ARGUMENT OF MR. ROOT 357 



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 Peesident: 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 emplo5dng certain 

 categories of persons. It may be that the question has this meaning, 

 but it seems not to be clearly expressed. 



Senator Root: That may be. Perhaps after ascertaining what 

 doubts arise upon the form of the question in any case, a question 

 might be usefully reframed for the purpose of meeting the doubts. 

 But I do not see how it is possible for you to decide upon anything 

 but the effect of the habitancy or non-inhabitancy upon the right 

 of the employer, for that is all there is in the question, and, as to 

 the incidental effect of the legislation, I do not see how it is possible 

 for you to limit that by going on and deciding a lot of other possible 



