To provide for these contingencies, therefore, the Secretary of Commerce and Labor has issued special instructions, incorporated in two departmental circulars, with reference to the more expeditious disposal of cases of alien anarchists and criminals as well as of alien women and girls found to be leading an immoral life. The secretary specifically directs that "when it is impracticable to ascertain the date of the alien's arrival, by reason of his concealing it or refusing to disclose it, it may be assumed for the purpose of the preliminary proceedings that the date of his landing is within the three years fixed by the statute." The burden of proving the contrary in such cases is thus cast upon the alien involved.

It is probable that this regulation fills the gap in the existing law as well as practicable. But there has arisen the demand for legislation to provide a distinct and separate basis for treating the cases of alien felons, criminals, and anarchists whose criminal. record, belief, or practice is established, recognized, or demonstrated subsequent to landing. One of the sources of this demand. is seen in the attitude of the great body of our immigrant population whose true interests are obviously identical with those of the nation. From this standpoint it is but a step to a recognition of the fact that their interests may be especially subserved by the provision of more effective means for ridding the country of undesirable aliens the results of whose activities are peculiarly harmful to the fair name of the respectable foreign element. To retain such aliens in our communities, moreover, is to invite the establishment of a professionally criminal class. Their acquirement of a domicile implies the creation of homes with children. who may perpetuate and increase the number of the undesirable type. If the United States is ever to be seriously afflicted with the disease of anarchism its source may be traced to infection from alien anarchists. The epidemic will be spread, however, by the offspring of the alien criminal class in this country.

These possible eventualities are not pleasant to contemplate. It may be that the existing tendencies are overrated. Nevertheless there are substantial grounds for advocating more stringent measures in dealing with the alien criminal classes. It is believed

that the immigrant's bill of rights does not wholly accord with the highest interests of the state. The need is felt of a wiser adjustment based upon what is thought to be a clearer perception of individual rights as limited by the prerogatives of organized society. The sentiment in favor of readjustment, and in the form of protest, has not in the past been voiceless; but it has failed to crystallize in definite and acceptable recommendations. These recommendations may be broadly comprised in two. The first relates to those classes of aliens who under the present laws are subject to expulsion from causes existing prior to landing; the second is in the nature of a proposal to provide for the expulsion of similar classes of aliens on the basis of causes operating or arising subsequent to arrival.8

In the first place it is suggested that the period during which expulsion may occur be extended from three to five years. Further recommendation is made that the burden of proof in the cases of criminals, anarchists, and immoral women or girls be definitely placed by statute upon the alien malefactor as in the cases of "assisted immigrants" applying for admittance to the United States. In sec. 2 of the act of 1907 it is provided that aliens who are assisted to migrate to the United States shall for that reason "affirmatively and satisfactorily" show that they do not belong to any of the excluded classes. Similarly the three classes of aliens above named might be required affirmatively and satisfactorily to show either that they are citizens of the United States or that they have resided in the country for a period of more than five (three) years. In the absence of such showing they would be subject to expulsion. This, again, would be simply an adaptation of the law which for years has been applied to all Chinese persons in the regular administration of the Chinese Exclusion Acts. It is provided in sec. 3 of the act of May 5,

The Canadian immigration law provides for the deportation of any immigrant who "has, within two years of his landing in Canada, become a public charge, or an inmate of a penitentiary, jail, prison, or hospital, or other charitable institution." No distinction is made between "prior" and "subsequent" cases. (See Law and Regulations of Canada Respecting Immigration June 20, 1908, at Ottawa.)

1892, that "any Chinese person arrested under the provisions of this act shall be adjudged to be unlawfully within the United States unless such person shall establish, by affirmative proof, to the satisfaction of such justice, judge, or commissioner, his lawful right to remain in the United States." Shall we continue to accord a greater degree of consideration to the alien criminal than to the peaceable and comparatively harmless Chinese?

Under the second heading it is recommended that the law of expulsion be extended to cover the cases of criminals and anarchists convicted for crimes committed and anarchism preached or practiced within five (three) years subsequent to landing. In subsequent as well as in prior cases, of course, it would be incumbent on the alien, desirous of avoiding expulsion, to prove his American citizenship. In either case it would not be difficult to determine the actual citizenship of the alien involved and the country to which the unnaturalized should be returned."

There are obvious difficulties to be surmounted in the framing of a law sufficiently comprehensive to cover this field in such manner as equally to serve the ends of justice and humanity. It would be of primary importance, for example, by reason of the varying standards in different states, to define the status of a criminal or felon within the meaning of the act. The enforcement of such a law should be guarded by provisions to avert unnecessary hardship in particular cases. The right to a hearing would be recognized as of course in the same manner as now provided in "prior cases" of aliens arrested under authority of departmental warrant. The final decision would as at present be rendered by the department at Washington after review of all evidence presented.

The issue presented in this proposal for amended legislation is of wider application and larger import than may at first appear. It involves, in fact, the entire question of law-enforcement in America. For it seems by general assent that crime in the United States is on the increase. By the same general assent of those qualified to speak the cause for this increase is a weakenIt is assumed that as a rule deportation would not be effected until sentence had been served.

11

ing in the enforcement of law. One writer plainly attributes the anomalous state of affairs-which in the twentieth century is nothing less than an anachronism-to the "weakening of law rather than an excess of bile." 10 Another authority 11 deplores our toleration of crime as expressed in a lenient spirit of administration as well as variations in the enforcement of law. This is, however, but one illustration of what has developed into our national failing of excessive individualism. This again is ultimately responsible for that attitude which is characterized by an extreme regard for individual interests and by comparative indifference toward matters affecting the welfare of society as a whole.

But we are on the verge of a digression. Perhaps a digression would be pardonable, however, if it might serve to fix attention upon two points. The one concerns an amendment to the immigration laws. The other relates to the moral effect upon the enforcement of law in general which will accrue from the strengthening of the laws affecting aliens of the so-called criminal class.

10 Professor E. A. Ross, of the University of Wisconsin, Sin and Society: An Analysis of Latter-Day Iniquity, p. 5. Houghton, Mifflin & Co.

See an address entitled "Law and License," delivered at Nashville, Tennessee, February 7, 1907, by Judge William Holcombe Thomas. Published by The Paragon Press, Montgomery, Alabama.

PUBLIC OPINION

WALTER J. SHEPARD

University of Wisconsin

There are few terms used more frequently or with more assurance than Public Opinion. It is constantly upon our tongues to explain the most ordinary social and political occurrences. Every newspaper employs it on an average several times in each issue; every politician and statesman refers to it in nearly every speech. Were it to be lost from our daily vocabulary it would be quite impossible to make ourselves understood in any discussion or conversation about political matters. And yet, I venture to say, few terms are so incapable of exact definition or, indeed, carry with them so indefinite and misty a significance, even to those who employ it most frequently. Ask the ordinary man of the street who has just used these words of conjuring potency what they mean and he will be completely at a loss to answer you. Interrogate the scholars who have studied social and political phenomena most carefully and you will receive replies of extremely divergent character. Government by Public Opinion is also a phrase in common use. Few will deny that public opinion does govern to a great extent in the United States and is at least a powerful governing force in all other civilized countries. But how this intangible, inexplicable force operates upon the machinery of governments; how it makes itself felt by rulers, and what are the sanctions which compel obedience to its mandates are problems little understood and subjects of much disagreement. Like electricity, it is known to be a force of great potency; its effects are perceived on every hand; it is, indeed, utilized and employed by experts, but an adequate explanation of the force itself or of its modes of application is as yet wanting. I shall not attempt in this article a complete solution of the problems connected with a study of public opinion. It shall suffice to present some of the most patent facts which such a study reveals.