Speech #630376536

From the present Commissioner of Immigration. He says: Here is repeated the definition of "contract laborer" that is contained in section 2 of the existing immigration law. Attention Is called to the opinion of the Attorney General in the McNair case (27 Opinions. 383). holding that the present law excludes only manual laborers. skilled or unskilled. I am advised that always under the act of March 3.. 1903. and also under the act of February 20. 1007. until the opinion mentioned was handed down. it was the practice of the administrative officers to exclude aliens as " contract laborers" without regard to whether the work to be performed by them was of a manual or a mental nature. their idea being that " labor of any kind" included mental as well as manual occupations. and that the only exceptions permissible under the law were those specifically given in the last proviso to section 2 of the existing law (repeated in this proposed measure. lines 121S. p. 10). That construction of section 2 of the existing law seems to -be approved (obiter dicta. at least) In the decision. of the Supreme Court January 5. 1914. in Lapina v. Williams.