It has never been determined. for example. what Is meant by assisting the importation or migration of aliens " in pursuance" of any offer. etc.. although the difficulty of applying this phrase In practice was recognized by the lawmakers during the debates In Congress. Nor has there been any decision. so far as known. as to what is covered by " any offer. solicitation. promise. or agreement" to perform labor or service in the United States. Whether it would be held. for Instance. that the offer. solicitation. promise. or agreement. to be tnlawful. must be nade by some responsible person. who Is to furnish the employment. in his own behalf and interest or as the dily authorized agent of another. or whether it would be equally unlawful if made by a wholly disinterested person. who has no employment to give. either for himself or for anyone else. and who acts. say. from motives of humanity or from his personal views as to the needs of particular localities. and again. whether the offer or solicitation to perform labor or service does not necessarily imply that employment of some specified kind. at some definite place. for some particular employer. and at some fixed compensation. will await time immigrant upon his arrivalhow the courts would answer these questions it is hard to say. since they appear never to have been presented. But in the absence of judicial determination. relying solely on the language of time statute. I should not hesirate to say that an Executive Department charged with the enforcement of the act would be bound to hold that the course of action followed by Commissioner Watson fell within the condemnation of the law as it now stands. were it not for the fact. as already pointed out. that States and State officials were not contemplated in the passage of the act. and for the further fact that the exemption in favor of States and Territories contained in the sixth section" is not without a bearing on the provision In question. Section O of the act of March 3. 1903. provides: " That it shall be unlawful and be deemed a violation of section 4 of this act to assist or encourage the importation or migration of any alien by a promise of employment through advertiscments 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 the penalties imposed by section 5 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." The intimate relation between this section and section 4. denouncing offers. solicitations. promises. or agreements. is indicated by the fact that both provisions were treated together by the committee of the House of Representatives in reporting the bill. The committee said: " Section 4 follows section 1 of the act of February 26. 1885. known as the original alien contractlabor law. making the importation of aliens under contract or agreement to perform labor or service of any kind in the United States unlawful. but omits the word contract. sultstituting therefor the words offer. solicitation. promise. This change was made to meet the rulings of the courts. which held that in every case of alleged violation of time law all the elements of a binding contract must be proven to bring offenders within time meaning of the act.
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