certificate excepting a person from being required to pass the dictation test. I, _, , the collector of customs for the State of In the said Common- wealth, hereby certify that hereinafter described, who is leaving the Commonwealth temporarily, will be excepted from the provisions of paragraph (a) of section 3 of the act if he returns to the Commonwealth within a period of from this date. Date . Collector of Customs. Description: Nationality ; birthplace ; age ; complexion ; height ; hair ; build ; eyes ; particular marks (For impression of hand see back of this document.) Photographs ; full face ; profile Date of departure ; destination ; ship ,„ Date of return ; shig.^^_g.^ BfkicfOSOft® Customs Officer. 79520°— VOL 40—11 13 Digitized by Microsoft® THE IMMIGRATION SITUATION IN NEW ZEALAND. 185 Digitized by Microsoft® Digitized by Microsoft® THE IMMIGRATION SITUATION IN NEW ZEALAND. The immigration situation in the British Dominion of New Zealand is similar to that in the Commonwealth of Australia, the problem of the colony being the encouragement of British immigration and the exclusion of the Chinese. The area of New Zealand, including the Cook and other outlying islands, is estimated at 104,751 square miles, or a little more than the area of the State of Colorado. New Zealand was established as a colony in 1840 and in 1907 it was proclaimed as a dominion. In earlier years the population growth was slow, and in 1861 there were less than 100,000, exclusive of aborigines, in the islands. Subsequent to the latter year there was a rapid increase in this class of the population, as will be seen from the following figures: 1861 99, 021 1871 256,393 1881 ■ J 489,933 1891 626, 658 1901 772, 719 1906 888,578 CHARACTER OF THE POPTTLATION. The population, exclusive of aborigines, by nativity, in 1906, was as follows : Table 1. — Population of New Zealand, exclusive of alotigines, hy Mrthplace, April 29, 1906. [From the New Zealand Official Year Book, 1907, p. 146.] Birthplace. Number. Per cent. Australasia United Kingdom other British possessions . other foreign countries At sea Not specified Total 663, 783 208,931 4,280 19, 867 1,245 472 73.61 23. S3 .48 2.24 .14 .01 888,578 It will be noted from the above table that 97.62 per cent of the population of New Zealand was born in Australasia, the United Kingdom, or other British possessions. As the native-born people of Australasia are for the most part of British descent, it appears the population of the colony is essentially British. The Maoris, or original inhabitants of New Zealand, numbered only 47,731 in 1906, and the Chinese only 2,570 in the same year. Consequently New Zealand is essentially a/^/ARdffiiKebjnMiferaEsaMei&y." 187 188 The Immigration Commission. SOURCES AND EXTENT OF IMMIGRATION. As in the case of other parts of Australasia, immigration has been largely responsible for the growth of population in New Zealand, the " net immigration " or excess of immigration over emigration, by decades, from 1851 to 1900 being as follows : 1851-1860 44, 742 1861-1870 118, 637 1871-1880 132, 976 1881-1890 9, 453 1901-1910 27, 211 Immigration to New Zealand in recent years has been largely a movement of population from Australia, although a considerable number from the United Kingdom have been admitted annually. This movement is shown by the following table : Tablk 2. — Invmigration to New Zealand, 1901 to 1908, inclvswe, iy country of last permanent residence. [Compiled from Official Year Books of New Zealand.] Total immigra- tion. Number from— Per cent from— Year. Aus- tralia. United King- dom. Another coun- tries. Aus- tralia. United King- dom. AU other coun- tries. 1901 26,086 30,293 30,883 32,632 32,685 39,233 36, 108 44,970 19,923 22,526 25,888 26,110 25,132 28,699 26,916 31,769 2,563 3,474 3,547 4,654 5,563 8,293 7,449 11,348 2,600 4,293 3,200 1,868 2,000 2,241 1,743 1,853 79.4 74.4 83.8 80.0 76.9 73.2 74.5 70.6 10.2 11.5 11.5 14.3 17.0 21.1 20.6 25.2 10.4 1902 14.2 1903 10.4 1904 5.7 1905 6.1 1906 5.7 1907 4.8 1908 4.1 Total (1901-1908) 271,890 206,963 46,881 18,046 76.1 17.2 0.6 It will be noted that more than three-fourths of the immigration to New Zealand from 1901 to 1908, inclusive, was from Australia, 17.2 per cent was from the United Kingdom, and only 6.6 per cent from all other countries. However, although the great preponderance of immigration to New Zealand is from Australia, the following table, which shows the birthplace of recent immigrants, suggests that many of them origi- nally came from the United Kingdom. Table 3.- -Immigration to Wew Zealand, by Mrthplace of the immigrants, 1901 to 1906. Birthplace. Number. Per cent. 94,679 166,045 1,002 11,264 /S4.8 TTnitRfl TringfinTTi.. 1 60.7 Other Britiati countries \^ 4.1 Total 271,890 100 -■DigmeCfbymwrasoft® The Immigration Situation in New Zealand. 189 SEX AND AGE OF IMMIGRANTS. During the period of 1901-1908 the immigration movement to New Zealand was composed of 180,470 males and 91,420 females, indi- cating that the movement was largely one of individuals rather than families. The fact that the movement to New Zealand is not largely one of families is further shown by the small proportion of children among the immigrants, as will be noted from the following table : Table 4. — Immigration to New Zealand, by age, 1901 to 1908. [Compiled from OflScial Year Books of New Zealand.] Age. Number. Per cent. Under 12 vears . . 28,981 242,909 10 7 12 years or over 89 3 Total 271,890 * ORIENTAL IMMIGRATION. In common with Australia, New Zealand has experienced an ori- ental immigration problem, and in 1907 the Dominion Parliament passed an act which required " that any Chinese proposing to land in the Dominion shall be able to read a printed passage of not less than 100 words in the English language." This provision was incorpo- rated in the immigration restriction act of 1908.» ASSISTED IMMIGRATION. The policy of assisted immigration was discontinued by the Gov- ernment of New Zealand in 1890, and since that time there has been |Tn free \ mm\frra\inTn_ However, the Government still continued to arrange with the shipping companies for reduced fares for desirable settlers.'' The following statement shows the extent to which immi- gration was assisted prior to 1891. Table 5. — The numher of immigrants introduced into New Zealand wholly or partly at the expense of the State. [Compiled from the Seven Colonies of Australasia, 1901-2, p. 535.]- Period. Number. Prior to 1S81 c 100, 920 1881 1891 14,658 Total 115,678 "The Official Year Book of New Zealand, 1909. " New Zealand Official Year Book, 1907, p. 125. " Exclusive of a number prior to 1870 of which no record can be found. Digitized by Microsoft® 190 The Immigration t^ommission. THE NEW ZEALAND IMMIGRATION LAW. In 1899 New Zealand enacted a law designed to exclude undesirable immigrants. This act provides that it shall be unlawful for any per- sons included within the meaning of " prohibited immigrant " to land in the territory of New Zealand. PROHIBITED IMMIGBANTS. A " prohibited immigrant " is defined to be any idiot or insane person ; any person afflicted with a dangerous or loathsome contagious disease; any person arriving in New Zealand within two years after the termination of any imprisonment for an offense, not of a political nature, punishable in New Zealand by death or imprisonment for two or more years, and to whom no pardon was granted; or any person unwilling or unable and failing to write and sign in any European language an application for admission in the prescribed form, pro- vided he shall have the right of final appeal to a magistrate. Exceptions. Any person not diseased, criminal, insane, or an idiot, appearing to be a " prohibited immigrant," may lawfully land on condition that he deposit in advance, with an agent of the government, the sum of £100 sterling, and obtain, within fourteen days, an official certificate of exemption from the prohibition of the law. Upon specific com- pliance with these regulations the deposit will be refunded, but in the absence of such compliance the deposit will be forfeited to the State as payment of the fine for landing as a prohibited immigrant. Penalty. Every " prohibited immigrant " unlawfully landing in New Zea- land is liable to a penalty of £100, removal from the State, and de- tention in prison or custody, not less than six months, pending re- moval from the country. Upon payment of £100 or upon securing two sureties of £50 each that, he will leave the State within one month, he will be released from detention. LiahiUty, If " prohibited immigrants " are transhipped from one vessel to another for the purpose of bringing them to New Zealand, both vessels will be liable to the prescribed penalty, and all vessels may be detained in port until the penalties imposed are paid. Rights after conviction. Upon conviction of any prohibited immigrant, and after a fine has been imposed, the court may order the time of payment extended to a period of three months, with sufficient security. Digitized by Microsoft® The Immigration Situation in New Zealand. 191 Removal. For the removal of such immigrant a contract may be made for passage to the nearest port to his own country or to his original home; and, if destitute, sufficient money shall be supplied him for maintenance during thirty days after the end of his voyage. THIBD PERSONS. Every person is liable to a penalty of not over £100 who wilfully assists in any evasion or contravention of the law. And in addition to other penalties any person wilfully assisting an idiot or insane per- son to enter New Zealand shall be liable for the cost of maintenance of such person while in the State. Digitized by Microsoft® Digitized by Microsoft® THE IMMIGRATION SITUATION IN ARGENTINA. 193 Digitized by Microsoft® Digitized by Microsoft® THE IMMIGEATION SITUATION IN ARGENTINA. The Argentine Republic has an area of 1,135,840 English square miles, or about 726,940,000 acres. According to the last census, in 1895, the population was a little less than 4,000,000. It was estimated to have increased to 6,000,000 in 1907, giving an average population on that basis of a little more than five persons to the square mile. The arable land area is estimated to be 300,000,000 acres, of which 10,- 000,000 require irrigation. The total acreage under cultivation in 1907 was 36,000,000 acres, or about one-eighth of the cultivable area. IMMIGRATION POLICY. Argentina is rich in natural resources. In addition to its vast grain-producing possibilities, much of it is finely adapted to grazing, while its immense timber and mineral resources as yet have hardly been touched. The development of this vast, rich, sparsely settled country is waiting largely upon an adequate supply of settlers and laborers, and to this end the Government uses every means to foster foreign immigration, particularly that of farmers ^nd farm laborers. The encouragement of immigration is authorized in the constitu- tion of the Republic, which also guarantees to aliens the same civil rights enjoyed by citizens. The articles of the constitution relating to these matters are in part as follows : Abt. 20. Aliens shall enjoy In the territory of the nation the same civil rights as its citizens. They have full liberty to engage in all kinds of business, industrial, commercial, or professional, and are authorized to own, hold, and possess real estate, acquire it by purchase, inheritance, or any other legal means, and to sell or convey it to others. They are also allowed to navigate the rivers of the Republic, and along the coasts of the same, and to practice freely their own religion. They can dispose by will of the property of which they are possessed, provided that the disposition which they make is not in contraven- tion of the law of the country; and contract valid marriages, subject to the same proviso. They are entitled to obtain naturalization in the Republic if they so desire, upon application for that purpose and sufficient proof that they have resided continuously within the limits of the country for the period of two years; but this period may be shortened at the discretion of the proper authorities, at the request of the applicant, and upon proof that he rendered some service to the Republic. Art. 25. The Federal Government shall promote and encourage European immigration. It shall have no power to restrict, to limit, or to burden with taxes or charges of any kind, the afflux to the territory of the Republic of any foreigners coming to it to cultivate its soil, to improve its industries, or to introduce and teach the sciences and arts. Naturalized citizens are exempted from military service during the 10 years subsequent to their admission to citizenship. But this privilege may be waived by them if they wish, and in that case they may be allowed to render this service. Digitized by Microsoft® 1^5 196 The Immigration Commission. NATIONAUTY OF IMMIGRANTS TO ARGENTINA. The transoceanic immigration movement to the Argentine Re- public from 1863 to 1908, inclusive, and the immigration by way of Montevideo for the same period are shown by the following table: Table 1. — Immigration to Argentine Republic, 1863 to 1908, inclusive, by no- Honality." [Compiled from the Statistical Year Book of Argentina, 1906. Data for 1907-8 furnished by the Bureau of American Republics.] Year. Oversea immigration. a 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 Total 87 67 89 94 71 92 121 67 60 62 187 156 93 136 57 901 1,760 879 490 672 1,056 1,329 1,982 1,015 2,498 2,333 4,226 1,918 263 552 685 440 549 963 1,768 593 950 2,024 2,742 2,135 1,378 2,237 5,346 4,277 3,439 2,551 43 27 22 39 145 48 38 74 83 75 78 57 140 183 385 175 973 479 839 3,201 8,666 762 241 146 233 24S 211 318 207 149 139 117 117 148 174 206 263 230 209 239 164 219 213 418 526 744 892 453 694 968 1,612 1,036 1,288 834 808 789 • 783 588 1,149 826 891 1,021 1,104 1, 1, 1.426 5; 967 1,108 272 224 273 385 329 429 662 632 477 421 784 709 660 734 1, 1,690 1,659 1,879 397 426 613 609 991 1,223 1,465 2,396 1, — 4,602 7,431 5,654 2, 2,064 1,996 2,025 2,149 2,176 3,612 3,382 4,286 6,031 4,762 4,662 7, 17,105 27, 173 17, 104 2,916 2,116 2,612 2,107 2,448 3,486 2,836 2,449 2,473 3,160 8, 19.S 6,571 2,491 2,902 3,475 3,698 4,125 3,823 S3 97 117 122 185 215 202 148 155 269 793 392 354 231 303 397 490 445 691 1,128 1, 1,261 1,546 1,131 1,333 1,536 2,599 1,271 832 785 748 971 1,067 1,039 987 779 732 760 836 1,029 1,000 1,151 1,,— 2,178 2,322 7,836 8,422 7, 697 9,212 7,221 18,937 21,419 23,101 8,170 14, 769 26,878 23,904 9,130 6,950 7,556 13,514 22,774 18,616 20,506 29,587 37,043 31,983 63,601 43,328 67, 139 75,029 88,647 39, 122 16,511 27,860 37, 977 37, 699 41,203 76,204 44,678 39,136 63,295 52,143 54,886 30,484 42,358 67,598 88,950 127,348 90,282 93,479 1,092 l;l 1,! 2,074 3,186 3,834 3,744 3,388 2,554 4,411 9,185 8,272 4,1 3,463 2,700 3,371 3,422 3,112 3,444 3,520 5,023 6,832 4,314 9,896 16,618 25,486 71,151 13,660 4,290 5,650 7,100 8,122 11,288 18,051 18, 316 18, 716 19,798 20,383 14, 778 12,218 21,917 39,851 53,029 79,517 82,606 125,497 109 124 138 164 187 210 435 622 1,628 679 376 373 340 523 717 581 635 943 1,291 1,359 1,094 1,284 1,420 1,479 1,671 959 362 364 646 516 465 679 390 261 343 355 363 267 272 339 676 603 486 666 689 668 963 935 814 678 686 819 558 466 523 533 684 407 832 2,029 544 290 864 800 1,109 632 1,352 2,179 1,977 2,677 8,745 2,011 3,590 2,287 \,r- 4,232 3,666 2,604 3,236 4,416 6,235 5,488 7,428 4,431 5,077 10,549 22,274 33,095 23,975 25,108 10,408 11,682 11,767 13,696 13,225 26,919 28,958 30,898 14,626 26,208 48,382 40,674 18,532 14,532 14,675 23,624 32,717 26,643 31,431 41,041 62,472 49,623 80,618 65,666 98,898 130,271 218,744 77,815 28,266 39,973 62,067 64,720 61,226 102,673 72,978 67,130 84,442 84,861 90,127 67,992 76,227 125,667 177,117 252,636 209, 103 256,710 3,821 3,315 8,976 9,069 6,307 10,829 27,950 27,603 23,534 16,433 21,650 19,334 22,438 15,008 16,063 10,462 10, 7n 28,182 28,104 27,461 21,944 26,361 42,165 32,779 23,831 33,321 32,363 25,951 19,762 32,632 32,165 28,060 26,641 21,061 35,824 38,088 37,444 35,511 44,605 49,713 48,821 47,402 10,408 11,682 11,767 13,696 17,046 29,234 37,934 39,967 20,933 37,037 76,332 68,277 42,066 42,958 56,166 41,651 47,484 51,603 63,243 77,805 108,722 93,116 120,842 166,632 260,909 110,694 ■62,-097 73.294 84,420 80,671 80,988 135,206 106,143 96,190 111,083 106,902 125,951 96,086 112,671 161,078 221,622 302,249 257,924 303,112 65, 379 20, 493 42, 628 196, 768 40, 303 1, 771, 971 785, 402 27, 868 204, 637 3, 146, 439 1,072,524 4,217,963 u The exact meaning ol the word "nationality" is not stated in the reports. It appears to mean either the country to which the immigrant owes Ejlegiance or the race or people from which the Immigrant is descended. The statement is made that "nationality" does not mean "country of embarlratian." Digitized by Microsoft® The Immigration Situation in Argentina. 197 The per cent each nationality forms of the total " oversea " immi- gration is as follows : Table 2. — Oversea immigration to Argentine Republic, 1863 to 1908, inclusive, hy nationality; per cent distribution. [Compiled from the Statistical Year Book of Argentina for 1906. Data for 1907-8 were furnished by the Bureau of the American Republics.] Nationality. Number. Per cent distri- bution. Nationality. Number. Per cent distri- bution. AnstrlaTip 55,379 20,493 42,628 196,758 40,303 1,771,971 1.8 .7 1.4 6.3 1.3 56.3 .■^paninTrts 785,402 27,868 204,637 25.0 BPlginTii^ Swiss .0 6.6 Total Germans ... 3,145,439 100.0 The following table shows in greater detail the nationality of immigrants to Argentina in the years 1901-1908, inclusive: Table 3.- -Immigration to the Argentine Republic, 1901 to 1908, inclusive, by years and nationality. [Compiled from the reports of the minister of agriculture, division of immigration Data for 1907-8 furnished by the Bureau of American Republics.] 1901-6. Year. 1901 1902 1903 1904 1905 1906 1907 1908 8 653 6 875 4 1,378 174 9« 2 900 2 920 6 1,016 1 609 1,075 1,174 Austrians 2,742 117 3 114 164 2,135 148 27 12 111 2,237 206 2,793 263 76 10 443 429 93 1 4 385 149 1,368 4,277 230 47 6 606 61 108 21 22 332 147 1,690 3,439 209 2,561 PpIgiaTi.*! 239 1 17 319 28 482 442 94 17 ■RrsMiilidTis 198 626 150 53 39 45 3 11 139 72 660 52 2 7 172 139 734 79 5 Cubans 20 378 178 1,659 34 175 35 ,439 187 37 405 1 463 214 English 1,879 148 3,098 2,178 945 1,843 127,348 26 2 4,126 2,322 500 1,220 90,282 16 6 . 2,788 836 58 2,378 1,029 91 2,491 1,000 73 2,902 1,161 137 3,476 1,836 195 2,663 88,950 6 3,823 2,469 Greeks 232 934 Italiaiis 58,314 32,314 10 6 17 27 83 132 42,368 18 3 7 23 132 93 67,598 2 93,479 28 TTflffirs 13 33 134 134 9 Montenegrins Moors 17 97 161 601 138 226 1,081 182 286 64 19 9 886 313 17,424 92 79,617 64 503 7,177 450 180 393 66 6 23 1,118 223 9,530 66 82,606 29 486 300 170 North Americans 341 66 9 2 156 471 2,086 4 18,066 18 363 2,169 6 21 141 283 1,763 4 13,911 21 267 1,671 62 18 202 26 1,429 80 21,917 24 272 1,450 6 19 518 128 4,393 23 39,861 38 339 3,226 12 13 674 662 10,078 29 53,029 47 676 7,085 30 32 Portuguese... 2,083 2.58 Russians 8,560 21 Spaniards , Swedes... 125,497 62 Swiss 666 9,111 SSr~ 7,436 86 81 64 65 76,227 134 96 107 15 96 Venezuelans 15 Total 90,137 — uigiii b7,m iviicrost 126,667 jTT'& 177,117 252,636 209,103 256,710 198 The Immigration Commission. AGE AND SEX OF IMMIGRANTS. The following table shows the age and sex of immigrants to the Argentine Republic from 1900 to 1908, inclusive, and also the number of each sex and age group who came singly or with families : Table 4. — Number of oversea imnmgrants to the Argentine Republic, by age and sex, with or without their families, 1903 to 1908, inclusive. [Compiled from the Year Book of the City of Buenos Aires, 1903-1908.] WITH FAMILIES. Male. 1904 1906 1907 Under 1 year. 1 to 7 years... 8 to 12 years.. 13 to 20 years. 21 to 30 years. 31 to 40 years. 41 to 60 years. Over 60 years Total.. Under 1 year. 1 to 7 years. . . 8 to 12 years.. 13 to 20 years. 21 to 30 years. 31 to 40 years. 41 to 60 years. Over 60 years Total.. Under 1 year. . 1 to 7 years 8 to 12 years... 13 to 20 years.. 21 to 30 years.. 31 to 40 years.. 41 to 60 years.. Over 60 years. Total. 3,731 2,329 2,186 2,923 2,4S4 2,768 473 3,162 1,599 1,695 3,798 2,326 1,886 267 16, 205 3,881 6,721 4,779 4,664 616 32,438 1,026 6,159 4,281 3,475 5,198 4,080 4,316 443 1,599 8,631 6,104 4,918 7,489 5,729 5,952 643 2,121 13,100 9,027 7,178 9,556 7,626 8,319 1,643 10,052 7,271 5,258 6,684 5,378 6,775 751 28, 978 41,065 57,820 42,812 Female. 866 5,316 2,698 2,901 6,345 3,909 3,000 1,337 7,402 3,667 3,668 8,754 5,181 3,876 559 34,444 1,747 10,747 5,381 5,995 12, 271 7,285 5,443 766 49,635 1,347 8,444 4,336 6,015 9,867 5,523 3,991 672 39,195 Total. 1,892 11,475 6,979 6,376 Al,543 7,989 7,316 812 54,382 2,936 16,033 9,771 8,586 16,243 10, 910 9,828 1,202 75,509 3,868 23, 847 14,408 13,173 21,827 14, 911 13,762 1,659 107,455 2,990 18,496 11,607 10,273 16,551 10,901 9,766 1,423 82,007 WITHOUT FAMILIES. Age. Male. 1903 1904 1905 1906 1907 13 to 20 years 21 to 30 years 31 to 40 years 41 to 60 years Over 60 yeans T"*^' m 6,191 16,897 7,979 6,312 221 10,840 27,634 13, 137 9,255 16, 101 40,609 19,671 12,744 373 26,271 56,485 26, 567 18,817 654 25,613 47, 371 20, 748 14,837 537 128,694 109, 106 The Immigration Situation in Argentina. 199 Table 4. — Number of oversea irmnigrcmts to the Argentine BepuhUc, hy age and sew, with or vnthout their families, 1903 to 1908, inclusive — Continued. WITHOUT TAMILIES— Continued. Age. 13 to 20 years. 21 to 30 years. 31 to 40 years. 41 to 60 years. Over 60 years Total... 13 to 20 years. 21 to 30 years. 31 to 40 years. 41 to 60 years. Over 60 years Total... 1903 1904 1905 1906 1,071 3,054 1,010 970 84 6,189 7,262 18,951 8,989 7,282 306 42,789 Female. 1,881 6,122 1,588 1,341 151 10,083 2,236 6,211 1,850 1,643 161 12, 110 3,339 8,306 2,395 2,139 16,387 1907 3,999 9,195 2,423 2,135 238 17,990 Total. 12, 721 32,656 14,725 10,596 487 71,185 18, 337 46,820 21,530 14, 387 534 101,608 29, 610 64, 791 28,962 20,956 762 146,081 29,612 66,566 23,171 16,972 775 127,096 5,876 11,671 3,389 2,655 212 37,160 70,280 30,613 20,437 812 169,302 OCCUPATIONS OF IMMIGRANTS. The table which follows shows the occupations of immigrants to Argentina from 1901 to 1908, inclusive : Table 5. — Oversea imnUgration to Argentina, 1901 to 1908, inclusive, l>y occupation. [Compiled lirom reports of the minister of agriculture, Argentina; the Boletino Nacional de Trabajo, and data furnished by the Bureau of American Republics.] Occupations. Year. 1901 1902 1903 1904 1905 1906 1907 1908 Agriculturists 33,992 48 386 242 535 128 948 96 1,422 21 108 1,403 22 36 12,021 3,727 144 4 22 88 40 72 1,536 43 6 910 323 4,685 77 17,883 30 202 118 228 68 502 86 1,044 6 63 1,269 16 18 9,870 2,938 85 4 19 42 20 44 1,083 53 6 389 215 26,004 36 273 126 252 73 592 84 1,073 2 64 1,497 31 U 14,679 3,739 106 6 30 65 22 48 1,386 53 4 376 247 edmgl 44,461 62 359 192 471 137 1,024 109 1,662 7 79 2,386 20 34 23,457 5,730 138 4 38 67 49 59 2,406 64 10 773 383 63,885 50 467 274 752 206 1,488 195 3,087 11 108 3,201 64 46 33,841 7,397 202 14 85 120 70 86 2,880 211 15 1,092 536 89,732 86 881 558 1,439 337 3,184 214 4,084 21 247 4,583 97 93 44,761 10,276 230 44 131 139 102 163 5,269 385 23 2,588 1,080 9,534 251 60,213 78 738 482 1,060 228 2,438 254 4,384 25 177 6,120 140 52 44,840 7,375 142 11 146 123 74 156 5,059 188 28 2,537 1,.174 8,868 167 76,898 97 Bakers 931 Barbers 591 BlacJtsmiths 1,154 321 Carpenters... 2,941 Cattle breeders Clerks 344 4,801 44 Confectioners Cooks 219 9,440 Coopers.. 101 Coppersmiths Day laborers 125 56,398 6,166 Electricians.. 232 Engravers 6 191 Gardeners . 145 Hatters 94 Joiners 166 Laundry workers Machlnfeta. . 4,924 198 Marble cutters Masons... 35 2,976 Mechanics 1,582 Merchants.. 9,993 Millers 225 79520°— VOL 40—11- -14 200 The Immigration Commission. Table 5. — Oversea immigration to Argentina, 1901 to 1908, inclusive, by occupa- tion — Continued. Occupations. Year. 1901. 1902. 1903. 1904. 1905. 1906. 1907. 1908. Milliners 725 73 66 158 16 1,179 4,932 1,056 91 59 697 53 83 5 82 890 30 14,644 842 1,361 653 55 42 85 4 819 3,658 379 33 21 315 30 42 3 31 352 2 9,984 524 1,151 659 76 79 99 3 888 4,334 468 56 49 395 39 35 3 48 471 3 11,797 585 1,432 1,099 98 86 137 7 1,275 6,631 803 98 51 734 51 80 6 59 951 12. 20,348 931 2,342 1,869 212 101 190 3 1,363 7,631 1,459 108 72 1,213 91 93 12 101 1,787 20 28,740 1,061 2,693 2,909 615 157 387 10 2,335 9,346 2,479 276 99 2,280 181 163 8 156 3,389 10 42,113 1,325 3,868 3,356 357 141 376 8 2,146 8,070 1,721 348 69 1,651 133 131 7 96 3,629 13 33,093 2,620 3,961 3,520 Miners 400 151 Painters 424 Plasterers . 17 2,335 11,283 Servants 1,906 424 Stonecutters 65 1,799 146 Tinsmiths Typographers Vetermarlans Watchmakers 149 10 115 4,482 23 39,983 Wine makers Without occupation (chll-iren) Without occupation 4,138 Other occupations 5,013 Total 90,127 57,992 75,227 125,567 177,117 252,636 209,103 255,709 EMIGRATION FROM AEGENTINS^. As in the case of the United States and other large immigrant- receiving nations, a considerable part of the immigration movement to Argentina is temporary. This fact is illustrated by the following table, which shows immigration to and emigration from the Kepublic from 1871 to 1908, inclusive : Table 6. — IrmrDigration to and emigration from the Argentine Republic, 1811 to 1908, inclusive. [Figures compiled from reports of Year Book of City of Buenos Aires.] Year. 1871. 1872. 1873. 1874. 1876. 1876. 1877, 1878, 1879, 1880, 1881, 1882, 1883, 1884, 1885, 1886, 1887, 1888, 1889, 1890, Immigra- tion from oversea ports and Monte- video. 20,933 37,037 76,332 68,277 42,060 30,965 36,325 42,968 56, 155 41,651 47,484 61,603 63,243 77,806 108,722 93,116 120,842 165,632 280,909 110,594 Emigration for oversea ports and Monte- video. 10,686 9,163 18,236 21,340 25,678 13,487 18,360 14,860 23,696 20,377 22,374 8,720 9,610 14,444 14,586 13,907 13,630 16,842 \64a Difference in favor of immigra- tion. 10,247 27,884 68,096 46,937 16,488 17,478 17,975 28,098 31,459 21,274 25,110 42,783 63,733 63,361 94,137 79,209 107,212 138,790 220.260 1891 1892 1893 1894 1896 1896 1897 1898 1899 1900 1901 1902 1903 1904 1906 1906 1907 1908 ^^fze^^l 1icros&M> Year. Immigra- tion from oversea ports and Monte- video. 62,097 73,294 84,420 80,671 80,988 135,205 105,143 95,190 111,083 106,902 126,961 96,080 112,671 161,078 221,622 302,249 257,924 303,112 4,046,229 Emigration for oversea ports and Monte- video. 81,932 43,853 48,794 41,399 36,820 45,921 57,457 63,636 62,211 55,417 80,251 79,427 74,776 66,697 82,772 103,862 138,063 127,032 1,690,783 Difference in favor of immigrfr" tlon. ■129,835 29,441 35,626 39,272 44,168 89,284 47,686 41,664 48,842 60,485 45,700 16,653 37,895 94,481 138,850 198,397 119,861 176,080 2,365,446 a Excess of emigration over immigration. The Immigration Situation in Argentina. 201 Complete data relative to the nationality of persons emigrating from Argentina are not available, but official Italian statistics show that the return movement from the Plata to Italy from 1887 to 1903, inclusive, was as follows: The Plata includes Uruguay, Paraguay, and Argentina, but the two former countries contribute so small a proportion of the total that the figures do not greatly exaggerate the number returning from Argentina: Table 7. — Tfuniher of Italians who returned to Italy from the Plata, 1887 to 1903, inclusive. Year. Number. Year. Number. 1887 14,519 19,998 25,125 41,476 47,957 31,438 19,816 22,209 19,319 1896 19,997 20,540 28,110 28,033 1888 1897 1889 1898 1890 1899.. . 1891 1900. 29,419 29,204 23,813 26,813 1892 1901 1893 1902 1894 1903 1895 THE AKGENTINE IMMIGRATION LAW. The immigration and colonization law of the Argentine Repub- lic which was enacted in 1876 provides for the encouragement of immigration through agents in Europe and America, and makes liberal provision for the reception, care, and maintenance of immi- grants. It provides for a central bureau of immigration and com- missions of immigration at the capital of each Province, at certain ports of arrival, and, if necessary, at any other place. The law also provides for the establishment of employment bureaus, which, under the direction of the bureau of immigration or the local commissions, shall assist immigrants to find work and act as their advisors in other matters. Some of the principal sections of the law relating directly to im- migrants and the methods of handling and assisting them are pre- sented herewith. Chapter 5, on immigrants, is as follows: Sec. 12. Foreigners of both sexes, of good moral character and under the age of sixty years, whether day laborers, or capable of exercising a trade, or of working in an industrial establishment, farmers, or teachers, who come to the Republic for the purpose of settling on its soil, and have arrived either on board a sailing vessel or a steamer as a second or third class passenger, or have had their passage paid by the nation, by some one of the provinces, or by some private colonization board or association, shall be, for all the purposes of the present law, deemed to be immigrants. Sec. 13. Those, however, who may be unwilling, for reasons of their own, to be considered as such immigrants, even if they shall have all the qualifications required by the preceding section, shall be permitted to set forth their wishes, .either before starting in their voyage, by representing to the captain or master of the vessel, who shall be bound to make a record of it in his books, that they waive all their rights and privileges as immigrants, or after their arrival in the Argentine Republic by making a declaration to the same effect before the proper authorities. In bpth cases, said, passengers, shall be deemed to be ordi- nary travelers. "bhi^imT^^fiism' 202 The Immigration Commission. This provision, nevertheless, shall not be applicable to those persons coming to the Republic, under proper contracts, to settle on its territory, vyhether In any colony or elsevchere. Sec. 14. Every immigrant who gives sufficient evidence of his good moral character and shovs^s his aptitude to engage in any industrial business, or In any trade or useful occupation, shaU be entitled, upon his arrival in the country, to the following: First. To be lodged and supported at the expense of the nation for the time set forth in sections 45, 46, and 47 of the present law (five days, to be counted from the date of landing, if the immigrant is in good health, and in case of illness which prevents his removal at the expiration of five days, as many days as the illness may last. But immigrants under contract shall have board and lodging gratuitously until sent to their destination). Second. To be given occupation in any such branch of labor or industry exist- ing in the country as he may wish to engage in. Third. To be carried at the expense of the nation, to any place of the Repub- lic in which he may wish to establish his domicile. Fourth. To be allowed to Introduce, free from duty, his wearing apparel, household furniture, agricultural implements, tools, instruments of his par- ticular trade or art, and a fowling piece for each adult immigrant up to the amount fixed by the executive. Sec. 15. The foregoing provisions shall be applicable, as far as possible, to the wives and children of the immigrants. Sec. 16. The good moral conduct and industrial ability of the immigrant may be proved by certificates issued either by the Argentine consul or Immigration agent at the place from which the Immigrant comes, or by the local authorities of the same place. In the latter case the certificates must be authenticated either by the consul or the immigration agent. Sec. 17. All immigrants, farmers, who come under contracts to settle on any of the colonies established in the Republic, and engage therein in agricultural pursuits, or who in the absence of such contracts are willing to go to the said colonies for the same purposes, shall be given the same special privileges and advantages in regard to the payment of passages, concessions of land, facilities for the cultivation of the lands, etc., as are granted under Chapter III, part second, of the present law. Chapter 6 contains provisions calculated to insure the safety and comfort of the immigrants and to prevent abuses on the part of mas- ters or captains of the ships. Chapter 7 provides for national supervision of the landing of immigrants. Chapter 8 is concerned with the lodging and board of immigrants, and provides as follows : Sec. 45. The immigrants shall be entitled to proper decent boarding and lodg- ing at the expense of the nation during the five days immediately following their landing. Sec. 46. In case of grave disease, which rendered it impossible for the immi- grant, at the expiration of the said five days, to move from that place, he shall be allowed to remain there, and the Government shall continue to attend to his lodging and support until he recovers. Sec. 47. The foregoing provisions shall not be applicable to such immigrants as come to the country under contracts made and entered into between them and the nation to settle in the colonies, said immigrants being entitled to gra- tuitous boarding and lodging until they are sent to their places of destination. Chapter 9 deals with securing occupation for immigrants and their transportation to the localities where they are to settle. Sec. 51. Whenever an immigrant expresses his wish to reside in any province or colony of the Republic he shall immediately be transported free, together with his family and baggage, to the locality selected by him. Sec. 52. If he has chosen to reside in any of the provinces, he shall be sup- ported by the respective c^^^^j^^ppB^i^Jf^fg^^f^^ until reaching the place of destination during 10 asLyiV'"AF'aMyeWt«tSfii'%f this time each person over The Immigration Situation in Argentina. 203 8 years shall pay half a dollar a day and each child under that age 25 cents, but in cases of grave sickness the State shall continue to pay as long as it lasts. Sec. 53. If the immigi'ant has chosen to go to a colony, he shall be granted all the advantages to which colonists are entitled under the present law. _ Chapter 10 provides for the creation of an " immigrant fund " con- sisting, first, of all moneys appropriated by Congress to encourage immigration; second, of all moneys collected through the office of lands and colonies; third, of all fines imposed for violations of the immigration law ; fourth, of all moneys the immigrants themselves may pay under the provisions of this law. LAW REGULATING COLONIZATION. The second section of the law, containing seven chapters, is devoted to the subject of colonization. Chapter 3 provides that in the establishment of colonies the first 100 colonists who are farmers and the heads of families shall be given gratuitously 100 hectares of land, or about 247 acres. The remaining rural lots shall be sold at the rate of $2 a hectare, to be paid in 10 installments, the first not payable until the end of the ^ second year. The sales may be limited to the fourth of one lot, and can never exceed four lots to one purchaser. The office of lands and colonies shall advance the money necessary for the payment of the passage of the colonists from the place of embarkation to destination, also for their lodging, support, the ani- mals which they may require for breeding or working purposes, as well as seeds and implements, all of this for one year at least. But the sums so advanced shall never exceed $1,000 per colonist, and shall be repaid to the Government in five installments, the first of which shall not be due until after the expiration of the third year. The law further provides that lands may be reserved for private colonization companies ; it being required that at least 40 agricultural families shall be brought in and settled upon the land within two years. Each one of these families shall be the owner, either through dona- ' tion or purchase, of at least 50 hectares of land, and are to be pro- vided with proper lodgings, implements of labor, animals for work- ing and breeding purposes, seeds, and board for at least one year, the actual value of which shall be paid back by them, with 20 per cent additional and interest at 10 per cent per annum, in easy installments, after the third year. Chapter 5 empowers the executive by all possible means to encour- age the development of agriculture, and make gratuitous concessions of lands to those colonists who have distinguished themselves by their steady work and exceptional industry. But no more than two lots shall be granted in this way to the same person. Each colonist shall be entitled, within the first six years of his establishment in the country, to a reward of $10 for each 1,000 trees e years old which he has planted and has growing on his property. The nationial colonies shall be exempt from direct taxation of all kinds during the first 10 years of their existence as colonies. The agricultural inyIejr.en:^.jS^Sj.l^gj^ furniture, and arms im- Eorted for the use of immigrants snail T)e introduced into the colonies ■ee from duty. 204 The Immigration Commission. Chapter 7 encourages colonization by granting gratuitous transpor- tation of the colonists, by giving $200 for each 100 families settled in the province, and by other liberal measures. It w]ll be seen from the foregoing that it is a comparatively simple matter for immigrants to become land owners in the Eepublic. According to the census of 1895, out of a total of 180,000 farms in operation, 60 per cent were being cultivated by their owners, 30 per cent were being worked by tenants paying rent, and 8 per cent by persons working the land on shares. The tremendous growth of the area under cultivation has been due to the great increase in the immigration of agricultural peasants from Europe. During the years 1857-1905 the total immigration was 2,065,869, while for the year 1908 alone it was more than 250,000, largely from the south of Europe. ASSISTED IMMIGRATION. It is said that the national government has spent an annual average of a c[uarter of a million pesos since 1870 in the work of assisting immigrants. The amount and kind of assistance given to immigrants is shown in the table which follows. The first column shows the number for each specified year who were given free landing; this means that the goods and belongings of themselves and their families were entered free of duty, and that the immigrants had no lighter or other landing charges to pay. The second column shows the number who were lodged at public expense, and the third the number of those who were transported to the interior and placed in situations. Table 8. — Assisted immigration to Argentine RepMhUo, from 1857 to 1891 (number given free landing, lodging, transportation to the interior and located)." Number. Years. Dis- embarked. Lodged. Ti&os- ported and given work. Total. 1867 . 202 224 37 143 599 437 645 440 • 1,679 1,638 2,832 5,005 5,946 6,270 3,996 8, .594 11,122 8,627 5,161 3,049 3,847 8,880 13,029 10,942 11,380 16,010 202 1858 224 1859 37 1860. 143 1861 599 1862 437 1863 545 1864 440 1865 1,679 1866 1,638 1867 2,832 1868 3,111 2,507 2,897 1,517 2,318 4,990 6,840 6,805 4,706 4,093 9,366 10,302 8,836 9,045 12,824 8,116 1869 8,453 1870 3,896 4,868 10,268 22,211 20,789 11,453 6,419 6,284 15,826 20,734 17.117 ■/-osg/fi) 13,063 1871 10,381 1872 21,180 1873 38,323 1874 35,256 1876 23,419 1S76 14,074 1877 14,224 1878 34,072 1879 . 44,065 1880 36,895 i88k::;:;::;;;::::;:;.::;:::;:;;OM^zecy:foy;M(i: 38,083 62,716 a Figures are from tlie report of the second census Argentine Republic, 1895, vol. 1, p. 651. The Immigration Situation in Argentina. 205 Table 8. — Assisted immigration to Argentine Republic, from 1857 to 1897, etc. — Con. Number. Years. Dis- embarked. Lodged. Trans- ported and given work. Total. 1883 32,689 23,851 47,726 43,722 72,301 108,087 185,923 52,858 13,890 17,822 20,171 18,622 20,332 38,471 20,935 20,952 19,705 34,487 26,695 42,192 68,289 135,666 43,265 16,842 18,693 20,594 22,986 24,827 43,994 27,593 13,665 10,914 19,612 26,478 29,253 61,129 108,299 60,672 27,992 19,032 18,203 22,092 21,012 34,323 24,663 67,306 1884 54,470 1885 101,825 1886 96,896 1887 143,746 237,505 1889 429,888 1890 146,695 68,724 1892 65,547 1893 68,968 1894 63,700 66,171 1896 116,788 1897 73,191 Total 897,805 698,314 570,396 2,172,515 ADMINISTRATION OF THE LAW. The following statement concerning the administration of the Argentina immigration law is taken from "A Sketch of the Argentine Eepublic as a Country for Immigration," prepared in 1904 by the department of agriculture of the Eepublic: The immigration visit and its object. — Every vessel arriving in the country carrying immigrants, wbo, according to tlie law, are second or third class passengers, is visited and carefully Inspected by a commission, composed of the immigrants' visitor, the sanitary doctor, and an official from the maritime prefecture, which verifies the hygienic and wholesome conditions of the vessel, the accommodation for transportation, food during the voyage, supply of medi- cines; If a doctor and apothecary are on board; if it carries or not an excess of passengers in relation to its tonnage; if the dimensions of the main and lower decks and berthing are in accordance with regulations; If there are a sufficient number of ventilators, fire pumps, and kitchen utensils; life buoys and lifeboats ; if they carry persons suffering from contagious disease ; if pas- sengers have come on board in ports where any epidemic prevails ; if it carries any Inflammable or unhealthy articles amongst the cargo; and, finally, it re- ceives any complaints on the part of the passengers as to bad treatment, to- gether with the documents that the captain has to deliver respecting the knowledge of the immigration law, as also a statement of incidents occurring during the voyage, all of which is enforced for the benefit of the immigrants. Reception. — ^The immigrants are minutely interrogated and classified in order to acquire a knowledge of their ability for labor and the intentions they have formed, then a list is made of those who abandon the benefits conferred by law, their documents being stamped "simple viajero" (ordinary passenger) ; other passports are classified and stamped " residente antiguo " (old resident). The passports of the immigrants, who take advantage of the law, having been stamped by the visitor they are taken In hand by the employees of the immi- grants' home named to receive them, who attend to them and direct them what to do, placing them in tramcars, which are sent down in anticipation, In which they are transported from the port to the home. The baggage is loaded on the trucks by porters from the home. Free lodging.— On arrival at the home the immigrants are given entry and are noted on the registers, and further, are provided with a board and lodging ticket valid for-^flve days, which term may be increased in case of sickness. The immigrants are conveniently lodged, the women and children in halls sepa- i^^r^'r.xi^'^^mmmmr " "'" "'-""^ '""^ special service. by the customs officers as a 206 The Immigration Commission. Free board. — The immigrants are rationed with food of the best quality, the quantities, which form the daily ration of an adult, being meat, 600 grams; bread, 500 grams; potatoes, carrots, or cabbage (alternately), 150 grams; rice, macaroni, or beans (alternately), 100 grams; sugar 25 and coffee 10 grams. The children are supplied with milk. The meals, prepared in good steam kitcheners, are served by waiters in a large dining hall. Medical assistance. — In the infirmary attached to the home the sick are always carefully attended to ; the young are vaccinated and also the adults who so desire. There are doctors, students, men and women nurses; a dispensary with an ample supply of medicine and disinfecting material. The national labor bureau. — ^As soon as the immigrants arrive they are ques- tioned as to the places to which they wish to go and they are offered by the labor bureau the situations which it Is able to provide, according to the requests it may have received, the originals of which are filed, stating wages that can be paid and other conditions, all of which are carefully noted in special books kept for the purpose. Should it happen that for the moment no request is to hand for men of the trade of the immigrant desiring work the bureau itself will endeavor to procure for him, either by applying at the factories, companies, and works or, in default, telegraphing to the interior of the Republic. The im- migrant who wishes to proceed to some point where there is no demand for men of his trade is duly notified of the fact by the bureau. No pressure is applied to the immigrant to induce him to proceed to such or such a place, but due re- gard is given to his wishes. Free transport to the wiertor.— ^Immigrants for whom situations have been procured in the interior of the country, or who wish to join their families, are sent ofE by the expeditionary officials, whose duty is to have their baggage properly addressed, loaded up, to note the names of the immigrants on the list of the expedition, to provide them with the corresponding tickets for the journey, and to look after them generally until they are conveniently and fully Installed on the train or river steamer. Reception in the provinces or places of destination. — The immigrants who pro- ceed to the Provinces or National Territories where work is to be procured for them are received from the train by the secretary of the auxiliary commission, lodged and boarded for ten days, at most, until they are provided with a place or leave for their ultimate destination. In case they have been sent up to be forwarded on by another railway, they are similarly attended to by that employee, in the same manner as in the federal capital from the moment that the train arrives until the instant in which the other that has to take him on leaves. Postal and telegraphic. — In the Immigrants' home there is an office for the dispatch of mails and telegrams in order to facilitate delivery of correspondence and also with the object that the general commissary and the national labor bureau may be enabled to transmit throughout the Republic the necessary orders and instructions for the proper carrying out of the service. LOCATION OF BUREAUS TO ATTEND TO IMMIGRANTS. Immigration bureau. — Buenos Aires, calle [street] Alsina, No. 627; immi- grants' home in Buenos Aires at the retiro; national labor and forwarding bureau in Buenos Aires at the retiro. Auxiliary commissions. — Province of Buenos Aires : La Plata, Bahia Blanca, Juarez, Pergamino, Trenque-Lauqufen, Tandil, Tres Arroyos. Province of Santa Fe : Rosario, Vera. Province of Entre Rios : Parana, Concordia. Province of Oorrientes : Corrientes. Province of Cordoba : Cordoba. Province of Mendoza : Mendoza, San Rafael. Province of San Luis: San Luis. Province of Jujuy: Jujuy. Province of Catamarca : Catamarca. Province of San Juan. Province of Santiago del Estero : Santiago del Estero. Province of La Rioja : La Rioja. Province of Tucuman : Tucuman. And also the following in the National Terri- tories or Governments — Formosa : Chaca — Resistencia ; Misiones — Cerro Cora, Posadas, Canderlaria, Concepcion de la Sierra. Santa Ana: Pampa Central- General Acha, Bernasconi, Toay, Vistoria; Rio Negro — Viedma, General Boca; Chubut — Rawson, Camarones, Commodoro Rivadavia ; Santa Cruz — Gallegos, Puerto, Deseado, Puerto Santa Cruz; Neuquen— Cjos-Malal. Tlerra del Fuego — Ushuia, Digitized by Microsoft® THE IMMIGRATION SITUATION IN BRAZIL. 207 Digitized by Microsoft® Digitized by Microsoft® THE IMMIGRATION SITUATION IN BRAZIL. The Republic of the United States of Brazil has an area of 3,218,991 square miles, exceeding that of continental United States, exclusive of Alaska, by over 192,000 square miles. It lies almost wholly within the torrid zone, but its extensive mountain ranges and table-lands modify the climate to a marked extent. Its vast fertile plains yield all the products of the Tropics, and it has an immense wealth of natural resources. Its forests are as yet almost untouched; its enormous mineral wealth has hardly been tapped, while grazing and agriculture, the two industries to which it is perhaps best adapted, are still far behind their possible development. In 1907 the population was estimated to be 19,910,646, or a little more than six persons per square mile, the density of the population being about one-fifth that of the United States. IMMIGRATION POLICY. Comparing the sparse population with the evident need of develop- ing the resources of the country, it is readily understood why the Government should use every means to stimulate and encourage im- migration. The Brazilian immigration law is most liberal in its provisions for immigrants. Besides giving them free passage, it promises to take care of them upon arrival at any Brazilian port, for a stated time, transport them to their destination, and to pro- vide them with free tools and seeds, as well as medicine and care for their families. The ultimate aim of the Government is to build up a class of peasant proprietors, who shall at the same time be available for work on the great coffee plantations. An attempt, or several attempts, to import Japanese agricultural colonists have not met with the expected success. It is said that the Japanese have too great a tendency to drift to the towns and cities to make them successful colonists. This movement of the Government is in line with their general policy of establishing agricultural colonies in the endeavor to secure the development of these industries. Bureaus of immigration and colonization have been established, offering every guarantee to pros- pective settlers. The question of immigration and colonization has always been a subject of great importance to the legislators of Brazil. The Government has realized that the growth of industry and the de- velopment of the country's resources would be enhanced by a constant and sufficient stream of incoming settlers, especially of agricultural workers. As far back as 1818, 1824, and 1830, earnest efforts were made to induce the immigration of peasants from Switzerland and Germany and to introdaigBffwffifttt^*SOT«»;^p©an agricultural methods, as well as scientific and industrial improvements. • 209 210 The Immigration Commission. SOtlECES OF IMMIGRATION. Brazilian immigration statistics are admittedly incomplete and faulty, but the authority referred to below presents figures showing that from 1820 to 1907, inclusive, a total of 2,561,482 immigrants arrived in that country. The sources of this immigration and the development of the move- ment according to nationalities are shown by the following table: Table 1. — Immigration to Braeil, 1820 to 1907, mclusive, 'by nationality. [Compiled from report issued for the Universal Exposition, 1908, under Ministry of Agriculture. ] Year. 1820-1850 1851.. 1852.. 1853.. 1854.. 1855.. 1856.. 1857.. 1868.. 1859.. I860.. 1861.. 1862.. 1863.. 1864.. 1866.. 186S.. 1868.. 1869.. 1870.. 1871.. 1872.. 1873.. 1874.. 1875.. 1876.. 1877.. 1878.. 1879.. 1880.. 1881.. 1882.. 1883.. 1884.. 1886.. 1886.. 1887. . 1888.. 1889.. 1890.. 1891.. 1892.. 1893. . 1894.. 1895.. 1896. . 1897.. 1898. . 1899.. 1900.. 1901.. 1902.. 1903.. 1904.. 1906.. 1906.. 1907.. Total. . 56, 892 Nationality. 104 290 4,028 1,728 1,186 318 292 83 94 261 651 524 728 274 1,156 650 2,246 4,244 674 2,737 798 10,108 11,365 3,665 924 1,826 2,089 696 611 474 387 427 1,012 622 13 44 376 73 132 ' 5 24 19 16 101 212 ,082 387 308 471 24 37 9 28 22 28 18 6 13 26 S 17 29 IS 15 26 292 4 164 68 418 867 1,026 375 3 515 1,051 147 363 62 61 229 30 239 158 100 90 93 72 129 76 193 ,969 67 100 91 28 63 106 103 101 166 47 35 85 362 123 73 119 273 20 52 18 16 233 1,166 538 16 777 1,048 328 1,214 4,973 400 1,221 2,214 846 532 1,822 2, — 2,333 3,165 3,748 2,211 4,037 367 234 275 360 1,128 3,779 375 1,103 1,082 1,435 1, — 383 2,310 jsa 1,636 264 2,022 24t 2,386 194 1,851 249 1,804 162 2,34S 243 l,7H 233 2,84S 21S 2,414 241 1,147 47S 782 60S 1,903 2,844 4,812 1,921 6,286 575 XI H 616 1,36S 30H m 286 973 327 1,071 225 931 256 635 217 621 2;« 217 212 166 1,51 265 302 1,231 •m 797 224 65f 109 M^?. mDigtttz&S. 3, 716 11, 068 19, 269 93, 075 1, 213, 167 634, 685 54, 693 2,092 500 841 1,062 7 1,626 1, 6 1,171 6,820 13, 582 11, 836 10,245 12,936 2,705 12,428 15, 724 10,102 21,765 20,430 40,167 104,353 36, 124 31,!275 132,320 65,049 68, 552 34,872 97,344 96,506 104, 610 49,086 30,846 19,671 69,869 32, 111 12,970 12,857 17,360 20,777 I 53 231 8,329 7, 9. 9,159 9,340 9,327 9,342 5,914 6,460 5,625 4,420 5,097 3,784 4,724 4, 4,425 6,347 4,468 8,124 12, 918 1,310 6,644 3,692 7,421 7,906 6,236 8,841 12, 101 3,144 10,621 12,509 8, — 7,611 6,287 10,205 18,289 15, 240 25, 174 32, 349 17,797 28,986 17,041 36,065 22,299 13,568 15,105 10,989 6,250 11,261 11,606 11,378 17,318 20, 181 21,706 4 7 41 30 956 3,011 2,116 1,904 7 426 306 19 10 467 276 146 27,126 11, 817 158 156 57 276 592 669 258 412 147 99 108 371 287 996 751 132 218 332 38 510 727 763 23 929 911 1,275 2,677 3,961 2,660 710 952 1,317 1,766 4,736 9,012 12,008 22,146 10, 471 38,— 6, 17,641 24, 154 19, 466 8,024 5,399 4,834 8,584 3,688 4,466 10,046 26,329 24,441 5.'235 21 74 28 79 42 60 143 186 119 64 2 9 14 53 67 37 125 16 354 2,008 37 CO 2,020 321 468 180 604 173 92 8 161 276 112 193 240 2 64 58 187 62 141 287 134 302 409 316 61 264 198 58 40 21 93 163 90 119 30 23 17 16 46 98 68 10 12 648 978 1,823 874 781 772 481 1,097 1,446 1,193 1, — 288, 646 3, 780 9, 086 11, 731 161, 874 2, 561, 482 9,931 3,626 740 156 281 1, 2,819 2,215 6,592 7,188 5,974 4,076 3,004 2,647 1, 2,197 4,082 151 2,430 379 467 367 12,000 11,863 6,001 2,747 906 596 129 363 400 139 77 2,120 1,024 1,356 1,891 2,248 1,295 881 2,033 593 3,216 1,002 4,787 1,675 2,563 2,700 2,453 3,775 3,535 3,010 2,239 2,658 3,473 2,251 10, 716 The Immigration Situation in Brazil. 211 The importance of each nationality as a factor in the immigration movement to Brazil during the period covered by the foregoing table is shown as follows : Table 2. — Immigration to Brazil, 1820 to 1907, inclusive, by nationality; per cent distribution. [Compiled from report issued for the Universal Exposition, 1908, under Ministry of Agriculture.] Nationality. Number. Percent distribu- tion. Nationality. Number. Per cent distribu- tion. 66,892 3,716 11,068 19,269 93,075 1,213,167 634,585 64,693 2.2 .1 .4 .8 3.6 47.4 24.8 2.1 288,646 3,780 9,086 11,731 161,874 11.3 .1 English Swiss .4 French . Turkish .5 Another 6.3 Total.... 2, 561, 482 loao Russian. ITALIAN IMMIGRATION AND EMIGRATION. Italy has been the greatest single source of immigration to Brazil. In the eighties great numbers came whose passage from Italy was sup- plied free by the Brazilian Government. But in the late nineties a crisis in coffee growing occurred. Stories of failure to pay wages, of corporal punishment and other evils, reached Italy, and the Italian Government discouraged further immigration. As a consequence emigration from Italy fell off greatly. The Italians go mostly to the immense coffee plantations of the southern States of Sao Paulo, Espiritu Santo, and Minas Geraes. The Spanish and Portuguese go to the north, and the Germans to Eio Grande do Sul, and Santa Catherina. The following table derived from Italian sources shows the extent of Italian emigration to Brazil from Italy from 1878 to 1906. Table 3. — Emigration from Italy to Brazil, 1878 to 1906, inclusive. Year. Number. Year Number. 1878 5,433 7,999 6,080 6,766 9,074 7,590 6,116 12,311 11,334 31,445 97,730 16,953 16,233 108,414 36,448 1893 45,324 1879 1894 41,628 1895 98,090 1881 1896 76,665 1882 1897 80,984 1898 38,669 1899 26,574 1885 1900 27,438 1901 82,159 1902 40,434 X83g 1903 27,707 1904 19,724 1890 1905 30,079 1891 1906 27,808 1892... Digitized by Microsoft® 212 The Immigration Commission. There is a considerable return movement from Brazil to Italy, as is shown in the following table, the figures being taken from oiRcial Italian statistics: Table 4. — Number of Italicmg who returned to Italy from Brazil, 1887 to 190S, incluswe. Year. Number. Year. Number. 1SS7 317 1,136 3,603 1,510 2,583 7,566 10,906 5,300 16,654 1896 16,794 20,192 17,489 8,972 17,733 21,224 1888.. 1897 1889 1898 1890 1899 1891 . 1900 1892 1901 1893 . . 1902 29, 701 1894 1903 29,740 1895 THE BRAZILIAN IMMIGRATION LAW." The immigration law of Brazil is liberal and comprehensive. It is designed to facilitate desirable immigration and to exclude the unde- sirable. Complete and effective cooperation is contemplated between the Union, the States, and private enterprises, for the purpose of settling and developing the country. IMMIGRANTS DEFINED, All aliens under 60 years of age and traveling on second or third class passage are deemed immigrants unless they are criminals, rogues, beggars, vagabonds, lunatics, or invalids, are plying illicit trades, or are afflicted with any contagious disease. The disabilities enumerated bar admission. Persons over 60 years of age or inca- pacitated for work are admitted only when they are accompanied by their family and evidence is adduced of ability to provide support. BIGHTS OF IMMIGEANTS. Immigrants settling in the country and engaging in agriculture, industry, trade, or any useful craft or profession are guaranteed en- tire liberty of action, are allowed free access to any trade or other pursuit not inimical to public safety, health, or morals, and are granted complete religious liberty and the general civil rights enjoyed by Brazilian citizens under the constitution. NTJCLEtrS COLONIES. Nucleus colonies consist of selected divisions of territory in process of settlement and development. They may be established by either public or private initiation. Locations are determined by the general resources and value. Immigrants with families who intend to pur- chase land will be assisted by the Government in paying their pas- sage to Brazil. They will also be assisted in making the first install- The Immigration Situation in Brazil. 213 ment on the land and in purchasing farming implements and equip- ment, provided that they present on arrival a certificate of age, identity, occupation, character, and nationality, signed by an author- ized Brazilian representative abroad. EEPATEIATION. The Government will repatriate agricultural inxmigrants who have entered Brazil at State expense within two years prior to filing re- quest for same and who have resided continuously with the head of me family, but whose absence or incapacity induces the request. Persons eligible are widows and orphans destitute of support, wives and minor children of immigrants who are afflicted or unable to pro- vide support, and immigrants incapacitated by incurable disease, accident, or lack of resources. Digitized by Microsoft® Digitized by Microsoft® APPENDIX. BEGXTLATIONS BE6ABSING IMMIGBATION AND COLONIZATION IN BBAZIL. 79520°— VOL 40—11 15 215 Digitized by Microsoft® ^^ K.K Digitized by Microsoft® Appendix. EEGULATIONS REGARDING IMMIGRATION AND COLONIZATION IN BRAZIL. DBCEEE No. 6455 OF APRIL 19, 1907, APPROVING REGULATIONS FOR THE PEOPLING OF THE SOIL. The President of the Republic of the United States of Brazil in accordance with the authorization conferred in section 6 of No. XIII of article 35 of Law No. 1617 of December 30, 1906, decrees : Sole article. The appended regulations for the peopling of the soil, signed by the minister of industry, railways, and public works, "are hereby approved. Rio de Janeiro, April 19, 1907, nineteenth year of the Republic. Affonso Augtjsto Moeeiba Penna. Miguel Calmon du Pin e Almeida. REGULATIONS FOR THE PEOPLING OF THE SOIL REFERRED TO IN DECREE No. 6455 OF APRIL 19, 1907. Division' I. Chapteb I. — Preliminary dispositions. Article 1. The peopling of the soil will be promoted by the union in agree- ment with State governments, railway and river navigation companies, other companies or associations, and with private individuals provided that the sure- ties and rules hereby guaranteed and laid down are duly observed. Aet. 2. There shall be counted as Immigrants all foreigners of less than 60 years of age who are not suffering from contagious diseases nor plying illicit trades and who are not criminals, rogues, beggars, vagabonds, lunatics, or invalids who arrive at Brazilian ports traveling third class at the cost of the union, States, or third parties, as well as those who (ceteris paribus) have paid their own passages and desire to enjoy the same privileges as other new arrivals. Persons over 60 years of age or unfitted for work will only be admitted when accompanied by their families or when coming to join them, provided that there Is In the .family at least one able-bodied member against the invalid and one or two against the member over 60 years of age. Art. 3. To immigrants who establish themselves in any part of the country and devote themselves to any branch of agriculture, industry, or trade, or to any useful craft or profession, the following guaranties will be granted : Com- plete liberty of action and freedom to engage in any trade, provided that the same does not endanger public safety, health, or morals; complete liberty of religious belief; and, finally, civic rights, as enjoyed under the constitution and laws by Brazilians themselves. Art. 4. The union, without interfering with the liberty of similar action on the part of the States, will enter into an accord with them to direct and facili- tate the placing of immigrants who desire to settle as owners of their own land and will protect and advise such spontaneous Immigrants as need material aid for their first installment, while only in special cases will it bring in at its own expense such immigrants as desire only to work without acquiring the land on which they settle. Digitized by Microsoft® 218 The Immigration Commission. Division II. — Concekning Colonization. Chapteb I. — Concemmg nucleus colonies and their foundation. Abt. 5. By a "nucleus colony " for the operation of this decree, is understood a group of lots, duly measured and marked out, on land chosen as fertile and fitted for agriculture or cattle breeding, where the conditions are healthy, and there is abundance of drinking water to supply all the needs of the population. The colonies shall also be of suflBcient extent to admit of their development, while they shall have easy and convenient means of transport, shall be pos- sessed of favorable economic factors, and shall be prepared for the settling of immigrants as holders of their own land. Art. 6. The foundation of nucleus colonies shall be undertaken : I. By the union with help from the States. II. By the States with or without the help of the union. III. By railway or river navigation companies, other companies or associa- tions, or by private individuals with or without the help of the union and the States. The union may interfere in the foundation of nucleus colonies by railway or river navigation companies, other companies, associations, or private individuals when the founders aue not in the receipt of official aid and necessary rules and regulations have to be made or abuses remedied. Chapter II. — Conoeming nucleus colonies founded iy the union. Art. 7. The foundation of nucleus colonies under the direct administration of the union and with the aid of the interested State shall be effected in accordance .^ with this decree whilst the following rules must be observed : I. The union will choose the site and will undertake to form the nucleus. II. If the land is fallow or is the property of the State, the Federal Govern- ment will enter into an accord with the State government for the cession of the area required for the foundation of the nucleus. In this case the State will aid in the marking out, if necessary, according to its land laws, and will permit the following work of preparation : Preliminary surveys for the best division of the lots and for the establishment of lines of communication both internal and external ; measuring and marking out of rural lots; sanitary works, when necessary; building of houses, roads, and paths; preparation of the areas set apart for the first cultivation in each rural lot; establishment of the headquarters of the nucleus, if convenient, together with the urban lots, and, finally, the settling of the immigrants. III. So soon as the lots have been measured and marked out in accordance with the foregoing clause, they will be definitely handed over to the union on the distinct understanding that they will be sold to immigrants or otherwise used for the good of the nucleus. IV. Lands belonging to private individuals will be acquired by amicable arrangement, i. e., by purchase or agreement, or will be disappropriated by the State, while the union will undertake the work of preparation according to Clause II above. V. The State will provide the immigrants with tools and seeds free of charge for their assistance on first being installed, while the union may grant them these and other favors for the same purpose. VI. Should the State desire to establish, at the headquarters of the nucleus, farms for experiments and instruction, a suitable area will be reserved for this purpose and pecuniary aid granted, as established by law, in accordance with plans and estimates previously approved. Art. 8. The State may give any assistance to the immigrants independent of that given by the union, and may offer prizes to promote healthy emulation. Art. 9. Provisional and definite titles to the lots will be Indorsed by Federal officials appointed for this purpose. Art. 10. The product of the sale of the lots will belong to the union, except in case of arrangement with^ private owners of land, who by contract will be obliged to allow the colony to be founded and the sale of lots at stipulated prices for the transfer of lands and improvements thereon. Art. 11. The collection S>igttiWSet1^'Mi(SMS@fl®Dg from the sale of lots and houses and from aid not granted free will be made by the union. The Immigration Situation in Brazil. 219 Abt. 12. The choice of localities for the nucleus colonies will be made in accordauce with the previous surveys and will be carefully flscallzed by the ad- ministi-ation. Aet. 13. Localities for the foundation of nucleus colonies will be chosen which are healthily situated and conform to the conditions laid down in article 5 as well as the following : I. Convenient altitude and soil fitted for all kinds of cultivation. II. A position on or near railways actually working or In course of con- struction, on rivers navigated by steamers, or close to populous centers where the holders of the lots will find a ready market for their produce. III. A constant and ample supply of running and drinking water which shall be adequate for the inhabitants and may be employed for agricultural and in- dustrial purposes. - IV. Topographical configuration and conditions which will permit of the use of agricultural machinery. V. Forests, on the spot or near, which, while improving the climatic condi- tions and productiveness of the district, will afford a sure and cheap supply of timber for building and other works on the colonies. VI. A large enough area to admit of the increase of the nucleus, so that direct descendants of the first immigrants settled on the land, members of their families or persons connected with them, living abroad, may be invited to come and form new households and hold lots in the same nucleus or in its vicifiity. Aet. 14. When the locality for the nucleus has been chosen, a general plan and estimate of the probable cost of the work will be immediately drawn up, the ground will be divided into lots by exact measurement, the necessary -works will be put in hand at once and any factors dangerous to public health re^ moved, whilst plans will be made and executed for the systematic construction of roads and paths according to the regulations. Abt. 15. W^hen watercourses are in the way, if convenient, the works can be commenced by goniometric survey of same, and stakes will be driven in with their tops level with the ground, each one marked with a copper plate show- ing exactly the direction indicated. At the side of the stakes, signposts will be placed duly numbered so that the subsequent demarcation of the lots may be clearly indicated. When the hydrographic plans have been drawn up, thereon will appear the distribution of lots according to the lay of the ground. Aet. 16. If there are no watercourses, and such surveys are unnecessary, the land will be divided into lots in accordance with local conditions. Aet. 17. Lots will be duly numbered and the lines intersecting them will always, when convenient, run exactly north and south or east and west. Aet. 18. If the position and importance of the nucleus demand the estab- lishment of headquarters, which will later be a township, sufficient land will be reserved for this purpose favorably situated in the part of the district which is flattest and which, from a hygienic point of view, is most fitted for a popu- lous center. On this site the ground will be prepared and the necessary buildings erected in accordance with plans duly drawn up. The headquarters will be the converging point for the principal roads of the nucleus. Abt. 19. In each nucleus ground will be set aside for erection of schools and for experiments in the cultivation of vegetables, which may be grown with advantage in the district, for instruction farms, industrial purposes, etc. Aet. 20. The lots will be classified as rural and urban. Section 1. Rural lots will be devoted to agriculture and cattle breeding and will be of sufficient extent for the work of the colonists who own them. Sec. 2. As a general rule, rural lots will not exceed 25 hectares when situated along or near a railway or river, navigated by steamers, but otherwise they may be up to 50 hectares. Sec. 3. Urban lots will be those situated at the headquarters and will ulti- mately form the township, and all their fronts will be on streets and squares. Sec. 4. No urban lot may exceed 3,000 square meters unless set apart for some special purpose. Art. 21. As a general rule, a good and sanitary house will be built on each urban lot to be occupied by the immigrant and his family, whilst the ground will be prepared for the first cultivation to be made by the person who Section 1. Immigrants who Sesrre to ereciTiouses at their own expense and according to their own taste will have lots without houses reserved for them. 220 The Immigration Commission. Sec. 2.' Under the conditions of the preceding section the immigrant and his family, who acquire the lot, will be afforded temporary quarters until they have built the house, which must be within the space of one year. Abt. 22. Rural lots will be sold either for cash or for payment in installments. In the former case a definite title will be handed over immediately and in the latter a provisional title which will be substituted by a definite one as soon as all payments have been made. Section 1. Anyone purchasing a lot in the Installment system may pay off the debt in full or in part before the due date at any time in order to shorten the period for receiving the definite title. Sec. 2. Under the conditions of the preceding section the purchaser will enjoy the privileges of section 2, article 40. Art. 23. Urban lots will only be sold for cash. Aet. 24. Lots will be sold at a moderate price, which shall be previously fixed according to their size and position. Art. 25. Where there is a house on the lot, the cost price of the same will be added to the price of the lot. Art. 26. Rural lots may be sold on the installment system to immigrants accompanied by their families. Art. 27. Immigrants who are not accompanied by their families may only purchase rural lots for cash. Art. 28. The immigrant who is accompanied by his family may acquire a new lot after he has obtained a definite title to the first. When the family consists of more than five persons fit for work, or when the immigrant has cultivated and improved his first lot, he will be allowed the preference for the purchase, even on the installment system, of a second lot adjoining or close to the first. Art. 29. The foreign immigrant who is an agriculturist and has been less than two years in the country, who marries a Brazilian woman, or the daughter of a Brazilian born in the country, or the Brazilian agriculturist who marries a foreign woman who has been in the country as an immigrant less than two years, will be given a lot with a provisional title, without the pair having to pay anything, provided that during the first year from the granting of the provisional title they have lived together in harmony and have shown by the way that they have cultivated and Improved the lot that they mean to continue to do so. Art. 30. If the foreign or Brazilian immigrant, under the conditions of the preceding article, desires to obtain a lot with a definite title immediately after his marriage, the same will be sold him for half the stipulated price. Art. 31. On the provisional title granted to the immigrant shall be written the full price of the lot and the main conditions to be observed for the obtaining of a definite title. Art. 32. When definite titles to the lots have been granted to immigrants who are not in debt to the nucleus, the same become their absolute property. Art. 33. When the occupant of the lot is in debt to the nucleus, he can not, without a written authorization from the administrator, sell, mortgage, transfer, let, give as security, exchange or alienate in any manner, directly or indirectly, the said lot, house, or improvements. Art. 34. Immigrants will be transported free of charge to the nucleus. Art. 35. Immigrants arriving for the first time at the nucleus will be given, free of charge, seeds and tools such as hoes, spades, picks, axes, and scythes. Art. 36. During the first six mouths from the date of their arrival at the nucleus and until the harvest and sale of their produce, immigrants coming from abroad and settled as owners of lots shall, when necessary, be granted means for the maintenance of their families. Art. 37. "For the space of one year, under the same conditions as in the foregoing article, all immigrants will receive medical attendance and medicines free of charge. This period may be prolonged at the discretion of the adminis- trator of the nucleus. Art. 38. Stores or depots, where foodstuffs and other articles of prime neces- sity will be sold at moderate prices, will be established in the nucleus colonies to guarantee supplies for the population ; the immigrants being absolutely free to buy these goods for their own account wherever they like. Art. 39. During the first year after their installment or for a longer period, if Government so decides, a.i4 may be given, to such immigrants as desire it, for the purchase or hiring (®/§fffZft(II:ffl!)Am*epafl®E® and machinery, live stock, and vehicles necessary for the cultivation of the lots, preparation, and trans- port of the produce. The Immigration Situation in Brazil. 221 Art 40. The price of the lots, with or without house, when the same are pur- chased on the installment system, as well as any aid granted, except for work done or classed as gratuitous, shall be written in a book and handed to the aeotor in the form of a current account and shall constitute the debt of the im- migrant for which the head of the family is responsible. He shall begin amor- tization by yearly installments not later than at the end of the second year after his establishment. After this date, if no payment has been made, interest will be charged at the rate of 3 per cent per annum on the installments due. Section 1. When the nucleus is situated on, or near, railways or rivers, navi- gated by steamers, the period for amortization shall be five years, counting from the first day of the third year of the installment of the immigrant ; in other cases, or when Government deems it advisable, the period will be eight years under the same conditions. Sec. 2. The immigrant who pays his debts in advance will have a right to a rebate at the rate of 12 per cent per annum on installments that are outstanding. Sec. 3. The immigrant who pays the full value of the lot will immediately receive a definite title to the same, even -though he has still other debts out- standing contracted with the administration of the nucleus. Abt. 41. In the event of the decease of the head of the family, in whose name the provisional or definite title had been drawn up, the lot will pass to his heirs or legal representatives on the same conditions on which he himself held it. ■ If the nucleus has not yet been emancipated, the transfer will be made by an oflScial order of the administration without any legal intervention. Aet. 42. Any debt which the deceased head of the family had contracted with the nucleus will be considered extinct, if he leaves a widow and orphans, save that arising frofn the purchase of the lot on the installment system. Abt. 48. If the lot was purchased on the installment system and the deceased had already paid at least three installments, the remainder will be remitted in favor of the widow or orphans and a definite title granted. Abt. 44. Government will maintain free primary schools and will organize exhibitions and fairs of agricultural and industrial produce in the nucleus colo- nies, if deemed expedient. Abt. 45. Prizes will be offered for the reward of producers who most distin- guish themselves at the exhibitions or in any other way. Abt. 46. Where the nucleus is intended for foreigners, not more than 10 per cent of the lots may be sold to Brazilians, but when in a nucleus the number of lots held by foreigners is 300 or more a special area near the lots will be set aside for Brazilian agriculturists, if deemed advisable. Abt. 47. In States or districts, where hitherto no colonies or nucleus colonies of foreign agriculturists have existed, the Federal Government may adopt special measures, when necessary, to guarantee the first nucleus under condi- tions favorable to its development so that it may serve as a center of attraction for the establishment of an inci'easing number of immigrants. Aet. 48. Each nucleus will be regulated according to special rules made with a view to the peculiarities of the locality and the needs which may arise. Aet. 49. The emancipation of the nucleus colonies will be granted by Govern- ment so soon as the immigrants settled therein require no further aid. Chapter III. — Concerning nucleus colonies founded dy the States in conjunction with the union. Aet. 50. The union may bring in immigrants who, under the protection of the States, are to be settled as owners In nucleus colonies, which the State Govern- ments propose to found at their own expense, or by contract with landowners after the favorable conditions of the colonies, their hygienic condition, the good quality of their soil, and the works of preparation are approved. Abt. 51. The union may grant aid to such States as found nucleus colonies under their own direct administration, in accordance with the following article and the budgetary resources at its disposal. Abt. 52. The'foundation of nucleus colonies under the direct administration of the State and with the aid of the union will be in accordance with the condi- tions laid down in this chapter, with special regard to the following : I. The State will choose the locality which It judges favorable from the point of view of health, cultivatipJi,.jproduetIonj.safety, facility of communication, and cheap transport, and shaPPira©f/lftycM8aep«6^®er with the general plan of 222 The Immigration Commission. the colony, including the type of the houses and other necessary inlormation, for the approval of the Federal Government in order that the union may give a grant in aid. II. When the choice and plans have been approved the States will make all the necessary preparations. III. When all necessary work has been carried out so as to guarantee the convenient transport and the regular installment of immigrants and their fami- lies on lots exactly measured out and defined, in accordance with the approved plan, the union will, at its own expense, bring in the immigrants to be settled at the expense of the State, the latter being free to choose them by means of persons especially appointed for this purpose. IV. All services of the nucleus will be at the cost of the State. V. The union will help the State to the extent of 25 per cent on all money which it has actually expended for the foundation of the nucleus, provided that this aid does not exceed 800$000 for each foreign family settled. The payments made by the union will be in three installments: (o) The first, up to 250$000 per house, of the type accepted by the Federal Government, erected on a rural lot. (6) The second, also up to 250$000, when the Immigrant and his family have taken possession of the lot and have received either the provisional or definite title to the same. (o) The third and last not to exceed 300$000, according to the valuation made by the Federal ofQcial appointed for this purpose, when the immigrant and his family have been established on the lot for six months. Aet. 53. On nucleus colonies in receipt of union aid the percentage of lots set aside for Brazilians may not exceed 10 per cent of those reserved for foreign agriculturists. Aid granted for the settling of each family of Brazilian colonists may not exceed 500$000 maximum, payable in installments in accordance with sections (o) and (6) of No. V of the preceding allele after the settling of^ foreign families, according to the percentage above mentioned. Without union aid the State may form, with any number of lots it pleases, areas close by intended for Brazilians. Akt. 54. Titles to the lots will be given by the State oflScials in accordance with the law. Akt. 55. Of the amount produced by the sale of lots, 75 per cent will belong to the States, except in case of agreements with regard to land sold by private individuals to immigrants or colonies, whilst the remaining 25 per cent will be handed over to the union for the help which it has granted. Art. 56. The State alone may collect debts contracted by the immigrants with the nucleus. Art. 57. Nucleus colonies founded by States, with union aid, must be regu- lated according to the rules adopted by the latter. Akt. 58. When it is deemed useful to construct a railway to link up fallow lands, which may be colonized, or nucleus colonies with railway stations, con- suming centers, ports on the sea or rivers, the union may help this construction by means of a subvention paid in a lump sum, when the lines are open to traffic, at the rate of 6 :000$ per kilometer. Conditions, whether of a technical nature or referring to dates for payment, indemnification for help given, maximum length to receive subsidy, and any other matters, will be defined in the contract to be signed previously. Chapter IV. — RaiUvaii colonization. Art. 59. The settling of land along or near railwaj'S, in course of construction or already in traffic, as well as along rivers, navigated by steamers, ought to be undertaken and pushed by the various companies Independent of any initiative on the part of the Federal or State Government, of associations or private in- dividuals. Art. 60. By " railway companies " or " company " for the purposes of this chapter, is understood any single or collective entity which has for its purpose the construction of railways or carriage roads or the establishment of shipping lines in virtue of a contract made with the union or with the State. Art. 61. The settling will be effected by the installation of families of immi- grants accustomed to agBf^l^m&d Jlqb^W/OTOS?^*® breeding as owners of lots, property measured and marked out, situated along or within 20 kilometers of either side of the railway or river and forming nucleus or service roads. The Immigration Situation In Brazil. 223 Akt. 62. Any railway company which desires to obtain the aid and privileges indicated in this chapter must observe the dispositions of this decree and obtain official authorization, which will be granted by Government, when it deems advisable, its responsibility being limited by the budgetary resources at its disposal. Art. 63. The choice of the locality most fitted for nucleus and railway col- onies, will depend on careful study of all the circumstances essential to the de- velopment of the colony, special attention being paid to the mildness and healthiness of the climate, the abundance, quality, and distribution of the water, orographic conditions, the nature, fertility, and producing power of the soil, the extent of the forests, groves, plains, and land under cultivation, disposable area and every other question which it may be necessary to consider for the proper establishment of the colony. Aet. 64. The choice of locality made by the company will be submitted for the study and report of the fiscal engineer or Federal official, appointed for this purpose, and for the examination and approval of the Federal Government. Aet. 65. The general plan, comprising the division of the land into lots, areas of the same, cart roads and paths to be made, type of houses for the immigrants, will be submitted for the approval of the Federal Government and shall be executed in accordance with that approval. Otherwise, the aid and privileges treated of in this chapter will not be granted. Abt. 66. The land required for the nucleus or railway colonies will be acquired by the company by purchase, concession, or by agreement with the States or private individuals and, when necessary, its disappropriation will be authorized. It is absolutely necessary that the land should be previously proved to be free of any litigation, legal onus, concession or contract, so that it may be transferred free from any claim whatsoever. Aet. 67. When the position of a nucleus or the number of the rural lots calls for the establishment of headquarters which shall ultimately become a town- ship, the company will apportion the necessary urban lots according to approved plans. Aet. 68. As soon as the rural lots are ready and have proper means of com- munication the families of immigrants will be settled thereon. Aet. 69. The company will maintain to the best of its ability and in combina- tion with the Federal Government a propaganda service abroad, for the sale of lots, duly marked out and prepared, to immigrants accustomed to agricultural labor or to cattle breeding, in order that they may come and settle thereon. Aet. 70. The Federal Government may authorize or promote, at its own ex- pense, introduction of immigrants for the nucleus or railway colonies and will pay their passages from the port of their country of origin to that of their des- tination, efCect their disembarkation, house and feed them and give them free transport to the station nearest the nucleus. Aet. 71. The service of settling the immigrants, including help given them for the same, will be at the expense of the company, which shall furnish the new arrivals with tools and seeds and, whenever convenient, give them paid work on the railway or near the lots, to make it easier for them to keep up the same, and shall supply them, whenever necessary, with advances of food or money until the first harvest. Aet. 72. Rural lots with any Improvements thereon will be sold to the immi- grants for cash or in installments. Aet. 73. The price of lots and of houses and the conditions of payment de- pend on the approval of the Federal Government, which reserves to itself the right of fiscalizing anything which Is in the interests of the colonists, or deals with the rights which are guaranteed to them. Aet. 74. The coiqpany binds Itself to aid the transport of the colonial produce and will grant a rebate or reduction in freights of 50 per cent, on the tariff in force, for five years dating from the installment of the first family on a lot of any nucleus or railway colony whose foundation was made under the condi- tions of this chapter, or was undertaken by the union or by the States for the settling of foreign immigrants as owners of the land. Aet. 75. The company will render every aid In Its power to Immigrants for the improvement of their produce and will stimulate the formation and increase of small industries ; it will promote in the colonies, which it founds, the creation of free primary schools and will build churches for the immigrants. Irrespective of denomination. Digitized by Microsoft® 224 The Immigration Commission. Art. 76. The Federal Government will grant, under the heading of " aid," premiums to any railway company which carries on with regularity the settling of foreign immigrants as owners of the land as hereby laid down. The premiums will be agi-eed upon and fixed when the general plan is ap- proved (see art. 65 of this Decree) and must not exceed the following maximums : I. 200$000 for each house constructed on a rural lot, so soon as the type has been officially approved and the house is in the possession of the immigrant family. II. For each immigrant family, which has never before been resident in the country, brought in from abroad at the expense of the company and settled on a rural lot: (a) 100$000 when the family has been settled for six months. (&) 200$000 when the family has been settled for a year and has increased the area of cultivation and the live stock and shows every intention of con- tinuing to do so. III. 5 : 000$ for each group of 50 rural lots occupied by families of foreign immigrants who in the same colony and within two years of the settlement of the first family have received definite titles of ownership. Abt. 77. When the families of immigrant farmers are not brought from abroad at the expense of the company the latter shall undertake to establish them in the same conditions as those of article 76, but has no right to premiums I and III. Art. 78. When 50 rural lots are definitely occupied by families of foreign immigrants the company may settle five Brazilian families on neighboring lots and so on In the same proportion, and Government in this case will grant the same premium referred to in the preceding article for the settling of foreign families. Art. 79. The company may obtain from the State interested any other privi- leges and aid besides those granted by the Federal Government. Chapter V. — ColonixaUon hy companies, associations, and private individuals. Art. 80. Companies or associations and reputable private individuals who have at their disposal land so situated as to be fitted for colonization and who undertake to divide the same into lots and to sell it to foreign immigrant farmers so that the said immigrants may live on the lots as owners of the same, may receive grants in aid from the union and the State as is most con- venient in each particular case. Section 1. The following are the essential conditions to be observed if union aid is to be lent : (a) The estates must be free from litigation, mortgage, and every other legal onus, or the existence must be proved of a proper contract between the debtor and the creditor, who holds the mortgage, the terms of which permit of the transference to immigrants free from any claim whatsoever. (6) The area available must be sufficient, in the opinion of Government, for the settlement of nt least 50 families of Immigrants on an equal number of rural lots which shall be adjoining or spread over a district, the greatest radius of which shall not exceed 12 kilometers. (c) The soil must be fertile and the district healthy, and the colonies within easy reach of commercial centers to which they shall be joined by rail or car- riage roads, and the conditions must be such as to allow for agricultural and industrial expansion on the part of the colonies and for the sale of their pro- duce in a favorable market. The supply of drinking water must be abundant and such that each lot shall be provided with a proper supply for private use and for irrigation, and, finally, the general conditions must be such as will insure the prosperity of the new owner of the lot.