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THE UNITED AMERICAN
pleased with the influx of immigrants, ninety per cent
of whom were of constructive value, producers and
homebuilders. Few took an interest in them socially, so,
they set up their own community of interest, according
to a foreign pattern. Rarely anyone suggested that
they should interest themselves in becoming citizens,
for that reason they remained aliens, though builders
of the community, home owners and tax payers. The
upishness of the American neighboring section of the
community made it more forbidding and added a strong
impetus to the organized sentiment of protest in the
foreign section which in many cases developed soci
alistic tendencies and radicalism.
When the war came the large bulk of the immi
grant people of this section — the government records
attest the correctness of this statement — answered
that they were ready to serve. A large number even
volunteered before conscription of America’s youth be
came necessary. There were an unfortunate number
of aliens who claimed exemption, and, a still larger
number who spoke disparagingly and volubly against
our government. But the percentage was much
smaller. The public protest and indignation, however,
soon lost sight of the record of those who entered the
service so willingly.
In applying remedies against the unworthy aliens
we have unwittingly struck the worthy immigrants,
co-builders with us, many an undeserved blow.
When the feeling against soine radical aliens in
Astoria, Oregon — chiefly directed against an undesir
able foreign language editor (whom the government
since has deported) and against some propagandists
infesting the colony of immigrant fishermen in that
locality — had gained sufficient ground to make con
certed action possible, some irresponsible people of a
revengeful mind invented the idea of attaching an anti
alien fishing clause to the fish-legislation program of
the Oregon Legislative Session in 1921, and succeded
in causing its passage. The measure so passed reads as
follows:
Sec. 131. Licensee Must Be Citizen. That it shall be
unlawful for any person to fish or take for sale or profit any
salmon, sturgeon or other fish in any of the rivers or waters
over which the states of Oregon and Washington have con
current rights and concurrent jurisdiction; unless such person
be a citizen of the United States' and has been for one year
immediately prior to the time he makes application an actual
resident of the state in which he seeks to obtain his license.
As no one seemed to know the citizenship status of
the fishermen in the Columbia river districts, start
ling revelations ensued when the little innocent “rider”
had become law. A primary check brought the sad
realization that if the law was to be rigidly enforced,
some canneries would not have any fishermen at all
and in no instance would there be a crew sufficient to
make operation at all profitable, so far as the canneries
were concerned. The loss to the state of Oregon
would, in the event of a strict enforcement, have been
sufficient to cause the state serious economic embar
rassment.
The 1921 legislative body in the state of Washing
ton declined to adopt a similar arrangement, as sug
gested by representatives from the Oregon legislative
■MR
NOVEMBER 1925
body. This made the situation more precarious for the
Oregon fishing interests.
A predisposition to apply a constitutional test to
the law, before abiding by its provisions, became some
what general in Oregon b6fore the season opened in
the spring, the same year the law was enacted. This
course of reason was amply sustained by precedents.
While the “test case” was being advanced on the court
docket the alien fishermen generally continued to fish
as they had done for years. Just how the state author
ities, in this emergency, regarded the law may be con
jectured. Many believed confidently that the courts
would find cause to set the act. aside on the ground
that it was an infringement on certain inalienable
rights, etc., etc., but this hope was shattered when the
supreme court of Oregon in its decision advised the
plaintiffs to seek the remedy where the damage was
done —• in the legislature.
The intolerant attitude of mind, in the meantime,
was sweeping through this section of the country,
rendering a large percentage of people bereft of good
reason and sound judgement.
The 1923 Legislature of the state of Washington
was more susceptible to the anti-alien propaganda,
which the proponents, for reasons of their own, had
carefully wrapped up in the agitation against a Japa
nese encroachment, and before that session adjourned
the following intangibly worded measure was passed
and became law:
Section 5711. It shall be unlawful for any person to fish
or take for sale or profit any salmon or other food or shell
fish in any of the rivers or waters of this state or over which
it has concurrent jurisdiction in civil and criminal cases, unless
such person prior to January 1, 1924, be a citizen of the United
States or has declared his intention to become such and is
and has been, for twelve months immediately prior to the time
he engages in such business, a resident of this state or an
adjoining state, and from and after January 1, 1924, unless
such person be a citizen of the United States and is and has
been for twelve months immediately prior to the time he
engages in such business an actual resident of this state or
an adjoining state; but this section shall not apply to Indians,
and nothing in this act shall be construed to prohibit fishing
or the taking of fish with a hook and line. The word “fishing”
as used in this act shall be deemed and construed to mean the
catching or taking of food fish with any appliance, gear or
trap, floating or fixed, whatsoever.
Many contend that no set of laws governing the
regulation of any industry have ever caused so much
grief and such untold difficulties as the matchless
alien exclusion laws of these two Northwestern states.
Violations have been more than common. Alien fish
ermen with families, loath to violate any law of the
land, yet unable to pass the intelligence requirements
for naturalization, have in many instances been forced
to choose between violating the law or letting their
families suffer.
Had these laws been passed with a three to four
year period of grace, aliens, eligible to citizenship,
would have had an opportunity to study for citizenship
while earning a livelihood for their dependents, but the
measures were in each instance passed without any
period of grace.
Even till this day there are people in Oregon and
Washington — some are members of the present legis
lative bodies — who do not know that any other kind