United States v. Union Bank of Canada

Decision Date10 December 1919
Docket Number28.,60
Citation262 F. 91
PartiesUNITED STATES v. UNION BANK OF CANADA. SAME v. ROYAL DUTCH WEST INDIA MAIL CO.
CourtU.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.

WARD Circuit Judge.

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:

'Sec. 4. That it shall be a misdemeanor for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation or in any way to assist or encourage the importation or migration of any contract laborer or contract laborers into the United States, unless such contract laborer or contract laborers are exempted under the terms of the last two provisos contained in section 2 of this act.' Section 2 provides for the exclusion of contract laborers, the relevant portions being:
'Sec. 2. That the following classes of aliens shall be excluded from admission into the United States: * * * 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: * * * And provided further, that skilled labor may be imported if labor of like kind unemployed cannot 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.'

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...

To continue reading

Request your trial
6 cases
  • In re Palmer's Will, 4284.
    • United States
    • United States District Courts. 10th Circuit. Eastern District of Oklahoma
    • June 28, 1935
    ...removal to the national court. Holy Trinity Church v. U. S., 143 U. S. 457, 467, 12 S. Ct. 511, 36 L. Ed. 226; U. S. v. Union Bank of Canada (C. C. A.) 262 F. 91, 8 A. L. R. 1438; U. S. v. Smith (D. C.) 266 F. 740; De Hasque v. Atchison, T. & S. F. R. Co., 68 Okl. 183, 173 P. 73, L. R. A. 1......
  • Ex parte Chiu Shee
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • October 17, 1924
    ...998, 41 L. Ed. 151; U. S. v. Gay, 95 F. 226, 37 C. C. A. 46; Kuwabara v. U. S., 260 F. 104, 171 C. C. A. 140; U. S. v. Union Bank of Canada (C. C. A.) 262 F. 91, 8 A. L. R. 1438; Ex parte Aird (D. C.) 276 F. 954; Ex parte Gouthro (D. C.) 296 F. 506; and the cases holding that Chinese mercha......
  • Ex parte Gouthro
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • February 21, 1924
    ...296 F. 506 Ex parte GOUTHRO. No. 8361.United States District Court, E.D. Michigan, Southern ... Canada, the country from which she entered the United States. . ... was in the employ of the Western Union Telegraph Company, a. New York Corporation, as a telegraph ... 171 C.C.A. 140 (C.C.A. 9); United States v. Union Bank of. Canada (C.C.A. 2), 262 F. 91, 8 A.L.R. 1438; Ex parte. ......
  • United States v. Smith
    • United States
    • United States District Courts. 10th Circuit. Eastern District of Oklahoma
    • May 15, 1920
    ...... allottee made application to the United States Indian agent. at the Union Agency for the Five Civilized Tribes for the. removal of restrictions as to said surplus ...United States, 143 U.S. 467, 12. Sup.Ct. 511, 36 L.Ed. 226; United States v. Union Bank of. Canada (C.C.A.) 262 F. 91; De Hasque v. A., T. &. S.F. Ry. Co. (Okl.) 173 P. 73, L.R.A. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT