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accounted for by 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, by sex, age, literacy, and amount of money shown. [Compiled from statistical tables furnished by the United States Bureau of Immigration.]

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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 questioning 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 I 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where in many of the great manufacturing centers, particularly in the New England States, native help has been entirely superseded by the foreign article.

• Annual report United States Commissioner-General of Immigration, 1909, p. 137.

79520°-vol 40—11

CHAPTER IV.

THE CANADIAN IMMIGRATION LAW.

At the time the Commission's report on the Immigration Situation in Canada was presented 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 bill by which it was proposed to amend it. In what follows the laws of 1906 and 1910 are discussed without reference to the bill in question, 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 administrative changes were made, but as most of these changes had already been given the force of law through orders of the governorgeneral in council, the system of regulating immigration was not particularly changed by the legislation of 1910. Therefore references 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.

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: "

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 Senate Doc. No. 469, Sixty-first Congress, second session. As amended by act of March 26, 1910.

c The Canadian immigration laws of 1906 and 1910 and the United States immigration laws of 1907 are printed in full in the appendix to this report.

(a) Idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and persons who have been insane within five years previous.

(b) Persons afflicted with any loathsome disease, or with a 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, subject 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.

(c) Immigrants who are dumb, blind, or otherwise physically defective, unless in the opinion of a board of inquiry or officer acting as such they have sufficient money, or have such profession, 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.

(d) Persons who have been convicted of any crime involving moral turpitude.

(e) Prostitutes and women and girls coming to Canada for any immoral purpose and pimps or persons living on the avails of prostitution.

(f) Persons who procure or attempt to bring into Canada prostitutes or women or girls for the purpose of prostitution or other immoral purpose.

(g) Professional beggars or vagrants, or persons likely to become a public charge.

(h) Immigrants to whom money has been given or loaned by 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 London, has been obtained for the landing in Canada of such persons, and that such authority has been acted upon within a period of sixty days thereafter.

(i) Persons who do not fulfill, meet,

sons likely to become a public charge; professional beggers; persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who 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 government, or of all forms of law, or the assassination of public officials; prostitutes, or women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose; persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose; persons hereinafter called contract laborers, who have 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 migrate as above described; any person whose ticket or passage 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 government, either directly or indirectly; all children under 16 years of age, unaccompanied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such regulations as he may from time to time prescribe: Provided, That nothing in this act shall exclude, if otherwise admissible, persons convicted of an offense purely political, not involving moral turpitude: Provided further, That the provisions of this section relating to the payments for tickets or passage by any corpora

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.

tion, association, society, municipality, or foreign government shall not apply 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 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.

There is a radical difference, noted elsewhere, between the attitude of Canada and the provisions of the United States law with regard to the admission of so-called contract laborers."

a See p. 57.

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