Section 4 prescribes the examination of specimens of food and

drugs in the Bureau of Chemistry, and section 5 relates to

prosecutions for violation of the Act. Sections 6, 7, and 8

define adulteration and misbranding, as follows:

"Section 6. That the term ‘drug,’ as used in this Act, shall

include all medicines and preparations recognized in the

United States Pharmacopoeia or National Formulary for internal

or external use, and any substance or mixture of substances

intended to be used for the cure, mitigation, or prevention of

disease of either man or other animals. The term ‘food,’ as

used herein, shall include all articles used for food, drink,

confectionery, or condiment by man or other animals, whether

simple, mixed, or compound.

"Section 7. That for the purposes of this Act an article shall

be deemed to be adulterated:

"In case of drugs:

"First. If, when a drug is sold under or by a name recognized

in the United States Pharmacopoeia or National Formulary, it

differs from the standard of strength, quality, or purity, as

determined by the test laid down in the United States

Pharmacopoeia or National Formulary official at the time of

investigation: _Provided_, That no drug defined in the

United States Pharmacopoeia or National Formulary shall be

deemed to be adulterated under this provision if the standard

of strength, quality, or purity be plainly stated upon the

bottle, box, or other container thereof although the standard

may differ from that determined by the test laid down in the

United States Pharmacopoeia or National Formulary.

"Second. If its strength or purity fall below the professed

standard or quality under which it is sold.

"In the case of confectionery:

"If it contain terra alba, barytes, talc, chrome yellow, or

other mineral substance or poisonous color or flavor, or other

ingredient deleterious or detrimental to health, or any

vinous, malt or spirituous liquor or compound or narcotic

drug.

"In the case of food:

"First.

If any substance has been mixed and packed with it so as to

reduce or lower or injuriously affect its quality or strength.

"Second.

If any substance has been substituted wholly or in part for

the article.

"Third.

If any valuable constituent of the article has been wholly or

in part abstracted.

"Fourth.

If it be mixed, colored, powdered, coated, or stained in a

manner whereby damage or inferiority is concealed.

"Fifth.

If it contain any added poisonous or other added deleterious

ingredient which may render such article injurious to health:

_Provided_, That when in the preparation of food products

for shipment they are preserved by any external application

applied in such manner that the preservative is necessarily

removed mechanically, or by maceration in water, or otherwise,

and directions for the removal of said preservative shall be

printed on the covering of the package, the provisions of this

Act shall be construed as applying only when said products are

ready for consumption.

"Sixth.

If it consists in whole or in part of a filthy, decomposed, or

putrid animal or vegetable substance, or any portion of an

animal unfit for food, whether manufactured or not, or if it

is the product of a diseased animal, or one that has died

otherwise than by slaughter.

"Section 8.

That the term ‘misbranded,’ as used herein, shall apply to all

drugs, or articles of food, or articles which enter into the

composition of food, the package or label of which shall bear

any statement, design, or device regarding such article, or

the ingredients or substances contained therein which shall be

false or misleading in any particular, and to any food or drug

product which is falsely branded as to the State, Territory,

or country in which it is manufactured or produced.

"That for the purposes of this Act an article shall also be

deemed to be misbranded:

"In case of drugs:

"First.

If it be an imitation of or offered for sale under the name of

another article.

{522}

"Second.

If the contents of the package as originally put up shall have

been removed, in whole or in part, and other contents shall

have been placed in such package, or if the package fail to

bear a statement on the label of the quantity or proportion of

any alcohol, morphine, opium, cocaine, heroin, alpha or beta

eucaine, chloroform, cannabis indica, chloral hydrate, or

acetanilide, or any derivative or preparation of any of such

substances contained therein.

"In the case of food:

"First.

If it be an imitation of or offered for sale under the

distinctive name of another article.

"Second.

If it be labeled or branded so as to deceive or mislead the

purchaser, or purport to be a foreign product when not so, or

if the contents of the package as originally put up shall have

been removed in whole or in part and other contents shall have

been placed in such package, or if it fail to bear a statement

on the label of the quantity or proportion of any morphine,

opium, cocaine, heroin, alpha or beta eucaine, chloroform,

cannabis indica, chloral hydrate, or acetanilide, or any

derivative or preparation of any of such substances contained

therein.

"Third.

If in package form, and the contents are stated in terms of

weight or measure, they are not plainly and correctly stated

on the outside of the package.

"Fourth.

If the package containing it or its label shall bear any

statement, design, or device regarding the ingredients or the

substances contained therein, which statement, design, or

device shall be false or misleading in any particular:

_Provided_, That an article of food which does not

contain any added poisonous or deleterious ingredients shall

not be deemed to be adulterated or misbranded in the following

cases:

"First.

In the case of mixtures or compounds which may be now or from

time to time hereafter known as articles of food, under their

own distinctive names, and not an imitation of or offered for

sale under the distinctive name of another article, if the

name be accompanied on the same label or brand with a

statement of the place where said article has been

manufactured or produced.

"Second.

In the case of articles labeled, branded, or tagged so as to

plainly indicate that they are compounds, imitations, or

blends, and the word ‘compound,’ ‘imitation,’ or ‘blend,’ as

the case may be, is plainly stated on the package in which it

is offered for sale: _Provided_, That the term blend as

used herein shall be construed to mean a mixture of like

substances, not excluding harmless coloring or flavoring

ingredients used for the purpose of coloring and flavoring

only: _And provided further_, That nothing in this Act

shall be construed as requiring or compelling proprietors or

manufacturers of proprietary foods which contain no

unwholesome added ingredient to disclose their trade formulas,

except in so far as the provisions of this Act may require to

secure freedom from adulteration or misbranding."

There was never a harder fight in Congress than that by which

this victory was won, over knaveries that, were not ashamed to

insist on their right to swindle and poison the public by

adulterations and frauds. Nothing but a thoroughly roused

public feeling carried the measure through. The same feeling

impelled local legislation to the same end in thirty-two

States, during 1906, and 1907, all of which is set forth in

the Bulletin cited above and in another of the same series

(No. 112), published in two parts in the following year.

Writing in January, 1908, of what the Pure Food Law had

accomplished, the Chairman of the Food Committee of the

National Consumers League, Alice Lakey, said: "One of the most

important results of the Pure Food Law is the awakening of

many consumers to their responsibilities as buyers of food

products. They are studying labels and buying foods

accordingly. With an intelligent consuming public to purchase

goods, the Pure Food Law will in time accomplish its full

purpose. Perhaps no better phrase will then be found to

describe it than the recent utterance of the manager of one of

the most important food firms in the country. ‘The Pure Food

Law,’ he said, ‘passed by this Government, is the most

important law ever passed by any government.’"

PUBLIC HEALTH: United States: A. D. 1906.

The Packing-House Investigation.

One of the influences which forced the passage through

Congress of the pure food legislation of 1906 came from the

revelations in a report laid before the President on the 4th

of June that year, by two commissioners whom he had appointed

to investigate the conditions existing at the stockyards and

packing-houses of Chicago. In communicating the report to

Congress the President characterized its disclosures as

revolting, and it is certain that the whole public was

sickened by the pictures it drew of reckless filthiness

prevailing in the establishments where meats were prepared for

sale in the markets of the country and of the world. We shall

not attempt to reproduce them here.

The most important part of the report concerned the existing

methods of official inspection of meats. The commissioners

found it most rigorous where it is needed least, namely, at

the time of killing. It was while the meat was being handled,

and especially in its preparation for canning, that it

underwent the most pollution. The cans which received it

finally were allowed to bear labels stating that "the contents

of this package have been inspected according to the Act of

Congress of March 3, 1891. Quality Guaranteed." As a matter of

fact, all that had been inspected was the carcass of the

animal at the time of killing.

The further legislation, respecting inspections, which

supplemented the law quoted from above, was resisted with all

their power by the enormously rich meat-packing companies of

the country, who found strong supporters in Congress, but they

had to submit to defeat.

PUBLIC HEALTH:

The Sleeping Sickness in Africa.

"The most formidable enemy of both man and beast in tropical

Africa is the tsetse, species _Glossina_, a genus of

blood-sucking fly peculiar to that land, which carries a

minute parasite, the trypanosome, from the infected to the

healthy, resulting in the production of sleeping sickness,

or trypanosomiasis. When it is known that in the region lying

around Victoria Nyanza, Lake Tanganyika, and the Victorian

Nile over 400,000 human beings have succumbed to this fatal

malady since it appeared about ten years ago, its appalling

nature is apparent. Vast territories of thickly populated,

fertile country near the shores of these lakes, until the

advent of this terrible plague the homes of a happy, contented

people, are now almost depopulated, and thousands of little

villages have been swept away, their inhabitants victims of

this deadly pest.

{523}

"In appearance the tsetse fly bears a remarkable resemblance

to the ordinary house-fly, but is slightly larger, with longer

wings, which extend beyond its body and lap each other when at

rest like the blades of a pair of scissors. It is somber gray,

nearly black in color, almost like the honey-bee, and has a

prominent proboscis ensheathed in the palpi which project

horizontally in front of its head. The abdomen is marked by

four distinct yellowish bands, with a pale spot over the upper

segment. It is wonderfully active, and evades every attempt at

capture except in the cool of the morning or evening, when its

movements are sluggish and it can be caught in the hand. …

"Sleeping sickness has been known in Sierra Leone, in the

Congo, and on the west coast of Africa since the earliest

history of those lands. In 1870 a fossil tsetse fly (Glossina

morsitans) was discovered in Colorado, and the theory has been

advanced that the absence of wild horses on the American

continent was due to the ravages of the disease carried by

these flies.

"The malady was described as early as 1803, and later most

accurately by Livingstone, the great missionary explorer. He

also advocated arsenic in its treatment. This remedy, after

half a century of research and investigation, still retains

its place as the best one known for prolonging life. …

"The period of the incubation of the disease after the bite of

the infected fly varies from a month to several years,

depending upon the resisting power of the patient. In its

earlier stages the first noticeable symptoms are irregular

fever. … This stage may continue a year, or even longer.

"In the following stage the symptoms are due to the

trypanosomes reaching the cerebrospinal fluid, giving rise to

cerebral manifestations; drowsiness, stupor, dullness of

hearing, slowness in perception and of answering questions,

with incapacity for mental exertion, and somnolence, the

patient sometimes sleeping the entire day. This condition may

continue several years, during which time epileptiform

convulsions develop, with marked tremulousness of the muscles

of the face and tongue, the patient becoming maniacal and the

whole symptomatology resembling that of general paresis of the

insane. …

"Previous to 1901 sleeping sickness was unknown in Uganda. How

the present epidemic originated is not positively known. The

most generally accepted theory is that the soldiers of Emin

Pasha and their followers introduced it, as some ten thousand

of them settled in Busoga after the Sudan campaign. …

"The duration of the sleeping sickness in man is very

variable. Occasionally cases linger six or even eight years,

and until the expiration of this period they are constant foci

of infection.

"Recognizing the fatal nature of the disease, the various

nations whose territories are most seriously affected, notably

England, Germany, Portugal, France, and Belgium, appointed

commissioners, with competent assistants, to ascertain methods

for its control. The enormous amount of investigation and

research accomplished by these self-sacrificing men, among

whom may be mentioned Bruce, Koch, Hodges, Broden, Tullock,

Kopke, Martin, Hardy, and Kleine, two of whom forfeited their

lives in the work, entitles their names to be enrolled among

the benefactors of mankind."

_Louis L. Seaman,

The Sleeping Sickness

(The Outlook, January 15, 1909)._

PUBLIC HEALTH: Tuberculosis:

The Organized Warfare for its Eradication.

After the discovery of the all important fact that the most

destroying of the diseases of the human race, tuberculosis

(the dread "consumption" of the older-fashioned nomenclature

of pathology), is in its nature one so propagated from victim

to victim that the propagation is needless, and may absolutely

be ended by right precautions universally applied, there were

ardent workers soon engaged in eager efforts to bring such

measures into use. The beginning of a hopefully inspired

warfare against the disease dates, therefore, from the

identification of the bacillus of tuberculosis by Dr. Robert

Koch, in 1882; but, for nearly two decades after that

inspiration it was little more than a guerrilla undertaking,

by scientifically benevolent individuals and groups, here and

there in the world. It was not until the latest years of the

nineteenth century and the earliest of the twentieth that more

public risings appeared in the movement, and it began to

acquire the momentum of a crusade.

Germany appears to have been earliest in the fundamental

organization of measures to instruct its people in the nature

of the disease, and in the means by which it may be stamped

out; as well as in the provision of special sanatoria and

hospitals for the new open-air treatment of those attacked.

But the Health Department of the City of New York has the

credit of being the first official body to bring the disease

under efficient administrative control. On this subject Dr.

Hermann M. Biggs, in an address delivered, February 16, 1904,

under the auspices of the Henry Phipps Institute and published

in the first annual report of the Institute, said:

"Notwithstanding all that has been said and written,

notwithstanding the popular education and agitation,

notwithstanding the formation of antituberculosis societies

and antituberculosis leagues, notwithstanding the organization

of many associations for the erection of sanatoria, and the

foundation of institutions for the study of tuberculosis,

notwithstanding the measures adopted for the prevention of the

disease in animals, still only a very small percentage of the

governmental, municipal and state sanitary authorities of this

country, Great Britain and the Continent have adopted

provisions which can be regarded as in any way comprehensive,

or effective in dealing with this disease.

{524}

"If we seek for an adequate explanation for this attitude, it

is not, after all, difficult to find. In speaking of this

matter several years ago, Koch said in substance to the

writer: ‘The adoption in Germany of such measures as are

already in force in New York City will not be possible until

the generation of medical men now in control have passed away.

Not until a younger generation has appeared, which has had a

different scientific training, and holds views more in harmony

with the known facts regarding the etiology of tuberculosis,

will it be possible in my opinion to bring about an

intelligent supervision of this disease. … Notification is a

necessary preliminary to any plan of supervision, and yet only

five years ago a special commission of the Academy of Medicine

of Paris reported against a proposition to place tuberculosis

in the class of notifiable diseases. … Sir Richard Thorne, the

Medical Officer to the Local Government Board of Great

Britain, in the Harben lecture in 1898 on ‘The Administrative

Control of Tuberculosis,’ after a careful consideration of the

various problems presented under the English law relating to

infectious diseases, pronounced definitely against this

proposition, on the ground that the hardship to the

individual, which would follow notification and the

enforcement of proper regulations, would be so great as to

render this measure unjustifiable. … The compulsory

notification and registration of all cases is essential. The

fundamental importance of this measure is so evident that its

consideration seems hardly necessary. It must of course appear

at once that unless there is a system of compulsory

notification, and registration, the enforcement of any uniform

measures for prevention is impossible. Practical experience

with this procedure has made it perfectly clear that the

objections which have been urged against it are without force

or foundation.

"In New York City in 1893 a system of partially voluntary and

partially compulsory notification was adopted. Public

institutions were required to report cases coming under their

supervision; private physicians were requested to do this.

Under this provision the Department of Health carried on this

work for three and a half years, and then adopted in 1897

regulations requiring the notification of all cases. … The

mere fact of notification and registration has in itself a

very powerful educational influence. During the year 1902 more

than sixteen thousand cases were reported to the Department of

Health in New York City, of which forty-two hundred were

duplicates, and in 1903 more than seventeen thousand cases

were reported.

"To facilitate the early and definite diagnosis of all cases

of pulmonary tuberculosis, the sanitary authorities should

afford facilities for the free bacteriological examination of

the sputum in all instances of suspected disease. … The

Department of Health of New York City provided facilities for

such examinations in 1894, early in the history of its attempt

to exercise control over the disease, and this procedure has

proved of very great value to the medical profession, to the

sick, and to the authorities. Following the example of New

York City, other sanitary authorities have adopted similar

measures."

_H. M. Biggs,

The Administrative Control of Tuberculosis

(First Annual Report, Henry Phipps Institute, 1905)._

In 1895 a Central Committee was organized in Germany to

establish special hospitals for the disease.

In 1898 the first National Congress for discussion and better

organization of action relative to tuberculosis was held at

Paris, with some attendance from outside of France. The second

National Congress was at Berlin in the following year, with

similar attendance from other countries, and the third at

Naples in 1900. At the Naples Congress a "Central

International Committee for the Prevention of Tuberculosis"

was organized, and it held its first Conference in Berlin,

under the auspices of the Central German Committee, in 1902.

The succeeding meetings of the Central International Committee

were at Paris, 1903, at Copenhagen, 1904, at Paris again,

1904, and there, at that time, the First International

Congress on Tuberculosis was held.

In 1901 the first National Congress in Great Britain for the

discussion of Tuberculosis and for organizing preventive

undertakings was held at London. There were said to be then

fifty sanitaria for its treatment in Germany; in France a

dozen private and two public institutions for the purpose; in

France and Belgium a number of public dispensaries specially

provided for the disease. In that year the State of New York

made its first appropriation for a Tuberculosis Hospital in

the Adirondacks, and a National Sanitarium Association at

Toronto, Canada, secured the site for a hospital.

In 1902, at the annual meeting of the Canada Association for

the Prevention of Tuberculosis, held at Ottawa, Dr. A. S.

Knopf, of New York, speaking of the progress of the

anti-tuberculosis movement, said of the United States: "We

have but a few small societies striving to do the same work

you are doing. They are the Pennsylvania, the Colorado, the

Ohio, the Maine, the Minnesota and the Illinois." Besides

these State Associations the speaker mentioned a few

cities,—Baltimore, Buffalo and Erie County, Cleveland, and St.

Louis,—as having some organization for the work. No national

organization had yet been formed. In this year, however, some

advances of importance within the United States were begun.

Henry Phipps, of New York, pledged the means for supporting a

free Clinic for Tuberculosis at Philadelphia, which expanded

within a year into the Henry Phipps Institute, founded on the

1st of February and incorporated September 1st, 1903, the

purposes of which, as set forth in its charter, are: "The

study of the cause, treatment, and prevention of tuberculosis,

and the dissemination of knowledge on these subjects; the

treatment and the cure of consumptives"; its benefits to be

"administered without regard to race, creed or color." In this

year, too, an active educational work, by weekly free lectures

in the Assembly Hall of the United Charities Building, by

distributing pamphlets, district nursing, etc., was opened in

the City of New York and conducted by a Committee for the

Prevention of Tuberculosis. Massachusetts was now

appropriating money for its second sanatorium. In Great

Britain, Sir Edward Cassell placed £200,000 at the disposal of

the King for Tuberculosis hospitals and Sanatoria.

{525}

The year 1903 witnessed an important meeting at Paris of the

Central International Tuberculosis Committee, which was

stirred by an appeal from Casimir-Perier, ex-President of

France, for "a mobilization of all social forces" against the

devastating disease. The Government of Sweden instituted a

free distribution of pamphlets on the subject of Tuberculosis

throughout the kingdom. In Great Britain a national committee,

representing all important friendly societies and trade

unions, was formed to promote the establishing of sanatoria

for workers. In Belgium, Madame Rene Gauge started the

movement for Open Air Schools. At Baltimore a Tuberculosis

Exhibition which awakened wide interest was arranged by a

Commission appointed by the Governor of Maryland in the

previous year, in cooperation with the Maryland Public Health

Association. State and City organizations for dealing with the

disease and for educating the people to a right understanding

of the means by which it might be stamped out were now

multiplying rapidly throughout the United States.

In 1904 the United States obtained their first comprehensive

organization for the work. The National Association for Study

and Prevention of Tuberculosis was formed at a large meeting

at Atlantic City in June, with Dr. Edward Trudeau of Saranac,

founder of the Saranac cottage sanatoria and pioneer in

America of the open air treatment of the disease, for its

President, and Drs. William Osier, of Baltimore, and Hermann

M. Biggs for Vice Presidents. In Boston, that year, no less

than eighty-one free lectures on Tuberculosis were given in

schools, churches, social settlements, before trade unions and

clubs, under the auspices of the Boston Association, and

70,000 instructive leaflets were distributed. In France a

special Society for the Protection of Children from

Tuberculosis was formed. The Garment-makers Union and the

Typographical Union of New York entered jointly into

undertakings of educational work among their members, and the

Central Federated Union was soon enlisted with them. A

Directory of Institutions and Societies dealing with

Tuberculosis in the United States, published in January, 1905,

described 125 then existing hospitals and sanatoria in which

consumptives may receive treatment, and 32 special

dispensaries; recounting, also, special measures for the

treatment of the disease in penal institutions and hospitals

for the insane.

The most important campaign of 1905 in the crusade, within the

American field, was probably that connected with the great

Tuberculosis Exposition in New York City, prepared and

conducted by the National Association, in cooperation with the

Committee of the New York Charity Organization Society. New

York City, in this year, appropriated $250,000 for a Municipal

Tuberculosis Hospital, located in the Catskill Mountains.

In 1906 a duplication of the Tuberculosis Exposition of the

previous December in New York was carried, as a travelling

exhibit, to different parts of the city, with impressive

effect; and similar exhibits were given in eleven cities of

the United States. It was reported in this year that about

fifty local commissions and associations were actively in

operation in the United States; and that the American

Federation of Labor, as well as the American Federation of

Women’s Clubs, were enlisted with earnestness in the work. The

Fifth International Conference was held this year at The

Hague.

From this time the public awakening to recognition of the

measureless importance and the inspiring hopefulness of the

struggle to extinguish the deadly "white plague" spread

rapidly everywhere, and each year made increasing records of

gains in the work and its effects. Fourteen of the American

States were reported in 1907 as having founded State hospitals

for the disease, supported from public funds, while measures

were in progress to that end in a number of other States.

In 1908 a most powerful impulse to the crusade in America was

imparted by the meeting at Washington, that year, of the

International Congress on Tuberculosis, with a large

attendance of the most distinguished captains of the warfare

from abroad. The local interest aroused was beyond

expectation. As one writer described the meetings of the seven

sections of the Congress, from September 28 to October 3,

"scientists of international reputation and doctors from

country villages, clubwomen, architects, social workers,

manufacturers, teachers, labor men, Socialists, literary men,

lawyers and lawmakers, society women, and the clergy, were all

there, not only to listen, but to take part."

The subjects which received the most discussion at the

Congress were the compulsory notification of pulmonary

tuberculosis, the cooperation between official and

non-official agencies for the prevention of the disease, the

relationship between dispensaries, sanatoria, and hospitals

for advanced cases, and the difference between the human and

the bovine types of the bacillus. On this latter subject Dr.

Koch, who was present, maintained his belief that bovine

tuberculosis is not communicable to mankind, but failed to

convince the majority of the scientists present. The British

delegates to the Congress in their subsequent report of it,

published in April, 1909, attached particular importance to

the discussions on the subject of the compulsory notification

of cases of tuberculosis, and pointed out that in New York the

notifications were shown to be four times as numerous as the

deaths, which indicated a more complete system than any yet

operative in Great Britain. It appeared from their report,

however, that, since the Washington meeting, the system of

voluntary notification already practised in many parts of

England had been extended by order of the Local Government

Board, and rendered compulsory in the case of all patients

suffering from pulmonary tuberculosis, who came under the

official care of a parochial medical officer.

Statistics quoted in the New York _Evening Post_ of May

8, 1909, from the _Imperial Gazette_, show that in recent

years there has been a steady decrease in the number of deaths

in Germany from tuberculosis, and especially from tuberculosis

of the lungs. The figures are based upon the monthly reports

of deaths in 350 of the largest centres of population in the

empire, and upon annual reports as to the causes of deaths

from nearly all districts, as supplied to the Imperial Board

of Health. The average of deaths per 100,000 in 1905 was

226.6. In 1908 the average had fallen to 192.15. For the rural

and urban population combined statistics are forthcoming for

97 per cent. of the total population, divided into two

classes—persons below the age of fifteen, and persons between

fifteen and sixty.

{526}

In the latter class the average number of deaths annually

between 1898 and 1902 from tuberculosis in all forms was

268.5, and from tuberculosis of the lungs, 255.7 per 100,000.

During the period 1903-1907 the annual averages decreased to

242.8 and 228.8 per 100,000, respectively. The figures,

however, for tuberculosis of all kinds among children between

the ages of one year and fifteen show an average annual

increase in deaths per 100,000 from 77.9 during the period

1898-1902 to 81.1 during the period 1903-1907. Yet during the

latter period of five years the actual number of deaths among

children has gradually decreased from 16,250 in 1905 to 14,283

in 1907. For the two classes together the annual average of

deaths per 100,000 was as follows: From 1898-1902—from

tuberculosis in all forms, 214.1, and from tuberculosis of the

lungs 195.2; from 1903-1907—from tuberculosis in all forms

197.8, and from tuberculosis of the lungs 174.2.

According to a bulletin published in October, 1909, by Cressy

L. Wilbur, Chief Statistician of the division of Vital

Statistics in the United States Census Bureau, the warfare

against tuberculosis has begun to show general effects in the

United States. The statistics given are based on the annual

returns of deaths from the death-registration areas of the

country, which are far from comprehending the whole. The total

number of deaths from all forms of tuberculosis returned in

1908 was 78,289, exceeding those of any previous year of

registration, but the death rate per 100,000 for 1908 is

considerably less than that for 1907. In all registration

States the death from tuberculosis showed a decline, except in

Colorado, Rhode Island, and Vermont.

A Press despatch from Washington, August 9, 1909, announced

that "a plan for the organization of negro anti-tuberculosis

leagues in the various States, proposed recently by the United

States Public Health and Marine Hospital Service, has met with

a quick response. Already five State organizations have been

formed, and the movement has received the endorsement of the

last conference of the State and Territorial boards of health.

State leagues have been formed in Georgia, Louisiana,

Mississippi, North Carolina, and Virginia. One of the

principal features of the plan is the issuance of a large

certificate of membership to each supporter of the movement.

Branches of the State leagues are to be established in the

various negro churches."

In July, 1909, the Metropolitan Life Insurance Company made

application to the New York State Insurance Department for

permission to purchase a tract of land, 3000 acres or more,

and erect thereon a sanatorium for the treatment of its

employees, and possibly of its policy-holders who suffered

from tuberculosis. The company was said to have ascertained

that among the holders of its 9,000,000 policies there

occurred, on the average, a death every thirty-two minutes

from tuberculosis, and that, regarded wholly from the economic

standpoint, it would be more than justified in applying its

funds to such a measure for saving or prolonging life in that

body of people. The Superintendent of Insurance was unable,

however, to find any warrant in law for authorizing the

undertaking, and felt required to deny the application. The

company appealed from his decision to the courts, and the

Appellate Division of the Supreme Court of the State handed

down a decision early in January, 1910, declaring the plan to

purchase real estate to be used as a hospital for the care and

treatment of its employees who are afflicted with tuberculosis

does not violate that provision of the law which prohibits

insurance companies from acquiring real estate for any purpose

other than that of the transaction of their own business. "The

court passes lightly over the question of the possibility of

the hospital being used, in case vacancies exist in it, for

the accommodation of selected cases from among the

policy-holders. This possibility, it seems, had been indicated

in the original petition, but ‘the briefs of counsel upon

either side,’ says the court, ‘have practically eliminated

that question.’ In such a use of the hospital there might be

serious question of a precedent that would be open to grave

objection."

Gifts to the amount of $700,000 for the establishment of a

tuberculosis preventorium for children were announced from New

York, through the Associated Press, November 9, 1909. The

further statement was made that, "in connection with the

tuberculosis preventorium a movement has been organized which

purposes to take from New York tenements children who have

been affected with tuberculosis and restore them to normal

health before it is too late. The plan was formally organized

at a meeting this afternoon in the Fifth avenue residence of

Henry Phipps. A contribution to the work by Nathan Straus

includes a $500,000 cottage and estate at Lakewood, New

Jersey, occupied by the late Grover Cleveland just before his

death. There the new institution will have its home. Miss

Dorothy Whitney contributed a $100,000 endowment fund."

PUBLIC HEALTH: Yellow Fever:

Eradication in Cuba, at Rio Janeiro,

and in French Western Africa.

"Three signal victories have been gained over yellow fever

during these later years—in Cuba, in Brazil, and in Dakar, in

West Africa. The first is the most memorable of these events.

It is the purification of the endemic center at Habana. This

occurred in 1901, during the United States occupation. The

daily press in countless articles has spread the details. We

know that Brigadier General Leonard Wood, governor of Habana,

decreed one fine day that the plague should be wiped out and

the mosquitoes destroyed throughout the entire city of Habana

and its suburbs, and we know that it was done. …

"The theory was that the mosquito is the sole disseminator of

the disease. This is precisely what the United States

commission, appointed the year before, had just proven. It had

shown that all the other supposed cases of contagion were

imaginary. …

"The yellow fever Stegomya does not breed in swamps. It has

not the habits of the Anophele of the marsh, the malaria

mosquito. It does not live like that one, in the open country,

but dwells in houses. It is a domestic insect. It stays at

home, is wary, and is sensitive to the weather. Like many

other mosquitoes, it never goes more than 500 or 600 yards

away from its breeding place and journeys only when its home

—a vessel or a carriage—journeys. There is no need to fear

that the insect may be carried far by the wind, for it dreads

the wind. It does not trust itself outdoors when there is the

slightest breeze. The problem is thus simplified.

{527}

It is no longer a question of protecting immense areas. It is

enough to protect the house and its immediate environs—the

city and a limited surrounding zone. Still it would be useless

to capture the insect on the wing or at rest. It is permitted

to complete its short life, but is not allowed to have

offspring . The female is prevented from laying its eggs. This

is accomplished by draining stagnant water left in so many

gardens and household utensils where the mosquito seeks a

breeding place. Hence the efficacy of the measures which

forbade the people of Habana from keeping water in any other

way than in covered receptacles or with a coat of oil or

petroleum on top.

"The success of the measures taken by the American physicians,

Gorgas, Finlay, and Guiteras, in Habana, was complete. Yellow

fever has disappeared from there. On April 4, 1904, the

President of the Republic of Cuba, in his message to the

Congress, spoke thus:

"‘There has not been in Cuba since 1901 a single case of

yellow fever not imported. The country should know of this

excellent sanitary condition, which is due to the perfection

of prophylactic measures and the vigilance of the health

authorities.’

"Events happened in the same way in Brazil. Dr. Oswald Cruz,

in charge of the organization of the campaign against yellow

fever, with equal success repeated at Rio de Janeiro what had

been done in Habana. The enforcement of the measures began

April 20, 1903. The mortality which before had averaged 150

deaths a month fell to 8 in the month of April and to 4 in

June. In January, 1904, there were recorded only 3 deaths.

"France decided to follow these encouraging examples. The

governor-general of French Western Africa, M. Roume, adopted

an administration analogous to that of Habana and Rio de

Janeiro, and he knew how to profit by these examples."

_A. Dastre,

The Fight against Yellow Fever

(Annual Report, Smithsonian Institution,

1904-1905, pages 348-350)._

----------PUBLIC HEALTH: End--------

PUBLIC UTILITIES, Regulation of:

The New York and Wisconsin Laws.

The most comprehensive and well-prepared legislation yet

directed in the United States to the control and regulation of

corporations which render services to the public, of the

nature described by the term "public utilities," is

undoubtedly embodied in the New York and Wisconsin laws,

enacted in 1907. Both States, and many others, had

experimented previously with measures for establishing a

certain degree of supervision and regulation over railway

corporations, gas companies, and the like, dealing separately

with them; but, excepting perhaps, in the case of

Massachusetts, this had not been satisfactorily effective.

Governor Hughes, of New York, was the real author of the

Public Utilities Law enacted in that State in 1907, and his

influence was the impelling force which carried it through the

Legislature.

See(in this Volume)

NEW YORK STATE: A. D. 1906-1910).

Almost equally, ex-Governor La Follette must be credited, not

immediately, but primarily, with the organization of the

forces which brought out the Wisconsin Law.

The two enactments are compared by Professor John R. Commons

in an article published in the _American Review of

Reviews_, of August, 1907, from which the following

passages are quoted:

"The Wisconsin and New York laws are alike in that both State

utilities like railroads and municipal utilities like gas are

brought under the regulation of the same commission. They

differ from the laws of Massachusetts, which provide a

separate commission for railways. These three States, however,

are the only ones that regulate municipal utilities through a

State commission. Many other States have railroad commissions,

but they leave whatever regulation they have of local

utilities to the local governments. … A significant feature of

the Wisconsin legislation is its disregard of stocks and bonds

and its reliance on the physical valuation of the property as

the first step in regulation. The New York law and the

Street-Railway law of Massachusetts attack the problem of

regulation through the control of future capitalization. The

New York commissions have power to prohibit the issue and

transfer of stocks, bonds, and other evidence of indebtedness,

and to prevent the transfer of shares to holding companies.

The Wisconsin law begins at the other end of the problem and,

for the purpose both of regulation and of publicity, inquires

into the present structural value of the property. This does

not mean that the commission shall disregard other elements of

valuation,—in fact, it is required by the law to take all

elements into account, as indeed the courts would require if

it did not. But the physical valuation is necessary in order

that the public and the courts may know exactly how much is

allowed for the other elements. The commission is required to

value all of the properties in the State and to publish both

the actual value ascertained when all elements are taken into

account and the physical value ascertained by its engineers. …

"The [Wisconsin] law as finally adopted consists really of

three laws: First, an amendment to the Railway law of 1905,

placing telegraph companies and street railways under the same

provisions as steam railways and interurban electric lines;

second, the Public-Utilities law proper, regulating heat,

light, water, power, and telephone companies; third, a

Street-Railway law providing for indeterminate permits similar

to those of the Public-Utilities law. A fourth bill, requiring

physical connection and prohibiting duplication of telephone

exchanges, was defeated by a vote of the Assembly."

The New York Law created two Public Utilities Commissions of

five members each, one having jurisdiction in a district

comprising New York City alone, the district of the other

(known as the Up-State Commission) comprehending the remainder

of the State. The five-year terms of the Commissioners expire

in successive years. Appointed by the Governor, they are

intended to be men of the highest character and

qualifications, and receive salaries of $15,000 each. The

appointments by Governor Hughes for the New York City

Commission were of ex-Postmaster William R. Wilcox, William

McCarroll, Edward M. Bassett, Milo R. Maltbie, John E. Eustis.

For the Up-State Commission he named originally Honorable

Frank W. Stevens, of Jamestown, Charles H. Keep, of Buffalo,

Thomas M. Osborne, of Auburn, James E. Sague and Martin S.

Decker. Mr. Keep resigned subsequently to accept the

presidency of an important New York City bank, and John B.

Olmsted, of Buffalo, was appointed in his place.

{528}

PUBLIC UTILITIES:

New York City Gas Company.

In 1906 the New York Legislature passed a bill reducing the

price of gas in New York City to 80 cents per thousand feet.

The gas companies claimed that this rate was confiscatory.

Pending final decision of the matter the citizens were

compelled to pay the old rate of $1.00 per thousand.

Ultimately the law was sustained, and the gas companies

refunded over eight millions of dollars in 1909 to the

consumers of the past three years.

See, also (in this Volume),

RAILWAYS.

PUNJAB: The Plague.

See (in this Volume)

PUBLIC HEALTH: BUBONIC PLAGUE.

PUNJAB:

Terrific Earthquake.

See(in this Volume)

EARTHQUAKES: INDIA: A. D. 1905.

PURE FOOD LEGISLATION.

See (in this Volume)

PUBLIC HEALTH.

PU-YI (Hsuan-Tung):

Child Emperor of China.

See (in this Volume)

CHINA: A. D. 1908 (NOVEMBER).

Q.

QUEBEC, City of: A. D. 1908.

Tercentenary Celebration of its Founding.

See (in this Volume)

CANADA: A. D. 1908 (JULY).

QUEBEC, Province of: A. D. 1901.

Census.

See (in this Volume)

CANADA: A. D. 1901-1902.

R.

----------RACE PROBLEMS: Start--------

RACE PROBLEMS: In Australia:

Between Europeans and Asiatics.

"Australia occupies a unique position among the nations. It is

an island, lying far from the populated centres of the Old

World and in close proximity to Java and the teeming millions

of Southern and Eastern Asia, who at any time may bear down in

flood upon the scanty forces of the defenders. These pent-up

myriads are at present in a state of unrest, and there are

evidences of a distinct inclination on their part to break

bounds and descend upon the coasts of the great southern land.

On the north-eastern shores of the continent they have already

broken through the thin red line of the British, and have

firmly established themselves in the country beyond. Thursday

Island, which stands at the northern entrance of the passage

between the Great Barrier Reef and the shores of Queensland,

has been styled the Gibraltar of Australia, and large sums of

money have been spent by the Imperial and Australian

Governments in fortifying it. Since it became open to the

Eastern nations, the Japanese have discovered twenty different

channels through the reef, by any one of which they could

avoid the forts and gain an entrance to the sea within the

barrier. A few years ago there were 2000 Europeans on Thursday

Island, engaged in the pearl-shelling industry; but they were

gradually elbowed out until to-day they number less than 100.

"The late Professor C. H. Pearson, at one time Minister for

Education in Victoria, and one of the most intellectual

statesmen who ever resided in Australia, in his _National

Life and Character_, admirably summarised the dangers to

which his adopted country was exposed by reason of its

situation, and the motives which actuated the various colonial

Governments in passing enactments designed to place some

restriction on the wholesale flooding of their territories.

"‘The fear of Chinese immigration which the Australian

democracy cherishes, and which Englishmen at home find it hard

to understand, is, in fact, the instinct of self-preservation,

quickened by experience. We know that coloured and white

labour cannot exist side by side; we are well aware that China

can swamp us with a single year’s surplus of population; and

we know that if national existence is sacrificed to the

working of a few mines and sugar plantations, it is not the

Englishmen in Australia alone, but the whole civilised world

that will be the losers. Transform the northern half of our

continent into a Natal, with thirteen out of fourteen

belonging to an inferior race, and the southern half will

speedily approximate to the condition of Cape Colony, where

the whites are indeed a masterful minority, but still only as

one in four. We are guarding the last part of the world in

which the higher races can live and increase freely for the

higher civilisation. It is idle to say that if all this should

come to pass our pride of place will not be humiliated. We are

struggling among ourselves for supremacy in a world which we

thought as destined to belong to the Aryan race and to the

Christian faith, to the letters and arts and charm of social

manners which we have inherited from the best times of the

past. We shall wake to find ourselves elbowed and hustled,

perhaps even thrust aside by peoples whom we looked down upon

as servile and thought of as bound always to minister to our

needs.’ …

"The Greater Britain that is to be may be the best security

for the Mother Land in years to come, and her natural ally and

friend. Australian statesmen claim that they are not only

safe-guarding British interests, but also legislating for

posterity and looking forward to the time—perhaps a century

hence—when the population of the Commonwealth may be one

hundred millions or even more.

{529}

"At the present the Australian race is in a plastic condition,

and whether it will become, as Marcus Clarke predicted, ‘a

fierce and turbulent democracy, sweeping contemporary

civilisation before it,’ or, as seems more probable, a

practical and enlightened people, troubles it little. Leaders

and followers of every political cast, Conservatives,

Liberals, and Radicals, have now but one national ideal—Purity

of Race. They recognise that hybrids cannot make a great

nation; that an infusion of Chinese, Japanese, or Indo-Chinese

blood must result in race deterioration; and that, if they are

to live happily and prosperously, it must be with no strangers

within their gates other than those of Caucasian descent who

are able to conform to the conditions and customs of civilised

communities."

_O. P. Law, W. T. Gill,

A White Australia

(Nineteenth Century, January, 1904)._

"The great Australian Commonwealth has indeed gone very far in

many directions in its war against workers of other races than

the white. Thus, no contract can be made for the carrying of

Australian mails with any steamship line which allows a

colored man to work on any of its ships. This is a new

measure, and it has been of late the subject of a lively

controversy between the Australian government and the two

Chamberlains in London,—namely, Mr. Joseph Chamberlain, the

colonial secretary, and his son, Mr. Austin Chamberlain, who

is now serving as British postmaster-general.

"The fact is that mail-carrying steamship companies which have

hitherto performed the service of carrying mails back and

forth between Great Britain and the Australian ports have been

largely manned by dark-skinned British subjects who are

natives of India, and the British Government is under a

special obligation not to discriminate against these Indians

in view of certain clauses in what is known as the Mutiny Act

in India. These same ships, it is to be remembered, will

carry, also, the Indian mails, and it would be manifestly

impossible for Lord Curzon’s government of India to join in

mail contracts containing clauses excluding dark-skinned men

from employment."

_American Review of Reviews,

September, 1903._

See (in this Volume)

AUSTRALIA: A. D. 1905-1906, and 1909.

RACE PROBLEMS: In Canada:

Hostility to Asiatic Labor.

Restriction of Chinese Immigration.

Riotous attacks on Japanese, Chinese, and Hindu

Laborers in British Columbia.

The opposition of organized labor to Asiatic immigration, on

the Canadian Pacific Coast, directed first against an influx

of Chinese, brought about, in 1904, the imposition of a

head-tax of $500 on every person of Chinese origin entering

Canada thereafter, with the following exceptions:

"(a) The members of the diplomatic corps, or other government

representatives, their suites and their servants, and consuls

and consular agents;

"(b) The children born in Canada of parents of Chinese origin

and who have left Canada for educational or other purposes, on

substantiating their identity to the satisfaction of the

controller at the port or place where they seek to enter on

their return;

"(c) Merchants, their wives and children, the wives and

children of clergymen, tourists, men of science and students,

who shall substantiate their status to the satisfaction of the

controller, subject to the approval of the Minister, or who

are bearers of certificates of identity, or other similar

documents issued by the government or by a recognized official

or representative of the government whose subjects they are,

specifying their occupation and their object in coming into

Canada."

This was an effective restriction; but left the door open to

other "coolie" laborers, so-called, from Japan and India,

whence large numbers were soon coming into British Columbia,

and the labor agitation was directed against them, on the

Canadian as well as the United States side of the line in the

farther Northwest. It came to its climax of violence in the

fall of 1907, when serious riots broke out at Vancouver,

British Columbia, and at Bellingham, in the State of

Washington. Many hundreds of Japanese, Chinese, and Hindus had

been employed in the lumber mills and canneries of the

Washington and British Columbia coast towns, displacing white

labor. "In each case a mob of white men raided the mills where

the foreigners were employed, battered down the doors of their

lodging houses, dragged the Hindus from their beds, and drove

them with violence from the town. The Hindus of Bellingham

fled northward to the protection of the British flag. At

Vancouver the rioters also attacked Chinese and Japanese

merchants and laborers, breaking into their shops and

pillaging and destroying $20,000 worth of property. Two

thousand Chinese and Japanese were driven from their homes.

Later, a number of Japanese immigrants, just landed from a

steamer, were attacked and in the riot that followed Baron

Ishii, chief of the Japanese Bureau of Foreign Commerce, was

severely injured. The Orientals, under the leadership of the

Japanese, immediately organized for defense, and, having

secured firearms and other weapons, the situation took on a

very serious aspect."

The situation was made especially embarrassing to the British

and Canadian Governments by the relations of alliance existing

between Great Britain and Japan, and by the fact that the

Hindus attacked are British subjects, having their established

rights as such. But skilful and careful handling of the matter

was successful in quieting the trouble, possibly in a lasting

way. The Japanese Government, on its own part, has undertaken

to restrict the emigration of its laboring classes to Canada

as well as to the United States.

Important changes in the regulations governing the immigration

of Chinese were announced in a despatch from Ottawa, July 11,

1909:

"While the poll-tax of £100 on coolies is retained, the

restrictions applicable to students and the sons of Chinese

merchants are considerably modified. Students who already

possess a liberal education, but desire to pursue a higher

course of study in any Canadian University or college, are

exempt from the tax. Students who intend to pursue their

studies in the Dominion but are unable to produce proof of

their status on entry are required to deposit the amount of

the tax, but the money will be refunded on production of a

certificate that they have passed two scholastic years at some

seat of learning. The present law permits all Chinese visiting

China to return to Canada within a year without a second

payment. This has been a hardship to Chinese who have been

ill. The new regulation, therefore, extends the time of

exemption in such cases to 18 months, provided that

satisfactory proof be furnished."

{530}

RACE PROBLEMS: In Jamaica: Between White and Black:

The Problem Non-existent.

Solved by Good Sense, Right Feeling, and Just Law.

In the _International Journal of Ethics_ for May, 1906,

Professor Royce reports of several visits to Jamaica,—where

14,000 or 15,000 white inhabitants are living with about

650,000 black and mulatto people,—that he had found no race

problem existing—no racial antagonism—no public discussion of

race equality or superiority. He accounts for this untroubled

relation between colored and uncolored fellow citizens and

neighbors as follows:

"When once the sad period of emancipation and of subsequent

occasional disorder was passed, the Englishman did in Jamaica

what he has so often and so well done elsewhere. He organized

his colony; he established good local courts, which gained by

square treatment the confidence of the blacks. The judges of

such courts were Englishmen. The English ruler also provided a

good country constabulary, in which native blacks also found

service, and in which they could exercise authority over other

blacks. Black men, in other words, were trained,—under English

management, of course,—to police black men. A sound civil

service was also organized; and in that educated negroes found

in due time their place, while the chiefs of each branch of

the service were and are, in the main, Englishmen. The excise

and the health services, both of which are very highly

developed, have brought the law near to the life of the

humblest negro, in ways which he sometimes finds, of course,

restraining, but which he also frequently finds beneficent.

Hence, he is accustomed to the law; he sees its ministers

often, and often, too, as men of his own race; and in the main

he is fond of order, and respectful toward the established

ways of society. The Jamaica negro is described by those who

know him as especially fond of bringing his petty quarrels and

personal grievances into court. He is litigious just as he is

vivacious. But this confidence in the law is just what the

courts have encouraged. That is one way, in fact, to deal with

the too forward and strident negro. Encourage him to air his

grievances in court, listen to him patiently, and fine him

when he deserves fines. That is a truly English type of social

pedagogy. It works in the direction of making the negro a

conscious helper toward good social order.

"Administration, I say, has done the larger half of the work

of solving Jamaica’s race problem. Administration has filled

the Island with good roads, has reduced to a minimum the

tropical diseases by means of an excellent health service, has

taught the population loyalty and order, has led them some

steps already on the long road ‘up from slavery,’ has given

them, in many cases, the true self-respect of those who

themselves officially cooperate in the work of the law, and it

has done this without any such result as our Southern friends

nowadays conceive when they think of what is called ‘negro

domination.’ Administration has allayed ancient irritations.

It has gone far to offset the serious economic and tropical

troubles from which Jamaica meanwhile suffers.

"Yes, the work has been done by administration,—and by

reticence. For the Englishman, in his official and

governmental dealings with backward peoples, has a great way

of being superior without very often publicly saying that he

is superior. You well know that in dealing, as an individual,

with other individuals trouble is seldom made by the fact that

you are actually the superior of another man in any respect.

The trouble comes when you tell the other man too stridently

that you are his superior. Be my superior, quietly, simply

showing your superiority in your deeds, and very likely I

shall love you for the very fact of your superiority. For we

all love our leaders. But tell me that I am your inferior, and

then perhaps I may grow boyish, and may throw stones. Well, it

is so with races. Grant, then, that yours is the superior

race. Then you can afford to say little about that subject in

your public dealings with the backward race. Superiority is

best shown by good deeds and by few boasts."

RACE PROBLEMS: In South Africa:

Between White and Black.

"The native population of Africa south of the Zambesi is ten

millions. The white population is under one million. To-day

the majority of the natives are in a semi-savage condition.

But the day may come when they shall have emerged from that

condition, and have attained the degree of civilisation which

prevails amongst the negroes, their kindred, in the United

States. The process of evolution has begun. When it is

completed, the relative position of the black and white

populations in South Africa will be—what? Look to the United

States and you shall find some hint of the answer.

"The native population of Cape Colony, including the

territories, is, in round numbers, 1,200,000, and the white

population 377,000. Day by day the power of the native grows.

The gate of the political arena stands wide open to him, and

he is not slow to enter. With the exception of natives

occupying lands under tribal tenure (an important exception,

but one that is constantly diminishing), every male person,

irrespective of colour, race, and creed, and above the age of

twenty-one years, and born or naturalised a British subject,

is entitled to the full franchise after one year’s residence

in the Colony, provided he occupies property of the value of

£75 or is in receipt of wages of not less than £50 annually,

and is able to sign his name and state in writing his address

and occupation. Such a franchise would horrify the average

American in the South, and unquestionably it will have to be

radically amended unless the colonists are prepared to endure

political annihilation. At present neither Bondsman nor

Progressive will face the situation. Neither wishes to

alienate the substantial aid which his party gets from the

natives. …

"Bitter as the feud between Englishman and Dutchman is to-day,

it will pass when both realise, as they are bound sooner or

later to realise, that only by presenting a solid front to the

oncoming hordes of superficially civilised blacks can they

escape complete annihilation. For generations, if not for all

time, the natives in South Africa must enormously outnumber

the whites. In the olden days, tribal wars and wars with the

white man, to say nothing of famines, and pestilence, served

to counterbalance the prolificness of the native. These checks

are no more."

_Roderick Jones,

The Black Peril in South Africa

(Nineteenth Century, May, 1904)._

On the suffrage question for natives, connected with the Union

of South African States.

See (in this Volume)

SOUTH AFRICA: A. D. 1908-1909.

{531}

RACE PROBLEMS: A. D. 1903-1908.

Between Boers and British Indians.

The British Government has many troublesome problems to deal

with, as the consequence of its having drawn the reins of its

sovereignty over the necks of a motley multitude of races; but

none among them, perhaps, has been more delicately difficult

than one which arose between its native subjects in India, who

pressed with eagerness into South African fields of trade, and

its Boer subjects in South Africa, who have been stubbornly

opposed to their doing so. Great Britain has had the most

pressing reasons for avoiding offence to either of these

peoples, and no controversy could have arisen more

unfortunately in its circumstances and time.

Before the Boer-British War, there had been Indian complaints

of ill-treatment in the Transvaal, which added something to

the controversies of Great Britain with the South African

Republic. After the war, when British authority had become

supreme at Pretoria, it found a legacy of existing law which

was embarrassing at once. The situation was described in a

despatch of May 11, 1903, from Viscount Milner, the British

High Commissioner, to the Colonial Secretary at London, Mr.

Chamberlain, in which he attempted to exhibit, as he said,

"the difficulty which besets any kind of action on this thorny

question." The Government, he wrote, is "between two fires. On

the one hand, it is accused of not enforcing the present law

with sufficient strictness and is called upon to legislate in

the direction of a complete exclusion of Asiatics, except as

indentured labourers. Even in that capacity, their

introduction meets with strenuous opposition. On the other

hand, the Asiatics, of whom British Indians form by far the

most numerous section, not only protest against any fresh

legislation but demand the repeal of the existing law.

"The position which the Government of the Transvaal have taken

up in the matter is one of which I entirely approve. They are

unwilling, without the previous approval of His Majesty’s

Government, to embark on any legislation on this subject, to

the difficulties of which they are fully alive, and have

accordingly decided that, pending fresh legislation, they have

no option but to carry out the existing law. They are anxious,

however, to do so in the manner most considerate to the

Indians already settled in the country, and with the greatest

respect for vested interests, even where these have been

allowed to spring up contrary to law. This is in accordance

with the principle on which they have proceeded throughout,

namely, that the laws of the late Republic, imperfect as they

are in many respects, and contrary, very often, to British

ideas, must, nevertheless, be enforced until they can be

replaced by more satisfactory legislation."

The desired new legislation on this "thorny question" does not

seem to have been attempted during the period in which local

self-government in the Transvaal was entirely suspended; but

in 1906, after the first step toward its restoration had been

taken, the semi-autonomous authority then organized there

adopted an ordinance on the subject of Asiatic residence in

the Colony which Lord Elgin, who had succeeded Mr. Chamberlain

in the Colonial Office, disapproved. In the next year,

however, when the full measure of colonial autonomy had been

conferred by the Imperial Government (see, in this Volume,

SOUTH AFRICA: A. D. 1905-1907), essentially the same

provisions were embodied in an enactment by the new Transvaal

Legislature, entitled "The Asiatic Law Amendment Act, 1907,"

and Lord Elgin could not venture to disapprove them again, for

the reasons which he stated thus to the Colonial Governor:

"The Act which is now submitted has behind it a very different

weight of authority. It has been introduced by the first

responsible Ministry of the Colony, and has been passed

unanimously by both Houses of the new Legislature. I consider

it my duty to place it on record that His Majesty’s Government

do not consider the position of Asiatics lawfully resident in

the Transvaal, as settled by this Act, to be satisfactory;

that they adhere to the opinions which have been expressed by

successive Secretaries of State as to the desirability of

relaxing the restrictions to which Asiatics are at present

subject; and that they commend this view to the Transvaal

Government in the hope that it may be carefully considered how

far practical effect can be given to it. But they feel that

they would not be justified in offering resistance to the

general will of the Colony clearly expressed by its first

elected representatives; and I have accordingly to inform you

that His Majesty will not be advised to exercise his power of

disallowance with respect to the Act." This measure was

followed presently by an "Immigrants’ Restriction Act, 1907,"

which accentuated still further the inhospitality of Transvaal

legislation, and made more serious trouble for the British

Government, not only with its Indian subjects, but with the

Chinese. On the effect of the two acts upon British Indians

Lord Elgin wrote to Mr. Morley, Secretary of State for India

(October 10, 1907):

"The practical effect of Section 2 (4) will be to prevent the

further immigration into the Transvaal of British Indians or

other Asiatics. As Mr. Morley is aware, throughout the

correspondence which has passed on this subject, His Majesty’s

Government have practically limited themselves to endeavouring

to secure more favourable treatment for those Asiatics who

have already acquired a right to reside in the Colony, and the

competence of the Colonial Legislature and Government to

restrict further immigration by means of legislation similar

to that already adopted in other self-governing Colonies has

not been disputed. … Moreover, in the interests of British

Indians themselves, it is probably desirable, in view of the

state of Colonial feeling, that further immigration should be

restricted. Lord Elgin does not, therefore, propose to raise

any objection to this provision.

"Section 6 (c) must be considered in connection with the

recent Asiatic Law Amendment Act. Under that Act, Asiatics

failing to register may be ordered to leave the Colony; and

failure to comply with such an order is punishable by

imprisonment. The object of this section, as explained by the

Attorney-General in his report is to enable the Government to

deport, in lieu of imprisoning, Asiatics who fail to register

under the Asiatic Law Amendment Act.

{532}

While Lord Elgin feels that the free exercise of so drastic a

power would be greatly to be deprecated, he doubts whether His

Majesty’s Government can consistently object to a provision

the object of which is to enable the Colonial Government to

enforce the observance of the Asiatic Law Amendment Act, which

His Majesty’s Government have allowed to become law, and to

which the British Indian community appears at present to be

disposed to offer an organised resistance. He therefore

proposes, subject to any representation which Mr. Morley may

wish to make, to accept this provision also."

The India Office could only say in reply:

"Since the Asiatic Law Amendment Act, 1907, has received His

Majesty’s sanction, Mr. Morley recognizes that it would be

inconsistent to object to a clause framed merely in order to

ensure the efficient administration of that Act so far as it

affects persons already in the Transvaal. … It is true that

under the Asiatic Law Amendment Act of 1907, the Colonial

Government may grant temporary permits. Mr. Morley presumes

that this power will, if the occasion arise, be used to

prevent such a gross scandal as the exclusion from the Colony

of ruling chiefs, Indians of distinguished position, and high

officials of Asiatic descent on the ground that they are

‘undesirable immigrants.’ But he thinks that it would be

satisfactory to obtain a definite assurance that in framing

the present Bill the Colonial Government had no intention of

refusing access to Asiatics of this type, and he trusts that

such an assurance will be obtained and placed on record before

the Royal Assent is given to the measure.

"It is unnecessary to point out to Lord Elgin the unfortunate

effect upon public opinion in India which must be produced by

the present Bill. The very peculiar circumstances of the

Transvaal have been held to justify, during the period of

administrative reconstruction, exceptional measures for

dealing with the influx of immigrants; but Mr. Morley did not

understand, when the provisions of the Asiatic Law Amendment

Act were under discussion, that the forthcoming Immigration

Restriction Bill would be so framed as to perpetuate the

exclusion from the Colony of all future Asiatic immigrants

without distinction.

"For these reasons I am to say that Mr. Morley trusts that

Lord Elgin will find it possible to impress upon the

Government of the Transvaal the very strong objections, from

an Imperial point of view, which stand in the way of the

acceptance of Section 2 (4) of the Bill."

The most obnoxious features of the two offensive acts were an

educational qualification, which required applications for

admission to the colony and for trading licenses in it, and

other connected documents, to be written by the applicants in

a European language, Yiddish being recognized as European, and

a prescribed registration which required finger-prints as a

means of identification. Both of these provisions of law were

felt to be insulting and degrading by the Hindus of the better

class, who organized a refusal of submission to them, and

tested them without avail in the courts. Their language was

treated contemptuously in the educational qualification,

while, personally, they were classed with criminals by the

fingerprint identification. The agitators of disaffection in

India made much of these indignities, and the matter was

extremely embarrassing to the British administration there.

For months there seemed no prospect of a solution of the

difficulty; but patient persuasion and tactful pressure

brought, at last, what appeared to be a successful compromise,

announced to the rejoicing Colonial Office at London by the

following telegram from the Governor, January 30, 1908:

"Gandhi and other leaders of Indian and Chinese communities

have offered voluntary registration in a body within three

months, provided signatures only are taken of educated,

propertied, or well-known Asiatics, and finger-prints of the

rest, and that no question against which Asiatics have

religious objection be pressed. Government have accepted this

offer and undertaken pending registration not to enforce the

penalties under Act against all those who register. Sentences

of all Asiatics in prison will be remitted to-morrow. This

course agreed to by both political parties."

Fresh discontents arose subsequently, when amendatory

legislation was brought out, which did not open the colony to

any fresh immigration of Asiatics, even if they could pass an

educational test in a European language; but this has not

appeared to have any of the seriousness of the former

agitation, so far as India is concerned.

Of the intensity of feeling in India, a newspaper

correspondent, writing from Bombay, December 29, 1909, said:

"There is no mistaking the depth of feeling regarding the

protest against the treatment of Indians in the Transvaal.

Every Indian, no matter what may be his politics, feels that

his self-respect is insulted, and demands retaliation by

refusing indentured labour to Natal. Extraordinary scenes

followed Mr. Surendranath Banerjee’s appeal for funds for the

Transvaal sufferers; jewels and money were thrown at his feet

and rupees were poured into his hat. A thousand pounds was

collected. The question is creating profound feeling among all

classes."

RACE PROBLEMS:

The Labor Question as a Race Question.

At a meeting of the Native Labor Association at Johannesburg,

in April, 1909, the President of the Association stated that

the present labor supply was entirely adequate, and that the

mines were not likely to be faced with serious difficulty in

this respect in the immediate future. In the course of 1908

the number of Chinese laborers had decreased in the natural

course by repatriation by 23,303. On the other hand, the

native complement had increased in the same period by 47,766,

giving a net gain of 24,373, which had been further increased

during the first three mouths of the present year. In

explanation of the sudden expansion of the native labor

supply, Mr. Perry pointed, first, to the collapse of the

diamond market; secondly, to the emigration of Kaffirs from

the Cape owing to failure of employment there. The De Beers

Mines, as he was able to show, were actually employing 50,000

fewer hands than before, which, allowing for the difference in

the periods of contract, probably meant a gain to the Rand of

at least 25,000. Similarly, the native statistics published by

the Cape Government indicated an enormous diversion of

labourers to the Rand.

In January, 1909, the London _Times_, reporting the

output of gold from the Transvaal in 1908 as having been

£29,957,610,—an increase of £2,553,872 over 1907, gave the

following statement of labor conditions at that time:

{533}

"The increase has been gradual and quite regular, and may be

expected to continue. The expansion in the gold production has

resulted in the employment of nearly 1,800 more whites than

were at work in January, but coloured labourers are some 4,000

less. The increase in the number of natives employed in gold

mines has been 24,000, while the complement of Chinese coolies

has been depleted by 20,000. At the beginning of the year some

17,500 whites, 133,500 coloured, and 33,800 Chinese were

employed by gold mines; for October the figures read:—Whites

18,300, coloured 157,500, and Chinese 14,300. Native labour is

perhaps the one serious problem which will place limitations

on further expansion. Few of the Chinese will be left by the

end of next year, and they will all have left before the

expiry of 1910. Natives, however, are showing more tendency to

work regularly, and the habit doubtless will grow. It is due

to the Chinese to recognize that they have been useful

workmen, for the improved efficiency of the coloured workman

all round is largely due to the example which they set the

native."

In March, 1909, Colonel Seely, Under Secretary for the

Colonies, in reply to questions in the British House of

Commons, gave the following figures: January, 1907, Chinese

employed, 53,856; whites employed on gold mines, 17,874;

December, 1908, Chinese employed, 12,275; whites employed on

gold mines, 19,605. For 'Witwatersrand, taking natives and

Chinese together the numbers were:—January, 1907, 148,077;

December, 1908, 166,405. The corresponding figures for whites

are:—January, 1907, 17,198; December, 1908, 18,687.

A Johannesburg letter of July 26 to the London _Times_

reported a change in the situation, saying:

"For the half-year upon which we have just entered it requires

no prophet to foretell a more rapid rate of progress, which,

however, may to some extent be limited by a scarcity of native

labour, signs of which have begun to loom on the horizon.

After 18 months or more of steady increase in the number of

native labourers available for work in mines, an increase

which more than counterbalanced the outflow of Chinese labour

through repatriation, the pendulum has begun to swing the

other way, and already the pinch is beginning to make itself

felt in certain mines. During the last two months the excess

of time-expired natives and wastage over the number recruited

has been more than 8000, and repatriated Chinese brings the

total up to 10,000. Considering that the total coloured labour

force employed on the Witwatersrand was over 180,000 in April,

this comparatively small decline under normal conditions

should hardly make itself felt at all. But the conditions are

not normal. An era of expansion set in some 18 months ago

which has been steadily growing, and which has called for an

ever-increasing labour force and in the near future must

require still more and more. How that demand is to be met is

by no means clear."

RACE PROBLEMS: In the United States:

Between its White and Black Citizens:

Booker T. Washington’s solution in progress at Tuskegee.

See (in this Volume)

EDUCATION: UNITED STATES: A. D. 1906.

RACE PROBLEMS:

The "Niagara Movement."

A National Committee for the Advancement of the Negro Race.

In July, 1905, a conference of colored men from North and

South, among whom Professor W. E. Burghardt Du Bois, of

Atlanta, appeared to be the leading spirit, was held at

Buffalo, New York. Its outcome was an organization which has

taken the name of "The Niagara Movement," and which has had

some growth. At the latest annual meeting of the organization,

in Sea Isle City, New Jersey, in August, 1909, ten States were

reported to be represented, and the total membership of the

"Movement" was said to be three hundred, distributed in forty

States. Its objects are indicated in the following passages

from an Address which this meeting adopted:

"For four years the Niagara Movement has struggled to make ten

million Americans of negro descent cease from mere apology and

weak surrender to aggression, and take a firm, unfaltering

stand for justice, manhood, and self-assertion. We are

accumulating property at a constantly accelerating rate; we

are rapidly lowering our rate of illiteracy; but property and

intelligence are of little use unless guided by the great

ideals of freedom, justice, and human brotherhood.

"As a partial result of our effort we are glad to note among

us increasing spiritual unrest, sterner impatience with

cowardice, and deeper determination to be men at any cost. …

"That black men are inherently inferior to whites is a

wide-spread lie which science flatly contradicts, and the

attempt to submerge the colored races is one with world-old

efforts of the wily to exploit the weak. We must, therefore,

make common cause with the oppressed and down-trodden of all

races and peoples; with our kindred of South Africa and the

West Indies, with our fellows in Mexico, India, and Russia,

and with the cause of the working classes everywhere.

"On us rests to no little degree the burden of the cause of

individual freedom, human brotherhood, and universal peace in

a day when America is forgetting her promise and destiny. Let

us work on and never despair because pigmy voices are loudly

praising ill-gotten wealth, big guns, and human degradation.

They but represent back eddies in the tide of time."

Programme of future work adopted included the publication of a

series of small tracts and an almanac, the founding of a

monthly publication, and the purchase of a permanent place of

meeting where an annual Chautauqua will be held.

A Conference of people of both races who are desirous of

organizing more effective endeavors to better the status of

the negro citizens of the United States was held in New York

in May, 1909. It adopted a resolution providing for the

"incorporation of a national committee to be known as a

committee for the advancement of the negro race, to bring that

race from slavery to full citizenship with all the rights and

privileges appertaining thereto," and another resolution for a

Committee of Forty charged with the organization of the

national committee, with power to call the convention in 1910.

{534}

Among other resolutions discussed and adopted were the

following:

"As first and immediate steps toward remedying … national

wrongs, so full of perils for the whites as well as the blacks

of all sections, we demand of Congress and the Executive:

"(1.) That the Constitution be strictly enforced and the civil

rights guaranteed under the Fourteenth Amendment be secured

impartially to all.

"(2.) That there be equal educational opportunities for all

and in all the States, and that public school expenditure be

the same for the negro and white child.

"(3.) That in accordance with the Fifteenth Amendment the

right of the negro to the ballot on the same terms as other

citizens be recognized in every part of the country."

RACE PROBLEMS:

Anti-Negro Riot at Atlanta.

"On the 22d and 23d of September [1906] anti-negro riots broke

out in Atlanta, resulting in the death of twelve or more

negroes and the injury of a great many. There had been an

unusual number of reports of attacks upon white women and

girls by brutal and criminal negroes in the vicinity of

Atlanta during the previous days and weeks. Every report of

this kind had been flaunted with great headlines in a

sensational afternoon newspaper of Atlanta, as if to arouse

the less orderly and thoughtful element of the white

population not merely to the lynching of offenders but to an

attack upon innocent and law-abiding colored people. For a

time the riot was furious and negroes were indiscriminately

assailed. It would seem that most of those who were killed

were absolutely innocent of any offense whatsoever. Their

crime consisted merely in belonging to the negro race. It

would be the height of silliness for criticism to take on a

geographical character. White people in the North are no more

considerate of people against whom they may have a grievance

or a prejudice than are white people in the South. The problem

of adjusting the relations of two races so totally different

as the white race and the negro race where they have to live

together in the same communities is difficult under any

circumstances, and it becomes increasingly so where the

inferior race is present in large numbers and where many of

its members are ill-disciplined, idle, and of criminal

instincts."

_American Review of Reviews,

November, 1906._

"Wherever a colored man was seen he was attacked. The mobs

closed in upon the trolley-cars and dragged the colored

passengers, unprepared for the onslaught, from their seats. A

riotous crowd broke into a shop where there were two negro

barbers, beat them to death and mangled their bodies. One

negro was killed in the shadow of a monument; another was

stabbed to death on the post-office steps. The Governor

mobilized the militia, but the mobs, taking it for granted

that the militiamen were in sympathy with them, showed little

fear of the soldiers. The Mayor of the city remonstrated with

the rioters, but with little result. He called out the fire

department, which cleared the streets by turning the hose on

the mobs. But this only resulted in diverting the riot from

one place in the city to another. Only a rain on Sunday

dampened the ardor of the rioters. Order was outwardly

restored by Sunday evening, but even thereafter negroes were

killed. Even though the riot differed from the Russian variety

in that it was not instigated and abetted by the Government

and the military, it brings nothing but shame to this Nation."

_The Outlook,

September 29, 1906._

RACE PROBLEMS:

The Georgia Railroad Strike.

One of the meanest of recent exhibitions of race animosity was

presented in May and June, 1909, on the occasion of a strike

of white men employed as firemen on the Georgia Railroad

against the employment of blacks in the same capacity.

Generally, the southern railroads have employed, for years,

both white and black firemen. On the Georgia Railroad there

were about sixty of the former and forty of the latter. The

white firemen were eligible to promotion to be engineers; the

blacks were not. By an unwritten law they were excluded from

the higher and better paid service; but as firemen the best

among them had gradually won promotion to the better trains

and better "runs" on the road. It was this fact which caused

the strike of their white associates. As a labor strike it

would have caused little trouble; as a race and color question

it inflamed the State and the South, and disturbed the country

at large for several weeks. The conflict of the railroad

company was not with its own employees but with mobs along its

line, always ready to be maddened by the thought of a negro in

any place which a white man wanted.

A mediation in the matter undertaken, at the instance of

President Taft, by the United States Commissioner of Labor,

Dr. Charles P. Neill, and the Chairman of the Interstate

Commerce Commission, Mr. Martin A. Knapp, succeeded, with much

difficulty, in arranging a reference of the dispute to

arbitration. The chosen arbitrators were Hilary A. Herbert,

named by the railroad company, T. W. Hardwick, named by the

employees, and Chancellor David C. Barrow, of the University

of Georgia, selected by these two. This board of arbitration

gave hearings to both parties and rendered its award on the

27th of June. The main proposition submitted to it by the

employees was in these words: "That the Georgia Railroad

Company and its terminals at Atlanta will not use negroes as

locomotive firemen on the road or in the yards, nor as

hostlers nor assistant hostlers."

On this its decision was as follows: "The Georgia Railroad,

when using negroes as locomotive firemen on the road or in the

yards, or as hostlers, or as hostlers’ helpers, shall pay them

the same wages as white men in similar positions." But the

representative of the employees dissented from this decision

in part, explaining his view, as follows: "In so far as the

above finding permits the continued employment of negro

firemen by the Georgia Railroad, I dissent therefrom, because

I believe from the evidence that such employment is a menace

to the safety of the travelling public. In so far as such

finding requires that when negroes are so employed they shall

receive wages equal to those paid white men, I concur therein,

believing that such requirement, by removing the principal

incentive for their employment, will result in the speedy

elimination of this cheaper labor, and a consequent

improvement of the service."

On most of the minor points in controversy the arbitrators

were agreed in their conclusions, and the settlement of the

whole matter was complete.

{535}

RACE PROBLEMS:

Oriental Labor in Competition with Western Labor.

The Force of the Economic Objection to it in

a Country under the Protective System.

"Behind the economic antipathy to Oriental laborers there is

a justifiable feeling. Where there is established a system of

protection, it is only just that it benefit not only the

capitalist but also the laborer. If the American laborer must

contend as best he can with the laborer whose standard of life

is lower, then the American manufacturer, in fairness, ought

to be let alone in his contest with the foreign manufacturer

who does not pay so much for his labor. _The Outlook_

believes that a condition of such open competition as has

prevailed between the States of the Union would be wholesome

between the nations of the world. But at present the

protective system prevails and apparently is firmly

established in America. So long, therefore, as American

capital is protected, it is a benefit for the whole country to

have American labor protected. And certainly if there is any

body of laborers against which the working people of America

need protection, it is the coolie labor of Asia. The fact that

the Japanese and Chinese laborers enter industries in which

there is a scarcity of whites does not affect the case, for it

is not the direct loss of jobs, but the lowering—or at least

the changing—of the standards of living that brings injury to

the mass."

_The Outlook,

September 21, 1907._

RACE PROBLEMS:

Existing Treaties between the United States and China

concerning the Admission of Chinamen.

Enactments of Law on the Subject.

Correspondence of Wu Ting-fang with Secretary Hay.

For a proper understanding of the questions of national honor

and official civility that are involved in the existing laws

and regulations of the United States which govern the

admission of Chinamen to the country, either as visitors or

immigrants, some attention must be given to a series of

engagements by solemn treaty between the Governments of China

and the United States, respecting the hospitality which each

has pledged itself to give to the citizens of the other. Three

of those treaties remain partly or wholly in force. The

abrogation of the fourth one has a significance of its own.

The earliest of these treaties, negotiated in 1858,

superseding one of 1844, provided very carefully for the good

treatment of American citizens in China, but contains nothing

on the subject of Chinamen in America, probably for the reason

that few of that people had yet travelled so far abroad. The

rights it stipulated for the American who visited or sought

residence in the Celestial Empire were as follows:

"Article XI.

All citizens of the United States of America in China,

peaceably attending to their affairs, being placed on a common

footing of amity and good will with the subjects of China,

shall receive and enjoy for themselves and everything

appertaining to them the protection of the local authorities

of government, who shall defend them from all insult or injury

of any sort. If their dwellings or property be threatened or

attacked by mobs, incendiaries, or other violent or lawless

persons, the local officers, on requisition of the consul,

shall immediately despatch a military force to disperse the

rioters, apprehend the guilty individuals and punish them with

the utmost rigor of the law. Subjects of China guilty of any

criminal act towards citizens of the United States shall be

punished by the Chinese authorities according to the laws of

China. And citizens of the United States, either on shore or

in any merchant vessel, who may insult, trouble or wound the

persons or injure the property of Chinese or commit any other

improper act in China, shall be punished only by the Consul or

other public functionary thereto authorized according to the

laws of the United States. Arrests in order to trial may be

made by either the Chinese or the United States authorities."

Treaty of Peace, Amity, and Commerce, 1858

(Compilation of Treaties in Force, 58th Congress,

2d Session, Senate Document Number 318, page 138).

Ten years later, in 1868, another treaty was negotiated, not

to supersede that of 1858, but to supplement it; and in this

agreement the reciprocation of hospitalities is pledged in the

following distinct and cordial terms:

"Article V.

The United States of America and the Emperor of China

cordially recognize the inherent and inalienable right of man

to change his home and allegiance, and also the mutual

advantage of the free migration and emigration of their

citizens and subjects, respectively, from the one country to

the other, for purposes of curiosity, of trade, or as

permanent residents. The high contracting parties, therefore,

join in reprobating any other than an entirely voluntary

emigration for these purposes. They consequently agree to pass

laws making it a penal offence for a citizen of the United

States or Chinese subjects to take Chinese subjects either to

the United States or to any other foreign country, or for a

Chinese subject or citizen of the United States to take

citizens of the United States to China or to any other foreign

country, without their free and voluntary consent,

respectively.

"Article VI.

Citizens of the United States visiting or residing in China

shall enjoy the same privileges, immunities or exemptions in

respect to travel or residence as may there be enjoyed by the

citizens or subjects of the most favored nation. And,

reciprocally, Chinese subjects visiting or residing in the

United States shall enjoy the same privileges, immunities, and

exemptions in respect to travel or residence, as may there be

enjoyed by the citizens or subjects of the most favored

nation. But nothing herein contained shall be held to confer

naturalization upon citizens of the United States in China,

nor upon the subjects of China in the United States.

"Article VII.

Citizens of the United States shall enjoy all the privileges

of the public educational institutions under the control of

the Government of China, and, reciprocally, Chinese subjects

shall enjoy all the privileges of the public educational

institutions under the control of the Government of the United

States, which are enjoyed in the respective countries by the

citizens or subjects of the most favored nation. The citizens

of the United States may freely establish and maintain schools

within the Empire of China at those places where foreigners

are by treaty permitted to reside, and reciprocally, Chinese

subjects may enjoy the same privileges and immunities in the

United States."

_Treaty of Trade, Consuls, and Emigration, 1868

(58th Congress, 2d Session,

Senate Document Number 318, pages 157-158)._

{536}

That this treaty, as well as that of 1858, is still obligatory

in its hospitable spirit and intent, is a fact certified by

the language of the preamble of the treaty negotiated next, by

President Angell, of Michigan University, and other

Commissioners, in 1880. The recital in that preamble of the

purpose of the new agreement was this:

"Whereas, in the eighth year of Hsien Feng, Anno Domini 1858,

a treaty of peace and friendship was concluded between the

United States of America and China, and to which were added,

in the seventh year of Tung Chih, Anno Domini 1868, certain

supplementary articles to the advantage of both parties,

_which supplementary articles were to be perpetually

observed and obeyed:_ and Whereas the Government of the

United States, because of the constantly increasing

immigration of Chinese laborers to the territory of the United

States, and the embarrassments consequent upon such

immigration, now desires to negotiate _a modification of the

existing Treaties which shall not be in direct contravention

of their spirit:_ Now, therefore," &c. The following are

the four articles of the treaty thus explained:

"Article I.

Whenever in the opinion of the Government of the United States

the coming of Chinese laborers to the United States, or their

residence therein, affects or threatens to affect the

interests of that country, or to endanger the good order of

the said country or of any locality within the territory

thereof, the Government of China agrees that the Government of

the United States may regulate, limit, or suspend such coming

or residence, _but may not absolutely prohibit it. The

limitation or suspension shall be reasonable, and shall apply

only to Chinese who may go to the United States as

laborers,_ other classes not being included in the

limitations. Legislation taken in regard to Chinese laborers

will be of such a character only as is necessary to enforce

the regulation, limitation, or suspension of immigration, and

immigrants shall not be subject to personal maltreatment or

abuse.

"Article II.

Chinese subjects, whether proceeding to the United States as

teachers, students, merchants or from curiosity, together with

their body and household servants, and Chinese laborers who

are now in the United States _shall be allowed to go and

come of their own free will and accord, and shall be accorded

all the rights, privileges, immunities, and exemptions which

are accorded to the citizens and subjects of the most favored

nation._

"Article III.

If Chinese laborers, or Chinese of any other class, now either

permanently or temporarily residing in the territory of the

United States, meet with ill treatment at the hands of any

other persons, the Government of the United States will exert

all its power to devise measures for their protection and to

secure to them the same rights, privileges, immunities, and

exemptions as may be enjoyed by the citizens or subjects of

the most favored nation, and to which they are entitled by

treaty.

"Article IV.

The high contracting powers having agreed upon the foregoing

articles, whenever the Government of the United States shall

adopt legislative measures in accordance therewith, such

measures will be communicated to the Government of China. If

the measures as enacted are found to work hardship upon the

subjects of China, the Chinese minister at Washington may

bring the matter to the notice of the Secretary of State of

the United States, who will consider the subject with him; and

the Chinese Foreign Office may also bring the matter to the

notice of the United States minister at Peking and consider

the subject with him, to the end that mutual and unqualified

benefit may result.

This is the latest of the still obligatory engagements by

treaty that bear on the admission of visitors or immigrants

from China to the United States. A fourth treaty, pressed on

the Chinese Government in 1894, permitted the United States,

during a period of ten years, to prohibit entirely the coming

of Chinese laborers within its territory; but the concluding

article of that treaty was as follows:

"This Convention shall remain in force for a period of ten

years beginning with the date of the exchange of

ratifications, and, if six months before the expiration of

said period of ten years, neither Government shall have

formally given notice of its final termination to the other,

it shall remain in full force for another like period of ten

years." The Chinese Government did give the formal notice of

termination within the stipulated time, and the treaty became

void on the 7th of December, 1904.

Hence the Government of the United States is now under the

engagements which it made with the Government of China in

1880, which included an engagement to be faithful to the

hospitable spirit of the compact of 1868. When one has looked

over those engagements of national honor, it seems hard to

harmonize them in spirit, or even in letter, with some of the

enactments which are regulating, at the present day, the

treatment of people from China who venture to approach the

entry ports of the United States. Such, for example, as the

following, from "the Act of May 6, 1882, as amended and added

to by the Act of July 5, 1884," which, according to a recent

official publication of "Laws and Regulations governing the

Admission of Chinese," was "continued in force for an

additional period of ten years from May 5, 1892, by the act of

May 5, 1892, and was, with all laws on this subject in force

on April 29, 1902, reënacted, extended, and continued without

modification, limitation, or condition by the act of April 29,

1902, as amended by the act of April 27, 1904":

"Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That from

and after the passage of this act, and until the expiration of

ten years next after the passage of this act, the coming of

Chinese laborers to the United States be, and the same is

hereby suspended, and during such suspension it shall not be

lawful for any Chinese laborer to come from any foreign port

or place, or having so come to remain within the United

States."

"Section 2.

That the master of any vessel who shall knowingly bring within

the United States on such vessel, and land, or attempt to

land, or permit to be landed any Chinese laborer, from any

foreign port or place, shall be deemed guilty of a

misdemeanor, and, on conviction thereof, shall be punished by

a fine of not more than five hundred dollars for each and

every such Chinese laborer so brought, and may also be

imprisoned for a term not exceeding one year." …

{537}

"Section 6.

That in order to the faithful execution of the provisions of

this act, every Chinese person, other than a laborer, who may

be entitled by said treaty or this act to come within the

United States, and who shall be about to come to the United

States, shall obtain the permission of and be identified as so

entitled by the Chinese Government, or of such other foreign

government of which at the time such Chinese person shall be a

subject, in each case to be evidenced by a certificate issued

by such Government, which certificate shall be in the English

language, and shall show such permission, with the name of the

permitted person in his or her proper signature, and which

certificate shall state the individual, family, and tribal

name in full, title or official rank, if any, the age, height,

and all physical peculiarities, former and present occupation

or profession, when and where and how long pursued, and place

of residence of the person to whom the certificate is issued,

and that such person is entitled by this act to come within

the United States.

"If the person so applying for a certificate shall be a

merchant, said certificate shall in addition to above

requirements, state the nature, character, and estimated value

of the business carried on by him prior to and at the time of

his application as aforesaid: _Provided_, That nothing in

this act nor in said treaty shall be construed as embracing

within the meaning of the word ‘merchant,’ hucksters,

peddlers, or those engaged in taking, drying, or otherwise

preserving shell or other fish for home consumption or

exportation.

"If the certificate be sought for the purpose of travel for

curiosity, it shall also state whether the applicant intends

to pass through or travel within the United States, together

with his financial standing in the country from which such

certificate is desired.

"The certificate provided for in this act, and the identity of

the person named therein shall, before such person goes on

board any vessel to proceed to the United States, be viséd by

the indorsement of the diplomatic representatives of the

United States in the foreign country from which such

certificate issues, or of the consular representative of the

United States at the port or place from which the person named

in the certificate is about to depart; and such diplomatic

representative or consular representative whose indorsement is

so required is hereby empowered, and it shall be his duty,

before indorsing such certificate as aforesaid, to examine

into the truth of the statements set forth in said

certificate, and if he shall find upon examination that said

or any of the statements therein contained are untrue it shall

be his duty to refuse to indorse the same.

"Such certificate viséd as aforesaid shall be prima facie

evidence of the facts set forth therein, and shall be produced

to the Chinese inspector in charge of the port in the district

in the United States at which the person named therein shall

arrive, and afterward produced to the proper authorities of

the United States whenever lawfully demanded, and shall be the

sole evidence permissible on the part of the person so

producing the same to establish a right of entry into the

United States; but said certificate may be controverted and

the facts therein stated disproved by the United States

authorities."

It will be observed that Article IV. of the Treaty of 1880

provides that, if measures enacted in the United States "are

found to work hardship upon the subjects of China, the Chinese

minister at Washington may bring the matter to the notice of

the Secretary of State of the United States, who will consider

the subject with him." One who consults the annual reports

that are published, of "Papers relating to the Foreign

Relations of the United States," will find that the Chinese

Minister at Washington has had occasion very often to bring

cases of the kind thus referred to in the Treaty to the notice

of the Secretary of State, and discovered, when he did so,

almost invariably, that under the enactments complained of the

Secretary of State had no power even to "consider the subject"

of complaint with him. The highly intelligent and keenly

logical Mr. Wu Ting-fang, who represented China at Washington

in 1900-1902, had much correspondence on such matters with

Secretary Hay, whose sympathetic friendliness to China was

well proved; but Mr. Hay could never do more than refer Mr.

Wu’s representations to the Treasury Department and its

officials, who held all authority in the matter, and politely

return to the Chinese Minister such responses as they put into

his hands. The following is one example of Mr. Wu Ting-fang’s

communications. It is dated at Washington, December 26, 1900: