150.01 Commuters/98
The Canadian Minister (Massey) to the Secretary of State
Sir: I have the honour to refer to your note of May 28th. 1927, and to my reply thereto, Number 149 of June 8th. 1927, regarding the operation of General Order Number 86 of the Department of Labor of the United States.
In the view of the competent authorities of His Majesty’s Canadian Government, certain doubts may arise as to the interpretation to be given to some of the clauses of this Order. In order, therefore, to prevent, so far as may be possible, uncertainty as to their status among those affected by this Order, I have the honour to submit below a list of questions concerning its interpretation. I shall be glad if you will be so good as to transmit these questions to the proper authorities of the Government of the United States, and in due course to furnish me with the information requested:—
- 1.
- What is the status under the Order of Canadians born in countries to which the quota applies who began to cross the border between June 3rd. 1921, and June 30th. 1924, and who did not have the requisite residence qualifications at the time of their first admission to qualify under the provisions of Section 2 C and D. of the Order?
- 2.
- Will persons who fulfil the provisions of this Order, by the payment of head tax and by the presentation of visas when necessary, be able to continue to cross the border indefinitely without being required to pay head tax and to secure visas a second time?
- 3.
- Will persons who comply with the provisions of this Order at some future date be able to live in Canada and cross the border daily to work?
- 4.
- Will a person who is permitted under this Order to cross the border daily, and who at some future date changes his employment in the United States from one employer to another, be permitted to continue to cross the border?
- 5.
- What will be the status under the Immigration Laws of the United States of persons permitted to cross the border under Section 2 of the Order? Will they be considered to have been admitted as immigrants to the United States?
- 6.
- What is the meaning of the phrase at the end of the first paragraph of Section 2 “provided that they are not coming to seek employment”?
- 7.
- If a person permitted to cross the border under Section 2 of the Order ceases in the future to cross the border, will he be permitted to resume the practice at a later date?
For greater certainty regarding the exact meaning of the various classes of persons enumerated in Sections 2 and 3 of the Order, I submit in addition the following general enquiry:
Will the following classes of persons be able to continue to cross the border on compliance with the conditions set out after each class?
- (a)
- Canadians, irrespective of national origin, who began to cross the border before May 1st. 1917, without payment of head tax or presentation of visas;
- (b)
- Canadians, irrespective of national origin, who began to cross the border between May 1st. 1917, and June 3rd. 1921, upon payment of head tax;
- (c)
- Native born Canadians who began to cross the border between June 3rd. 1921 and June 30th. 1924, upon payment of head tax.
- (d)
- Native born Canadians who began to cross the border since June 30th. 1924, upon payment of head tax and presentation of a non-quota visa;
- (e)
- Canadians born in countries to which the quota applies, who began to cross the border between June 3rd. 1921, and May 10th. 1922, and who had lived in Canada for one year before their first admission to the United States, upon payment of head tax;
- (f)
- Canadians born in countries to which the quota applies, who began to cross the border between May 11th. 1922, and June 30th. 1924, and who had lived in Canada for five years before their first admission to the United States, upon payment of head tax;
- (g)
- Canadians born in countries to which the quota applies, who began to cross the border after June 30th. 1924, upon payment of head tax and the presentation of a quota visa from the allotment of the country of their birth.
I have [etc.]