The figures, 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 assertion, it is a well-known fact that in the past a great many European immigrants to Canada 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 Immigration has collected statistics relative to aliens entering the United States from Canada for the purpose of taking up a permanent residence here, and the results show that the movement continues in spite of the fact that Canada is now one of the chief immigrant-receiving countries of the world.

The records of the United States 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 immigrants 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 Dominion, and that the classification does not include persons in transit through Canada to the United States.

THE CANADIAN IMMIGRATION LAW.

The Commission's report on the immigration situation in Canada was presented to Congress April 1, 1910, at which time the Canadian immigration act of 1906 was in force. On May 4, 1910, a new law went into effect which made more or less important changes in the former act. Both the old and new law are discussed in the complete report upon this subject." In what follows, however, the act of 1910 will be considered.

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.

3. No immigrant, passenger, or other person, unless he is a Canadian citizen, or has Canadian domicile, shall be permitted to 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:

99

United States law of February 20, 1907, section 2.

2. That the following classes of aliens shall be excluded from admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and persons who have been insane within five years previous; persons who have had two or more attacks of insanity at any time previously; paupers; per

a The Immigration Situation in Other Countries. Reports of the Immigration Commission, vol. 40. (S. Doc. No. 761, 61st Cong., 3d sess.)

As amended by act of March 26, 1910. See pp. 731-744 of this volume.

applicable to such persons under sections 37 or 38 of this act.

to tickets of passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: And provided further, That skilled labor may be 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 professional actors, artists, lecturers, singers, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants.

Although the phraseology employed differs somewhat in the exclusion provisions of the two laws above quoted, it is apparent that both are designed to exclude practically the same classes of physical, mental, and moral defectives and delinquents. Because of this fact a comparison of the essential provisions of the two laws is of interest.

It will be noted that the United States law excludes persons whose passage is paid by any corporation, society, municipality, or a foreign government, while the Canadian act provides for the admission of such assisted immigrants on approval of the department's representative in London.

Anarchists or persons who believe in the overthrow of government are specifically excluded by the United States, but not by the Canadian law. The latter, however, provides for the deportation from Canada of

any person other than a Canadian citizen [who] advocates in Canada the overthrow by force or violence of the Government of Great Britain or Canada, or other British dominion, colony, possession or dependency, or the overthrow by force or violence of constituted law and authority, or the assassination of 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;

Polygamists, unaccompanied children, and contract laborers are also among the classes excluded by the United States law, but not specifically by the Canadian act. Polygamists are not mentioned in the latter, and as previously explained, Canada welcomes British children and provides homes for them in Canadian families.

Canada's contract-labor policy differs radically from that of the United States. An immigrant coming to Canada without some assurance that employment awaits him is quite likely to be denied admission to the country. On the other hand, an immigrant who comes to the United States with the assurance that employment awaits him, and admits the fact, is almost certain to be debarred as a contract laborer.

The last paragraph of section 3 of the Canadian law above quoted provides for the exclusion of

Persons who do not fulfil, meet, or comply with the conditions and requirements of any regulations which for the time being are in force and applicable to such persons under sections 37 or 38 of this act.

The importance of this provision will be apparent when the two sections referred to are considered. These sections are as follows:

SEC. 37. Regulations made by the governor in council under this act may provide as a condition to permission to land in Canada that immigrants and tourists shall possess in their own right money to a prescribed minimum amount, which amount may vary according to the race, occupation, or destination of such immigrant or tourist, and otherwise according to the circumstances; and may also provide 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 certificates on demand of the immigration officer in charge before being allowed to land in Canada. SEC. 38. The governor in council may, by proclamation or order whenever he deems it necessary or expedient

(a) Prohibit the landing in Canada or at any specified port of entry in Canada of any immigrant who has come to Canada otherwise than by continuous journey from the country of which he is a native or naturalized citizen, and upon a through ticket purchased in that country, or prepaid in Canada;

(b) Prohibit the landing in Canada of passengers brought to Canada by any transportation company which refuses or neglects to comply with the provisions of this act;

(c) Prohibit for a stated period, or permanently, the landing in Canada, or the landing at any specified port of entry in Canada, of immigrants belonging to any race deemed unsuited to the climate or requirements of Canada, or of immigrants of any specified class, occupation, or character.

Under the Canadian immigration act of 1906 the governor in council was given wide latitude in the matter of denying admission to persons not specifically debarred by law, but as will be noted by reference to the complete report of the Commission considerably greater authority in this regard is conferred by the above sections. As a matter of fact it would appear that the governor in council has practically unlimited power, and could, if deemed desirable, not only prohibit the immigration to Canada of any particular class, but practically suspend all immigration.

On May 9, 1910, five days after the new Canadian law became effective, several orders in council were promulgated under authority of sections 37 and 38, above quoted." One of the orders provided as follows:

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 1st day of March and the 31st 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 in addition to a ticket or such sum of money as will purchase a ticket or transport 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 members 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 for each member of the said family of the age of 18 years or upward, and $12.50 for each member of said family of the age of 5 years or upward and under the age of 18 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 1st day of November and the last day of February, both inclusive, shall be subject to the foregoing regulations, with the substitution of $50 for $25 and $25 for $12.50 wherever the said sums of $25 and $12.50 are mentioned in the said regulations.

a The Law and Regulations of Canada Respecting Immigration and Immigrants, issued by the Superintendent of Immigration, Ottawa, May 16, 1910.

It was provided, however, that male immigrants going to assured employment at farm work and females to assured employment at domestic service may be admitted if possessed of means of reaching the place of such employment. Under this order the money requirement may also be abrogated in the case of immigrants going to join certain relatives.

A similar order in council had been promulgated under the law of 1906.

Three other orders in council, all of which were promulgated on May 9, 1910, provided as follows:

No immigrant shall be permitted to enter Canada if he or she, being a subject or citizen of any country which issues a passport or penal certificate or both to persons emigrating therefrom, fails to produce such passport or penal certificate or both upon demand by the immigration officer in charge, and whether coming to Canada directly or indirectly from any such country.

No immigrant of Asiatic origin shall be permitted to enter Canada unless in actual and personal possession in his or her own right of two hundred dollars, unless such person is a native or subject of an Asiatic country in regard to which special statutory regulations are in force or with which the government of Canada has made a special treaty, agreement, or convention.

From and after the date hereof the landing in Canada shall be and the same is hereby prohibited 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 or purchased or prepaid in Canada.

The last two orders quoted were in effect identical with orders promulgated under the law of 1906. Both of these orders were evidently intended primarily to exclude Hindus. Canada has a special statutory provision relative to Chinese immigration, and Japanese immigration to the Dominion is regulated under an agreement with Japan. Neither of these provisions applies to Hindu immigration, which is consequently affected by the money requirement mentioned. A still more effective safeguard against the coming of Hindus, however, is found in the order which requires that immigrants come to Canada by a continuous journey. The peculiar efficiency of this provision is due to the fact that there is no means by which a continuous journey from India to Canada can be accomplished.

REJECTIONS AT PORTS OF ENTRY.

Observations at Canadian ports indicate that, generally speaking, the inspection of immigrants, both medical and otherwise, under the Canadian law is less rigid than under the United States law, which statement is substantiated, in part at least, by the record of rejections in 1908 under the respective laws, as shown by the following table:

TABLE 5.-Total number of immigrants admitted and rejected under Canadian and United States laws, fiscal year 1908.

[Compiled from reports of Superintendent of Immigration, Canada, and reports of United States Commissioner-General of Immigration.]