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Aliens

Church in any way in politics; and, in jurisdiction in law and equity. It is to response to the question whether there consist of five circuit judges of the United had been any suggestion or attempt by States, no two of whom shall be from the Church to influence him as a Sen- the same circuit. They shall hold four ator, he promptly said that he would regular sessions each year in Washington, resent such action had there been any, and they shall have exclusive jurisdiction and that “it is none of the business of over cases brought by the Inter-State the Church.”

Commerce Commission. On the first day of each year the Chief Justice of the

Supreme Court of the United States is Last week some interesting to designate the five judges who shall Railway Rate Regulation

For measures looking towards constitute the Court of Commerce.

deliverance from shippers' each of the judicial districts from which and carriers’ monopolies were introduced a judge is taken to perform the duties of into Congress. By far the most impor- the Commerce Court the President is tant was the measure introduced by authorized to appoint an additional Representative Hepburn. It abolishes circuit judge. The President is also the present Inter-State Commerce Com- authorized to appoint an Assistant Attormission, and provides for a new com- ney-General for the enforcement of the mission of the same name, to be appointed Act. by the President, having seven members, each with a salary of ten thousand dollars a year. The Commissioners first ap

Last week President

Naturalization of pointed are to serve for terms of four,

Roosevelt sent two mesfive, six, seven, eight, nine, and ten

sages to the Senate years respectively from April, 1905, transmitting reports and recommendawhen it is proposed that the new measure tions from the Secretary of State. The shall take effect; their successors are to first message had as its subject the natube appointed for terms of ten years. ralization of aliens in the United States. Protection to the public is found in the From the most exhaustive report on the provision that the Commission shall subject ever made to the State Departdeclare and order what shall be a justment we learn that during the calendar and reasonable rate. Its order shall year 1903 the Department issued over take effect in sixty days. Protection to sixteen thousand passports, of which the railways is assured by the provision nearly half were to naturalized citizens. that they may appeal to a High Court of During the same period our diplomatic Commerce to have the Commission's and consular officers issued over four order reviewed. Pending the review, thousand passports, of which almost the Court may suspend the order, the exactly half were to naturalized citizens. carrier giving a bond for the payment of The State Department, here and abroad, all damages incurred by shippers. In must issue passports to naturalized citicase two or more carriers fail to agree, zens when they establish a prima facie the Commission is authorized to fix a right to receive them. It must afford joint rate, orders affecting all rates being protection to them while they are abroad subject to review by the new Court of equally with citizens who were born in Commerce. During a judicial review of the United States. From all applicants its order the Inter-State Commerce Com- or passports the Department requires mission is authorized to modify or sus- proof of citizenship. While it refuses to pend the order under review. A penalty recognize naturalization certificates when of five thousand dollars a day is imposed it has reason to believe that they were upon carriers who refuse to obey an unlawfully obtained, it has no order of the Commission. An appeal of investigating the validity of certififrom the Court of Commerce can be taken cates regular as to their face value, nor only to the Supreme Court of the United can any means be evolved by which the States. The new

Commerce Court Department can properly review the is to be a court of record, with full action of the courts which naturalize

means

Commercial
Attachés

aliens. Recently it has been discovered diplomatic and consular representatives that many certificates of naturalization abroad. were forged. Other cases have been reported where a certificate properly

President Roosevelt's second granted has been sent to a friend

message to the Senate recomabroad, who passes himself off as the

mended legislation to provide person for whom it was issued.

From for co-operation by the Departments of all the diplomatic and consular officers State and Commerce in collecting inof the United States who are called formation concerning trade conditions upon to protect American citizens in foreign countries. The report is the abroad, complaints are made that our work of Assistant Secretary of State naturalization laws are being constantly Loomis, He asks that provision be evaded in these and other ways and that made for six special agents to be called naturalization is conferred upon un- commercial attachés, to be attached to worthy men. It is certainly a thankless the diplomatic service or the consular task when, after the use of discretion corps, or to act as intermediaries between and good judgment in protecting Ameri- them. These attachés shall visit differcan citizens by our agents abroad, those ent countries and study industrial concitizens are discovered to be not entitled ditions with a view to suggesting modito the certificates which they hold. fications and changes in the existing Furthermore, cases are constantly recur- plans of American foreign commerce. ring of persons who have secured natu- While deserved credit is given to our conralization before they have resided in sular service for its efficiency in supplythis country for the period of five years ing our manufacturers and merchants or before they were twenty-one years of with local information as to trade condiage. Under our laws, about five thou- tions which tend to advance or hinder sand separate tribunals have the power the sale of our surplus products, to carry to construe the naturalization laws. The forward this work Mr. Loomis proposes rules which they make for this purpose to utilize the superior resources at hand. vary widely. Hence the intention of He does not think that resentment will our Constitution that there shall be a be excited among foreign nations beuniform rule of naturalization throughout cause of such an aggressive American the United States is defeated. In view campaign for trade. Germany has of the foregoing, Mr. Hay makes the already practiced it, and other industrial following timely suggestions:

countries have for some time been openly (1) The law should restrict naturalization equipping for precisely such an effort. to certain courts definitely named, and should The duties of the proposed commercial prohibit all other courts from entertaining attachés, being declaredly commercial, naturalization proceedings. (2) The nature of the testimony upon which naturalization may

would in no way compromise our embe conferred should be more particularly bassies or legations abroad, and as there prescribed than it now is. (3) The language are a number of consuls now in the servand form of a certificate of declaration of

ice who may with right be classed as intention to become a citizen, and of naturalization, should be prescribed by law and

commercial experts, Mr. Loomis proposes should be printed on a particular kind of to select the staff of new officers from paper to prevent counterfeiting., (4) The their number. This reward for ability law should require that returns be made

in the consular service ought to be an to the General Government at stated periods, by all courts having authority to naturalize, object of emulation for every man in of all declarations of intention to become that service. A second and not unimAmerican citizens and of all naturalizations portant object to be attained would conferred.

lie in the securing of a trained corps As Madison once said, we need, not of consular inspectors, the lack of mere numbers of citizens, but good citi- which has been seriously felt. The six

Mr. Hay's recommendations, if attachés would receive five thousand carried into legislation, would decrease dollars a year each and traveling exboth the number of bad citizens and penses. It is not proposed that the the intolerable burden now upon our attaches should have a fixed residence

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66

Commissioner Williams

Exclusion for

at any particular capital, but that they been made by which Mr. Williams might be transferred from point to point. have been able to continue in office. The foreign service of our Government, If, however, the service must lose this diplomatic as well as consular, should markedly efficient man, it is the country's be represented by the most efficient good fortune that Mr. Williams's succesagencies possible in the countries to sor is not to be a mere political ap which we wish to sell our surplus pointment,” but an expert trained from products. While the present agencies boyhood in his particular department of are increasingly admirable, it is impossi- work, one who, in the words of those ble that they should have the many-sided who know, is absolutely the best man knowledge which traveling commercial in the immigrant service”—namely, Mr. agents can and should obtain.

Robert Watchorn, at present United

States Commissioner of Immigration for Last week it was

Canada, with headquarters at Montreal. The Resignation of

Mr. Watchorn came to this country himannounced that Mr. William Williams,

self as an immigrant, and his successful Commissioner of Immigration at the

and honorable political career is an

illustration of the fact that the United port of New York, had resigned, and that the President had reluctantly ac

States is pre-eminently a land where

merit and determination win. cepted the resignation. In the latter's letter to Mr. Williams he repeats what he had often said to the Commissioner in endeavors to dissuade him from insist

The case of William Bishop, ing upon resigning:

Opinion's Sake

an immigrant to this coun

try from Great Britain who I feel that you have rendered a service of real and high importance to the whole Nation

has been detained for deportation and in your management of the office under you. excluded on the ground that he is a When I asked you to take the position, I dangerous person, has been appealed to realized that I was asking you to do what

Secretary Metcalf from the decision of meant genuine self-sacrifice on your part, the Special Board of Inquiry at Ellis and I realize that your consenting to stay so long has meant further loss to you. But Island, and very possibly this decision surely you must feel recompensed by the may be reversed by the final authority. knowledge of the value of your work. You have set a standard of unceasing industry, of

The case has some points of similarity untiring energy, of high administrative abil- with that of Mr. Turner, who was deity, and of single-minded devotion to duty tained because, in the opinion of the which your successor will find it difficult to authorities, he came under the definition equal, no matter how good a man he may be.

of an Anarchist. He voluntarily returned Not only the citizens of the metropolis, to England before the final decision was but all American citizens, will echo the made. When The Outlook reported the President's words, for the port of New case of Mr. Turner, it pointed out that York is the entry at which the vast ma- the Government had a perfect right to jority of immigrants arrive. Mr. Will

. Mr. Will- exclude any person or persons not deiams found conditions of anarchy pre- sired, and the concurrent right to lay vailing at Ellis Island, the immigrant down a law of definition of such a class station; he retires from a superintend- of persons as it does not desire to receive ence of that station leaving conditions in this country. This was done under of order. The extremely exacting duties Section 48 of the Immigrant Laws as of this office tax the ability, energy, tactregards Anarchists, and the question as and judgment of any man.

It is a

to whether or not an individual is an National misfortune that one who unites Anarchist was left to the determination these qualities in so marked a degree as of a Special Board of Inquiry, with the does Mr. Williams must, in justice to right of appeal to the Secretary of himself, retire from a position which Commerce and Labor. It is perfectly he has signally honored. In common evident, however, that it is the moral with his many admirers, The Outlook duty of the Government to see that wishes that some provision could have under such a restriction injustice is not

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done and that a competent and satisfac- ent that the failure of the police to put tory method of determining the actual an end to gambling is due either to belief of an immigrant is provided. inefficiency or to collusion. Since Mr. It is a task requiring intelligence and Jerome succeeded in driving out of busidiscrimination to decide whether a man ness in New York Richard Canfield, the is or is not an Anarchist under the biggest of the gamblers, he has been meaning of the law, and whether or not quietly preparing for an extension of his he is dangerous or undesirable as a campaign and gathering material for use future citizen of this country. Mr.

Mr. under the provisions of the Dowling Law. Bishop, who is a boiler-maker by trade, He first tried to give the police force is said to be able to support himself, every opportunity to make use of the and in every respect_except possibly weapon which he had obtained for them, as to his opinions—is above the average and when they were unable either to find of immigrants. He declared in answer to gambling-houses or to obtain evidence a close questioning that he was opposed against them, he took the fight into his to force, did not believe in mob rule but own hands. He began with “Honest in majority rule, was opposed to the John” Kelly, who has been for ten years principles of Anarchism, and that he one of the best-known gamblers in the was a follower of Karl Marx and believed Tenderloin district. Mr. Jerome delivin Socialism as represented by the po- ered at various times five subpænas for litical movement in the United States Kelly to Captain Cottrell, of the “Tengoing under that name. This would derloin ” Precinct. Four of these were seem to be a perfectly clear statement, returned to him with the statement that and nothing but ignorance could fail to Kelly could not be found, and the fifth

, recognize a wide difference and even was in some way lost. For many months opposition between Socialism and An- a uniformed policeman has been sta archism. An answer, however, obtained tioned in front of the house where Kelly from Mr. Bishop to an involved hypo- formerly ran a gambling-place, while thetical question, was decided by the only two doors away he has been doing Board of Inquiry to imply that Mr. a thriving business.

When Captain Bishop might countenance force as Cottrell was unable to serve any of the a political method. If the newspaper subpænas, Mr. Jerome quietly sent for reports on the subject are correct, this Kelly and asked him to call at his office. conclusion was reached only by unfairly He did so, and when confronted with twisting the reply to a half-understood the evidence which Mr. Jerome had coland involved question. If this is so, a lected, he confessed that he had been reversal of the decision can hardly be running a gambling-house, consented to

a denied. The whole incident is impor- the seizure of all his gambling paraphertant only as showing the necessity of nalia, agreed to discontinue business at providing a careful and scientific method once, and promised that at any time the of applying such a difficult and delicate District Attorney or any of his repreprovision as that involved in this case. sentatives would be freely admitted to

the house. By the same methods, gamDistrict Attorney Jerome, bler after gambler has been brought to of New York, has con- the District Attorney's office and, under

vincingly demonstrated the pressure which Mr. Jerome has been during the past two weeks that the Dow- able to bring to bear, has been compelled ling Law, which was passed by the New to confess, to deliver up all his gambling York Legislature last winter through his apparatus, and to agree not to run a efforts, is an efficient weapon for the pre- gambling-house in New York again. A vention of gambling in New York State. storeroom in the Criminal Courts buildHe has succeeded in closing, without the ing is filled with faro-tables, roulettenecessity of making a single raid, from a wheels, playing-cards, poker-chips, and dozen to twenty of the largest and most all the other paraphernalia of first-class prosperous gambling-houses in the city, gambling-houses, which are soon to be and by so doing he has made it appar- destroyed by Mr. Jerome's men.

The Rout of the

Gamblers

Civil Service

The waste of life in this co-operation of the United States GovWaste by Fire

country through so-called ernment, is conducting an investigation accidents, which in a great majority of of fire conditions in all the larger cities. cases are due to haste and carelessness, When that report is made, it will be a has been widely commented on of late, document of National interest and imboth here and abroad. The New York portance, for it ought to settle a number “Sun” calls attention to the same Na- of questions with regard to modern tional fault in another direction—the construction and to the possibility of enormous waste of property by fire, which protecting the community against the reached, last year, the total of $230,000,- enormous waste of fire. 000, a perceptible percentage of the wealth of the Nation. The average waste of property by fire is about $150,

In its twenty-first annual 000,000 annually, and must be reckoned

National and State report to the President one of the greatest drains on the wealth

the Federal Civil Seryof the country and one of the most seri- ice Commission is able to make the gratious taxes on its strength and resources, fying statement that no need has arisen falling with special weight on productive for further legislation beyond what is industries. The number of fires and the required to meet the added expense of vast loss which they entail compels a conducting examinations. A further rate of premium which, as the “Sun” gratifying statement is found in the fact says, constitutes “an onerous and dis- that during the past year the Civil Servcouraging tax on industrial enterprises." ice Act has been made continually more In spite of these high rates, the earnings effective. The increase in the number of the insurance business are compara- of persons examined over the previous tively small; and it is estimated that the year was fifteen per cent., and in the loss by fire last year reached a sum number appointed twenty per cent. The which was equal to the net profits of the greatest increases were in examinations insurance companies in the country for for rural carriers, stenographers, typethe preceding ten years. These facts writers, and for the navy-yard service. constitute a very serious indictment of A third gratfying statement is that conAmerican business methods; there is cerning the “ back door" of the service something wrong in the perspective of a namely, appointments to the classified people who continue to build in such a service through transfers, reinstatements, way as to make possible a definite per- suspensions of the rules, and temporary centage of loss of the value of the busi- appointments. These have been less ness of the country annually. It is dis- numerous than in former years, and show couraging to note the fact that the waste a correspondingly increased observance by fire has more than doubled since the of the rule. Another notable event of era of steel-frame building began about the week as regards Civil Service Reform twenty years ago.

This form of struc- was Governor La Follette's recommendature has made possible great buildings tion in his inaugural address at Madison, into which are packed enormous quan- Wisconsin. While the people elect the tities of merchandise of all kinds, the State officers, the county officers, and the “ Insurance Press ” declaring in a recent principal officers of the cities, these offinumber that in eighty-eight cities there cers have to call to their assistance large are single blocks or squares in which numbers of men who, under one desigare contained goods which may be de- nation or another, are expected to perstroyed by fire ranging in value from form the labor of administering the $1,000,000 to $25,000,000. New York government. How shall the latter be heads the list with several districts in selected, and with what tenure shall they which $25,000,000 worth of combustible hold their respective positions ? The merchandise is stored. Million-dollar fires only proper test, we believe, is that of have become so frequent that very little merit. As Governor La Follette deattention is paid to them. The National clares, to say that the test of party servBoard of Fire Underwriters, with the ice should be applied is just as undemo

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