Chapter 164.
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/statutes-at-large/vol-23/chapter-164-1377769·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 164.— AN ACT to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia.February 26, 1885. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Prepayment for transportation of, or assisting foreign emigrants under contract for labor or service made previous to emigration, unlawful.Such contracts void.
That from and after the passage of this act it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Columbia.
Sec. 2. That all contracts or agreements, express or implied, paro, or special, which may hereafter be made by and between any personal company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the performance of labor or service by any person in the United States, its Territories, or the District of Columbia previous to the migration or 333 FORTY-EIGHTH CONGRESS. SESS. II. CH. 164,165. 1885. importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect.
Sec. 3. That for every violation of any of the provisions of sectionPenalty for violation of first section, fine; how recovered. one of this act the person, partnership, company, or corporation violating the same, by knowingly assisting, encouraging or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agreement, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forfeit and pay for every such offence the sum of one thousand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States; and separate suits maybe brought for each alien or foreigner being a party to such contract or agreement aforesaid.
And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States. Sec. 4. That the master of any vessel who shall knowingly bringMaster of vessel, knowingly bringing such emigrant laborer, guilty of misdemeanor, punishable by fine or imprisonment. within the United States on any such vessel, and land, or permit to be landed, from any foreign port or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parol or special, express or implied, to perform labor or service in the United States, 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 alien laborer, mechanic or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six mouths.
Sec. 5. That nothing in this act shall be so construed as to preventForeigners temporarily residing in the United States may engage other foreigners as private secretaries, servants, etc.Skilled workman in foreign countries may be engaged to perform labor in any new industry not established in the United States.*Proviso*.Artists, lecturers, servants, etc., excepted.*Proviso*, as to assisting relatives and friends.Laws conflicting herewith, repealed. any citizen or subject of any foreign country temporarily residing in the United States, either in private or official capacity, from engaging, under contract or otherwise, persons not residents or citizens of the United States to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as aforesaid; nor shall this act be so construed as to prevent any person, or persons, partnership, or corporation from engaging, under contract or agreement, skilled workman in foreign countries to perform labor in the United Stales in or upon any new industry not at present established in the United States: *Prodded*, That skilled labor for that purpose cannot be otherwise obtained; nor shall the provisions of this act apply to professional actors, artists, lecturers, or singers, nor to persons employed strictly as personal or domestic servants: *Provided*, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to the United States, for the purpose of settlement here.
Sec. 6. That all laws or parts of laws conflicting herewith be, and the same are hereby, repealed. Approved, February 26, 1885.