United States v. Union Bank of Canada
Decision Date | 10 December 1919 |
Docket Number | 28.,60 |
Citation | 262 F. 91 |
Parties | UNITED STATES v. UNION BANK OF CANADA. SAME v. ROYAL DUTCH WEST INDIA MAIL CO. |
Court | U.S. Court of Appeals — Second Circuit |
Francis G. Caffey, U.S. Atty., of New York City (V. H. Rothwell Asst. U.S. Atty., of New York City, of counsel), for the United States.
Carter Ledyard & Milburn, of New York City (Walter F. Taylor, of New York City, of counsel), for Union Bank of Canada.
Burlingham Veeder, Masten & Fearey, of New York City, (Van Vechten Veeder and William Paul Allen, both of New York City, of counsel), for Royal Dutch West India Mail Co.
Before WARD, ROGERS, and MANTON, Circuit Judges.
In the first case there is a writ of error to a judgment in favor of the defendant directed by Augustus N. Hand, J., in an action brought by the United States against the Union Bank of Canada to recover a penalty of $1,000 for violation of section 4 of the Immigration Act of February 20, 1907, which reads:
The defendant bank, a corporation of the Dominion of Canada having opened a branch in New York City, brought from its branch in Toronto one Schilling, agreeing to employ him at a salary as assistant accountant in its New York office and paying the cost of his transportation. The question is whether Schilling was a contract laborer within the meaning of the act.
The first legislation on the subject was in chapter 164, Laws 1885, section 3 of which made it an offense subject to a penalty of $1,000 to encourage in any way the importation of any alien 'to perform labor or service of any kind under contract or agreement' in the United States.
Section 5 provided exceptions as follows:
' * * * Nor shall this act be so construed as to prevent any person, or persons, partnership, or corporation from engaging, under contract or agreement, skilled workmen in foreign countries to perform labor in the United States in or upon any new industry not at present established in the United States: Provided, that skilled labor for that purpose cannot be otherwise obtained; nor shall the provisions of this act apply to professional actors, artists, lecturers, or singers, nor to persons employed strictly as personal or domestic servants.'
While this act was in force Rev. E. Walpole Warren was called by the Church of the Holy Trinity to the city of New York as its pastor. The government brought suit against the church for the penalty and the defendant demurred. We overruled the demurrer-- 36 F. 303-- in view of the language of the act--section 3, 'labor or service of any kind,' and of the specific exceptions; section 5, which did not include ministers. But the Supreme Court-- 143 U.S. 457, 12 Sup.Ct 511, 36 L.Ed. 226-- reversed the judgment, holding that the title of the act, 'An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its territories, and the District of Columbia,' and the mischief which Congress intended to prevent, as shown by the reports of committees of Congress on the subject, demonstrated that only manual laborers were intended...
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