ARGUMENT OF ELIHU ROOT. 2217 



SENATOR ROOT: I think the limitation comes from two things: the 

 fact that the question relates to the competency of the employer 

 solely, and to the existence or non-existence of the status of in- 

 habitancy. That is all the question relates to, and it excludes other 

 causes which might prevent the contemplated employee from accept- 

 ing employment and prevent the making of a contract. 



SIR CHARLES FITZPATRICK: It would not, I suppose, be assumed 

 that if a foreigner without mentioning any particular nationality 

 were prohibited from entering the country, such foreigner could be 

 employed by an inhabitant of the United States in connection with 

 this industry? 



SENATOR ROOT: Well, there is another question which is not here, 



SIR CHARLES FITZPATRICK: Is it not impliedly here? He would 

 not be an inhabitant of the United States? 



SENATOR ROOT: No; but it would not be his non-inhabitancy of 

 the United States, which is all that this question involves, that would 

 prevent his being taken in. It would te the existence of a law that 

 excluded that particular class of aliens. 



SIR CHARLES FITZPATRICK : It would be by reason of some personal 

 disqualification? 



SENATOR ROOT: Yes, of a law prohibiting criminals to be brought 

 in. I should not say that you are called upon, in passing upon this 

 question, which specifies the right of the employer and the criterion 

 of inhabitancy, to pass upon the question whether they would be 

 entitled to take habitual criminals in, or people who are of immoral 

 character, or people who are diseased, or people specially excluded 

 for any particular cause. The range of the questions is too vast to 

 regard them as being included within this question, which simply 

 points to inhabitancy as affecting the right of the employer. 



THE PRESIDENT: You consider the question as if it were put in 

 these terms: Is non-inhabitancy a reason for preventing the United 

 States from employing certain persons in their crews on fishing- 

 vessels ? 



SENATOR ROOT : Yes, from employing such persons. 



THE PRESIDENT: Is non-inhabitancy a reason for preventing them? 



SENATOR ROOT: Yes. 



THE PRESIDENT: But the question is not framed in that way. It is 

 framed in a more objective way : 



" Have the inhabitants of the United States, a right to 



employ as members of the fishing crews of their vessels persons not 

 inhabitants ? " 



We are asked whether the United States are entitled to employ 

 these persons, and we are not asked whether the United States are 

 prevented, by reason of non-inhabitancy, from employing certain 

 92909 S. Doc. 870, 61-3, vol 11 41 



