IMAGE EVALUATION TEST TARGET (MT-3) // <' fK^ 4 ^Jf y. 1.0 I.I L^IM 12.5 1^ U2 |2.2 lii 1.8 ^ 140 11-25 111.4 IIIIII.6 V] /^ 7 P%f^^ > y /^ Photographic Sciences Corporation 23 WEST MAIN STREfT WEBSTER, N.Y. 14580 (716) 872-4503 IKKN\S M08T KXt'KLLKNT MAIK.STV 189!) '- ., ' l» DOCUMENTS [No. 110] Relating to the recent disallowance of certain Statutes passed by the Legis- lature of British Columbia. List of Acts' passed by the Legislature of British Columbia, in the session of 1898, containing a clause attaching a penalty of $5 a day for each and every Chinese or Japanese person employed in the construction or operation of the undertakings authorized by the said Acts, which have been left to their operation : — Chapter 10. — An Act to confirm an agreement between Her Majesty in right of fler Province of Britif-h Columbia and Frank Owen and William John Stokes, and to incorpoi-ate the Cariboo Omineca Chartered Company. Chapter 30. — An Act to amend the British Columbia Public Works Loan Act, 1897. Chapter 46.— An Act to incorporate the Alice Arm Railway. Chapter 47.— An Act to incorporate the Arrowhead and Kootenay Railway Company. Chapter 48. — Ai. Act to incorporate the British Columbia Groat 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 Com- pany. Chapter 54. — An Act to incorporate the Kitimaat Railway Companv, 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 Com- pany. Chai)t,er 57. — An Act respecting the Nanaimo Electric Light, Power and Heat- ing 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 Com- pany. Chapter 62. — An Act to incorporate the Skeena River and Eastern Railway Company. Chapter 63. — An Act to incorporate the Skeena Rieer Ruilway Colonization and Exploration Company. Chapter 64. — An Act to incorporate the South East Kootenay Railway Com- pany. The foregoing Acts have been .lowed to go into operation. The two following Acts have boon disallowed : — Chapter 28. — An Act relating to the employment of Chinese or Japanese per- sons on works carried on under franchises granted by Private Acts. Chapter 44.— An Act to amend the Tramway Incorporation Act. DISALLOWANCE OF BRITISH COLUMBIA STATUTES. (Personal.) His Imperial Japanese Majesty's Consulate, Vancouver, B.C., 14th March, 1898. The Bight nonourable Sir Wilfrid Laurier, Primo Vtinister und PreBident of the Council. Sib, — I have the honour of addressing you, au I had to His Excellency the Governor General, respecting a bill introduced in the House of Commons, by Mr. Mclnnis, making the Chinese Immigration Act applicable to the Japanese, and increasing the poll tax to tive hundred dollars. You are convinced, I believe, that it is unfair and unjust to legislate, or even attempt to legislate, discriminately against the subject of the country which I have the honour to represent hero, whose progress in civilization has excited the admira- tion of the world, and who has been internationally recognized as the equal of any country, in the same way as against the Chinese. Also I believe that the temper of higher class in this country in these matters is entirely different from that of certain elements of labourers whose views some politicians are forced to support. But if the bill shall have any great number of supporters in, or should it pass through the House of Commons or parliament, Japanese nation cannot be helped considering it as the attitude of Canada towards their country. To say nothing about affecting the most cordial feeling which happily exists at present between the Dominion of Canada ana the Empire of Jap;in, it may hinder the development of the trade and commerce between both countiies, which bids fair to grow year by year. For the highest interests of both countries it is, therefore, to be earnestly hoped that you may use your influence to cause the bill to bo withdrawn, or to minimize the number of supporters of the bill. I may say confidentially, in addition, that I am communicating with my government in this matter, and that I myself, or Consul Nosse, who is now stationed at Chicago, but who has consular jurisdiction over the Eastern Canada, may be instructed to proceed over there. If I go you will be requested to favour me with an interview in this matter. I avail myself of this occasion to express to you the' assurance of my highest consideration. S. SHIMIZU, His Imperial Japanese Majesty's Consul. • • Privy CodnciL, Canada. Ottawa, 23rdi March, 1898. S. SniMiza, Esq., His Imperial Japanese Majesty's Consul, Vancouver, B.C. Sir, — I have the honour to acknowledge the receipt of your letter of the 14th inst. Mr. Mclnnis, as you are aware, in proposing the bill to which you call my attention, is acting in the exercise of his rights as a member of the House of Com- mons of Canada. I will not fail to lay before my colleagues the representations which you have convoyed to ma in yonr letter. I venture to express the hope and belief that the good relations which at present exist between Japan and the British Empire will not be marred in any way by anything that may take place in Canada. I have the honour to be, sir, yours respectfully, WILFRID LAURIER. Extract from a Report of the Committee of the Honourable the Privy Council, approved by His Excellency on the lOth November, 1898. The committee of the Privy Council have had under consideration a despatch, hereto annexed, dated Utb August, 1898, from the Right Honourable Mr. Chamber- DISA L L WA NCK OF Hill T I fill COL UM HI A ST A TU TES. 6 lain, transmittiiijDf copies of correspondence with the Foreign Office, respecting a note from the Japancso Minister complaining of the recent Acts of the LegiKhiture of British Columbia aimed at the exclusion of Japanese Hubjects from employment in that province. The comraitloe, on the recommendation of the Minister of Justice, to whom the despatch was leferred, advise that a copy of the said despalcii and of the accom- panying correspondence with the Foreign Office, bo transmitted to the Ijieutenant Governor of the province of British Columbia, and that he be requested to state the views of his government upon the subject for the information of Your Excellency in replying to Mr. Chamborlai'i's despatch. All of which ;s resp(M'tfully submitted for Your FiJxcelioncy's approval. JOHN J. McGEE, Clerk of the Privy Council. Mr. Chamberlain to Lord Aberdeen. Downing Strket, llth August, 1898. Governor (Tcneral, &c., &c., &c. Mt Loan, — With leferenco to my telogram of the 18ih June and my despatch No. 214 of the 20lh ult., I have the honour to ir insmit to you for communication to your ministers copies of correspondence with i ho Foreign Office re.-, therefore, under instructions of the Imperial government entered a protect to the Lieutenant Governor of the province in the hope that the necessary approval of the GJovernor might be withheld from these enactments. His representations were, however, fruitless, and the Acts were approved by the Lieutenant fiovornor, 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 sanctio i of the Governor General, have instructed me to call the attention of Her Majesty's Government to the matter. The impropriety of such discriminating legislation against the subjects of a friendly state is evident in itself and requires hardly nny comment on the part of ray 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 necensitaie a legislative action adverse to their intctests. 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 Ja|)an 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 your lordship so that Her Majesty's government may see their way to exercise their influence with the Governor General of Canada in order that his assent may be withheld fVom the aforesaid legislation of British Columbia. I have, &c., KATO. DowNTNO Stbeet, lllh August, 1898. The Under Secretary of State, Foreign Office. Sib, — In reply to your letter of the filh inst., inclosing 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 thai province, I am directed by Mr. Secretary (Jhamborlain to acquaint you for the information of the Marquis of Salisbury that no reply has yet b»"en received to the communications addressed to the Governor General on this subject. A copy of Mr. 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 mean- time 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., C. P. LUCAS. Extract /rom a Report of the Committee of the Honourable the Privy Council, ap- proved by His Excellency on the nth 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 of 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.)" V ^' DISALLOWANCE OF nillTlHII COLUM/UA STATL'TKS. 7 Chapter 28 " An Act relating to the employment of Chinese or Japanese porsoni* on works carried on under FrnnohiseH 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 HO of this chapter provides that " no Chinese or .Tupanose person shall be employed in the construction or operation of the undertaking hereby authorized, under a ])onalty 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, 5(J, 57, 58, 59, 60. 61, 02, 63, 64. Each of these statutes contains a provision similar to section 30 of chapter 10 {trohibiting the employment of Chinese or Japanese persons by the respoclivo /ompauies. The committee concur in the said report and submit the same for Your Excel- lency'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 accom- Sanying the same, bo transmitted to the Lieutenant Governor of the province of British Columbia for the information of his government. JOHN J. McGEE, Clerk of the Privy Council. Department ok 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 Juno, 1898, and he is of opinion that these statutes may bo left to their operation without comment, with the excep- tion of those hereafter specially referred ;o : — Chapter 40, " An Act to give effect to the Revised Statutes of British Columbia." Thi^ 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 ca^ee, 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 pro- visions in question are not inconsistent with the Criminal Code, and to disallow the statute which gives eflect 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 fre- quently made to the code, the provincial rules might soon become inconsistent there- with, in which case there would bo a liability to error from having incompatible rules affecting the same subject appearing upon the two statute-books. The under- signed considers, therefore, that the sections in question should be repealed, and he recommends that the provincial government be requested to introduce the neces- sary legislation at the next session of the legislature. V 8 DISALLOW A XCE OF RIUTISII COLUMBIA STATUTES. Chapter 49. — "An Act renpectin^ the Canadian Pacific Navigation Company, Limited." Among the powers conferred upon the company is one stated in the following terms : — " (a.) To jjutchaso, 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 else- where, UH may seem expedient, and to acquire any po- Act to iticorpoialo tho Kootenay and Xorlh-wost Ilailway (Jomjmii}'." Chapter 5(i — " Aii Act to incorporato tho Mountain Tramway and Electric Company." Chapter 57 — " An Act rospootini; the Xanaimo Eloclric Liglit, Power and IToat- intc Company, Liroitod." Chapter 58 — " An Act to incorporato the North Star and Arrow Lake Railway Company." Chapter 59 — " A : .ct to incorj)oruie the Portland and Stikino Railway Com- pany." Chapter CO — " An Act to incorporate* tho Rod Mountain Tunrol Company, Limited.'' Chapter (51 — "An .\ct lo incorpoiato tho Revelslokeand Cassiar Railway Com- pany." Chapter 02 — '• An Act to incorporate thu Skeena Rivci- and Eastern Railway Company." Chapter (J3 — "An \r'tto iiiL-orporato tho Skeena Rive;- Railway, Colonization and E'cploratior, Comjiany." Chapter 6-1 — "An Act to incorporc'e the South East Koo'enay Railway Com- pany." Each of those Htalntes contains a provision hiinilar to section 30 of chapter 10 prohibitiiiff the omplo3Mnei.l of Cliinose or Jupane.'so persons fy tho respective com- panies. These enactments have been tho subject of complaint by tlio Jajjaneoi; Minister at tho Court of St. James, aiiJ the Japanese Consul at Vancouver. Copies of the communications of those gentlemen upon the subject are submiltod herewith. In a despatch to His Excellency tho Governor (rcneral from tho Uii;hi Honourable the Principal Secretary of State for the Colonic*, dated 20tli Julj- last, reforriui,^ to this legislation, His Excellency is requested to impress upon his ministers that restrictive legislation of tho type of which the legislation in quoslion ;i]>poars to be is extremely repugnant to the sentiments of tho people and government of .lapaii. It is slated that His Excellency should not fail to impress uj)on bis ininisteis the importance, if there is any real prospect of a largo influx of Japanese labourers into Canada, of dealing with it by logislation of tho Dominion on the lines of tho Natal Act, copy of which accompanies the despatch of tho Colonial Secretary, and whicii, it is st.-iled, is likely to bo generally adopted in Austialia. The undersigned submits herewith copy of tho Natal Act in question. It appears, therefore, that this matter is regarded by Hei' Majesty's govern- ment as one of Imperial interest, and the representations of that government upon the sn:;jcct should, accordingly bo carefully considered in ticlornunining upon the course to bo pursued with regard to the legislation. Iti tho meantime it m.'iy be well to communici.te with tho govornraonl of British Columbia upon tho subject, inclosing copies of tho complaints of tho Japanese ininir-tor and con^ul and of Mr. Chamberlain's despatch of 20th July, 189^. in addition to the communication which has been sent ])ursuant to tho recommendation made by tho undersigned on -8th October last. Tho provincial government should bo asked to give tho ni'attor early consideration, and state, for tho information of Your Excollenc3''s government, any facts or reasons which they desired to be considered. It is also important to ascer- tain whether tho provincial governmont would be prepared to recommend tiio repeal of chapter 28, and of the anti-.fapanoso and Chinese sections of tho other chapters above mentioned. A communication should al.so, in tho opinion ot the undersigned, be addressed by Your Excellency's government to tho Right Ilouour- ablo tho Principal Secrolar}' of State lor tho Colonies, stating what bus so far boon done with regard to this legislation, and a copy of the statutes should bo forwarded to him. Further action, llie ur.dersigned considers, may bo delayed until a reply has been lecoived from tho provincial authorities. 10 DISALLOWA27Ct OF BRITISH COLUMBIA STATUTES. The undersigned recommends that a copy of this report, if approved, and of papers accompanying the same, be transmitted to the Lieutenant Governor of the province, for the information of his government. Respectfully submitted, DAVID MILLS, Minister of Justice. Government House, Victoria, B.C., 4ih January', 1899. The Honourable The Secretary of State, Ottawa, Canada. Sir, — T have the iionour to acknowledge receipt of your letter of the 24th ultimo, transmitting copy of an approved minute of the Privy Council, dated the 17th ultimo, adopting the report of the Minister of Justice, thereto attached, respecting the statutes of this province, passed in thesixty-tirstyoar of Her Majesty's reign (1898) together with correspondence in regard to legislation concerning Japanese labour. I have requested my ministers to give the subject matter of the aforesaid report their early conMdoration, and to slate for the information of His Excellency's government any factP or reasons which they may desire to have con- sidered upon the subject, and to state whether they are prepared to recommend the repeal of chapter 28, and of the anti- Japanese and Chinese sections of the other chapters mentioned in the aforesaid report, and in the said minute. I have the honour to be, sir. Your obedient servant, THOS. E. McINNES. Lieutenant Governor. hi His Imperial Japanese Majesty's Consulate fob Canada, Vancouver, B.C., 10th May, 1898. The Earl of Aberdeen, &c., &c., &c., &c. Your Excellency, — I have the honour of calling Your Excellency's 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 t^o 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 car- ried out under the sought-for charters. I, in the name of His Imperial Japanese Majesty's government, most respectfully protest, as far us Japanese persons are con- cerned, against any such discrimination against the subjecto of a friendly na ion 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 dis- crimination 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 con- tracting parties shall have full liberty to enter, travel or reside in any part of the dominions and poBbCssiona 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 navi- gation, and privilege, favour, or immunity which ' ither contracting party has actually granted,or may hereafter grant, tothogoverr ment,shipB, subjects or citizens of any other state shall be extended immediately an- " 3onditionally to the govern- ^* DISALLOWANCE OF BBITL'er extent by tho government of Japan. 7. That buch discriminatioii would tend to bo detrimental, to some extent, to the deveIoj)mt'nt of the international trade between Canada and Japan, which tho goveinmenls of the two countries are now endeavouring to foster. 1, therefore, most )'espectfully request that Your ExeeMoncy will give these provisions in the bill referred to such consideration as will Lad to Your Excellency's disallowance. In adcition hereto, 1 beg to state that " British Columbia Public Works Loan Act Amendment Bill " «fid all the " railway bills and other various private bills" containing a section prohibiting the omployment of Japanese persons in works specified in such legislation, against all of which I have, in my despatches of the 10th inh*ant and of tho 16th instant, protested, have this day received tho assent of His Honoui the Lieutenant Governor, and I respectfully reiterate ray request that DISALLOWANCE OF BRITISH COLUMBIA STATUTES. 13 Your Excellency will give these pi-ovisionsr in the Acts referred to such considera- tion as will lead to the disallowance of such legislation by Your Excellency. I avail, &c., &c. S. sniMizu, His Imperial Japanese Majesty's Consul. His Imperial Japanese Majesty's Conscla'te for Canapa, Vancouver, B.C., 28th May, 1898. His Excellency The (xovernoi' General of Canada. Ottawa. YouE Excellency, — As a supplementary to ray despatch of 10th instant, pro- testing against a provieion 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 legiylative assembly in its last sei-sion 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, &c., S. SHIMIZU, His Imperial Japanese Majesty's Consul. 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 Kitmat Eailway Company, Limited. 7. An Act to incorporate the Alice Arm Eailway. 8. An Act to incorporate the South-east liootenay Railway Company. 9. An Act to incorporate the Kootenay and North-west Railwaj' 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.^ 16. An Act to incorporate the East Kootenay Valley Railway Company. "--^ IH An Act to incorporate the North Star and Arrow Lake Railway Company. 17 An Act respecting the Nanaimo Electric Light, Power and Heating Com- pany, Limited. 19. An Act to incorporate the British Columbia Great Gravel Dredge Mining Corporation. 20. An Act to incorporate the Skeena River Railway Colonization and Explora- tion Company. 21. An Act to incorporate the Downie Creek Railway Company. 2t). An Act to incorporate the Canaciian Yukon Railway Company. 28. An Act to incorporate the Red Mountain Tunnel Company, Limited. 37. An Act to authorize the Cowichan Lumber Company, Limited, to construct a dam and wr. lis on the Cowichan River, in the Quamichan district and also to ■instruct u tramway to connect the said dam and works with a point at or near mouth » the Cowichan River. 39. All Act to incorporate the Portland and Stikine Railway Company. 41. An Act to amend the Tramway Company Incorporation Act. 14 DISALLOWANCE OF BRITISH COLUMBIA STATUTES. » Downing Street, 20th July, 1898. Governor General The Bight Honourable The Earl of Aberdeen, P.O., G.C.M.G. Mt Lord, — I have the honour to acknowledge the receipt of your despatches of the numbers and dates noted in the margin, in which you forwarded copies of various communicatioiis received by you from the Japanese Consul for Canada respecting the anti*Japane6e legislation recently passed by the legislature of firitish 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 an}^ 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 hb generally adopted in Australia. I have the honour to be, my lord, Your lordship's most obedient servant, J. CHAMBERLAIN. THE IMMIGRATION RESTRICTION ACT, 1897. ABRANQEMENT OF GLAUSES. Preamble. 1. Short title. 2. Exemptions. 3. Frohioited 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 ship 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. OflBcers for carrying out Act. 16. Rules. 17. PunishmeDts. 18. Jurisdiction of magistrates. Schedule A. Schedule B. (No. 1, 1897.) WALTER HELY-HUTCHINSON, Governor. DISALLOWANCE OF ffRITLSH COLUMBIA STATUTES. 15 ACT. To place certain restrictions on Immigration. WHEBEAS 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 : — 1. This Act may be known as "The Immigration Bestriciion Act, 1897." 2. This Act shall not apply to : — (a.) Any person posiiessed of a certificate in the form set out in the Schedule 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. (6.) 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. (/.) Any person duly accredited to Natal by oi* under the authority of the Imperial or any other government. 3. The immigration into Natal, by land or sea of any person of any of the classes defined in the following subsections, hereinafter called " prohibited immi- grant " 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 to this Act. (b.) Any person being a pauper, or likely to become a public charge. (c.) Any idiot or insane person. (J.) 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 mis- demeanour involving moral turpitude, and not being a mere political offence. ; (f.) Any prostitute, and any person living on the prostitution of others. 4. Any prohibited immigrant making his way into, or being found within, Natal, in disregard of the provisions of this Act, shall be deemed to have contravened this Act, and shall bo liable, in addition to any other penalty, to 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 withinthe meaning of section 3 of this Act and not coming within the meaning of any of the subsections (C), (D), (E), (F), of the said section 3 shall be allowed to enter Natal upon the following conditions: — (i) He shall, before landing, deposit with an officer appointed under this Act the sum of one hundred pounds sterling. (6) 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 bo forfeited, and he may be treated as a prohibited immigrant. 16 DISALLOWANCE OF BRITISH COLUMBIA STAIUTES. Provided thai, in the 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 iiave arrived at any port of the colon_^ 0. Any person who shall satisfy an officer appointed under this Act that he has been formerly domiciled in Natal, and that ho does not come within the meaning of any of the subsections (C), (D), (E), (F), 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 immigrant shall be free from any prohibition imposed by this Act. 8. The master and owners of any vessel from which any prohibited immigrant may bo landed shall be jointly and severally liable to a penalty of not less than one hundred pounds sterling, and such penalty may be increased up to live thousand pounds sterling by sums of one hundred pounds sterling, each for every five prohibited immigrants after the first five, and the vessel may be made executable by a decree of the Suj)romo Court in satisfaction of any such penalty, and the vessel may be refuseil a clearance outwards until such penalty has been paid, and until provision has been mado by the master to the satisfaction of an officer appointed under this Act for the conveyance cut 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 any trade or callirig, nor shall he be entitled to acquire land in leasehold, freehold, or otherwise 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 iti contravention of this Act shall bo void. 10. Any officer thereto authorized by government may make a contract with the master, owners, or agent ot any vessel for the conveyance of any prohibited im- migrant found in Natal to a port in or near to such immigrant's 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 sura of money to enable him to live for one month according to his circumstances in life after disembarking from such vessel. 11. Any person who shall in any way wilfully assist any prohibited immigrant to contraveue the provisions of this Act shall bo deemed to have contravened this Act. 12. Any person who shall in any way wilfully assist the entry into Natal of any prohibited immigrant of the class (f) in section 3 of this Act shall be deemed to have contravened this Act, and shall upon conviction be liable to bo imprisoned with hard labour for any period not exceeding twelve months. 13. Any person who shall be wilfully instrumeotal in bringing into Natal an idiot or insane person without a written or printed authority, signed by the Colonial Secretary, shall bo 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. 14. Any police officer or other officer appointed therefor under this Act may, subject to the prc-isions of section 5, prevent any prohibited immigrant from enter- ing Natal by land or sea. 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 bettor carrying out of the provisions of this Act. 17. The penalty for any contravention of this Act or 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. DISALLOWANCE OF BRITISH COLUMBIA STATUTES. 17 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. Colony of Natal. This is to certify that of aged by trade or calling a and proper person to be received as an immigrant in Natal. is a fit Dated at this ^ (Signature) day of SOHEDULS 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, &o., Given at Government House, Natal, this fifth day of May, 1897. By command of His Excellency the Governor. THOS. K. MUERAY, Colonial Secretary. Government House, Victoria, B.C., 23rd December, 1898. The Honourable The Secretary of State, Ottawa, Canada. Sir, — I have the honour to acknowledge the receipt of your letter of the 15th inslant, calling my attention to your lotter of the 17tb ultimo, respecting the protest of the Japanese minister against certain Acts of the legislature of th . province aimed at the exclusion of Japanese subjects from employment in this province, and in reply to state that I have forwarded copy of your letter to my executive council with the request that they give it their early attention, and fur- nish Has Excellency with their views upon the subject with as little delay as possible. I have the honour to be, sir, Your obedient servant. THOS. R. McINNES, Lieutenant Governor. 110—2 18 DISALLOWANCE OF liRITISH COLUMBIA STATUTES. His Bxoellenoy The Governor General of Canada. Vancouver, B.C., 9th February 1899. YouB ExcELLENcr, — In the name of His Imperial Japanese Majesty's govern- ment, I have the honour of calling Your Excellency's attention to a paragraph in the speech of His Honour the Lieutenant Governor of British Coiurabia, delivered at the opening of the present session of the legislative assembly of thai province, stating that "For the better protection of the miners in coal mines, a Bill will be laid before you prohibiting the employment underground of Japanese in these mines." I would at the same time beg to call Your Excellency's attention to the Bill No. 43, entitled "An Act to amend the Coal Mines Bogulationa Act," which was recently proposed, seemingly in accordance with the utatement of the paragraph above cited, by the Honourable the President of the Council to the legislative assembly of that province and passed through that assembly on the 8th day of this month. And also to the various private bills that are before the House at present containing sections which prohibit the employment of Japanese in works autnorized bv such Acts. I respectfully beg to inclose herewith copies of the Bill No. 43, and also a sample of the private bills referred to. And urging the same objections to this legislation as I had the honour of urging against legislation of the same nature passed at the last session, I most respectfully request that Your Excellency will give this legislation such consideration as will lead to Your Excellency's disallowance of the same. I avail, &c., S. SHIMIZU, His Imperial Japanese Majesty's Consul. No. 43.] BILL. An Act to amend the " Coal Mines Regulation Act." [1899. Her Majesty, by and with the advice and consent of the Legislative Assembly of the province of £tritish Columbia, enacts as follows : 1. Section 4 of chapter 138 of the Rovised Statutes of British Columbia, is hereby amended by inserting after the word "Chinaman," in the second line thereof, the words " or Japanese." 2. Section 12 of the said Act is hereby amended by inserting after the word " Chinamen," in the fourth line thereof, the word " Japanese." BILL. No. 11.] [1899. An Act to incorporate the " Vancouver Northern and Yukon Railway Comp.any." * * * * * 37. No Chinese or Japanese persons shall be employed in the construction of the undertaking or the working of the railway. 38. The preceding two sections are hereby declared to be conditions uponAvhich this Act is passed, and shall be binding upon bondholders and all other persons in any way interested in the said company or its property. In case either of said preced- ing two sections are violated, such violation shall work a forfeiture of all privileges granted by this Act, but no such forfeiture shall operate except upon proceedings instituted in the Supreme Court of British Columbia by the Attorney General. ! 4 DISALLOWANCE OF lilUTISIl COLl'M/ilA ST.'' 3 I VES. 19 (^Telegram.) Imperial Japanese Consul to Governor Gent laj. Vancouvek, B.C., 9lh February, 1899. In the name of the Imperial government of Japan I respectfully beg to protest against the legislation passed or now being passed at the present session of the legislature of British Columbia, aiming at the prohibition of Japanese labour under- ground in coal mines or in other works authorized by provincial Acts. I respect- fully urge the same objections to this legislatior as I had the honour of urging against legislation of same nature of last session and would request such considera- tion as will lead to Your Excellency's disallowance of the surae. Will confirm by moil. S. SHIMIZU, Imperial Japanese Con.»ul. His Imperial Japanese Majesty's Consulate for Canada, Vancouver, B.C., 28th February, 1899. To His Excellency The Governor General of Canada. Ottawa. Y'ouR ExcELLENCT, — In addition to my protest recontlj presented against the legislation of the province of British Columbia aimed at the ]>rohibition of Japanese labour in certain undertakings, I respectfully beg to call Your Excellency's special attention to the Bill 60, intituled " An Act respecting Liquor Licenses," in which Japanese subjects are included among those declared ineligible to hold liquor licensee (vide the sections 22, 23 and particularly 36 of the Bill No. 60). This bill waa introduced to the House by the Honourable the Attorney General of the pro- vince and passed through it on the 25th day of this month. To this, together with other bills of a similar nature passed at the closing session, assent was given ^-ester- day by His Honour the Lieutenant Governor of the province. Your Excellency will observe that the discrimination in the Bill No. 60 is a decided advance upon the former measures aimed against Chinese labour, inasmuch as this bill now imposes restrictions on Japanese subjects in matters of trade also. It may also bo taken I think as an indication that these anti-Japanese measures will not stop here in this province, unless the higher authorities are pleased to exorcise their power. I, theiofore, respectfully beg leave to more emphatically reiterate my request that Your Excellency will give this legislation such consideration as will lead to Your Excclloncy'is disallowance of the same. I avail myself of this opportunity to renew to Your Excellency iho assurance of my hifihost consideration. S. SHIMIZU, His Imperial Japanese Majesty's Consul. Mr. Chamberlain to Lord Minto. Downing Street, 8th March, 1899. Governor General, &c., &c., &c. My Lord, — With reference to your despatch No. 1 of the 3rd January, trans- mitting copy of an approved minute of the Dominion Privy Council submitting a reportof the Minister of Justice on the anti-Japanese legislation passed during the last session of the legislature of British Columbia, I have the honour to transmit to you, to be laid before your ministers, copy of a further note which the Marquis of 110-2i 20 DISALLOWANCE OF UniTlSIl COLUMHIA STATUTES. St.7isbu!y has received from the Japanese miaister at this court, oaUine attention to a bill passed during the present session of the same legislature, entitled, "Coal Mines Regulations Amendment Bill." 2. Monsieur Kato states that the object of this bill is to prohibit the employ- ment underground of Japanese in coal mines, and ho expresses the hope that Her Majesty's government may extend to this instance the policy pursued in regard to the legislation of last year. 3. Her Majesty's government will bo glad if your ministers will consider the question of this bill with that of the others to which their attention has already been called. I have, &c,, J. CHAMBERLAIN. Japanese Legation, 18ih February, 1891*. Tie Most Honourable The Marquess of Salisbury, K.G. M. I.E Mabqcess, — The Japanetse consul at Vancouver has reported to me that the legislature of the province < i British Columbia has recently passed a bill at ihe instance of the provincial government entitled "Coal Minos Regulations Amendment Bill." The details of the bill are not before me, but I undort»tand that it has been formulated with the object of prohibiting the employment underground of Japanese in the coal mines, and thus it appears to be another instance of discrimination aimed at Japanese subjects in that province. Several bills with a similar purport, pa8>ied by the legislature of the same pro- vince last year, have formed the subject of correspondence between Your Lordship and myself, and while my governmeut is deeply sensible of the solicitous attention which Her Majesty's government, and at their instance the government of Canada are paying with respect to the issue of those bills, 1 feel compelled by this renewed action on the part of British Columbia to call the attention of Her Majesty's government, once more to the subject. The exceptions which the Imperial government have taken against the legis- lation of last year apply in the present case in their full scope and extent. There- fore, without reiterating the loasons which I set forth against such legislation in the letter which I had the honour to address to Your Lordship under date of August 3rd, 1898, 1 take the liberty of calling your attention to the fact, and requesting Her Majesty's government to extend to the present instance the same enlightened policy which they have pursued in regard to the legislation of last year, with the confident assurance that such a policy cannot fail in augmenting the neighbourly relations existing between Japan and the Dominion of Canada. I have, &c., KATO. ExTBACT from a Report of the Committee of the Bonournble the Privy Council, approved by Sis Excellency on the I'dth March, 1899. On a report dated 7th March, 1899, from thoMinister of Justice, stating that he has had under consideration a copy of a minute of tue executive council of the provinceof British Columbia, dated 16th February, 1899, approving a report dated the 13th of the fame month from the provincial Minister of Finance and Agri- culture, with regard to certain statutes of the said province passed in the year 1898, affecting the Chinese and Japanese. The minister represents that those statutes are enumerated in a report of the Minister of Justice of the 8th November, 1898, approved by Your Excellency in Council on the ITth December, 1898, and the report of the provincial minister is in reply to that portion of the report of the Minister of Justice which refers to the statutes in question. r 1 ^ t DISALLOWANCE OF lililTlSH COLUMIilA STATUTES. 81 Tho MiDJater of JuHlice observes — referring to The Immigration Restriction Aot, 1897, of Natal, copy of which accompanied tho despatch of tho Right Honourable the Principal Secretary of State of the Colonies of 20th July, 1898, — that, while the provisions of that Act are well adapted to oxoludo paupers, diseased porsons and criminals, yet the Act does contain a provision (section 3a) which would proba* biy have the effect of excluding all Asiatics of the class which would be affected by the British Columbia statutes in question. The minister is of the opinion, however, that before determining what course ought to be pursued by Your Exoellenoy'H government in regard to these Acts a copy of the executive minute of British Columbia, and of the report of the Provin- cial Minister of Finance and Agriculture should be submitted to Her Majesty's government. Tho committee concurring advise that Your Excellency be moved to transmit copies of the suid papers, together with a certified copy of this minute, to the Right Honourable the Principal Secretary of State for the Colonies, in order that he muy submit any observations which ho may deem proper for tho consideration of Your Excellency's government. The committee further submit that Mr. Chamberlain should be informed at the same time that the time for disallowance of these Acts will expire on the 8th June, 1899. All which is respectfully submitted for Your Excellency's approval. JOHN J. McGEE, Clerk of the Privy Council. Copr of a Report of a Committee of the Honourable the Executive Council approved by His Honour the Lieutenant Governor on the I6th day of February, 1899. Tho committee of council have had before thorn the accompanying report, dated 13th February, 1899, from the Minister of Finance and Agriculture, with regard to the complaint of the Japanese Minister at the Court of St. James respect- ing the provisions of certain Acts of the legislature of British Columbia which prohibit the employment of Japanese subjects on certain works. The committee concur in tho said report, and submit the same for your honour's approval. The committee advise that a copy of this minute, if approved, together with a copy of the report aforesaid, bo transmitted to tho Honourable the Secretary of State for the information of His Excellency tho Governor General. Certified. A. CAMPBELL REDDIE, Deputj' Clerk, Executive Council. To His Honour the Lieutenant Governor in Council. The undersigned has the honour to report that bo has had under consideration the communication from the government of His Excellency the Governor General to His Honour the Lieutenant Governor, inclosing copies of a minute of the Com- mittee of the Privy Council of Canada in reference to a dispatch from Her Majesty's Principal Secretary of State for the Colonies, inclosing copies of correspondence which has passed between the Foreign Office and the Japanese Minister in London and between the Foreign Office and the Colonial Office on the Hubjeot of certain- statutes passed by the legislature of British Columbia in tho sixty-first year of Her Majesty's reign, and which contained provisions prohibiting the employment of Chinese or Japanese persons on works carried on under franchises granted by the said legislature. JISALLOWAXCE OF liNlTlSH CnLUMIilA STATUTES. la h.4 despatch of 20tb .Taly, 1898, to His Excellenoy tho Govornoi* Genornl of Canada, Mr. Cbainborlain states that " resti-ictive legislation of the typo uf which the legishition in question appears to be is extremely repugnant to the sentiments of the people and government of Japan," and askts llis Excellenoy to impress un his ministers the importance, if there is any real prospect of a largo influx of Japanese labourers into Canada, of dealing with it by legislation of tho Dominion parliament on the lines of the Natal Act. Ii may be stated that legislation on the lines of the "Immigration Restriction Act, 1U97 " passed by the legislative council and legislative assembly of Natal, would not be within the power of the legislature of this province, but would be within tho competence of the parliament of Canada, being somewhat similar to the act passed by that body imposing a capitation tax of $50 on each Chinese person coming into the Dominion. While the legislature of British Columbia ' )uld doubtless welcome any action by the Parliament of Canada designed to etfec jjects similar to those aimed at by the provisions in the statutes which are the sui ;t of this oommunicution from His Excellency's government, it may be suggested Uiut tho provisions embodied in tho Immigration Hestriction Act of Natal would not be etfootual for the desired pur )»ie, although such legislation would impose restrictions on Japaiioso immi;^i alien that would probably be more repugnant to the views of the government of Japan than those complained of in tho legislation pas^ed by tho legislature of this province. The undersigned would point out that the statutes passed by tho legislature ot this province imposing certain restrictions on tho emplovment of Japtuioso in British Columbia, while, it is respectfully submitted, clearly wilhin the power of that body, do not impose restrictions nearly us onerous or fur reaching as wouM bo tho caso were legislation enacted by the parliament of Canada on tho lines of the Immiirra- tion Hestriction Act of Natal, which nppoars not to bo considered objectionable by Her Majesty's government. No limitation on the numher of JapanoHo persons who may come into Canada is suggested by tho statutes passed by tho provincial legisla- ture. No restriction is placed by those statutes on such persons pursuing any call- ing, occupation or employment — with one exception — which is not carried on under the authority of privileges or franchises conferred by tho legislature of British Columbia. That exception is working in coal mines, the legit>laturo, from tho evid- ence placed before it, having come to the conclusion that the employment of Chinese or Japanese underground in coal mines is a source of danger. AH that is sought to be attained by tho legislation in question is that Chinese or Japanese persons shall not bo allowed to find employment on works, the construc- tion of which has been authorized or made possible of accomplishment by the grant- ing of certain privileges or franchises by the legislature. It will, therefore, be seen that the restrictive provisions are merely in the nature of a condition in agreements or contracts between the provincial government and particular individuals or companies whereby certain privileges, I'ranchises, con- cessions, and, in some cases, also subsidies and guarantees are granted to such individuals or companies in consideration of only white labour being employed in the works which are the subject matter of such agreements. Thesame causes which have led tho legislatures of Natal and the Australian colonies to take measures to restrict the influx of large numbers of labouring people from Asia, exist in British Columbia. They are indeed more potent here on account of the shorter distance intervening between China and Japan and this province as compared with that between those countries and Australasia and Nutal. It may also be pointed out in this connection that the possibility of groat disturbance to the economic conditions existing here, and of grave injury being caused to the working classes of this country by a large influx of labourers from Japan, was so apparent, that the government of Canada decided it was not advisable that the Dominion should participate in the revised treaty between Great Britain and Japan, whereby equal privileges were granted to tho people of each nation in the country of the oihor. r blSALLOWAXCK OF lililTlSII (JOLUMUIA STATUTKS. »nt Tho economic conditions in British Columbia and Japan and the standards of living of the masBes of the people in the two counlricn, diner »o widely thut to grant freedom of employment to Japanese on buoh public works as are authorized to be carried out by Acts of the legislature would almost certainly result in all t^ach employment being monopolized by the Japanese to the exclusion of the people of this province. Therefore, while the legislature has scrupulously abstained from any interference with the employment of Japanese by private individuals or com- panies, and has not sought to put any restriction on their engaging in any ordinary occupation or business, it has deemed it to be in the interests of tl'.e province to prohibit their employment on works or undertakings for which it has granted privileges or franchises. That such restrictions are not only judicious but neces- sary has been shown by the manner in wh'ch cheap Asiatic labour has in many cases entirely supplanted white labour on works to which no such restrictions, aa those referred to, were attached. While it would be a matter of profound regret if any action of tho government or legislature of this province should cause Her Majesty's government any embar- rassment or impair its friendly relations with another power, it may be pointed out that there are other considerations of an Imperial character involved m this matter. It is unquestionably in tho interests of the Empire that tho Pacific province of the Dominion should be occupied by a large and thoroughly British population, rather than by one in which the number of aliens largely predominated and many of the distinctive features of a settled British community were lucking. The former condition could not be secured were the masses of the people sub- jected to competition which would render it impossible for them to maintain a fair and reasonable standard of living. For many years the evil effects of unrestricted Chinese immigration caused great agitation in British Columbia, and the imposition of the capitation tax of fifty dollars was the consequence. Since then greater facilities of communication with Japan and the opportunities for employment in British Columbia, arising from t'e develop- ment of its forest, mineral and fit-hing resources, have led to an influx of Tapunese which has materially and injuriously interfered with white labour and hi v' caused the legihlature to pass the statutes now under consideration. There is no rtiSon to believe that this influx of Japanes^e is likely to diminitsh. On the contrary, there are many indications that it will become larger and that Japanese labour will, if some restrictive measures be not adopted, entirely supplant white labour in many import- ant industries and be used almost exclusively on works carried out under franchises granted by the legislature and which are in many cases aided by subsidies from the provincial treasury, largely with the object of opening up the province and inducing ari immigration of desirable settlers. The undersigned, therefore, recommends that a reply be made to the Govern- ment of the Dominion that His Honour's government regrets that in the interests of Britibh Columbia and of the labouring classes among its people, it cannot see its way to introduce a measure in the legislature to repeal the provisions restricting the employment of Chinese an'^ Japanese in the statutes referred to in the report of the Minister of Justice, approved by a minute of the Committee of the Privy Council of Canada on 17ih December, 1898, and that if this recommendation be approved a copy of it should be transmitted to the Secretary of State for Canada for tho information of His Excellency's government. P. CARTER-COTTON, Minister of Finance and Agriculture. Dated this 13lh day ot February, A.D. 1899. M DISALLOW xiNCE OF BRITISH COLUMBIA STATUTES. GOVEBNMENT HoCSE, Victoria, B.C., J 6th February, 1899. The Honourable the Secretary of State, Ottawa, Cauada. Sib, — Adverting to your despatch of the 24th December last, and to prior cor- respondence on the subject of the anti-Japanese legislation of this province, I now have the honour to transmit herewith, for the information of His Excellency in Council, a certified copy of a Minute of my Executive Council, approved this day, wherein is set forth their reasons for not seeing their way clear to repeal the said legislation. I have the honour to be, sir. Your obedient aei-vant, THOS. R. MoINNIS, Lieutenant Governor. Downing Street, 23rd March, 1899. Governor General, The Eight Honourable, The Earl of Minto, G.C.M.G., &c., &c., &c. My Lord, — I have the honour to acknowledge the receipt of your despatch No. 40, of the 27th February, forwarding copy of a letter from the Jananeso Consul at Vancouver in which he calls attention to certain measures which have been intro- duced into the legislative assembly of British Columbia during its present session prohibiting the employment of Japanese and renewing with regard to these measures the objections which he urged against the legislation of ihe same nature passed by the legislature of that province last year. 2. Her Majesty's government must regret to find the government and legisla- tare of British Columbia adopting a course which is justly regarded as offensive by a friendly power, and they hope that your ministers will bo able to arrange for the cancellation of the objectionable provisions p.nd the substitution of a measure which, while it will secure the desired exclusion of undesirable immigrants, will obtain that result by means of some such genera) test as that already suggested in my despatch No. 214 of the 20th July, 1898. In any case, Her Majesty's government strongly deprecate the passing of exceotional legislation affecting Japanese already in the province. I have the honour to be, my lord, Your lordhhip's most obedient humble servant, J. CHAMBEliLAIN. Mr. Chamberlain to Lord Minto. Downing Street, 4lh April, 18119. My Lord, — I have the honour to acknowledge the receipt of your despatch No. 46, of the 9th ult. covering copy of a letter from the Consul of Japan at Vancouver on the subject of the British Columbian Liquor License Act, 1899, and to refer in reply to my despatch No. 68, of the 23rd ult. on the subject of similar legislation passed by the legiolature of the province. I have, &c., J. CHAMBERLAIN. • i DISALLOWANCE OF BRITISH COLUMBIA STATUTES. i i Colonial Office to the Governor General, -0 Downing Street, 19th April, 1899. The Governor (ronoiftl, &c., &c., &c. Mt Lord, — I have the honour to acknowledge the receipt of your despatch No. 54 of the 16th March, forwarding copy of an approved minute of the Dominion Privy Co incil to which is appended an approved report of the Executive Council of British Jolumbia, expressing the concurrence of the government of that province in a rep jrt drawn up by the Minihter of Finance and Agriculture on the subject of the Acts passed by the provincial legislature in 1898 containing provisions prohibiting the employment of Japanese on certain works. 2. The provincial government represent that these provisions are required by the economic conditions of British Columbia and they regret their inability to introduce legislation for their repeal. 3. Her Majesty's government fully appreciate the motives which have induced the government and legislature of British Columbia to pass the legislation under consideration, and recognize the importance of guarding against the possibility of the white labour in the province being swamped by the wholesale immigration of persons of Asiatic origin. They desire also to acknowledge the friendly spirit in which the ropresentations they have felt compelled to make have been received by the government of British Columbia, and regret that after carefully considering the minute of the Executive Council they feel unable to withdraw the objections t'.iey have urged to the legislation in question. 4. There is no difference between Her Majesty's government and the govern- ment of British Columbia as regards the object aimed at by these laws, namely, to ensure that the Pacific province of the Dominion shall be occupied by a large and thoroughly British population rather than by one in which the number of aliens largely predominates, and many of the distinctive features of a settled British com- munity are lacking. 5. The ground of the objection entertained by Her Majesty's government is that the method employed by the British Columbia legislature for securing this object, while admittedly only partial and ineffective, is such as to give legitimate offence to a power with which Iler Majesty is, and earnestly desires to remain on friendly terms. It is not the practical exclusion of Japanese to which the government of the Mikado objects but thtir exclusion nominatim, which specifically stamps the whole nation as undesirable person.s, G. The exclusion of Japanese subjects either from the province or from employ- ment on public or quasi public works in the province by the operation of an educational tost, such as is embodied in the Natal Immigration Law is not a measure to which the government of Japan can take exception. If the particular test in that law is not regarded as sufficient, there is no reason why a more stringent and effective one of a similar character should not be adopted, so long as the disqualifica- tion is not based spocifically on distinction of race or colour. 7. Any attempt to restrict immigration or to impose disqualifications on such distinctions besides being offensive to friendly powers is contrary to the general principles of equality which have been the guiding principle of British rule throughout the empire; and, as your ministers are aware, Her Majesty's govern- ment, were unable to allow the Immigration Restriction Laws passed by some of the Australasian colonies in 1896 to oomo into operation for the same reasons as they are now urging against these laws in British Columbia. 8. Her Maj-jsty's government earnestly trust that on consideration of these explanations the government of British Columbia will at once procure the repeal of the provisions complained of and the substitution of legislation on the lines indicated above. 9. It this is impossible. Her Majesty's government feci compelled, however reluctant they may be to cause inconvenience to the province, to press upon your 26 DISALLOWANCE OF BRITISH COLUMBIA STATUTES. ministers tbo importance in the general interests of the empire of using the power» vested in them by the British North America Act, for cancellini; these measuros to- which Her Majesty's government object on grounds both of principle and policy. I have, &o., The Officer Administering The Government of Canada. J. CHAMBERLAIN. DowNi.va Stkeet, 29th April, 1899. My Lord, — I have the honour to transmit to you for communication to your ministers, with reference to your predecessor's despatch No. 185, of the 7th of July- last, copy of the telegram noted below on the subject of the capitation tax on. Chinese in Cana>{a. I have, &o., EDWARD WINGFIELD, For the Secretary of State. \P {G. B. 15 Victoria, 42.) Secretary of State, roroigu Affairs, London. Can.idian governruent introduced bill in parliament increasing capitation tax upon Chinese entering Canada, which would injure trade between the two nations. We have cablegraphed Chinese ambassador, London. Protest such increase, Pleusa give favourable consideration. CHINESE CONSULATE BENEVOLENCE ASSOCIATION. %f* Mr. Chamberlain to Lord Minto. Downing Stkeet, 2nd May, 1899. Governor Genaral, The Right Honourable The Karl of Minto, G.C.M.G., &c., &c. Mt Lord, — I have the honour to request that you will be good enough to inform your ministers that a note has been addressed to Her Majesty's government by the Japanese minister at this court, complaining of the "Act respecting Liquor Licenses' recently pashed by the legislature of British Columbia, of which a copy was inclosed in your despatch No. 46 of the 9th March. 2. Her Majesty's government can hardly suppose that there is any urgency for legislation to prevent the issue of licenses to pell liquor to Japanese subjects in British Columbia, and the objections urged to the other acts of the provincial legis- lature which have formed the subject of recent correspondence apply with equal force to this act, 3. Her Majesty's government will, therefore, be glad if your ministers will consider this act together with those to which their attention has already been called. J. CHAMBERLAIN. t ' DISALLOWANCE OF BRITISH COLUMBIA STATUTES. 27 to- ar J lOQ Mr. Chamberlain to Lord Minto. Downing Street, 9th May, 1899. Governor General, The Eight Honourable Tho Earl oi' Minto, G.C.M.G., &c,, &c. Mt Lord, — I have the honour to acknowledge the receipt of your despatch No. 83 of the 24th ult. forwarding copy of a letter from the Department of Justice, representing the desirability of an early expression of the views of Her Majesty's government with regard to the legislation affecting Japanese subjects passed by the legislature of British Columbia in 1898. 2. In reply, 1 have to refer you to my despatch No. 92 of the 2nd inst. I have, &c., J. CHAMBEELAIN. ax ns. ISO *ir* The Officer Administering The Government of Canada. Downing Street, 10th May, 1899. My Lord, — I have the honour to transmit to you, for communication to jour ministers, with reference to my despatch No. 89 of the 29th of April last, a copy of the documents noted below respecting the rumour of a proposed increase in the amount of the capitation tax on Chinese entering British Columbia. T have the honour to be, sir, Your obedient servant, EDWARD WINGFIELD, For the Secretary of State. to nt or >y ar in is- r1 ill in i Chinese Legation, 29ih April, 1899. The Marquess of Salisbury, K.G. My Lord Marquess, — On tho 8lh May, 1897, replying to a communication from my predecessor, Kung Tajen, relative to a jiroposed increase in tho poll tax levied on Chinese subjects entering the colony of British Columbia, Your Lordship Hid mo the honour to inform me that Her Majesty's Secretary of State for the colonies, having no official information on tho subject of the proposed tax, had transmitted a copy of Kung Tajen's note to the Governor General of Canada, with the request that His Excellency would favour him with the observations of his minister upon it, and a period of nearly two yesirs having elapsed without my hearing anything more about the matter, I had commenced to thiiilc that the information on which tho noto of my predecessor was founded had boon incorrect, or, if not, that tho government of tho Dominion had abiuidoned the idea of raising the tax. 1 regret, however, to find that this would appear not to be the case. For I have received a telegram from the Tsuiigli Yamen stating that a telegram had been received from a benevolent association of Chinese residents Tit Victoria, B.C., acquainting tho Yamen that tho Canadian government had introduced a bill into parliament with the object of raising the poll tax from $50 to $oOO. The Imperial government, by whom I have been instructed to again bring the matter to tho notice of Your Lordship, hope you will bo able to assure them that there is no foundation for the statement that such a bill has either been, or will be, presented to parliament ; for, otherwie-o, they would feel themselves compelled to protest against an act of («uch illiberality, and inasmuch as tho bill is said to affect Chinese only, against it as a violation of international comity. Within tho last twenty years, the Imperial government have repeatedly had to complain of the odious character of the legislation respecting Chinese which has » DISALLOWAXCE OF BRITISH COLUMBIA STATUTES. found favour in some British colonies, and they would view the passage of the bill in question as an aggravation of the grievances to which Chinese emigrants to those colonies have long been exposed ; and more especially would this bo the case, should the crown decline to exercise its right of vetoing the offensively discriminating measure. I have, &o., LOFENGLUH. Sir Chichchen Loh Feng-Luh, K.C.V.O.. &c., &c., &c. FoREioN Office, 4th May, 1890. Sib, — In reply to your note of the 29th ultimo, calling attention to a bill which you hear has been introduced into the Canadian parliament with the object of raising the poll tax levied on Chinese subjects in the Dominion, I have the honour to stitto that I have been informed by the Secretary of State for the colonies that he hab heai-d nothing further from the Governor General of Canada since July last, at which time it appeared that the Dominion government had no intention of increas- ing the tax in question. Mr. Chamberlain will however at once communicate with the Earl of Minto on the subject, and I shall have the honour of addressing a further note to you in due couree. 1 have, &c., SALISBURY. Mr, Chambsrlain to Lord Minto. London, 25th May, 1899. In my despatch No. 92 of 2nd May, further note has been received from Japanese legation urgirg disallowed legislation objected to before the expiration of statutory period. Hope you will be able to communicate your ministers' decision soon. CHAMBERLAIN. Ottawa, 2nd June, 18ti9. From the Honourable Sir Wilfrid Laurier, To the Honourable. C. A. Semlin, Premier, Victoria, B.C. The Federal government has only four days in which to disallow your acts relating to Japanese as urged by Imperial government which fears prejudice to Imperial relations with Japan if Act referring to Japanese is allowed to go into effect. Have you any suggestion to make as to this legislation so far as it relates to the Japanese? Immediate rth June, 1899, The committee have had under consideration a report, hereto annexed, dated 29th May, 1899, from the Minister of Justice, referring to the minute of council approved on the 17th December, 1898, respecting the statutes of the province of British Columbia, 1898, and staling that as to chapter 39 "An Act respecting the Canadian Pacific Navigation Company, Limited," ho has been iniormed that the provincial legislature at its last session, pursuant to the recommendation contained in the said minute of council, passed an amendment removing the grounds of objection to which the Minister of Justice callea attention in his loport of the 8th November, 1898, approved by the said minute, and that the Act may, therefore, be left to its operation. The minister recommends with respect to the Acts which weie stated by the said report to bo objectionable as affecting Japanese in British Columbia, which Acts are chapters 10, 28 30, 44, 46, 47, 48, 50, 52, 53, 54, 55, 56, 57,-58, 59, 60, 61, 62, 63 and 64, that the same be left to their operation except chapters 28 and 44, with an earnest recommendation to the provincial government based upon the reasons stated in his report of the 29lh May, 1899, herewith, that at the next ensuing session of the legislature they introduce legislation in each case to repeal the clause in question. The minister further recomniendK for the reasons set forth in the said report of the 29th Maj', lb99, that chapter 28 of the statutes of the province of British Columbia, 1898, intituled " Ati Act relating to the employment of Chinese or Japanese persons on works carried on under franchises granted by Private Acts," and also chapter 44 of the said statutes ontituled " Ttie Tramway Incorporation Amendment Act, 1898," be disallowed. The committee concur in the said report and the recommendations therein set forth and submit the same for Your Excelkncy's approval, and the committee advise that a certified copy of this minute, if approved, together with a copy of the said report, be transmitted to the Lieutenant Governor of British Columbia for the information of his government. JOHN J. McGRB, Clerk of the Privy Council. To His Excellency The Governor General in Council. Department of Justice, Ottawa, 29th May, 1399. British Columbia Leoislation. The undersigned referring to his report respecting the statutes of the province of British Columbia of 1898, dated the 8th of November last, which was approved by Your Excellency in Council on 17th December, has the honour to state that i» 30 DISALLOWANCE OF BRITISH COLUMBIA STATUTES. to chapter 39 : •* An Act respecting the Canadian Pacific Navigation Company, Limited," the undersigned haii been informed that the provincial legislature at its last aession pursuant to the recommendation of the said report, passed an amend- ment removing the grounds of objection to which the undersigned called attention, and thiit the Act may, therefore, be left to its operation. The Acts which are stated by the said report to be objectionable as affecting Japanese in British Columbia, are chapters 10, 28, 30, 44, 46, 47, 48, 50, 52, 53, 54, 65, 5(i, 57, 68, 59, 60, 61, 62, 63 and 64. As to these statutes the recommendations of the said report have been carried into effect, and Your Excellency's government have communicated with Her Majesty's government and with the provincial government. The undersigned by his report of 7th March last, whicli was approved by Your Excellency on the 13th March, submitted copy of the reply of the provincial government and recommended that it be transmitted to the Kight Honourable the Principal Secretary of State for the coL-.ies in order that he might submit any observations which he mightdeem proper for the consideration of Your Excellency's government. There has been referred to the undersigned copy of a despatch from Mr. Chamberlain to Y'our Excellency, dated 23rd March last, acknowledging the des- patch of Your Excellency of the 27th Februaiy, No. 40, forwarding copy of a letter from the Japanese Consul at Vancouver in which ho calls attention to certain measures which were introduced by the legislature of British Columbia during the last session prohibiting the employment of Japanese, and renewing with regard to these measures the objections whi a he urged against the legislation now in question. It is stated in this despatch that Her Majesty's government much regret to find the government and legislature of the province of British Columbia adopting a course which is justlj' regarded as offensive by a friendly power and that Her Majesty's government strongly deprecates the passing of exceptional legislation affecting Japanese already in British Columbia. The undersigned has carefully considered the reasons stated in support of the legislation by the government of British Columbia. Ho observes that the statutes in question have not rendered unlawful the employment of Jupanese gener- ally, yet they have that effect so far as the companies incorporated by the provin- cial legislature and within the application of these statutes are concerned. Such legislation may operate to diminish Chinese and Japanese immigration into the province which as appears by the statement of the provincial government is the main object, or, if, as is to be inferred from the provincial despatch, the conditions are such as to induce employers to profor Asiatic labour, the result might be such as to cause employers to carry on their business as individuals or partnerships rather than as corporations under the laws of the province. The undersigned does not con- sider however, that the reasons urged on behalf of the province or any other reasons which occur to him are such as to justify Your Excellency's government in approv- ing of the legislation, in view of the strong objections urged againstit by the govoro- luent of Japan, which objections have been so far upheld by Her Majesty's govern- ment as the correspondence upon the subject shows. The advantages to be derived by the province of British Columbia from these enactments are in the opinion of the undersigned very doubtful and not at all corresponding in impoitance to the advantages which may be expected both for the province and the Dom- inion at large from a friendly sentiment on the part of Japan in matters of com- merce and otherwise. When it is considered further that those enactments may affect not only the relations between the Dominion and Japan, but also the relations of the empire with the latter country, as Her Majesty's government seem to appre- hend they may do, the duty of Your Excellency's government to provide a remed}' BO far as the circumstances fairly permit, becomes apparent. It is peitineni hero to remark also that the authority of a province to legislate in relation to immigration in the province is, by the British North America Act, made subordinate to the authority of parliament, and as these Acts are upheld largely as affecting immigiation, the case seems to bo one in which it is intended that Dominion policy should prevail. ' ■ DISALLOWANCE OF BRITISH COLUMIilA STATUTES. 31 *. • The power of the legislature to enact these statutes is not by any means free from ■doubt because they principally affect the rights of aliens, and the subiect of aliens is not within provincial authority. It is not, however, in view of the foregoing considerations nocessary at present to determine the question of ultra viret. The undersigned observes that chapter 28 to which the short title is given of " The Labour Regulation Act, 1898," is confined in its provisions to the employment, in British Columbia, of Chinese or Japanese, and chapter 44, entitled the Tramway Incorporation Amendment Act, 1898, Those Acts may, therefore, be disallowed without serious inconvenience. The other statutes mentioned in the report of the undernigned, of 8th November last, are mainly concerned with the incorporation of companies, and they came into effect upwards of a year ago. In these cases or some of them doubtless companies have been organized and property acquired, debts and obligations incurred and business transacted on account of which great incon- venience, confusion and loss would result if the Acts upon which these companies depend wore now disallowed. The corporations themselves and the persons who have dealt with them cannot properly be hold responsible for the objectionable provision in the constituting Acts, because this section scorns to have been introduced in pur- suance of a policy of the government to disqualify Chinese and Japanese from employment by provincial corporations. The effect of such a provision also, being confined to a few corporations, is comparatively limited. The undersigned, therefore, •considers that the justice of the case will be mot by disallowing the General Act, namely chapter 28, cited as " The Labour Eegulation Act, 1898," and also chapter 44 entitled " The Tramway Incorporation Amendment Act, 1898 ; " and on account of the inconvenience, confusion and loss which would otherwise ensue, leaving the other statutes to their operation, with an earnest recommendation to the provincial government based upon the reasons stated in this report that at the next ensuing session of the legislature they introduce legislation in each case to repeal the clauf^e in question. The undersigned further recommends that a copy of this report, if approved, be transmitted to the Lieutenant Goveinor of British Columbia, for the information of ills government. Eespectfuliy submitted, D. MILLS, Minister of Justice. , AT THE GOVERNMENT HOUSE AT OTTAWA. Monday, the 5lh day of June, 1899. Present: His Excellency in Council. Whereas the Lieutenant Governor of the province of British Columbia, with the legislative assembly of that province, did on tho 20th day of May, 1898, pass an Act which has been transmitted, chaptered 28, and intituled: "An Act relating to the employment of Chinese or Japanese persons on works carried on under Fran- chises granted by Private Acts " ; And whereas the said Act iias been laid before His Excellency the Governor