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PAPERS Relating to the Acts passed by the Legislature of the Province of British Columbia during the… British Columbia. Legislative Assembly 1899

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 62 Vict. Report on Acts of 1898. 713
PAPERS
Relating to the Acts passed by the Legislature of the Province of British Columbia
during the Session of 1898.
By Command.
J. FRED HUME,
Provincial Secretary.
Provincial Secretary's Office,
16th January, 1899.
2849.
Extract from a Report of the  Committee of the Honourable the Privy Council, approved by
His Excellency on the 17th December, 1898.
The Committee have had under consideration the annexed report, dated 8th November,
1898, from the Minister of Justice, upon the Statutes of the Province of British Columbia,
passed in the sixty-first year of Her Majesty's reign (1898), and received by the Secretary of
State for Canada on the 8th June, 1898.
The Minister is of opinion that these Statutes may be left to their operation without
comment, with the exception of those specially referred to in the said Report, and which are
the following :—
Chapter 40.—"An Act to give effect to the Revised Statutes of British Columbia."
Chapter 49.—" An Act respecting the Canadian Pacific Navigation Company," (Limited).
Chapter 28.—"An Act relating to the employment of Chinese or Japanese persons on
works carried on under franchises granted by Private Acts."
Chapter 10.—" An Act to confirm an agreement between Her Majesty, in right of Her
Province of British Columbia, and Frank Owen and William John Stokes, and to incorporate
the Cariboo-Omineca Chartered Company."
Section 30 of this Chapter provides, that "No Chinese or Japanese person shall be
employed in the construction or operation of the undertaking hereby authorised, under a
penalty of five dollars per day, for each and every Chinese or Japanese person employed in
contravention of this section, to be recovered on complaint of any person under the provisions
of the 'Summary Convictions Act.'"
Chapters 30, 44, 46, 47, 48, 50, 52, 53,.54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64; each
of these Statutes contains a provision similar to Section 30 of Chapter 10, prohibiting the
employment of Chinese or Japanese persons by the respective companies.
The Committee concur in the said Report and submit the same for Your Excellency's
approval, and advise that a certified copy of this minute, if approved, together with a copy of
the said Report of the Minister of Justice, and of the papers accompanying the same, be
transmitted to the Lieutenant-Governor of the Province of British Columbia, for the information of his Government.
(Signed)        John J. McGee,
Clerk of the Privy Council.
His Honour the Lieutenant-Governor
of the Province of British Columbia. Department of Justice, Canada,
Ottawa, 8th November,  1898.
To His Excellency the Governor-General in Council:
The undersigned has had under consideration the Statutes of the Province of British
Columbia, passed in the sixty-first year of Her Majesty's reign (1898), and received by the
Secretary of State for Canada on 8th June, 1898, and he is of opinion that these Statutes may
be left to their operation without comment, with the exception of those hereafter especially
referred to.
Chapter 40.—"An Act to give effect to the Revised Statutes of British Columbia."
This Statute relates to the recent revision of the Provincial Statutes, and gives effect to
the revision. Without referring particularly to the various objections which have been stated
in the reports of the undersigned's predecessors in office upon the Statutes contained in the
revision from time to time as they were enacted, the undersigned intends that these objections,
so far as applicable, shall be considered to apply to the Revised Statutes. Having regard to
previous comments and to the above observation, the undersigned does not consider it necessary to make any special remarks with regard to any of the Revised Statutes other than
Chapter 107, "The Jurors' Act," as to which he observes that sections 75 to 82, inclusive,
relate to juries in criminal cases, and appear to contain substantially re-enactments of the
corresponding provisions of the Criminal Code, 1892. These affect matters of criminal procedure, and are ultra vires of the Legislature. The undersigned does not propose, on that
account, that the Statute should be disallowed, because the provisions in question are not
inconsistent with the Criminal Code, and to disallow the Statute which gives effect to the
revision might cause serious inconvenience. It is very undesirable, however, that a Provincial
Legislature should enact rules of criminal procedure, even although they be copied from the
Criminal Code. Such rules can receive no effect from Provincial enactment, and as amendments are being frequently made to the Code, the Provincial rules might soon become inconsistent therewith, in which case there would be a liability to error from having incompatible
rules affecting the same subject appearing upon the two Statute books. The undersigned considers, therefore, that the sections in question should be repealed, and he recommends that the
Provincial Government be requested to introduce the necessary legislation at the next session
of the Legislature.
Chapter 49.—"An Act respecting the Canadian Pacific Navigation Company, Limited."
Among the powers conferred upon the Company is one stated in the following terms :
"(a.) To purchase, charter, hire, build or otherwise acquire steamships and other vessels
of any description, and to employ the same in the conveyance of passengers, mails, cattle,
produce and merchandise of all kinds, and in towing vessels of all kinds, and lumber, between
any parts of British Columbia and elsewhere, as may seem expedient, and to acquire any
postal or other subsidies."
It is beyond the authority of a Provincial Legislature to authorise thp. establishment or
operation of a line of steam or other ships connecting the Province with any other or others
of the Provinces, or extending beyond the limits of the Province or between the Province and any
British or foreign country. The words " and elsewhere as may seem expedient" in the paragraph quoted, would seem to indicate that it is intended to authorise the Company to carry on
a shipping business between the Province and other places outside the limits of the Province,
and they should, for that reason, be struck out. The undersigned recommends that the matter
be called to the attention of the Provincial Government, and that the Government be requested
to state whether a proper amendment will be made within the time limited for disallowance.
Meantime, the undersigned withholds any further recommendation with regard to this Act.
Chapter 28.—" An Act relating to the employment of Chinese or Japanese persons on
works carried on under franchises granted by Private Acts."
The Act is given the short title of the " Labour Regulation Act, 1898," and is in effect
similar to the Bill passed by the Legislative Assembly of the Province of British Columbia in
1897, entitled "An Act relating to the employment of Chinese or Japanese persons on works
carried on under franchises granted by Private Acts," which was reserved by the Lieutenant-
Governor for the pleasure of His Excellency in Council, and which was the subject of a report
by the predecessor in office of the undersigned, approved by His Excellency in Council on 15th
December, 1897, and as to which His Excellency's Government declined to give effect. The Act
defines the terms   "Chinese"   and   "Japanese" as meaning any native of the   Chinese   or 62 Vict. Report on Acts of 1898. 715
Japanese Empires, or their dependencies, not born of British parents, and as including any
person of the Chinese or Japanese races. It disqualifies from employment by persons or companies exercising Provincial franchises Chinese or Japanese persons as so defined, and renders
such persons or companies employing them liable to penalties for such employment.
Chapter 10.—" An Act to confirm an agreement between Her Majesty, in right of Her
Province of British Columbia, and Frank Owen and William John Stokes, and to incorporate
the Cariboo-Omineca Chartered Company."
Section 30 of this Chapter provides, that " No Chinese or Japanese persons shall be
employed in the construction or operation of the undertaking, hereby authorised, under a
penalty of five dollars per day, for each and every Chinese or Japanese person employed in
contravention of this section, to be recovered on complaint of any person under the provisions
of the ' Summary Convictions Act.' "
Chapter 30.—" An Act to amend the ' British Columbia Public Works Loan Act, 1897.'"
Chapter 44.—"An Act to amend the 'Tramway Incorporation Act.' "
Chapter 46.—" An Act to incorporate the Alice Arm Railway."
Chapter 47.—"An Act to incorporate the Arrowhead and Kootenay Railway Company."
Chapter 48.—" An Act to incorporate The British Columbia Great Gold Gravels Dredge-
Mining Corporation."
Chapter 50.—" An Act to incorporate  the Canadian Yukon Railway Company."
Chapter 52. —" An Act to incorporate the Downie Creek Railway Company."
Chapter 53 —" An Act to incorporate the East Kootenay Valley Railway Company."
Chapter 54.—" An Act to incorporate the Kitimaat Railway Company," (Limited).
Chapter 55.—" An Act to incorporate the Kootenay and North-West Railway Company."
Chapter 56.—"An Act to incorporate the Mountain Tramway and Electric Company."
Chapter 57.—" An  Act  respecting the  Nanaimo  Electric Light,   Power  and  Heating
Company," (Limited).
Chapter 58.—" An Act to incorporate the North Star and Arrow Lake Railway Company."
Chapter 59.—" An Act to incorporate the Portland and Stikine Railway Company."
Chapter 60.—" An Act to incorporate the Red Mountain Tunnel Company," (Limited).
Chapter 61.—" An Act to incorporate the Revelstoke and Cassiar Railway Company."
Chapter 62.—" An Act to incorporate the Skeena River and Eastern Railway Company."
Chapter 63.—"An Act to incorporate the Skeena River Railway, Colonization and Exploration Company."
Chapter 64.—An Act to incorporate the South-East Kootenay Railway Company."
Each of these Statutes contains a provision similar to Section 30 of Chapter 10, prohibiting the employment of Chinese or Japanese persons by the respective companies.
These enactments have been the subject of complaint by the Japanese Minister at the
Court of St. James, and the Japanese Consul at Vancouver. Copies of the communications
of these gentlemen upon the subject are submitted herewith. In a despatch to His
Excellency the Governor-General from the Right Honourable the Principal Secretary of State
for the Colonies, dated 20th July last, referring to this legislation, His Excellency is
requested to impress upon his Ministers that restrictive legislation of the type of which the
legislation in question appears to be, is extremely repugnant to the sentiments of the people
and Government of Japan. It is stated that His Excellency should not fail to impress upon
his Ministers the importance, if there is any real prospect of a large influx of Japanese
labourers into Canada, of dealing with it by legislation of the Dominion, on the lines of the
Natal Act, a copy of which accompanies the despatch of the Colonial Secretary, and which, it
is stated, is likely to he generally adopted in Australia. The undersigned submits herewith
copy of the Natal Act in question.
It appears, therefore, that this matter is regarded by Her Majesty's Government as one
of Imperial interest, and the representations of that Government upon the subject should
accordingly be carefully considered in determining upon the course to be pursued with regard
to the legislation. In the meantime, it may be well to communicate with the Government of
British Columbia upon the subject, enclosing copies of the complaints of the Japanese Minister
and Consul, and of Mr. Chamberlain's despatch of 20th July, 1898, in addition to the communication which has been sent pursuant to the recommendation made by the undersigned on
28th October last. The Provincial Government should be asked to give the matter early
consideration, and state, for the information of Your Excellency's Government, any facts or reasons which they desire to be considered. It is also important to ascertain whether the
Provincial Government would be prepared to recommend the repeal of chapter 28, and of the
anti-Japanese and Chinese sections of the other chapters above mentioned. A communication should also, in the opinion of the undersigned, be addressed by Your Excellency's Government to the Right Honourable the Principal Secretary of State for the Colonies, stating what
has so far been done with regard to this legislation, and a copy of the Statutes should be
forwarded to him. Further action, the undersigned considers, may be delayed until a reply
has been received from the Provincial authorities.
The undersigned recommends that a copy of this report, if approved, and of the papers
accompanying the same, be transmitted to the Lieutenant-Governor of the Province, for the
information of his Government.
Respectfully submitted,
(Signed)        David Mills,
Minister of Justice.
His Imperial Japanese Majesty's Consulate for Canada,
Vancouver, B.C., 10th May, 1898.
Your Excellency,—I have the honour of calling Y. E. attention to a provision in the
several Railway Bills and other Private Bills which have passed or may pass through the
Legislative Assembly of the Province of British Columbia and to which assent may be given by
His Honour the Lieutenant-Governor of that Province, prohibiting the employment of subjects
of Japan in the construction or operation of the various railways or other undertakings which
may be built or carried out under the sought-for charters. I, in the name of H. I. J. M.
Government, most respectfully protest, as far as Japanese persons are concerned, against any
such discrimination against the subjects of a friendly nation whose Government I have the
honour to represent here, on the following grounds :
1. That no satisfactory reason has been or can possibly be given for such discrimination
in the Legislative Assembly above stated.
2. That the Article of the Revised Treaty of Commerce and Navigation between Japan
and Great Britain provides that " the subjects of each of the two high contracting parties shall
have full liberty to enter, travel or reside in any part of the dominions and possessions of the
other contracting party, and shall enjoy full and perfect protection for their person and
property;" and the Article 15 of the same that "the high contracting parties agree that, in
all concerns, commerce and navigation, and privilege, favour or immunity which either contracting party has actually granted, or may hereafter grant, to the Government, ships, subjects
or citizens of any other state, shall be extended immediately and unconditionally to the
Government, ships, subjects or citizens of the other contracting party, it being their intention
that the trade and navigation of each country shall be placed in all respects by the other on
the footing of the most favoured nation."
3. That though the Dominion of Canada does not participate in the revised treaty referred
to, it is contradictory to international usage that a nation, subject to the duties and privileges
of international law, be adversely discriminated in legislation in a friendly country.
4. That while the legislators of the Province of British Columbia apparently look upon
the Japanese in the same light as Chinese, it is a well-known fact that the education and
character, customs and manners of Japanese are entirely different from those of Chinese, so
that the principal argument of the legislators is contradicted by the fact.
5. That the number of Japanese residents ir B. O, not exceeding one thousand and odd
persons, is less than one-tenth that of Chinese.
6. That the Government of Japan controls the movements of emigrants by enforcing the
Emigration Regulations, no intending emigrant being allowed to leave the country unless the
proper authorities are satisfied that he has good reason to emigrate to a certain country, so
that the emigration into any country can be restricted to proper extent by the Government of
Japan.
7. That such discrimination would tend to be detrimental, to some extent, to the development of the international trade between Canada and Japan, which the Governments of the
two countries are endeavouring to foster. 62 Vict. Report on Acts of 1898. 717
I, therefore, most respectfully request that Y. E. will give these provisions in the Bills
referred to such consideration as will lead to Y. E. disallowance.
I avail myself, &c,
(Signed)    S.  Shimizu,
//. /.  J. M.'s  Consul.
The Earl of Aberdeen,
Governor-General of Canada.
His Imperial Japanese Majesty's Consulate for Canada,
Vancouver, B.C, 16th May, 1898.
Your Excellency,—I have the honour of calling Y. E. attention to a section of a Bill
intituled, "An Act to amend the 'British Columbia Public Works Loan Act, 1897,' " which
passed through the Legislative Assembly of the Province of B.C., and to which assent maybe
given by His Honour the Lieutenant-Governor of that Province, prohibiting Chinese or
Japanese persons to be employed or permitted to work in the construction or operation of any
undertaking thereby subsidized. I, in the name of H. I. J. M. Government, most respectfully protest, as far as Japanese persons are concerned, against such discrimination against the
subjects of a friendly nation, whose Government I have the honour to represent here, on the
same grounds as those that I have propounded in protesting against a provision of the same
nature contained in the various Railway Bills and several Private Bills, in my despatch
addressed to Y. E. on the 10th instant, and most respectfully request that Y. E. will give the
section referred to such consideration as will lead to Y. E. disallowance.
I avail myself, &c,
(Signed)        S.  Shimizu,
H. I. Japanese Majesty's Consul.
His Excellency the Governor-General of Canada,
Ottawa.
1358.
His Imperial Japanese Majesty's Consulate for Canada,
Vancouver, B.C., 20th May, 1898.
Your Excellency,—I have the honour of calling Y. E. attention to the " Alien Labour
Bill," which has passed through the Legislative Assembly of the Province of British Columbia, and to which the assent has been given this day by His Honour the Lieutenant-Governor
of that Province. The object of the Bill, obviously, is " to prohibit the employment of
Chinese and Japanese persons on works carried on under franchises granted by Private Acts."
I, in the name of H. I. J. M. Government, most respectfully protest, as far as Japanese
persons are concerned, against any such discrimination against the subjects of a friendly
nation, whose Government 1 have the honour to represent here, on the following grounds :
1. That no satisfactory reason has been or can possibly be given for such discrimination
in the Legislative Assembly above stated.
2. That the Article 1 of the Revised Treaty of Commerce and Navigation between Japan
and Great Britain provides that "the subjects of each of the two contracting parties shall
have full liberty to enter, travel, or reside in any of the dominions and possessions of the
other contracting party, and shall enjoy full and perfect protection for their persons and
property ;" and the Article 15 of the same, that "the high contracting parties agree that, in
all that concerns commerce and navigation, any privilege, favour or immunity which either
contracting party has actually granted, or may hereafter grant, to the Government, ships,
subjects, or citizens of any other State shall be extended immediately and unconditionally to
the Government, ships, subjects or citizens of the other contracting party, it being their
intention that the trade and navigation of each country shall be placed, in all respects, by the
other on the footing of the most favoured nation." 3. That though the Dominion of Canada does not participate in the revised treaty
referred to, it is contradictory to the international usage that a nation subject to the duties
and privileges of international law be adversely discriminated in legislation in a friendly
country.
4. That while the legislators of the Province of British Columbia apparently look upon the
Japanese in the same light as the Chinese, it is a well-known fact that the education and
character, customs and manners of Japanese are entirely different from those of Chinese, so
that the principal argument of the legislators is contradicted by the fact.
5. That the number of Japanese residents in British Columbia, not exceeding one
thousand and odd persons, is less than one-tenth of that of Chinese.
6. That the Government of Japan controls the movements of emigrants, by enforcing the
Emigration Regulations, no intending emigrant being allowed to leave the country unless the
proper authorities are satisfied that he has good reason to emigrate to a certain country, so
that the emigration into any country can be restricted to proper extent by the Government of
Japan.
7. That such discrimination would tend to be detrimental, to some extent, to the development of the international trade between Canada and Japan, which the Governments of the
two countries are now endeavouring to foster.
I, therefore, most respectfully request that Y. E. will give these provisions in the Bill
referred to such consideration as will lead to Y. E. disallowance.
In addition hereto, I beg to state that " British Columbia Public Works Loan Act
Amendment Bill " and all the " Railway Bills and other various Private Bills " containing a
section prohibiting the employment of Japanese persons in works specified in such legislation,
against all of which I have, in my despatches of the 10th instant and of the 16th instant,
protested, have, this day, received the assent of His Honour the Lieutenant-Governor, and
that I respectfully reiterate my request that Y. E. will give these provisions in the Acts
referred to such consideration as will lead to the disallowance of such legislation by Y. E.
I avail, &c,
H. I. J. M.'s Consul,
(Signed)        S. Shimizu.
His Imperial Japanese Majesty's Consulate for Canada,
Vancouver, B.C., 28th May,  1898.
Your Excellency,—As a supplementary to my despatch of 10th instant, protesting
against a provision in the several Railway Bills and other Private Bills of the Legislative
Assembly of British Columbia, I have the honour of forwarding to Your Excellency, herein
enclosed, a list of the Acts that have passed the Legislative Assembly in its last session, and
received the assent of His Honour the Lieutenant-Governor of that Province on the 20th
instant, in which anti-Japanese clauses will be found.
I have, <fec,
(Signed)        S.  Shimizu,
H. I. J. M. Consul.
His Excellency the Governor-General of Canada,
Ottawa.
List of Acts in which the anti-Japanese clauses will be found :
4. An Act to incorporate the Mountain Tramway and Electric Company.
5. An Act to incorporate the Kitimaat Railway Company, Limited.
7. An Act to incorporate the Alice Arm Railway.
8. An Act to incorporate the South-East Kootenay Railway Company.
9. An Act to incorporate the Kootenay and North-West Railway Company.
12. An Act to incorporate the Revelstoke and Cassiar Railway Company.
13. An Act to incorporate the Skeena River and Eastern Railway Company.
14. An Act to incorporate the Arrowhead and Kootenay Railway Company. 62 Vict. Report on Acts of 1898. 719
"15. An Act to incorporate the East Kootenay Valley Railway Company.
16. An Act to incorporate the North Star and Arrow Lake Railway Company.
17. An Act respecting the Nanaimo Electric Light, Power and Heating Company,
Limited.
19. An Act to incorporate the British Columbia Great Gold Gravels Dredge-Mining Corporation.
20. An Act to incorporate the Skeena River Railway Colonization and Exploration
Company.
21. An Act to incorporate the Downie Creek Railway Company.
26. An Act to incorporate the Canadian Yukon Railway Company.
28.  An Act to incorporate the Red Mountain Tunnel Company, Limited.
37. An Act to authorise the Cowichan Lumber Company, Limited, to construct a dam
and works on the Cowichan River, in the Quamichan District; and also to construct a Tramway to connect the said dam and works with a point at or near the mouth of the Cowichan
River.
39. An Act to incorporate the Portland and Stikine Railway Company.
41.  An Act to amend the " Tramway Company Incorporation Act."
Downing Street, 20th  July, 1898.
My Lord,—I have the honour to acknowledge the receipt of your des-
No 135 Mav 20 Pa^cnes °^ ^he numbers and dates noted in the margin, in which you for-
No. 136, May 25. warded copies of various communications received by you from the Japanese
No. 145, May 30. Consul for Canada respecting the anti-Japanese legislation recently passed by
No. 146, June 6.  the Legislature of British Columbia.
2. I shall be glad if you will lose no time in transmitting, in accordance with the request
contained in my telegram of the 18th June, copies of the Acts to which M. Shimizu takes
exception, together with the observations of your Ministers thereon.
3. In the meantime I have to request that you will impress upon your Ministers that
restrictive legislation of the type of which the legislation in question appears to be, is
extremely repugnant to the sentiments of the people and Government of Japan, and you
should not fail to impress upon them the importance, if there is any real prospect of a large
influx of Japanese labourers into Canada, of dealing with it by legislation of the Dominion
Parliament on the lines of the accompanying Natal Act, which is likely to be generally
adopted in Australia.
I have the honour to be,
My Lord,
Your Lordship's most obedient servant,
(Signed)        J. Chamberlain.
Governor-General the Right Honourable
The Earl of Aberdeen, P. C, G. C. M. G.
THE IMMIGRATION RESTRICTION ACT, 1897.
Arrangement of Clauses.
Preamble.
1. Short title.
2. Exemptions.
3. Prohibited immigrants.
4. Unlawful entry of prohibited immigrants.
5. Entry permitted on certain conditions.
6. Persons formerly domiciled in Natal.
7. Wives and children.
8. Liability of master and owners of ships for illegal landing of immigrants. 9. Disabilities of prohibited immigrants.
10. Contract for return of prohibited immigrants.
11. Offence of assisting in contraventions.
12. Offence of assisting contravention by persons named in section 3.
13. Bringing insane persons into colony.
14. Powers of police to prevent entry.
15. Officers for carrying out Act.
16. Rules.
17. Punishments.
18. Jurisdiction of Magistrates.
Schedule A.
Schedule B.
(No. 1. 1897).
Walter Hely-Hutchinson,
Governor.
ACT
" To place certain Restrictions on Immigration."
Whereas it is desirable to place certain restrictions on immigration :
Be it therefore enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and Legislative
Assembly of Natal, as follows :
Short title. 1. This Act may be known as " The Immigration Restriction Act, 1897."
Exemptions 2.  This Act shall not apply to :
(a) Any person possessed of a certificate in the form set out in the Sched
ule A, to this Act annexed, and signed by the Colonial Secretary,
or the Agent-General of Natal, or any officer appointed by the
Natal Government for the purposes of this Act, whether in or out
of  Natal;
(b) Any person of a class for whose immigration into Natal provision is
made by law, or by a scheme approved by Government ;
(c) Any person specially exempted from the operation of this Act by a
writing under the hand of the Colonial Secretary;
(d) Her Majesty's land and sea forces ;
(e) The officers and crew of any ship-of-war of any government;
(f) Any person duly accredited to Natal by or under the authority of the
Imperial or any other Government.
Prohibited 3.  The immigration into Natal, by land or sea, of  any person of   any of
Immigrants. the classes defined in  the  following sub-sections, hereinafter  called   " pro
hibited immigrants " is prohibited, namely :
(a) Any person who, when asked to do so by an officer appointed  under
this Act, shall fail to himself write out and sign, in the characters
of any language of Europe, an application to the Colonial Secretary in the form set out in Schedule B of this Act;
(b) Any person being a pauper, or likely to become a public charge;
(c) Any idiot or insane person ;
(d) Any person suffering from a loathsome or  a dangerous contagious
disease ;
(e) Any person who, not having received  a  free pardon, has within two
years been convicted of a felony or other infamous crime or misdemeanour involving moral turpitude, and not being a mere political offence ;
(f) Any prostitute, and any person living on the prostitution of others. 62 Vict. Report on Acts of 1898. 721
4. Any prohibited immigrant making his way into, or being found within Unlawful   entry   of
Natal, in disregard of the provisions of this Act, shall  be  deemed to have prohibited immi-
contravened this Act, and shall be liable, in addition to any other penalty, to Srant-
be removed from the Colony, and upon conviction may be sentenced to imprisonment not exceeding six months, without hard labour : Provided, that
such imprisonment shall cease for the purpose of deportation of the offender,
or if he shall find two approved sureties, each in the sum of fifty pounds
sterling, that he will leave the Colony within one month.
5. Any person appearing to  be a prohibited immigrant within the mean- Entry permitted on
ing of section 3 of this Act, and not coming within the meaning of  any of certain conditions.
the sub-sections (c), (d), (e), (f), of the said section 3, shall be allowed to
enter Natal upon the following conditions :
(aJ He shall, before landing, deposit with an officer appointed under this
Act the sum of one hundred pounds sterling ;
(b) If such person shall, within one week after entering  Natal, obtain
from the Colonial Secretary, or a Magistrate, a certificate that he
does not come within the prohibition of this Act, the deposit of
one hundred pounds sterling shall be returned;
(c) If such person shall fail to obtain such certificate within one week, the
deposit of one hundred pounds sterling may be forfeited, and he
may be treated as a prohibited immigrant:
Provided, that in case of any person entering Natal under this
section, no liability shall attach to the vessel or to the owners of
the vessel in which he may have arrived at any port of the Colony.
6. Any person who shall satisfy an officer appointed under this Act that Persons formerly
he has been formerly domiciled in Natal, and that he does not come within domiciled in Natal,
the meaning of any of the sub-sections (c), (d), (e), (/), of section 3 of this
Act, shall not be regarded as a prohibited immigrant.
7. The wife and any minor child of a person not being a prohibited im- Wives and children,
migrant shall be free from any prohibition imposed by this Act.
8. The master and owners of any vessel from which any prohibited immi- Liability of master
grant may be landed shall be jointly and severally liable to a penalty of not and owners of ship
less than one hundred pounds sterling, and such penalty may be increased f°r illegal landing of
up to five thousand pounds sterling by sums of one hundred pounds sterling lmmlgrants-
each for every five prohibited immigrants after the first five, and the vessel
may be made executable by a decree of the Supreme Court in satisfaction of
any such penalty, and the vessel may be refused a clearance outwards until
such penalty has been paid, and until provision has been made by the master
to the satisfaction of an officer appointed under this Act for the conveyance
out of the Colony of each prohibited immigrant who may have been so landed.
9. A prohibited immigrant shall not be entitled to a license to carry on Disabilities  of   pro-
any trade or calling, nor shall he be entitled to acquire land in leasehold, hibited immigrants,
freehold or otherwise,  or- to exercise the franchise,  or to be enrolled as a
burgess of any borough or on the roll of any township, and any license or
franchise right which may have been acquired in contravention of this Act
shall be void.
10. Any officer thereto authorised by Government may make a contract contract for return
with the master, owners or agent of any vessel for the conveyance of any of prohibited immi-
prohibited immigrant found in Natal to a port in or near to such immigrant's grants.
country of birth, and any such immigrant with his personal effects may be
placed by a police officer on board such vessel, and shall in such case, if
destitute, be supplied with a sufficient sum of money to enable him to live
for one month according to his circumstances in life after disembarking from
such vessel. 722
Report on Acts of 1898.
Offence of assisting       11.  Any   person who shall   in any way   wilfully   assist   any   prohibited
in contraventions.      immigrant to contravene the provisions of this Act shall be deemed to have
contravened this Act.
Offence of assisting      12.  Any person who shall wilfully assist the entry into Natal of any pro-
contravention by       hibited immigrant of the class (/) in section 3 of this Act shall be deemed to
persons named m      have contravened this Act, and shall, upon conviction, be liable to be imprisoned with hard labour for any period not exceeding twelve months.
Bringing insane persons into Colony.
13. Any person who shall be willfully instrumental in bringing into Natal
an idiot or insane person without a written or printed authority, signed by
the Colonial Secretary, shall be deemed to have contravened this Act, and
in addition to any other penalty, shall be liable for the cost of the maintenance of such idiot or insane person whilst in the Colony.
Powers of police to      14.  Any police officer or other officer  appointed therefor under this Act,
prevent entry. may, subject to  the  provisions  of section 5, prevent any prohibited immi
grant from entering Natal by land or sea.
Officers for carrying
out Act.
Rules.
Punishments.
Jurisdiction of
gistrates.
Ma-
15. The Governor may, from time to time, appoint, and at pleasure
remove, officers for the purpose of carrying out the provisions of this Act,
and may define the duties of such officers, and such officers shall carry out
the instructions from time to time given to them by the Ministerial head of
their department.
16. The Governor in Council may, from time to time, make, amend, and
repeal rules and regulations for the better carrying out of the provisions of
this Act.
17. The penalty for any contravention of this Act, or of any rule or regulation passed thereunder, where no higher penalty is expressly imposed, shall
not exceed a fine of fifty pounds sterling, or imprisonment, with or without
hard labour, until payment of such fine, or in addition to such fine, but not
exceeding in any case three months.
18. All contraventions of this Act or of rules or regulations thereunder
and suits for penalties or other moneys not exceeding one hundred pounds
sterling shall be cognizable by magistrates.
This is to certify that
trade or calling a
immigrant in Natal.
Dated at
SCHEDULE A.
Colony of Natal.
, of , aged        , by
, is a fit proper person to be received as an
this
day of
(Signature).
SCHEDULE B.
To the  Colonial Secretary :
Sir,—I claim to be exempt from the operation of Act No.      , 1897.    My
full name is .    My place of abode for the past twelve
months has been .    My business or calling is
I was born at in the year
Yours, etc.,
Given at Government House, Natal, this fifth day of May, 1897.
By command of His Excellency the Governor.
Thomas K. Murray,
Colonial Secretary. 62 Vict. Report on Acts of 1898. 723
Mr. Chamberlain to Lord Aberdeen.
Downing Street, 11th August, 1898.
My Lord,—With reference to my telegram of the 18th June and my despatch No. 214
of the 20th ult., I have the honour to transmit to you, for communication to your Ministers,
copies of correspondence with the Foreign Office respecting a note from the Japanese Minister
at this Court complaining of the recent bills of the Legislature of British Columbia aimed at
the exclusion of Japanese subjects from employment in that Province.
I shall be glad if you will move your Ministers to give their early consideration to this
matter. I have, &c,
(Signed)        J. Chamberlain.
Governor-General, &c, &c, &c.
Immediate. Foreign Office, 6th August, 1898.
Sir,—I am directed by the Marquis of Salisbury to transmit, to be laid before the
Secretary of State for the Colonies, copy of a note which has been received from the Japanese
Minister at this Court, complaining of recent legislation in British Columbia for the exclusion
of Japanese subjects from employment in that Province.
■  His Lordship would be  glad  to  be informed  what  answer Mr. Secretary Chamberlain
would suggest to be returned to the Japanese Minister's note.
I am, &c,
(Signed)        Francis Bertie.
The Under Secretary of State,
Colonial Office.
Japanese Legation, 3rd August, 1898.
M. le Marquis,—The Legislative Assembly of the Province of British Columbia in the
Dominion of Canada, passed in the month of May last an Act " to prohibit the employment of
Chinese and Japanese persons on work carried on under the franchises granted by private
Acts," also another Act "To amend the British Columbia Public Works Loan Act, 1897,"
and several railway and other private bills, all of which contain provisions prohibiting the
employment of Japanese subjects in several works, public and private, under the penalty of a
fine for each Japanese so employed. The Japanese Consul at Vancouver has, therefore, under
instructions of the Imperial Government, entered a protest to the Lieutenant-Governor of the
Province in the hope that the necessary approval of the Governor might be withheld from
those enactments. His representations were, however, fruitless, and the Acts were approved
by the Lieutenant-Governor and are now awaiting the assent of the Governor-General of
Canada.
My Government, although they confidently believe that the legislation so unfriendly and
discriminating against Japanese subjects would not receive the sanction of the Governor-
General, have instructed me to call the attention of H.M. Government to the matter.
The impropriety of such discriminating legislation against the subjects of a friendly State
is evident in itself and requires hardly any comment on the part of my Government. The
Japanese subjects in Canada are not large in number. So far as my Government are aware
they have always been law-abiding and have done nothing that might necessitate a legislative
action adverse to their interests. Moreover, in the opinion of my Government, such measures if
allowed to become law, cannot but injuriously affect the cordial and commercial relations which
now happily exist between Japan and the Dominion of Canada, and which have every prospect
of further developments in the near future. I have, therefore, the honour to ask the good offices
of Y.L., so that H.M. Government may see their way to exercise their influence with the
Governor-General of Canada in order that his assent may be withheld from the aforesaid
legislation of British Columbia.
I have, &c.
(Signed)        Kato.
The Marquis of Salisbury, E.G., the, &c, &e. Immediate. Downing Street,  11th August, 1898.
Sir,—In reply to your letter of the 6th instant, enclosing a copy of a note from the
Japanese Minister at this Court protesting against recent legislation in British Columbia for
the exclusion of Japanese subjects from employment in that Province, I am directed by Mr.
Secretary Chamberlain to acquaint you, for the information of the Marquis of Salisbury, that
no reply has yet been received to the communications addressed to the Governor-General on
this subject.
A copy of M. Kato's note will, however, be sent to him, with a request that he will press
his Ministers for early consideration of the matter, and in the meantime I am to suggest that
M. Kato should be informed that Mr. Chamberlain is in communication with the Governor-
General of Canada on this subject.
I am, &c,
(Signed)        C. P. Lucas.
The Under Secretary of State,
Foreign Office.
victoria, B.C.:
Printed hy R.10HARU WOfcFKNDRN, Printer to the Queen's Most Excellent Majesty
1899.

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