That for every violation of any of the provisions of section 4. of this act the person. partnership.. company. or corporation violating the same. by knowingly assisting. encouraging. or soliciting the migration or importation of any alien to the United States to perform labor or. service of. any kind by reason of any offer. solicitation. promise. or agreement. express or implied. parol dir special.. to or with such. alien shall forfeit and pay for every such offense the sum of $1.000. which may be sued for and recovered by the United States. or by any person who shall first bring his. action therefor in his own name and for his own benefit. including. any such alien thus promised labor. or service: of. any kind as aforesaid. as debts of. like amount are now. recovered. in the courts of the United States." * * (Act of Mar. 3. 1903.) " Sec. 6. That it shall be unlawful and be deemed a Violation of section4 of this act to assist or encourage the importation or migration of any alien by a promise of employment through advertisements. printed and published in any foreign country. and any alien coming to this country in consequence of such an advertisement shall be treated as coming under a promise or agreement as contemplated in section 2 of this act. and tihe penalties imposed by section a of this act shall be applicable to such a case: Provided. That this section shall not apply to States. or Territories. the District of Columbia. or places subject to the jurisdiction of the United States advertising the inducements they offer for immigration. thereto. respectively." (Act of March 3. 1903.) That is the act of March 3. 1903. along the line of the one which I previously read. which. as I say. it is the express purpose and design of. the bill now before the Senate:to practically repeal. and in so doing to deny to these States the opportunity hereafter to procure any labor which may be needed by the industries within their respective borders. " Sac. S. That any person. inclhding the master. agent. owner. or consignee of any vessel. who shall bring into or land in the United States. by vessel or. otherwise. or who shall attempt. by himself or through another. to bring into or land in the United States. by vessel or otherwise. any alien not. duly admitted by an immigrant inspector. or not lawfully entitled to enter the United States. shall be deemed guilty of a misdemeanor. and shall. on conviction. be punished by a line not exceeding $1.000 for each and every alien so landed or attempted to be landed. or by imprisonment for a terra not less than -three months nor more than two years. or by both. such fine and imprisonment." (Act of March 3. 1903.) It will not be questioned. after reading the foregoing provisions. that the actions of Commissioner Watson. as recited above. if performed by a private person. would fall squarely within the condemnation. of the statutes. Commissioner Watson was not acting in his private capacity. however. but as the representative of the State of South Carolina. The points to be considered therefore are (1) whether the provisions quoted were intended to contol the action of States as well as persons . if not. (2) whether they were intended to affect State officers. acting under State authority . if so. (3) whether the actions in question fall within the prohibitions of the statutes. or are excepted from the operation thereof. cither by express provision or by necessary intendment. Though stated separately. these questions can best be considered together. To prevent any misunderstanding of what will. be said later. it is desirable to state certain propositions. which may be regarded as established by judicial decision. 1. The power to regulate the immigration or importation of aliens into the United States is vested in. the National Government to the exclusion of State authority. (Gibbons v. Ogden. 9 Wheat.. 1. 216. Henderson v.
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