construction of the law is different, but the Commissioner of Navigation does not agree with the gentleman from New York. The Commissioner of Navigation of the United States says it will cut down the air space. The gentleman from New York is entitled to his construction of the law, but I am going to take the construction of the law as handed in here by the Commissioner of Navigation, and not only by the Commissioner of Navigation, but I have talked to a number of people who are interested in the immigrants who are coming to this country, and other people who represent the great labor organizations in this country whose component parts are made up to some extent of immigrants who have come here, and as far as the information I can get from them it is that they are opposed to section 42 being repealed until they can get a fair and honest test of the law that you made, that the Republican party made, saying that you did it because you would not adopt the educational test, but that section 42 would take the place of it and protect the American laborer against the pauper laborer of Europe. Mr. DRISCOLL. Who said that? Mr. HAYES. This bill is the law, with the ambiguity to which I have referred removed. Mr. SHERLEY. At whose suggestion is the removal of the ambiguity? Mr. BENNET of New York. I will say that the request comes from the Commissioner of Navigation. Mr. BURNETT. Did not the steamships and their agents appear before the committee? Mr. BENNET of New York. Never. The steamship companies appeared for the Senate bill, but never for the House bill. Mr. HAYES. This bill is asked for by the Commissioner of Navigation, this section 42, with the possible ambiguity out of it, and 1 foot air space additional on the lower deck. Mr. BURNETT. Is it not true that the Commissioner of Navigation asked for the Senate bill? Mr. HAYES. He wanted the ambiguity, or the possible ambiguity, removed from section 42. That is what he asked for. Mr. BURNETT. How much time has the gentleman from New York [Mr. BENNET] and myself? The SPEAKER pro tempore. The gentleman from Alabama from New York [Mr. BENNET] has eight minutes. Mr. UNDERWOOD. A number of gentlemen on the other [Mr. BURNETT] has seven minutes remaining and the gentleman side of the House. Mr. DRISCOLL. Who? Mr. BURNETT. Mr. Speaker, I yield five minutes to the Mr. UNDERWOOD. I refer the gentleman to the CONGRES- gentleman from Illinois [Mr. SABATH]. Mr. LANGLEY. I never heard it. Mr. UNDERWOOD. You get the CONGRESSIONAL RECORD and you will find the very argument that was made to pass this bill was that section 42 restricted immigration coming into this country. The SPEAKER pro tempore. The time of the gentleman from Alabama has expired. Mr. BURNETT. Will the gentleman use part of his time now? Mr. BENNET of New York. I yield three minutes to the gentleman from California [Mr. HAYES]. Mr. HAYES. Mr. Speaker, this bill has no politics in it, the gentleman from Alabama [Mr. UNDERWOOD] to the contrary notwithstanding. The bill under consideration is intended to remove a possible ambiguity from section 42 of the immigration law, passed by the last Congress. So far as the air space is concerned, it does not affect that law except as to the lowest deck. The upper deck has the same air space provided in this bill as amended, as is required by section 42 of the law of the last Congress. It increases the air space 1 square foot per passenger in the lower deck in order to make the excess over the minimum required in the sleeping space on the two decks the same. It gives 3 feet excess on both the lower and upper decks. Now, the situation is exactly this: The law at present in force requires a minimum of 100 cubic feet per passenger. Section 42 of the law of last year, which does not go into effect until January 1, 1909, increases that air space by providing where the distance is 7 feet or more between the decks there should be a minimum space allowed of 18 superficial feet per passenger on the upper deck and 20 superficial feet per pas senger on the lower deck. This reenacts that provision, except that it increases the superficial feet 1 foot per passenger on the lower deck. That is all there is to it. There is no politics in it. law? Mr. CAULFIELD. What is the reason for changing the Mr. HAYES. The reason is to remove the ambiguity in the law of 1907. Section 42 provides that on the main deck the minimum space allowed is 18 superficial feet per passenger. Now, the main deck is a very uncertain term in the modern ship. The main deck is supposed to be the first deck that runs straight through the whole length of the ship. Mr. BURNETT. I will ask the gentleman if that was not the law since 1882? Mr. HAYES. I am not sure but it was. I think since 1819. There is some dispute about which is the main deck in the modern ship, and in order to remove that dispute this law is framed to remove that possible ambiguity. Some of the steamship companies, as a matter of course, are not desiring to obey the law passed by the last Congress, because, as it has been stated, a few of them will have to reconstruct or change their ships in some respects, although, as I understand it, those that are up to date and modern in construction, as most of them are certainly more than three-fourths, and I do not know but more than nine-tenths, of the ships engaged in the businessprovide the things required by this bill; only a few are not up to this standard, and, of course, they are objecting to this. They do not want this law to go into effect. Mr. SHERLEY. Who is asking for this new law? Mr. SABATH. Mr. Speaker, as has been stated by gentlemen who have preceded me, section 42 of the bill passed by the last Congress provided for certain regulation of steerage passengers. It provided for larger air space in the steerage compartments, so that this class of passengers would not be obliged to put up with the small and incommodious compartments which are now provided for them. Under this act, passed by the last Congress, the steamship companies were given to January 1, 1909, to comply with the new regulations, but instead of making preparation to comply with the provisions of this law, they come in here with crocodile tears in their eyes, as is customary with all these " poor and oppressed corporations" when they are required to do something which will tend to give the people some relief from their abuses, and ask the repeal or change of this section, for no other reason than that it may mean an expenditure of a few thousand dollars and reduce by a few pennies the large dividends they have for years declared, and that at the expense of the limbs, health, and lives of thousands of unfortunate men, women, and children. No one else but these heartless and greedy steamship companies are demanding the passage of this bill in lieu of the act which is to go in force January next. The only argument that they can make against section 42, which is so obnoxious to them, is that it will prevent the use of all the space and would reduce the carrying capacity about 25 per cent. It is on this theory that the steamship companies have been able to enlist the misguided "liberal" immigration advocates, who have not looked carefully into the situation and its attendant evils, and are made unwilling tools of these companies. I presume that nearly every one in this House is fully aware that I am not opposed to liberal immigration, and if I thought that section 42 was enacted for the purpose of restricting or imposing any special hardship on these unfortunate people who, on account of persecutions are seeking our hospitable shores, I would be the last man in the world to oppose the repeal of this section. But, Mr. Speaker, I firmly believe that this section has been enacted from a purely humanitarian standpoint, so as to put an end to the shameful, inhuman, yes, brutal treatment, to which the steerage passengers are subjected. For this reason I am opposed and sincerely believe every Member of this House will be opposed to the passage of this bill. [Applause.] The fact that the steamship companies have been misleading and imposing upon the people of foreign countries by deceptive methods, such as flaring literature and glib agents, instilling into these unsuspecting people great hopes for riches, does not signify that they should also endeavor to employ these despicable methods in this House. [Applause.] Now, Mr. Speaker, I desire to read from a statement made by Mr. S. C. Neale, counsel for the International Mercantile Marine Company, while introducing the vice-president of that company to the Immigration Commission: Mr. Chairınan and gentlemen of the Commission, just before the adjournment of Congress last year the immigration bill was passed, and in that act there is a section known as "section 42." The object of that section was to give greater space to third-class passengers than had been accorded them under the old passenger act of 1882. As soon as that section was brought to the attention of the steamship companies they realized that it would be greatly to their disadvantage. Then he introduced Mr. P. A. S. Franklin, the vice-president of the International Mercantile Marine Company, who stated 7058 that he represented thirty-five steamship companies, and who, in part, said: Mr. BURNETT. Without restricting or reducing the air space. Mr. CHAMBERLAIN. That is a very important structural question Mr. BURNETT. In 1906 they amended the law so as to allow this board of trade to make these regulations; and the board of trade has come along and done this after our law was passed. Mr. HAYES. Undoubtedly with the intention of bringing them here Mr. Chairman and gentlemen of the Commission, we appreciate the We should like very much to opportunity of appearing before you. have section 42 of the act amended to conform more closely to the British Board of Trade regulations, which took effect January 1, 1908. We feel that in adopting section 42 and changing your basis of measurement from the cubical to the superficial you based your section to a and influencing legislation. It was composed certain extent on the board of trade regulations as they then existed. The board of trade committee sat for a long time. It gave this matter very careful consideration. The of very able men. board of trade have now adopted new regulations, which, as I have Section said, took effect January 1, 1908. We desire to place before you those regulations, and to ask you if you can not see your way clear to report something of that kind as an amendment to section 42. 42 would create very serious hardship upon the various steamship companies, because it would reduce their carrying capacity of passengers from 25 to 35 per cent, which we hope is a much larger reduction than you wished to make. We Only eight or nine years ago third-class passengers came aboard steamships with their utensils. Now, in many cases they are provided with dining rooms where they are seated and are served by stewards. There are published bills of fare, and the passengers are given three meals a day and an additional supper at night if they want it. feel that the steamship companies have provided very comfortable accommodations for which, under section 42, they are not given credit; and if section 42 is carried out and the steamship companies have to live up to it, they will have to curtail these outside accommodations which In some cases they will have to they are giving to the passengers. carry passengers in the dining rooms instead of leaving those rooms open for the passengers. Mr. Speaker, you will notice that not only do they come to ask this House to legalize and approve their criminal tortures which they visit upon the steerage passengers, but they threaten that unless we give them that privilege or right which they are seeking they will take the law into their own hands and increase the hardship by discontinuing the very few accommodations which they extend to these steerage passengers. Mr. Speaker, within the last few years nearly every State in the Union passed certain laws to protect and provide for more humane treatment in the transportation of cattle, sheep, and swine, and they met with general approval. Congress passed a law in 1891 which I desire to quote: REGULATION OF CATTLE SHIPS. The Secretary of Agriculture is hereby authorized to examine all vessels which are to carry export cattle from the ports of the United States to foreign countries, and to prescribe by rules and regulations or orders the accommodations which said vessels shall provide for export cattle, as to space, ventilation, fittings, food and water supply, and such other requirements as he may decide to be necessary for the safe and proper transportation and humane treatment of such animals. And again, in 1906, we passed the following law: No railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State or Territory or the District of Columbia into or through another State or Territory or the District of CoJumbia, shall confine the same in cars, boats, or vessels of any description for a period longer than twenty-eight consecutive hours without unloading the same in a humane manner, into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight. It is but fair to ask, in view of this: Is it not only fair but highly proper and opportune to give human beings at least the same consideration and treatment that is given to cattle? I am of the opinion that the steamship companies have been permitted long enough to reap a rich harvest and violate the laws in many different ways and that the time is ripe that a firm stand should be taken against them and force them to comply with section 42, which secures to steerage passengers humane treatment. If the time would permit, I would read the hearing had on this bill, but, that being impossible, I ask to embody in my remarks a certain part of the proceedings before the Committee on Immigration and Naturalization March 24: Mr. ADAIR. And does this bill now proposed lessen the amount of space or increase the amount of space?) Mr. CHAMBERLAIN (Commissioner of Immigration). It increases it over the act of 1882, and it lessens it from what was provided in secIt is about halfway between. tion 42. Mr. ADAIR. What is the real purpose for wanting to lessen it? Mr. CHAMBERLAIN. The real purpose for wanting to lessen it, In the first place, is to bring it into accord with the best law that there is in existence on the subject-the regulations that were framed by the British board of trade shortly after you gentlemen passed this law. Mr. HAYES. It was framed last fall, was it not? Mr. CHAMBERLAIN. Yes; in September. Mr. HAYES. And framed in order that they might bring it here. The British board of trade framed that law, according to my belief, in order that they might bring it here and influence legislation. Mr. SABATH. Is it not true that the only question about the con- Mr. CHAMBERLAIN. That is a very important structural question. Mr. SABATH. We can amend section 42 right here so as to designate Mr. HAYES. Not a bit of doubt in the world. of the hearings before our Commission. Mr. BENNET. Simply from the steamship people and Mr. Chamberlain, who came at our request. Is it not clear to you, Mr. Speaker and gentlemen, who desires the bill and for whose benefit it would operate? I also desire to include extracts from an article in the Home Mission Monthly, January, February, and March (1908) numbers, by an unknown steerage passenger, but submitted to Government authorities at Ellis Island, who do not dispute its truth: numerous. We live in an age of improvements. Charity organizations are The child-labor question, welfare work, tenement-house inA man that drives a sick spection, draw the attention of the multitude. horse is arrested and the horse is cared for; the dog without a master is taken to a dog's hospital. But, strange to say, war goes on and Twentieth century life is a peculiar combina nations murder nations. I have seen steamship companies bathing tion of charity and cruelty. in wealth and dividends at the cost of millions of immigrants who suffer steerage horrors from six to twenty days. Going aboard ship, we were shown into a room that served as a When dinner sleeping room (it contained 290 beds, if you please), dining room, and In vain I looked for a dining room. recreation room. time came we were given a plate, spoon, and cup-the outfit of a No knives, forks, buckets, bath rooms, spittoons, nor refuse buckets, so you can imagine the sanitation of the place. The conditions on the ship are absurd, disgraceful, downhauling. As steerage passenger. there was no place provided for the refuse, many times the refuse and grease were spread all over the steerage deck. In rooms from 50 by 65 feet to 80 by 65 feet there are from 175 to The floor Between the beds there was not an inch of space. They 290 beds. were double-tiered and divided into blocks of thirty-two beds. is of iron and damp. The ventilation-especially in bad weather, when some of the hatches have to be closed-is terrible. There was no place to put baggage but the damp iron deck, upon which the refuse of the meals was thrown, while the consequences of seasickness are scarcely fit to put baggage upon. There being no dining room, we had to eat where we slept. I pitied especially the poor mothers, who had to take care of children. water was all that was available, and that is almost impossible to wash They simply could not keep themselves or their children clean. Salt with. Vermin in abundance is the plague of every woman and child This is a serious matter in the steerage and many of the men as well, and no wonder. No pen can describe the washing and toilet rooms. from a hygienic point of view. The rooms were almost unbearably filthy. During our seventeen days' trip the steerage was washed out but once. As long Driven like cattle in the between-decks, with all hatches closed but one, the air was unbearable, but our protest did not help. as such large numbers of passengers are allowed to occupy such a small space and the conditions are not improved the steerage will continue to be a disgrace to humanity. Mr. Speaker, I also wish to quote the following from the minority report signed by me: Under the law as it now exists the herding together of people who Anyone who travel in the steerage has been the cause of untold suffering, misery, and death among those who have to travel that way. has ever witnessed the plight of those who have to travel in the steerbe shocked at the brutal and even murderous conditions under which We will give one quotation from the age of the large steamships bringing people to America is bound to many of them have to travel. report of Commissioner Watchorn, who has charge of the station at Ellis Island. Referring to section 42, he says: "It is a matter of regret that that portion of the act of February 20, 1907, relating to improved conditions on passenger ships, was not made operative earlier than 1909. During the year just closed 1,506 children have been received at this station afflicted with measles, Of this number, 205 diphtheria, and scarlet fever, all of which diseases are due, more or less, to overcrowding and insanitary conditions. died. This indicates a state of affairs which surely ought to be remedied before 1909, and I respectfully urge that such steps as may be deemed necessary to hasten the going into effect of this humane provision of law may be given the fullest consideration of the Bureau.' We concede that the amendments put on this bill by the House Committee on Immigration make it a great improvement on the Senate bill, and in some respects is probably an improvement on section 42, but fearing the result of an effort to pass this bill through the House, even as amended, may put us back in the clutches of the steamship companies, we believe it dangerous to try to pass the bill through the House even as amended. We know what are frequently the results of the deliberations of conference committees, and we believe that imperfect as section 42 is, we had better give it a fair trial than to begin to change it without Should we go back to the Senate bill, knowing where we will land. the conditions referred to by Commissioner Watchorn will be reinstated, the steamship companies will continue their cruelties to helpless Immigrants who fall into their hands. This is not a question of restriction, for the steamship companies will conform rather than lose the price of the passage of the immigrant, but it is a question of forcing these can not protect themselves against their greed. heartless corporations to have greater care for the lives of those who |