that they are under our flag. I think it is a grand, good thing for any people in the world to come under the flag of the United States. It is a grand thing for them and a good thing for us. Senator MASON. Whether they want to come or not?

Mr. BARROWS. Well, Senator, I am prepared to answer that question. Senator MASON. I did not mean to interrupt you.

Mr. BARROWS. With reference to our Indians, we have done the same thing. We have made them citizens whether they wanted to become citizens or not. We said it was the best thing for them and that they must be made citizens out of benevolence.

saw them com

So I say of these poor creatures, who come here as I ing last summer on board the steamer with myself. I saw many of the Jews who came over to New York from Europe. I saw them out on the deck as they came in, looking at the Statue of Liberty, and I thought of those poor fellows who had been driven out of Roumania, the man without a country, with no other place to go, coming under the light and in some respects under the shadow of that magnificent statue in our harbor.

And then to think of one of those men, even one of them—and it is said 75,000 people will be kept out under this test-think of even one of them having an inspector come up to him and handing him this card and asking him to read a portion of the Constitution of the United States. He says, "I can not do it, but I can plane;” “I can use a chisel; "I can work at a forge; " "I can earn my living." "No," says the inspector, "you are not good enough to be in this country." "But I can bring proof of my honesty and my integrity." "It does not matter; you can not read; you must go back." I should not like to be the inspector to enforce that law. I should not like to be the Senator or the Member of the lower House of Congress to vote for it.

STATUS OF THE PENDING BILL.

Senator MASON. Mr. Chairman, do I understand that the amendments which we considered here yesterday were adopted in the Senate? The CHAIRMAN. There were some amendments of an administrative character and some verbal corrections suggested by Mr. Williams, representing the meeting of immigration commissioners held recently, which were adopted in the Senate. None of the other amendments, however, have yet been considered by the committee. The amendments agreed to in the Senate were not material amendments.

Senator MASON. They were not material, and they had the indorsement of the Bureau of Immigration?

Senator CLAY. The amendments adopted were not material.

The CHAIRMAN. They were not material, and they had the indorsement of the Bureau.

Senator MASON. Then, in fact, the only question before the committee now is the educational clause?

The CHAIRMAN. These hearings are being held in response to numerous requests from persons throughout the country who expressed a desire to be heard, particularly on section 3, and some wished to appear before the committee and present arguments upon other parts of the bill, as was the case with Mr. Brown yesterday, who advocated an amendment in reference to immigrants predisposed to insanity.

STATEMENT OF GEN. W. W. DUDLEY.

The CHAIRMAN. General, whom do you represent?

General DUDLEY. I am here this morning to represent the Chicago, Milwaukee and St. Paul Railroad Company, a large employer of labor. The general counsel of that road, the Hon. George R. Peck, I expected to be here this morning and to speak for that corporation instead of myself, being only the local counsel of the road. But I do not wish the opportunity to pass without saying a few words by way of protest against the literary test embodied in section 3 of the bill now before you.

Gentlemen, I do not wish to take up your time with any discussion of the questions that have had so broad a range in discussion already this and previous mornings, but simply to speak as forcibly as I may concerning the practical features and the practical operation of this bill as affecting a large corporation who have for many years past been engaged in the development of the Western country and the great Northwest.

I take it that this bill is an outgrowth, and a very natural outgrowth, of the feeling which pervaded all parts of our body politic after the assassination of our beloved President, William McKinley, by an anarchist, and that it is an expression against anarchy perhaps more than anything else. It is that, possibly more than anything else, which has given rise to the agitation of the subject at this time.

The CHAIRMAN. General, a bill similar to this had passed the lower House of Congress some time prior to that event.

General DUDLEY. Well, it is a fair expression, at least, of the natural ebulition of feeling against admitting anarchist aliens into this country, which has found expression generally throughout the country following that dreadful event, and I think the time has come, possibly, when there should be more stringent regulation than we have in existing law as to the classes and kinds of people to be admitted here.

But we must remember that education in this nation is the chief aim and object of every young man, and in order that our fields may be properly tilled, that our great crops which feed the world may be properly garnered, there must be brawn and muscle as well as-or rather than-brain in the labor field.

It seems to me but the operation of natural causes and natural effects that because the native-born brawn and muscle of our country are receiving education and seeking employment in the higher grades of labor, and the demand for common labor is steadily increasing, there is a resulting vacuum in that field which, ex necessitate rei," brings to it the unemployed surplus of the brawn and muscle of other nations, and who come here with the object of seeking not so much to control this nation as to do its common labor.

The result of immigration for the last few years, we will say for the last ten years, possibly discloses the fact that the common labor-the simple brawn and muscle labor of this country-is performed very largely by immigrants-men who have come from foreign countries, the Latin as well as the northern countries of Europe.

This country has suffered nothing in the past by reason of that fact. But we must recognize that as the children of the men who come in are educated in our common schools they seem to have an aversion to the common labor their fathers have done, and they seek, along with

our own native sons, a higher grade of labor, leaving the vacuum to be filled by this common labor from abroad.

What is the situation to-day in regard to all great corporations? I speak for the one which I represent particularly, and I will not generalize, because I do not feel that I have any right to your time to do that.

Take the corporation which I represent. It is reaching out into the Northwest and is developing the agricultural regions, the producing regions of this country, those regions of the country which fill the stomachs of the world with healthy food. There it finds abundant opportunities to extend its lines to keep pace with that constantly increasing development of new territory. In the past two years the history of that corporation is that they have not been able to extend their lines and make their improvements nor permanent repairs or betterments as the demand has existed that they should make them simply because they are unable to get a sufficient amount of common labor to carry them out. To express it in a phrase, the company I represent is long on opportunities for the evolution of this country in the best lines, but is short on the brawn and muscle to do it.

Now, to pass this bill with an educational test, or with a literary test, as I think it has been properly characterized, it seems to me is to make it impossible to bring labor of any kind of the brawn and muscle variety into this country, and it is, I think, against the best interest of the country to enact such a law.

I say this with all respect and reverence for the opinion of Senators who have given this matter so much thought, but I am speaking of it from the practical standpoint. There is also a necessity for this kind of labor in the great harvest fields of the Northwest. There is a great necessity for it in the opening of land to cultivation and in its cultivation which can not be supplied by native labor or by that which is already in this country. There is, therefore, a necessity that there should be brawn and muscle brought in for agricultural purposes.

Now, if you put upon those immigrants, otherwise desirable, a literary test, the ability to read one paragraph of the Constitution of the United States in some language, you must remember that it constitutes no test of a man's capacity for labor. That does not prove that he has the brawn and muscle necessary to labor in the fields of this country. It simply proves that he has had better opportunities abroad than some other man who has the brawn and muscle and who wants to come here with the honest purpose of spending it and earning a livelihood for himself and his family and generally bettering his condition and theirs.

Therefore, without going further into the subject, which I am very much tempted to do, and which I would be very glad to do did I deem it proper, I respectfully assert that Congress should be very slow to put this restriction upon the genuine, honest, and needed labor that is coming here in an honest way in satisfaction of a natural demand. You are dangerously interrupting the proper operation of great economic causes.

I hardly feel that I can pass by one proposition made here yesterday without a word of dissent, for it seems to me as a proposition of law that you can impose no legal obligations upon an insane person. If you adopt the proposition which was submitted here yesterday, when you have found an alien who has gone out into the fields of labor and has become lost in the great body of our people and that mass of labor that is annually dispersed throughout the country, in whom

insanity develops within two years, who is friendless and among strangers, how can he find or bring proof that he had no predisposition to insanity when he came amongst us, and how can you put any legal obligation on his friends? You certainly can not put any legal obligation on him if he is insane.

Senator CLAY. You have reference to the amendment suggested, that if an alien comes here and becomes insane at any time within two years the burden will be on him to prove that he did not inherit insanity or had not previously been insane?

General DUDLEY. Yes, sir; it is putting the burden of proof on a man who has no status as a citizen and no rights. He is an insane person and is therefore incompetent.

Representative SHATTUC. May I ask General Dudley a question? The CHAIRMAN. Certainly.

Representative SHATTUC. You are fearful that if this educational test shall pass it will interfere with you in getting labor out West. But it will not interfere.

General DUDLEY. We find it already impossible to get enough common labor, and you now propose to deport the best of it that does

come.

Representative SHATTUC. You are referring now to the Norwegians and Danes.

General DUDLEY. Not entirely; the Italians as well.

Representative SHATTUC. What per cent of those would you lose? How many employees would you have lost in the last year had this educational test been a law? In other words, what percentage of the number who came to this country?

General DUDLEY. I am not prepared to answer the question, because I have not the statistics at my hand. Mr. Anderson, who will speak to you, has them and will present them.

Representative SHATTUC. Would you like to have me tell you? General DUDLEY. Yes, sir; if you are advised on the subject. Representative SHATTUC. I am chairman of the committee in the other House. I do not believe the West would have lost a thousand people.

General DUDLEY. That is the gentleman's opinion, and he has probably the best of reasons for thinking so, upon the general proposition involved. I am speaking now of the specific proposition as far as we are concerned.

Representative SHATTUC. As to the specific proposition, the statistics show that these people do not go West. Nine-tenths of them stay in Pennsylvania, New York, and other States of the East.

General DUDLEY. I will simply say, Mr. Chairman and Senators, that if this educational test, so called, this literary test, is imposed upon those immigrants who have passed safely the guantlet of section 2 and are otherwise desirable, it will make it absolutely impossible to secure a sufficient amount of labor to carry on those measures of improvement which the corporation I represent and all other great employers of labor have pressing upon them to-day, and which they desire to make, but which they are powerless to undertake because they can not get the common labor with which to carry them on.

That is the sum and substance of what I wish to say. As I said before, we are long on opportunites. We see before us a great and increasing demand for the development of our own great country. But we find ourselves crippled in and short of the necessary labor to do it, and this provision adds to that very distressing condition.

I do not think that I wish to occupy any more of your time. I thank you very much for giving me this opportunity to appear before the committee.

Senator DRYDEN. General, before you take your seat let me ask you a question. Assuming that there are evils connected with the immigration law, which all can recognize and upon which all can agree, have you any remedy to propose as a substitute for this so-called literary test which will meet the evils which seem to be assented to and agreed to by all?

General DUDLEY. Senator, I thank you very much for your question, because it leads me to speak of that which I had in mind but had omitted.

Instead of the proposition as you have put it into this bill, requiring an alien to read from a text and then passing him if he is otherwise a desirable emigrant, I would compel him to show affirmatively before he sets foot in this country that he was not connected with any anarchistic or socialistic or revolutionary society in the old country; in other words, that he has always been a law-abiding citizen of his former country. If you can do that, and if you can confine immigration to the honest, fairly intelligent, and laboring men who come here simply to use their brawn and muscle for the benefit of themselves and their families and to earn an honest living and are otherwise desirable immigrants, and in view of the great necessity for such labor in this country, you will accomplish all you can by way of proper restriction, if you are going to admit any foreign immigration at all of the laboring character.

I would suggest as a substitute, if I might be permitted, that you so frame this legislation as to exclude foreigners who have shown enough education on that subject to foment treason against their own country, to join societies which have anarchy as their object, and who come here not so much for the purpose of putting themselves into the labor market as to put themselves into secret societies which may tear down our fabric of government, as they have tried to tear down their own. That is the class, in addition to the classes excluded by section 2, the people of this country want you to keep out if you possibly can. It is not the laborer the people want kept out. It does not increase the price of labor to keep them out. It simply cripples the industries and the development of the country. I can not believe that laboring men are desirous of having such legislation as this enacted. It is, I think, the demand of the people that the dangerous classes from Europe should be kept out, and not the laboring class per se. I thank you, gentlemen, very much for your attention.

STATEMENT OF HON. L. E. PAYSON.

Mr. PAYSON. Mr. Chairman and Senators, I represent the Southern Pacific Company. It is a transportation company, as most of you know, having under its control and operation something over 9,000 miles of trackage, and having on its pay rolls to-day something over 55,000 employees, not including the executive officers and the higher officials. Its annual pay roll at the end of the last fiscal year to employees of the classes which I have named amounted to something over $32,000,000.

I also represent as counsel the Newport News Shipbuilding and S. Doc. 62-18