Mr. Storer to Mr. Hay.

No. 37.]

Sir: I have the honor to inclose a translation of the proposed law of Hungary relating to emigration, with the amendments adopted up to the present time, together with the “exposé de motifs,” or recommendations of the minister of the interior, which according to custom accompanies the bill for its explanation to the Parliament.

I venture to call the Department’s attention to the reasoning and admissions of the minister of the interior, who is, in addition, prime minister or president of the council of ministers of Hungary, as showing the attitude of that Government toward its former citizens and its desire to keep control over them even after they have become residents of the United States.

This attitude on the part of other governments constitutes an interesting and important subject of consideration for our own Government.

* * * * * * *

I have, etc.,

Bellamy Storer.
[Inclosure 1.—Translation.]

Bill of regulation for emigration.

Chapter I. Emigration in general.

  • Sec. 1. In point of view of the application of this law he is considered an emigrant who goes to foreign countries with the object of continuously living there for an indefinite time.
  • Sec. 2. In regard to emigration the following restrictions have been established:
    (a)
    Those who on account of military laws are obliged to present themselves before the authorities or are subject to military service are allowed to emigrate only with the permission of the respective competent authorities.
    (b)
    Persons who are under preliminary investigation or examination for having committed a crime or offense, against whom either the judicial or police authorities have issued a warrant of arrest, are not permitted to emigrate at all.
    (c)
    Minors can emigrate only if they are able to show the written and officially legalized consent of their father or guardian, and those who have not yet attained their fifteenth year of age—even under those conditions only—can emigrate in company of a responsible adult, and then only on condition that a future home is provided for them at their place of destination.
    The following are not allowed to emigrate:
    (d)
    Those parents who intend to leave children under 15 years of age at home without providing for their proper care.
    (e)
    Those who have not sufficient funds for the journey to the place of their destination or for the conditions which are established in regard to the immigration in the country to which they wish to emigrate.
    (f)
    Those who are promised by the government of any foreign country, or by any colonization or similar company or a private person looking to organized colonization, free transportation in whole or in part, or any advance of cost of transportation.
  • Sec 3. Every emigrant must supply himself with a passport as required for that country to which he desires to emigrate.
  • Sec 4. The ministry furnishes emigrants—if they apply for it—full and reliable information as to all conditions with reference to those States or those countries to which they have the intention of going.
  • Sec 5. The ministry is empowered to prohibit the emigration into any other dominion or into any foreign country where the life, health, morals, or property of the emigrants may be placed in jeopardy; and this either universally or for persons of any particular occupation only.
  • Sec 6. The ministry is empowered to restrict emigration, in any particular direction or directions, as may seem best from the standpoint of public inspection (health) or to protect the interests of the emigrants.

Chapter II. The passenger traffic—Contractors and agents.

  • Sec 7. He who wishes to engage in the transport of emigrants must have a license. The license is granted by the minister of the interior.
  • Sec 8. A license is granted to:
    (1)
    Resident contractors, whether individuals or associations, provided the personally responsible managers are Hungarian citizens.
    (2)
    Nonresident contractors whether individuals or associations.
    (a)
    Provided they nominate a resident citizen of Hungary as their representative for Hungary both in all matters regarding the emigration and also their relations toward the authorities, with full power and responsibility.
    (b)
    Provided they subject themselves to the Hungarian law and the Hungarian courts of justice in case of differences arising through said traffic (business).
  • Sec 9. Every applicant for such license must prove ability to transport emigrants safely and deposit in advance at least K100,000 as security.
  • Sec 10. The license is only to be granted for designated countries; parts of countries or places, and if the journey be by sea, only for designated ports.
  • Sec 11. The license gives the manager the right to extend his business over the entire territory within the scope of the law.
  • Sec 12. The contractor is bound from time to time to lay his tariff of fares before the minister of the interior for approval. Higher rates than approved of can not be charged.
  • With the exception of the advertisement regarding time-tables, subsistence and fares it is forbidden to issue proclamations or information concerning emigration or to send any such to individuals.
  • Also, it is forbidden for contractors as well as for their agents to attempt to induce emigration either verbally or by letter, or to encourage it, or to solicit from door to door, and to ask or accept any reward or service from emigrants excepting the fare.
  • Sec 13. The contractor is allowed, with the permission of the minister of the interior, to have his business managed by a representative, and also to establish branch offices. In respect to the person of the representative the approval of the minister of the interior is required.
  • Sec 14. License as such agent can be obtained only by one fulfilling the following requirements:
    (a)
    If he is a Hungarian citizen.
    (b)
    If he lives within the judicial district, or in one of the districts in which he is doing business.
    (c)
    If he is not under guardianship or trusteeship, is not insolvent, if no criminal proceedings in penal law are pending against him, and if he has never been condemned to imprisonment for crime or offense committed for self-interest (Paragraph XXXVIII, ex of the law of 1881) or a transgression coming under that law, and if his morality and reliability are without reproach.
  • Sec 15. The contractor may appoint a representative to make contracts. In every case of appointing such a representative the approval of the minister of the interior is required.
  • Sec. 16. The contractor is responsible according to civil law for every action of his representative within the scope of the emigration business.
  • Sec. 17. The representative is not to be paid by commissions on the contracts he has made, but only by a regular salary stipulated in advance.
  • Sec. 18. Only one who answers to the conditions required in section 14 regarding representatives may be appointed as one. Officers of state, of justice, magistrates, and subordinate functionaries, clergymen, and school-teachers can not be representatives.
  • Sec. 19. The business territory of such representative is to be bounded only by the limits either of a designated judicial district or by those of several designated judicial districts.
  • In the same district only one representative of the same contractor is allowed to carry on business.
  • Sec. 20. The manager is allowed to carry on his business in person only, and neither he nor any of his family nor any of his employees are permitted to conclude any contract for the transport business for any other manager or on their own account.
  • The injunction of section 12 refers also to the representative.
  • Sec 21. The concession (or license) of the manager and that of his representative, as well as the grant of authorization, can be limited or withdrawn at any time by the minister of the interior.
  • The concession is to be withdrawn:
    (a)
    If the person concerned no longer satisfies the requirements contained in sections 8, 14, and 18, respectively.
    (b)
    If events occur to show that the manager, his representative, or substitute are unreliable in regard to the management of the concern.
    (c)
    The concession is to be withdrawn from the manager also if the deficit which arises by the legal deductions from the security deposited is not made good within fifteen days from the day of the demand in due form.
  • Sec. 22. The security (guaranty) deposited by the manager is intended to cover all liabilities as also all fines and expenses growing out of the business, whether payable to the authorities or private parties.
  • The nature of the security as well as the manner of depositing it, the management and restitution is to be decided by the minister of the interior according to decree.
  • Sec. 23. The manager as well as his representative are bound to keep books, which must be conformable to the rules of business and the laws of trade, and as prescribed by the minister of the interior. He must also keep a copying book for his correspondence.

The management of the deposit and form of contract to be used are to be fixed by decree of the minister of the interior.

The minister of the interior, as well his authorized substitute, and the police authorities, have the right to investigate the management of the business at any time, to make abstracts of the accounts, and to control the proceedings of the manager and his representative generally.

Chapter III. Legal relations between the manager and the emigrant.

  • Sec. 24. The contractor is allowed to carry through the transport of the emigrant only on the authority of a contract in writing, made in advance.
  • With persons who have no passports, as well as with persons mentioned in section 2, it is forbidden to enter into a contract.
  • Sec. 25. The contract is to be drawn up in the Hungarian language, or to be drawn up in columns both in the Hungarian language and in the mother tongue of the emigrant, in duplicate, one of which is given to the emigrant, the other remaining with the manager or the agent. The contract must contain the following:
    (1)
    The full name, age, and place of residence of the emigrant.
    (2)
    The exact route to be taken is to be stated and the place to which transport is to be contracted for.
    (3)
    The exact time of starting; in case of an ocean vojage the name of the vessel as well as the day fixed for sailing.
    (4)
    For a railroad journey the class must be stated; if by ship the position must be designated which the emigrant, respectively, his family and luggage are to occupy.
    (5)
    The exact stipulation of the fare in figures and words.
    (6)
    The requirements of this law regarding the duties of the contractor and of settling possible complaints.
  • Sec. 26. The contractor binds himself:
    (1)
    To send the emigrant with his family luggage to the place stated in the contract for the fare set down therein, which must under no consideration be raised.
    (2)
    To provide sufficient, wholesome, and clean board and lodging for the entire journey, in case the emigrant has not stipulated to provide for himself during his journey on land.
    (3)
    To provide medical treatment free of charge, and in case of death during the voyage, free funeral
    (4)
    To insure the luggage against damages and loss and the head of the family against accident, according to the rates approved by the minister of the interior. This insurance premium sum may be stipulated in the contract outside the fare.
    (5)
    If the trip is postponed or interrupted without any apparent fault on the part of the emigrant, to give him entire board and lodging, wihout any extra charge, and to send him and his luggage on to his place of destination as rapidly as possible.
  • Sec. 27. If the delay lasts longer than a week the emigrant is allowed to cancel the contract and to demand the return of the fare already paid, while he has the right in case of having suffered any loss thereby to claim damages according to the general laws.
  • Sec 28. The fare can also be reclaimed in case of the death of the emigrant or a member of his family who accompanies him, dying before beginning the sea voyage, or of being prevented from leaving by illness, or other circumstances for which it can be proved he is not responsible.
  • Half of the fare can be redemanded if the emigrant cancels the contract for any reason whatever before starting on his journey.
  • Sec 29. Agreements which violate the provisions of sections 12, 26, 27, and 28 are invalid.
  • Sec 30. The contractor is obliged to bring back without any extra charge such persons who, notwithstanding the prohibition contained in section 24, are sent on without a passport, if these persons had no right to emigrate according to section 2.
  • Sec 31. During sea voyage the contractor is obliged to see that the vessel which the emigrants are to sail in is perfectly in order for the designated course, is furnished properly, well appointed, and provided with sufficient provisions. The same obligation is incumbent on the master of the vessel.
  • Sec 32. The vessel which carries emigrants is examined before sailing by the proper authorities, with the concurrence of the port authorities, to ascertain whether it meets all the demands pointed out in the preceding sections.
  • Further, every such vessel of that kind is examined before sailing, as well as the emigrants and the crew as to the state of their health, by the proper medical authorities.
  • Sec 33. Within the meaning of this law seagoing vessels are considered fit for the transport of emigrants that sail to ports non-European, and carry at least 25 passengers, not including those in separate compartments.

The minister of the interior is authorized to make full arrangements, in accord with the minister of commerce, respecting the quality of such vessels, their accommodations and appointments in regard to their supply of provisions, their official examination and control, also regarding the medical examination of travelers and crew, the prohibition of the embarking of sick people, and preservation of health and morality among the emigrants.

Chapter IV.Emigration fund.

  • Sec 34. For the relief of members of the families of emigrants who remain behind in poverty, for Obtaining information for them as to those already emigrated, for providing employment, for founding asylums for them, and lastly for covering, partly or entirely, the traveling expenses of those destitute of means who desire to return to their native country, special funds must be raised.
  • Such funds are to be raised:
    (a)
    From appointing for this object in the government budget.
    (b)
    From all unexpended balances received from issuing passports after deduction of stamp duty and fees.
    (c)
    From the fees fixed by law which are to be paid by the transport contractors on obtaining licenses.
    (d)
    From the annual dues to be fixed by contract, payable by all banking institutes which may be intrusted with the management of the funds of the emigrants and with their return-passage money.
  • Sec. 35. The emigration funds shall be-under the management of the minister of the interior, who renders account of them in his annual balance.
  • Sec. 36. The minister is instructed to provide for the proper administration of the deposits, and to insure the safe delivery of money sent back by emigrants by means of the Royal Hungarian Postsparkasse, or a reliable Hungarian bank.

Chapter V.—Officials.

  • Sec. 37. For the fitting treatment of the questions regarding emigration, as well as to aid the minister of the interior in the performance of these duties, a council of emigration is to be organized.
  • Sec. 38. The minister of the interior is president of this council; in case of his being prevented, the government’s secretary (first assistant of the minister) takes his place.
  • The members of this council consist of: One appointee of the prime minister, one member each from the police and sanitary upper divisions of the ministry of the interior, justice ecclesiastic affairs and public instruction, of commerce, agriculture, and the department of national defense; then of 10 members, named by the minister of the interior, from the chambers of commerce and agricultural societies, or those engaged in agriculture, manufactures, or commerce. The minister of the interior decides as to organization and business order of the council of emigration.
  • Sec 40. To supervise the operations of this law, as well as for the direct inspection of the entire emigration business, the minister of the interior is authorized to appoint a commissioner of emigration, possessing the rank of a Government official (Staatsbeamter), and assistants, according to need.
  • Sec. 41. The commissioner of emigration is entitled to be present at the examination of vessels (sec. 32) for transport of emigrants, and even to make an independent examination. He is to report to the minister of the interior any possible deficiency or irregularities which are noticed, and, in special cases, to inform the local authorities.
  • The masters of vessels for carrying emigrants are obliged, if the commissioner so desires, to furnish a true statement of all conditions of the ship and its route, and to allow him at any time to inspect the ship and examine the ship’s papers.
  • Sec. 42. The commissioner of emigration is the immediate subordinate of the minister of the interior. His compensation, as well as that of those assigned to him as assistants, will be put in the annual budget. Any special services are regulated by the minister of the interior.

Chapter VI.Articles in the penal code.

  • Sec. 43. Any contractor or contractor’s agent who violates the stipulations of sections 12, 13, 14, 23, 24, 26, and 31, or who does not observe the decrees issued by the minister of the interior in accordance with this law in case such action on his part does not include a graver offense, commits a misdemeanor, and is to be punished by imprisonment not exceeding two months, as well as by fine amounting not evceeding K. 600 (about $120).
  • In case this misdemeanor is committed by the agent, but with knowledge of the contractor, or if the latter has neglected the inspection demanded by the circumstances, the contractor is liable to punishment together with the agent.
  • Every shipmaster also is guilty of a misdemeanor and punished by the same penalty who does not fulfill his duty imposed in section 31 or in the second paragraph of section 33, whether this happens in his own country or abroad.
  • Sec. 44. Any agent who does not comply with the provisions of sections 13, 19, and 24, as well as those regulations regarding the management of business which may be issued by the minister of the interior under this law, commits a misdemeanor, and is to be punished by imprisonment of not more than one month and also by a fine of not more than K. 400 (about $80).
  • Sec 45. Anyone who engages in the transportation of emigrants either as principal or agent without having the license required in sections 7 and 15 is guilty of a misdemeanor, and is to be punished by imprisonment up to two months and a fine up to K. 600 (about $120).
  • Letters, circulars, printed matter, and passage tickets sent out by contractors and agents without a license may be seized and confiscated by the proper authorities (in the post-office).
  • Sec. 46. Anyone who incites to emigration at a public meeting by speeches or by distributing printed matter and pamphlets or by exhibiting these publicly is to be punished with imprisonment of not more than two months and by a fine of not more than K. 600 ($120).
  • Sec. 47. Anyone is guilty of a misdemeanor and is to be punished by a fine inflicted upon him amounting to K. 200 who publishes, by means of press advertisements regarding emigration, traffic managers and agents who have not the permission of the ministry of the interior.
  • Sec. 48. Of all misdemeanors against the provisions of this law, in as far as these have not been committed by the press, the criminal court has jurisdiction—original and appellate jurisdiction.
    (a)
    In small and large villages, in towns with regularly designated magistrates, and with independent municipal organizations, the authorities mentioned in section 13 of the article of law XX, of the year 1901, both of the primary and appellate courts.
    (b)
    In the capital and residence town of Budapest, as in the districts of Neupest and Rakospalota, the head of the prefectory of the district shall have original jurisdiction; on appeal the local government of the district or his deputy, with appeal in the third instance to the minister of the interior.

Chapter VII.Final articles.

  • Sec. 49. For the purpose of founding emigration funds according to section 34, K. 80,000 are appropriated for the year 1903.
  • Sec. 50. At the moment of this law becoming operative, the article of law XXXVIII, of the year 1881, as well as all decrees relative to emigration, are annulled.
  • Sec. 51. The minister of the interior is authorized to fix the date when this law is to take effect, as well as with its administration.

Budapest, November 5, of the year 1902.

Koloman Széll.
[Inclosure 2.—Translation.]

Report of reasons for the Mil of regulation of emigration.

The Government and authorities, as well as all parties interested therein, and, we may say, public opinion in general, have busied themselves so thoroughly and conscientiously with the question of emigration in the last few years, with its historical development, with investigations and explanations of its reasons and the injurious effect which emigration has upon the interests of the nation and of the land, that it seems almost superfluous to give detailed reasons as to the importance of the emigration question and the necessity for regulating it. It may be sufficient only to point out the unfortunate facts, which prove that in consequence of emigration hundreds of thousands leave their native country and settle in foreign parts without our knowing where and under what conditions they exist.

Emigration has spread especially in two directions—one to the countries across the ocean, principally to North America, and on the continent of Europe, especially to Roumania.

In how great a measure emigration to foreign countries has increased from year to year we are not in a condition to state, as we do not possess any full and reliable statistics. Since 1899 the collecting of regular statistics has been ordered. These statistics, however, are misleading and insufficient because of defective organization. In order to obtain, therefore, any adequate information upon this subject we must depend upon the statistics of foreign countries or upon the reports from German, Dutch, Belgian, and Italian ports, from which ports the emigrants from our country usually set sail. We must rely upon the data of these foreign countries, principally those of the United States of North America, because the emigration from our fatherland sets especially in that direction. These data are contained in the subjoined report, published by the office of central statistics.

[Page 53]

Emigration by water for the years 1881 to 1901.

Year. From Hungary have emigrated—
From European ports according to registration of those said ports. To the United States of American, according to statistics of United States.
German ports. From Antwerp. Ports of Holland. From Genoa. Total.
Hamburg. Bremen. Total. Amsterdam. Rotterdam. Total. Men. Women. Total.
Average, 1881 to 1885 10,011 3,821 13,832 (d) (d) (d) (d) (d) (d) 7,479 2,632 10,111
1886 to 1890 8,049 14,025 22,074 b1,187 b270 b684 b954 b1,508 b28,307 12,623 4,578 17,201
1891 4,124 17,289 c21,413 5,443 784 4,314 5,098 1,046 c33,000 19,792 7,756 27,548
1892 2,645 17,667 c20,312 6,555 1,808 5,729 7,537 721 c35,125 24,203 8,480 32,683
1893 1,867 12,059 c13,926 7,178 135 679 814 1,078 c22,996 19,037 7,182 26,219
1894 1,366 4,061 5,427 2,212 20 277 297 108 8,044 5,779 3,221 9,000
1895 3,679 13,857 17,536 4,675 445 3,012 3,457 190 25,858 15,547 8,137 23,684
1891 to 1895 2,736 12,987 15,723 5,213 639 2,802 3,441 628 25,005 16,872 6,955 23,827
1896 3,082 11,726 c14,808 6,122 404 2,105 2,509 1,210 c24,649 17,529 8,350 25,879
1897 1,584 8,092 c9,676 2,820 175 762 937 673 c14,106 7,728 6,063 13,791
1898 2,135 14,758 c16,893 3,268 74 1,751 1,825 816 c22,802 13,157 7,763 20,920
1899 4,855 27,945 32,800 7,453 58 2,301 2,359 782 43,394
1900 9,691 31,627 41,320 9,697 3,072 3,072 678 54,767
1896 to 1900 4,269 18,830 23,099 5,872 142 1,998 2,140 832 31,943
1901 12,806 42,347 55,153 11,282 4,506 4,506 (d) 70,941

In this table the statistics of the United States for the years 1899 to 1901 regarding immigration could not be entered, for the reason that in these last years emigrants were not registered according to the place of their birth but according to their racial nationality. These dates are of interest to us in spite of this, for they show the circumstances under which our emigrants are classed according to race. The public official estimates of the United States give the following list of emigrants:

July 1 of the year 1899 to June 30, 1900:
Of Hungarian nationality 13,777
Of Slovakish nationality 29,243
Of Croatian-Slavonian nationality 17,184
Of Ruthenian nationality 2,832
Total 63,036
July 1, 1900, to June 30, 1901:
Hungarian nationality 13,311
Slovakish nationality 29,343
Croatian-Slavonian nationality 17,938
Ruthenian nationality 5,288
Total 65,870

That those named in the first three sections are legal citizens of Hungary is doubtless true, but how many of the Ruthenians are really Hungarians can not be computed, many having emigrated from Galicia who are of the Ruthenian race.

It is certain that a great number have emigrated from our country to the United States who are of German nationality. The number can not be stated, however, as they have been registered as “Germans.”

As to the number of those who annually emigrate to Roumania and as to how many Hungarian subjects are still resident there, we have not even approximate data to go by. The only means by which to trace them (the making out of passports) could not help us to determine the extent of emigration, because of the ebb and flow of commercial travel.

[Page 54]

The principal causes which first started emigration were doubtless unfavorable economic conditions and the want of work. Its development, however, was undeniably encouraged by inducements from interested outsiders and recently also the greed of suddenly becoming rich and a longing for adventure. In order to discourage this emigration movement the authorities could not fail to step in as soon as they felt that it was spreading. In the beginning they tried to raise obstacles by prohibitory measures, such as the rejection of petitions for passports and by an order forbidding the passing of frontiers. The only consequence of this, however, was that the emigrants, being refused passports, escaped and emigrated without them. In the beginning the negotiations for emigration were principally carried on by agencies of foreign ship companies established in Vienna, which, not being under the control of our native Hungarian authorities, could ply their trade unhindered. To paralyze the effect of these agencies and to bring them under control the licenses for native agencies were planned, and thus the article of Law XXXVIII of the year 1881 in reference to emigration agencies was enacted, by which every negotiation in regard to emigration was made dependent upon a license issued by the minister of the interior.

This law is entirely ineffectual and it has never been enforced at all, and not a single license for negotiating emigration has been granted.

The working of foreign enterprises and agencies has been therefore continued, partly by mail, partly by the interposition of secret agents recruited from districts in the country.

To obviate this interference all printed matter encouraging emigration, which was sent from abroad, was excluded from the mail, and as, in consequence of these measures, printed matter was then sent in sealed letters, care was taken that they be seized at the addressee’s and their transmission prevented.

To counteract the working of secret agents the attention of the inhabitants has been frequently called to the unfavorable conditions of certain foreign countries, to the dangers to which emigrants are exposed, and the people have been warned to beware of unscrupulous agents. All these arrangements have, however, proved insufficient and emigration has grown from year to year, and in the year 1901 emigration to the countries across the ocean has increased according to the above-mentioned statistics up to the number of 70,941 souls.

In how far this emigration, truly startling in its proportions, is to be set down to purely economic causes lies outside the compass of this report, which deals with the provisions of the bill to regulate emigration. That outside encouragement is to this day a great factor in the spread of emigration is indubitable; indeed the danger grows greater because the incitement to emigrate is taking on a new form, which we can neither control nor punish.

Up to this time, as we have mentioned, foreign agents, acting in their own interests, have incited our poorer population to emigrate, but now the emigrants themselves are making a propaganda for emigration by describing their condition in foreign countries in letters to their relations, acquaintances, and neighbors at home. They depict their situation in the brightest colors; they also send money home, and thus this sad condition of affairs has arisen that those who emigrated are encouraging their relations and friends to emigrate also.

The material for emigration being won over in this manner, agents stand ready to take advantage of it by rushing forward and pressing upon these willing people tickets already made out for their passage.

Whether or no this is the real cause of the movement, the deplorable fact remains that emigration, instead of diminishing, is spreading in an alarming manner, and its injurious influence is exercised upon our general prosperity and upon our economic life in an ever-increasing measure.

Could our superfluous working hands emigrate temporarily and bring home afterwards the savings from their high wages, this would indeed be no misfortune. In countries of eastern Europe Ave notice that on the one hand the number of their emigrants sinks into insignificance compared with ours, and on the other that almost without exception such (working) hands only emigrate as find no means of livelihood in their own country. These emigrants send much money home.

That can not be denied. Statistics prove it.

But this is not much of an advantage, because the number of those who send considerable sums is very insignificant when compared to the majority who barely exist or who are even brought to starvation. More than this, the amount which comes back in this way is not an absolute gain, because those who mention this as an advantage forget the counter value, which is to be [Page 55] deducted from it, i. e., the sum of money required by every emigrant to defray his journey through Europe and his stay in the port from which he sails, his passage money, etc. To this must be added the amount that every emigrant is obliged to bring with him by the immigration laws of the trans-Atlantic countries. If we add to all this the exceedingly great economic loss which occurs by the emigrants, as a rule, squandering the small fortune which they have had at home in order to procure the money for emigration, and if we deduct this real loss from the sum which they may send home afterwards or bring home, the remaining amount is so insignificant that it is a great mistake to assert for this reason that emigration is an advantage. Even were the amount sent home a net profit, without any counter value, the national economical and political interests of the State, the army, and the individual would still be injured by emigration.

It is impossible, for instance, to reduce to a money value the irretrievable loss of so great a number of inhabitants. Those who ought to defend the country emigrate. Finally, what an immense moral loss it is to a country if a considerable portion of the population separates itself entirely from her, and that those who come back again return home preaching political doctrines which threaten the national peace.

Since the first taking charge of Government affairs I have taken an intense interest in the question of emigration, and have even under present circumstances and with such means as have been at my disposal tried to alter and improve matters.

I have ordered the authorities to find out and punish severely all those agents who do business without a license; to prevent the introduction and dissemination of circulars and pamphlets which encourage emigration, and also to enlighten the inhabitants as to the dangers to which emigrants are exposed in trans-Atlantic countries. Furthermore, I have forbidden the collecting of exaggeratedly high fees by district functionaries from those to whom they issue passports; I have ordered an examination into the reasons why emigration appears to be more general in certain provinces than in others, in order, if possible, to present the facts to the governors of such provinces. I have been also anxious to look after the moral and physical welfare of our emigrants, and to this end I am supplying ample funds for the Hungarian Society in New York, which procures employment for emigrants and grants shelter to the destitute. Already in this year’s budget I have put down a still larger amount for this purpose in order to satisfy the needs of their souls and to support the schools for their children. I have taken care that priests and teachers with patriotic sentiments be supplied to them, and finally, with no slight burdening of the public exchequer, I have striven to encourage their return to their own country. Quite recently a number of citizens of our country who have been disappointed and ruined in the trans-Atlantic states have been longing for their native land, and I have taken the expenses for their return voyage upon myself, charging the portfolio of the ministry of the interior with them, as the amount put in the general budget of foreign affairs for this object was not sufficient.

Besides I have called the attention of the respective ministers to the extensive progress of emigration and have requested them to make all possible arrangements in their own sphere of action to reduce it if possible. Many notable improvements are to be undertaken by the ministry in the line of agriculture and industry, which will soften the unfavorable conditions that bring about and encourage emigration.

Such arrangements are principally:

The support of industrial establishments and factories; the lawful regulation of the rights of the workingman who is occupied with agriculture or labor of a similar kind; the founding of saving banks for workingmen and servants; the cheap, or even gratuitous, supplying of seeds and fruit trees; the extension of active help toward agricultural improvements in aid of our mountaineers; the doing of relief work for the good of the people, helping them to earn a living by the grant of loans, etc.

All these arrangements have not been sufficient, however, I am sorry to say, and therefore it is absolutely the duty of the Government to make use of all possible means for reducing emigration on the one hand, or else, if emigration be not preventable, to regulate it by law.

For reducing emigration those arrangements prove the most effective which apply to agriculture and industry, and every single member of the Government must endeavor in his own sphere of action to create favorable conditions in this [Page 56] respect and to avert as much as possible every cause which may drive men to emigrate. In proof that much can be done I will state that when the emigration question was presented to the legislature recently the Government resolved to make appropriations of K. 200,000,000 in order to multiply the means of livelihood and to further agricultural improvement in the mountain region. This action has shown already fine results in Transylvania, and will be extended to other places in the mountain districts. The land tax will be regulated also, and, finally, those important questions respecting which the Government will soon bring forward a bill, etc.

But if our agricultural and industrial conditions—that is, our conditions for self-support—should even become excellent, emigration will continue as long as the discrepancy exists between the wages paid in our native country and those paid in trans-Atlantic countries, and so long as (through the ever more perfected means of conveyance) the expense of the journey involves so small an outlay as at present. There will always be sons in the native country who are not content with the way their fathers earned a livelihood at home and will go to foreign countries hoping to find better conditions.

Therefore, besides the endeavor to reduce emigration, further legal regulations are necessary not only for the general good of our native country, but also in the interests of the emigrants themselves. The present unregulated condition of emigration is an injury to the emigrants themselves. Formerly emigration was prevented in every way possible, and later, too, was barely tolerated; and the consequence was that emigrants looked upon themselves as fugitives, and no sooner had they confessed their intention of emigrating than they became the prey of swindlers and speculators, who cheated them until they reached their place of destination.

Emigrants do not enjoy in a foreign land such support and aid as the subjects of most countries at home in the shape of charitable organizations, which shelter and help them, not to mention that the latter countries are in the happy position of possessing colonies to which their own citizens may emigrate without loss of nationality.

We do not maintain abroad enough organizations and societies for general instruction and social enjoyment established in order to keep our countrymen together, to give them assistance, and to keep alive the memory of their fatherland and their patriotism. In the countries of eastern Europe, where emigration has been going on more or less for a long time, this question has already been settled by law and regulated accordingly. Among the laws on this subject which have been recently promulgated three deserve special attention for their importance and for the fact that they sum up the entire question. These three are the Swiss law of the year 1888, the German law of the year 1897, and the Italian law of the year 1901.

One can recapitulate the essential principles of these laws as follows:

Permission or tolerance is accorded to emigration under certain reservations.

The permission to encourage emigration is dependent on a license by the authorities, which is only given to such persons or companies as are found to be absolutely reliable, and only after the payment of a considerable security. The management of agents employed with the settlement of emigration is under strict control of the authorities. They are punished for any neglect, their duties toward emigrants are strictly defined, and precautionary measures taken to insure the fulfillment of them.

In regard to safety of transport on vessels, maintenance of emigrants, and care of their health dispositions are made by special orders based upon governmental authority.

As counselor of the central authorities (minister of foreign affairs, resp. Reichskanzler) a board of emigration was appointed. For control and supervision in emigration affairs special officers (commissioners, surveyors) are nominated.

The Swiss and Italian laws have decreed that emigrants must receive reliable information as to all the conditoins of their new home which can be of interest to them. Their complaints are quickly attended to, they are looked after abroad, and are started upon the right path. The Italian law has established a special court of justice for smoothing over possible differences between the manager of the company and his agent on one hand and the emigrant on the other.

Finally, the Italian law contains particular orders regarding the performance of the military duties of emigrants.

Of those arrangements contained in the laws of foreign countries which have been found effectual in practice we might avail ourselves also.

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Beside these general conditions, however, we must look to our own special requirements, which arise from the peculiar conditions of our own country, in regulating this subject. Although our Government recognizes as a principle that emigration is a great injury to the country, it recognizes also the fact that it can not be forbidden by law, for the reason that this would be a contradiction of the right of choosing a residence and of the liberty of the individual.

In regulating emigration, therefore, we must strive to accomplish, first, that emigration be restricted in certain cases by general or individual interests; second, that it should be a quest for work, and that every kind of reckless and careless emigration and the encouragement thereto be prevented; third, that emigration be directed to such countries as are the most beneficial for the interests of the emigrant as well as for that of the country, and that he be prevented form going to countries in which he can not presumably earn a livelihod or which are dangerously unhealthy; fourth, that all contractors for emigration and their agents are to be put under strict supervision; fifth, that we receive reliable reports of the economic, industrial, climatic, and other conditions of those countries to which emigration is tending, and those persons who desire to emigrate are to be previously informed of such conditions; sixth, that we wish them to continue to feel that they still belong to Hungary, and that their patriotism shall be kept alive, and that in every possible way their return to their native country may be assured.

Such are the principles upon which this bill is based.

It is surperfluous to say that in regulating such a matter as emigration it is quite impossible to lay stress upon every detail or circumstance connected with the subject. Emigration is like life itself, with constantly changing conditions, and the lawmakers of to-day can not foresee what shape this many-sided and shifting question may assume to-morrow. Therefore, this bill must be indefinite with regard to certain matters into which we do not yet see clearly, for want of practical experience, and the Government reserves to itself the right to regulate such questions according to the experience which may be gained in particular cases and according to the necessities which may arise.

After having made this introduction, I have the honor to explain the especial meaning of and reasons for certain articles of this bill, as follows:

Section 1 decides what the law understands under the term emigrant. This does not mean to give a scientific definition, but a qualification upon which the law may have a firm base, where all the authorities may have an assured position from which they can advance with concerted action. Even if this term be fully understood, different significations may be applied to it in theory and these may affect its legal aspects in practice.

The idea is almost universal that emigration is associated with complete abandonment of the territory of a country, therefore he who goes from one province of the same country to another, as, for instance, from Hungary to Croatia or Slavonia, is not considered to be an emigrant. The differences in the essential conception of the meaning of the word “emigration” are still wider as a distinctive, meaning the withdrawing from the Union of the States is now sometimes asserted; also the intention of not returning; permanent settlement in a foreign country may be defined or the sailing away to countries across the ocean; or again, the employment in neighboring countries, even though it may last but a short time, etc.

For this reason recent laws either omit to define the meaning of the word “emigration” entirely, leaving it to be construed by the authorities or by the general courts of justice which apply the law (this done by the Reichsdeutsehe and Swiss laws), or else they lay down simple definitions, easily understood, as do the Italian law and the Belgian governmental decree, regarding emigrants to trans-Atlantic countries.

According to our information with regard to native emigration, the greater portion of our emigrants go abroad with the intention of finding employment there, and, after having saved a considerable sum, of returning home at the end of a few years.

Taking this fact into consideration it would be incorrect for us to look upon a man as an emigrant only, provided he permanently settles abroad or has no intention of returning, for according to such a definition the terms of this law would not be applicable to the greater portion of those who go abroad. We must therefore define “emigration” if the object of the journey shall be:

  • First, a foreign country, whether accessible by land or sea.
  • Second, that the emigrant means to find a profitable employment of such kind [Page 58] that his desertion of his native country may to some degree possess the character of stability; therefore those who emigrate only for a certain work of definite and short duration as, for instance, harvest work, can not be considered to be emigrants.

Section 2 decrees restrictions for emigration.

Most of the larger European countries (France, Germany, Italy, and Austria) protect the rights of emigrants by means of a special law upon that subject. It is true that in our country this question has not been exactly decreed by law, but it has been acknowledged in a general way by the Government and has been respected by the authorities, and from this principle also starts the decree No. 59207 issued by the ministry of the interior in the year 1900. It seems to be unnecessary, therefore, to decree this right, which exists beyond a doubt, by law. But connected with the complete right of settlement comes the question as to personal duties for the public welfare. From these no emigrant can free himself, therefore he is subject to restrictions in this respect in the carrying out of his intentions.

These restrictions section 2 desires to fix in the bill very emphatically, so that neither the public interests and duties which are considered in it may be risked nor the emigrants be exposed to unnecessary vexations.

The restrictions mentioned under (a) are meant to secure the defensive power of the country; those named under (b) for the preservation of the interests of order and penal justice; those named under (c) and (d) and (e) for the interests of the emigrants themselves and those of their relatives; finally, those named under (f) are necessary because pretended advantages are so often paraded before the people in order to lure them away that this may be considered an incitement to emigrate.

That the fulfillment of these restrictions may be secured it is necessary that the authorities be in a position to obtain knowledge of the intention of each emigrant beforehand and to examine whether circumstances may not exist which should forbid his emigration. To attain this end, section 3 orders that every emigrant must procure a passport beforehand. The same order is contained in the Italian emigration law, as well as in the decree issued by the Croatian and Slavonian provinces. A former decree of the ministry of the interior also orders for the same reason that emigration to Brazil is only permitted to those who have passports. In order that such arrangements be not to the disadvantage of emigrants, care is taken that in those laws which are still to be made on the subject of emigration and carried out by means of a decree all persons applying for passports shall receive them, provided no legal hindrance exists, in the shortest possible time and with the avoidance of all unnecessary charges. For citizens having the intention of leaving their fatherland and seeking their fortune in foreign parts, it is of specal importance to get information as to the country to which they intend going. They should be warned in time against emigrating to any country where general or personal conditions are unfavorable, and an opportunity should be offered them to choose a more favorable country.

The necessity for this measure was noticed very soon in those countries where emigration has been going on for some time, and arrangements were made for satisfying these requirements.

In England emigrants were formerly forced to look out for themselves. The different workingmen’s and charitable associations have since done much good in this respect.

Private information has proved inadequate, however, and in the year 1886 the emigrants’ information office, probably under the supervision of the Government, but with the help of delegates of different corporations and experts, has been founded.

In Belgium the consulates, principally since the year 1885, must give minute reports regarding the conditions of those countries to which emigration is particularly directed. These reports are annually collected by the ministry, are printed, and are distributed among emigrants asking for information.

However, such consular reports are utilized only in a few cases, and in order that such information as they give may be more generally distributed the Government has seen fit to make a different kind of report.

Since the year 1885, therefore, information bureaus have been established, at first in the capitals only, but gradually in the “residence” towns of all the provinces, which have distributed and published reports in the shape of pamphlets and tables of statistics to those interested.

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In Germany persons who were on the point of emigrating could for a long time receive full information through the office of the chancelor of the Empire. However, this was not made much use of, therefore an office was recently organized which obviated all bureaucratic obstacles. This is called the “Deutsche Colonisations-Gesellsehaft” (German Colonization Association).

In Switzerland, by reason of section 25 of the emigration law, a commissary branch of the emigration department is organized under the ministry of foreign affairs, and sees to it that emigrants shall be supplied with information, advice, and recommendations. According to the report of the federal court this institution realizes all the hopes placed upon it as to practical utility.

In Italy this office is carried on by the chief commissary of emigration and the local agencies, both under the control of the central emigration department.

Section 4 of this bill makes it also the duty of the Government to see that those intending to emigrate shall receive sufficient information.

The special organization of this office is established by a decree, wherefore we must lay special stress on it that this office shall not be used to incite to emigration, and according to observations made abroad it is well also to interest ourselves in the social surroundings of the emigrant. There are countries and provinces in which the emigrant has been ruined in consequence of bad climate or commercial conditions and by bad associates. The Government and authorities must therefore take care in advance that citizens are prevented for their own good from emigrating to such places. This can be done if the Government and authorities by public proclamations, or by direct appeal to the individual, call his attention to the dangers which threaten him in such countries or provinces in case of his emigration.

These measures were also taken in our country up to the present time. Especially the legal authorities were directed by decree that they should warn our people against emigration to Brazil, as well by public proclamations as also by direct communication with the emigrant.

Nevertheless many rather believed in the tempting promises of the emigration agents than in the warning words of the authorities and have emigrated in groups to Brazil, where, very rapidly becoming undeceived, they turned despairingly to our consulates and home authorities, begging for help that they might return to their native country.

When all possible enlightenment and good-natured warning become ineffectual it is therefore necessary that governments should take prohibitory measures.

Similar experiences have also induced the Italian legislature to authorize the Government to suspend emigration to such countries. This is done in the interest of public order, or in case that the life, freedom, and fortune of the emigrant be seriously endangered.

The same orders are contained in section 5 of this bill.

The Government has not only to see that emigrants shall go to those countries in which they are most sure to find a livelihood, but also that they may enjoy all the rights on their voyage which have been secured to them in the bill; that they are protected from any wrong and from being taken advantage of, and that they shall be sent on to their place of destination.

Section 6 gives the Government the right to choose those means of transportation which in these respects offer the surest guaranty.

That the way leading from one of our native ports, especially from Fiume, would answer best this requirement does not need to be proven, wherefore the Government will direct its chief aim to select such ports for embarkment as soon as may be, and only if it should not succeed in doing this will it choose a means of transportation from foreign ports.

Chapter II of the bill defines the authority of those who shall undertake to make arrangements for emigration.

The article of Law XXXVIII of the year 1881 handed over this facilitation of emigration to agencies, which were appointed by the minister of the interior, and which are placed under the surveillance and control of the authorities of the government. To such agencies, however (proceeding upon the erroneous supposition that if there were no emigration agencies there would be no emigration), not a single license was granted, so that in the whole country not a single licensed emigration agency has been active, neither is any business done at the present time. That this supposition was erroneous is shown by the fact that the number of unlicensed secret agents has augmented all the more. Whether the rules with regard to emigration agencies set down in this article were sufficient, and whether emigration could be sufficiently controlled by them, it is impossible to determine. The experiencies of foreign countries prove that [Page 60] as the ship companies pay to these agents a certain commission for every emigrant, even those to whom the government has given a license are forced in their own interest to recruit as many emigrants as possible. Therefore they are not satisfied to do business only with those who apply to them of their own free will, but they try to recruit emigrants by circulars and appeals to the public, and by deputy agents employed by them. It is further for the advantage of agents that they may get together large numbers of would-be emigrants at the season when the commission paid by ship companies is at its very highest, not regarding whether this season is best for the interest of the emigrants themselves in their quest for a means of livelihood. From this fact there arises the disadvantage that the emigrant not finding employment for some time spends the money he has brought with him while seeking work and consequently suffers want from the very beginning, whereby his later welfare is very often jeopardized also. Lastly it is also an advantage for the agent to recruit as many emigrants as possible for those ship companies which pay the highest commission, and those shipowners whose ships are old-fashioned and badly fitted out can and do pay a much higher commission than the proprietors of ships affording greater safety, better provisions, and all the modern improvements. Italian experience proves this to be true. From all these facts we may conclude that the interests of agents conflict with those of the emigrants themselves, because all such agents, whether they be licensed by the authorities or not, will work for their own advantage to the disadvantage of the emigrants.

These observations have influenced the new German and Italian legislatures to hold the manager of the company responsible in all transactions with the emigrant and with the authorities.

Exactly the same is the case in section 7 of the Dill. The ship companies established on solid foundation and working with large funds risk more if their contract should be violated, and therefore offer more security, so that the management of emigration can be confided to them with greater safety. For avoiding undesirable competition among the different companies, and also to obtain all possible information as to reliability, it is necessary that these transactions shall be entered into only upon the assurance of competent authorities that the required conditions have been fulfilled and a certificate to this effect been issued.

Section 8 orders the conditions under which these concessions may be granted and especially considers contracts which have to be carried out abroad, so that the enforcement of the law may also be extended so far as to supervise them. In order that the managers may be made responsible for keeping law and order he shall be constrained, if necessary, to the payment of damages to the emigrant, and in some cases should the emigrant violate the law the manager may have to pay a penalty inflicted on him.

Section 9 stipulates the depositing of a considerable sum as security.

The restriction in section 10 goes even further than the order contained in section 5 and supplements it by offering to the Government an opportunity to turn the tide of emigration, as far as it may be possible, toward those countries or provinces where the emigrants are concentrated in particular places, so that the feeling of racial kinship in possessing the same native country may be kept alive in them, and the community thus formed may be utilized for commercial advantage.

Section 11 decides the territorial boundary line of a concession, the spreading of which throughout the whole territory would seem judicious for the reason that in case a concession were granted to several managers, and they were limited to only certain sections of the country, an injury might be inflicted upon the conditions of traffic and of healthy competition, and the country might suffer in consequence. But in case only one manager shall have the concession it is evident that he may be allowed to carry on his trade throughout the country.

Emigrants may not be taken advantage of by managers in the raising of their fare arbitrarily and independently. Such charges are to be controlled by the authorities.

Section 12 orders, therefore, that the charges be presented from time to time to the minister of the interior for ratification and prohibits raising the fare demanded from emigrants.

The prohibition of section 12 is necessary that the desire to emigrate be not awakened and kindled by high-sounding advertisements, by attractive descriptions of circumstances in particular countries, or by dissemination of circulars or other printed matter of this nature. Therefore only those advertisements are [Page 61] lawful which have strict reference to the traffic business and to the necessary information as to the route, the time-table, provisions for the voyage, and fares.

The manager or president of the company who is responsible can not always and everywhere personally direct this business, therefore section 14 grants that he may intrust it to an agent or representative.

In order that the reliability of this representative may be tested it is necessary that the minister of the interior be informed concerning him and sanction his appointment.

Section 15 allows the manager to appoint agents for conducting the emigration affairs.

According to section 8 respecting the emigration regulation of the German imperial law the manager is obliged to accept the help of agents in carrying out his undertaking beyond the community in which he has his personal residence and his own particular office.

This has also the advantage that the entire emigration business can be supervised better, since the manager is only permitted to employ such help as is sanctioned by and is under the surveillance of the authorities. Furthermore, that through the competition of different managers lower fares may be obtained.

The new Italian emigration law has suspended all agencies on account of unfavorable experiences, and only allows the appointment of representatives (Italian law, article 30). As with us there are neither special managers nor agents and the machinery of emigration must evolve itself with time; it seems more reasonable to allow the government to regulate this subject according as one system or the other develops itself more advantageously. The emigration business will be either handed over to the agents with proper restrictions or else the entire business will be left in the hands of the managers and their assistants and representatives.

In order to remove the drawbacks arising from the free competition of agents it is necessary that the agents shall receive concessions from the authorities in order that their number may be regulated according to the exigencies of circumstances.

The agent must be able to offer a certain security in his person as well as in his fortune to provide any possible failure on his part to live up to his contract.

Therefore section 16 provides (a) that the agent be a Hungarian citizen. A Hungarian citizen is less under suspicion that he is acting only from selfish motives, and is more likely to work for the interests of the people rather than for foreign interests; (b) that he shall live within the jurisdiction of the court which has authority over him; (c) he must be independent, of respectable antecedents, of good moral character, and entirely to be trusted as such a person that he can be depended upon to act conscientiously in a position full of temptations.

Finally, section 17 of the bill orders that for material security every agent must deposit K. 10,000, from which any possible loss may be made up or any possible fines paid.

As the agent is not permitted to appoint a substitute and to go from place to place around the country, his field of activity is confined within certain limits, and this field must be determined beforehand.

This is done by section 19 of the bill.

The agent arranges for the emigration, but not for the transportation itself; but he assists in getting it. Section 19, therefore, (a) forbids him to act for other managers but those mentioned in the concession; that he may not deliver any emigrants to managers of companies not possessing such concession, (b) forbids him to go into business on his own account, as he might thereby become a manager himself, (c) He is not allowed to establish branch offices or appoint a representative, for it is to be feared that through this an agitation movement might take place which would go far beyond his sphere of activity and new and independent partners might be introduced into the emigration business, (d) He is forbidden to move from place to place for concluding his bargain, because through this he might also become an agitator, (e) He is forbidden to demand or to accept from the emigrant any reward for any service on his part.

Finally, the prohibition of section 13 respecting the spreading abroad of circulars, etc., decreed for managers, is for the same reason to be extended to the agents.

Experience teaches that the system of employing managers and agents offers a wide field for abuse, but circumstances may sometimes arise which make it appear to be desirable that emigration be turned into other channels or made [Page 62] more difficult. Therefore the Government must possess the power that without any wearisome legal proceedings it can immediately suspend emigration or can guide the emigrant in the path most suitable to his needs, and that it can revoke its concessions in case they prove to be an injury to the emigrant. Such decrees are contained in the law, Article XXXVIII, of the year 1881, as also in the German and Italian emigration laws while according to the Swiss law the concession granted can only be withdrawn from the agent in case of his failure to carry out his contract or after repeated transgressions of the rules.

Section 20 of the bill, therefore, gives the right to the minister of the interior to alter or withdraw the concessions at any time.

Circumstances may arise which absolutely demand the withdrawal of the concession. Circumstances of this nature have been considered in this paragraph under (a), (b), (c), and persons of such a character and behavior should have their concessions withdrawn as having proved themselves unfit to be trusted with the business of emigration.

Section 21 provides that the guaranty deposited by the manager and agent shall be sufficient to satisfy all possible requirements in the event of forfeiture, that claims may be settled without recourse to law. Regarding the acceptability and management of the guaranty special regulations are to be drawn up, and according to section 22 of this bill these measures are to be intrusted to the minister of the interior, who has power to enforce this law.

Chapter III desires to exactly regulate the conditions of the agreement with regard to the emigrants made by the manager, in order that there be no risk of the companies taking advantage of the ignorance or distress of the emigrants for selfish ends.

For this reason section 23 demands that the manager make a written contract with the emigrant, that the legal agreement may receive a definite stamp, and the number of lawsuits be diminished thereby as much as possible.

Managers will certainly beware of shirking obligations which can be proved by documentary evidence.

Section 24 prohibits the concluding of a contract with those emigrants who are not in possession of a passport or to the emigration of whom there is any legal hindrance. This prohibition is but the logical consequence and complement of those orders contained in sections 2 and 3 of this bill-In order that both parties may acquire a distinct idea of their obligations, section 25 orders that the contract be drawn up in two copies, and for the better understanding of the emigrant that one of these shall be in his native language. The written contract, however, can only protect the interest of both parties provided all possible disputes are foreseen and provided for. As emigrants are generally lacking in education and intelligence, they can not judge of this matter themselves (items 1 to 6 of this paragraph), therefore all the essential provisions are to be included in the contract.

Section 26 describes the obligations which the manager must assume toward the emigrant. These are the same which appear in item 6 of section 25, and must be contained in the contract. They form, in fact, its most essential requirements.

These obligations are indispensable for the interest of humanity and the proper care of the health and interest of the emigrant.

In sections 27 and 28 the cases of withdrawing from the contract are discussed. According to Article XXXVIII of the law of 1881 either party can withdraw at any time from the contract of emigration. There are sufficient reasons for the provision that the emigrant shall not be hindered by any change of his plans, as material loss might accrue to him thereby.

The Swiss, German, and Italian emigration laws restrict the restitution of the whole fare only to certain special cases.

Therefore, according to the above-mentioned two paragraphs, the emigrant can only claim the restitution of the entire fare if he is prevented from traveling by important events which have occurred through no fault of his own.

If he withdraws from the contract without any adequate cause he can only claim half of the fare laid down as an advance payment.

That the decrees in the interest of the emigrant contained in the first paragraphs may have full effect section 29 provides that agreements contradictory to this decree are invalid. For were it left to the parties themselves to fix the conditions of the contract the clever manager or agent would be in a position to impose unfavorable conditions upon the ignorant emigrant.

The obligations laid upon the manager in section 30 are set forth to prevent any illegal action on his part or the neglect of any duty incumbent upon him.

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In consequence of the disposition of section 3 all emigrants must have passports, which are only issued to those for whom there exists no hindrance to emigration.

It would therefore be an illegal action on the part of any manager who would transport persons who are not provided with a regular passport. In this case the manager is not only liable to punishment, but he can be legally bound to bear the expense of repatriating any emigrant with regard to whom there has been any legal hindrance to emigration. The safety of the transport on the ocean, as well as the health of the passengers, demands that the ship about to leave be in perfectly good condition and supplied with a sufficiently large crew and with all necessary comforts and provisions.

Section 31 makes it not only the duty of the manager, but also of the captain of the vessel, that both should bear the responsibility for the safety and the health of the passenger.

Even this is scarcely a sufficient protection. We can not expose the life and bodily health of our emigrants to the dangers which may arise through the neglect before mentioned, but must also avoid all possible contingencies.

Therefore section 32 orders that every vessel taking on board emigrants shall be examined by the proper authorities before sailing; further, that the state of health of the crew and the emigrants be established, the latter principally for the reason that those who on account of illness can not bear the fatigue of a great ocean voyage, or are suffering from a contagious malady, may be prevented from making the voyage.

In order that the authorities may know what ships they are to make use of, articles 31 and 32 describe what kind of ships are considered fit for purposes of emigration. This is done by fixing the lowest number of emigrants that a vessel must be able to carry. Section 33 fixes this minimum at 25. Also, for reasons mentioned above in those articles which determine contracts, it seems necessary to fix exactly and decidedly the quality of the fitting out and the furnishing of a vessel by which emigrants are transported, as well as the proceedings to be observed at this examination. Therefore the second paragraph of section 33 authorizes the minister of the interior to issue orders upon this subject. The minister of the interior, however, must, out of consideration for the interest of general traffic and commerce, act in concert with the minister of commerce.

Chapter IV orders the raising of emigration funds. The task of the State is not yet finished by shielding her citizens who seek their fortune abroad with a protecting arm as far as their new home. It is later, in a strange land and under new conditions, that the emigrant begins to feel his loneliness and helplessness. The sheltering arm will then be all the more needed by him. Common humanity therefore requires that the native land shall continue to help its emigrant sons, whose worst trials are at the outset in a strange country. Political, national, and economic interests demand also that the bond between the mother country and the emigrants shall not be broken.

Switzerland, Germany, and Italy give us examples worthy of imitation in this regard also. The Swiss emigration law orders that the complaints of emigrants be examined without charge by the Swiss consuls, and that a protocol be drawn up; further, it is the task of the Swiss federal council to take sufficient measures within the amount granted by the budget to provide that emigrants may receive help and advice in the chief ports, both when they embark and when they land.

This was the aim of the German law of 1897 on the subject of emigration. The reasons for it are stated as follows: In the first place, emigrants are more easily looked after at the outset than later, when they have settled themselves in a foreign land. This latter duty is intrusted to the foreign representatives and consuls of the country where the emigrant settles. Besides these special commissioners and assistants may be appointed. (Sec. 41, Par. III.) With regard to this, special recommendations are made to the consuls.

Still more far-reaching arrangements are contained in the Italian law (art. 12) created in the year 1901. According to this law the minister of foreign affairs may establish branch information and register offices in foreign countries, the government of the said country giving its sanction. Besides, they are allowed to nominate inspectors, who, traveling through these countries, may collect information about the circumstances of Italian emigrants and present his information to the council of emigration. Furthermore these inspectors and consular officers must examine the ships which carry emigrants. To cover the expenses of the State which arise from affairs connected with emigration, [Page 64] both at home and abroad, emigration funds are established, which are drawn from appropriations made by the Government and from all fines of delinquent managers, or income from other sources.

In the interest of the support of Hungarian emigrants provision has previously been made as follows:

It is provided that an officer of the Hungarian consulate of the city of New York be present at the examination of immigrants made by American authorities upon their arrival in New York Harbor.

The Hungarian Benevolent Society in New York has been also newly organized, and is in a position to give assistance to emigrants. This society is sub-ventioned by the State.

In some places new consulates have been established, etc., but the number of emigrants grew so rapidly and unexpectedly that these arrangements have become inadequate.

It is therefore necessary that the protection of the interests of emigrants shall be adequate to these changed conditions, that these matters may be arranged upon a permanent basis and with a sufficient expenditure. To this end the establishment of a special fund is proposed to be drawn from the fees fixed in the items (a) to (d) of section 34 of the bill. The organization of the protection itself will be the duty of the Government, and will look to the following contingencies:

(a)
The support of those members of a family who may have remained at home. It may happen in spite of the restriction laid down in section 2 that the head of a family emigrates without securing the maintenance of children left behind. In such cases humanity requires that as they can not be supported in any other way they shall be assisted out of the funds already mentioned. The emigrants in this manner are helped as well as their families.
(b)
This item provides for the reception of emigrants landing in the port of their destination, giving them information about the work which they may find, and helping them to find it, or giving them shelter until they have found employment. A great task in this way is that of the foreign Hungarian Society, and especially of the associations which for this object are given by the Government moral as well as material support.
(c)
This item deals with the legal protection of emigrants. As the usually ignorant emigrant is the center of legal complications of which he is entirely ignorant, he may easily become a victim to the greed of his employer or of others. Therefore it will be a great benefit to him if he can turn to a reliable adviser in his possible troubles or legal difficulties.
(d)
The cultivation of peaceful social intercourse and the founding and supporting of such associations as are competent to keep alive the love of their native country. This is of special importance from the point of view of Hungarian emigration, for this danger is especially threatening with regard to our Slovakish and Ruthenian emigrants. Left to themselves they are apt to be alienated from their native country and fall a prey to the different national associations which make active propaganda, and this is a harmful influence, for the reason that a large number of our emigrants return home again, and through their associations with those compatriots who have remained behind they bring a decided influence to bear on the native national movement.
(e)
The support of those emigrants returning home. The mother country can not look on quietly while her sons, who do not prosper abroad, go to ruin there; she must endeavor to bring them back to their native country, and that they may become all the more faithful to her.

According to section 35 the administration and regulation of the emigration funds are in the hands of the minister of the interior.

As the minister of the interior is the highest authority in the control of emigration, he has the power to enforce these decrees, and it is necessary therefore that the funds used for this purpose shall be in his charge.

He must render an account of his administration of these funds, as of every other public fund, according to the power rested in Parliament.

For the preservation of important interests of our compatriots living abroad section 36 of the bill makes arrangements for emigrants to deposit their savings in safe places and guarantees to send them home safely.

The importance of these provisions is clearly set forth by the following official data, viz, that our emigrants have sent home in the course of the year 1901 through the post-office alone an amount of 50,000,000 kronen. How much they sent home by the medium of banks or private people, or how much those [Page 65] returning brought back themselves it is impossible to ascertain, but it is probable that this sum has amounted to as much more. This amount would be still larger if unprincipled traders, bankers, and other middlemen did not swallow a considerable portion of it. Now these sums might be saved by having a special organization to look after this matter. A similar arrangement was made by Italy. Article 24 of the law for 1901 authorizes the Bank of Naples to collect, deposit, and send home the money saved by Italian emigrants, and this bank can make special arrangements for this purpose with banking houses and the minister for post and telegraphy. This has not escaped the observation of the Royal Hungarian Government and it has been trying to regulate this matter judiciously, and it is to be hoped that it may be arranged satisfactorily.

That the conducting and classifying of emigration affairs may be brought to a successful issue, special officers are nominated in Chapter V. If the frequently conflicting interests of the emigrants and all questions closely allied to emigration which interest the central administration are taken into consideration, such as economic and social questions, the ministry of the interior can not act solely according to the information received from subordinate authorities, but must also try to’ have light thrown upon these subjects in every possible way.

To this end a council has to be appointed according to section 37, the members of which, according to section 38, consist of representatives of the Government and those of its branches which are interested in the solution of problems such as the agricultural, commercial, industrial, and social.

The grouping together of this council and the nature of its conferences must be further determined in detail.

To provide for this organization is, according to section 39, to be the duty of the minister of the interior as the highest authority upon the subject.

Since in obtaining information the administrative authorities and officers have proved to be inadequate to execute punctually, rapidly, and uniformly the decrees of the Government and for the control of emigration movements arising in country districts at certain times, it has seemed to be necessary to select also special experts outside of the local authorities, whose time is at any rate taken up by their usual official business.

In consideration of this fact, section 40 has planned for the nomination of an emigration commissioner, with a suitable staff of assistants.

In consequence of the importance of the question as to whether the vessels are in good order and properly fitted out in-order to protect the life and health of the emigrants, section 41 of the bill desires to make this requirement more effectually insured, and calls upon the emigration commissioner to assist at the examination decreed in section 31.

In order that this supervision may be exercised with most satisfactorily results it is necessary that the commissioners shall secure information at all times as to the general condition of ships. They must therefore have the right to demand reports from the captains or be allowed to inspect the ships personally at any time to assure themselves as to their condition. It is the task of the minister of the interior and also of the local authorities to demand the correction of any shortcomings which they may point out. As the emigration commissioner is an assistant officer of the minister of the interior he must naturally come under the control of the minister of the interior. His duty and his term of service must be further elaborated, and the regulation of all this is left by section 42 to the minister of the interior as being the highest authority intrusted with carrying out the terms of the law.

As a consequence of the right of control, which the Parliament possesses, the income of the emigration commissioner and of his staff of assistants shall be determined in the budget of the State. Chapter VI determines the punishment of anyone violating the law.

The duties and prohibitions imposed upon the managers, as well as upon their agents and representatives, are not only advisable for the private interests of emigrants, but also for the public weal. Therefore their transgression is followed, not only by rendering them liable for damages by civil law, but also to punishment by fine or imprisonment The new bill looks upon the matter from this point of view when it classes violations of this law as criminal transgressions. When the violation is one of police regulations only the offense is a simple misdemeanor, and punishment is inflicted accordingly.

Section 43 condemns violations of the law committed by the manager to the severest possible punishment, in the spirit of section 16 of Article XI of the law of 1879, because such an act of negligence puts in jeopardy higher and more [Page 66] important interests. According to the principles of civil law, the manager can only be called to account for his own personal actions of negligence or violation; wherefore if such actions are committed by his representative the latter is to be punished, and not the manager himself. The manager, however, becomes an accomplice in case, he had knowledge of wrongdoing or neglect on the part of his representative, or in case he might have prevented the offense by taking proper precautions. Therefore he too must clear himself by means of the civil law.

This paragraph also decrees just as severe punishment for acts of negligence on the part of the captain of the vessel, because he thereby endangers the life, health, and fortunes of his passengers.

Since the sphere of action of agents is more restricted and their violations of law are of less importance, such misdemeanors on their part are not looked upon so seriously.

Therefore section 44 decrees a less severe penalty for violations committed by them.

As the transport and the arrangements for transport shall only be undertaken by those provided with a license, and in order that those managers to whom no license has been issued be prevented from acting, section 45 of this bill desires to punish action on their part by severe penalties. The same paragraph also gives the right to proceed against them to the proper authorities, who may seize and confiscate mailed letters, pamphlets, and other printed matters, and also to confiscate the passenger tickets issued by such managers as have no official license. These decrees are necessary in order to frustrate the attempts of foreign ship companies and emigration agents to whom no license has been granted, so that we may not only have the power to hinder and punish the working of secret agents within the territory of the country, but that we may bring to naught also the injurious influence of foreign managers and of emigrants in foreign lands, who can not be reached directly by the punishing arm of the State, but whose action we can render ineffectual by cutting off their means of communication. But this can only be done if the authorities can seize such mail matter either at the post-office or directly after it has been delivered to the managers.

According to our present law, printed matter can only be seized by the press tribunal, or in urgent cases by the district court or the post-office.

In principle it is indeed acknowledged as the right of the police office, though it is restricted to urgent cases only. But as experience has taught us that such inflammatory pamphlets often have a swift effect upon emotions and the decisions of the populace, and as the proceedings of a regular court of justice are too tedious, it is desirable for the general welfare that such pamphlets as we are speaking of should be seized before they can be spread abroad. This must be done by the government authorities or by the police office. Though the State can not prevent emigration (aside from some exceptions) and is forced to tolerate emigration, no matter how much it be to the disadvantage of our political interests, she nevertheless can not permit this unnatural stimulation to emigration, in her own interests as well as for the advantage of her citizens.

Therefore section 46 orders that encouragement and inducement to emigrate, whether by public speeches or by the circulation of printed matter, shall be punished as a transgression.

As the advertisements of foreign ship companies and agents, which are frequently published in illustrated journals and calendars and scattered among the people of the lower classes, although they do not exactly contain an enticement, “are still, as experience shows, often calculated to awaken and spur on the desire for emigration among many classes of the population, whereby the number of thoughtless emigrants is augmented; it is therefore necessary that the desire for emigration awakened in such manner be hindered as far as possible. It is also necessary that the competition of managers and agents who possess no license be put a stop to as injurious to the competition between those who possess one. Therefore section 47 forbids, under penalty of a fine, that managers and agents who possess no license shall advertise in any manner whatever.

As the violation of this rule belongs to the category of police regulations, it is most appropriate that the Government authorities shall have jurisdiction with regard to it and shall superintend its observance. This is provided for in Chapter II, Article XX, of the law of 1901. An exception is made as to violation of the law by interdicted publications. The second item of section 15, Article XXXIV, of the law of 1897 provides that this violation be prosecuted by the proper authorities.

[Page 67]

The extended protection of emigrants, specialized in section 34 of the project, will necessitate a very considerable expense. To this end the income hitherto received from emigration funds is not nearly sufficient, and especially at first, assistance from the Government is indispensable.

But as this year’s budget has already been presented to the Imperial Diet, section 49 orders for this purpose an additional appropriation of 80,000 kronen for the year’s expenses.

It is clearly foreseen that after the bill has been passed the amount necessary and demanded by it must be set down yearly in the regular budget bill.

In case of this bill becoming a law all former laws on this subject, and more particularly Article XXXVIII of the law of 1881, as well as all orders relating thereto, are repealed; wherefore they are expressly declared to become invalid in section 50.

Finally, section 51 intrusts to the minister of the interior the task of carrying out the law.

The successful regulation and the uniform administration of emigration affairs demand that the management of them be regulated from a central point. The administration of emigration affairs (as the bill also provides that it shall in the future) has hitherto belonged to the sphere of action of the ministry of the interior. It is therefore still the minister of the interior upon whom will devolve the carrying out of this law.

Budapest, November 5. 1902.

Koloman Széll.
  1. Dates do not exist.
  2. Dates do not exist.
  3. Dates do not exist.
  4. Dates do not exist.
  5. Dates do not exist.
  6. Dates do not exist.
  7. Averaging two years.
  8. Averaging two years.
  9. Averaging two years.
  10. Averaging two years.
  11. Averaging two years.
  12. Averaging two years.
  13. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  14. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  15. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  16. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  17. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  18. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  19. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  20. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  21. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  22. Besides there have emigrated in the year of 1893 from Wilhelmshaven,6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897, 204; and in 1898,163 individuals,citizens by law of Hungary.
  23. Besides there have emigrated in the year of 1893 from Wilhelmshaven, 6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897,204; and in 1898,163 individuals,citizens by law of Hungary.
  24. Besides there have emigrated in the year of 1893 from Wilhelmshaven, 6; in 1891 from Stettin,6; in 1892,1; in 1896,196; in 1897,204; and in 1898,163 individuals,citizens by law of Hungary.
  25. Dates do not exist.