[Editor: This article, regarding the Immigration Restriction Act 1897 (Western Australia), was published in The Australian Star (Sydney, NSW), 9 March 1898. In this article the newspaper capitalized some selected phrases and utilized them as sub-headings.]
Undesirable immigrants.
West Australian Restriction Act.
A perusal of the Immigration Restriction Act of 1897, which became law in West Australia in December last, shows that the measure has been framed from the Natal Act, which, it has been said, has proved effective in curing the evil of the immigration of the Hindoos into that colony.
The West Australian measure is similar to the bill introduced into the Legislative Assembly of this colony by the Premier after his return from England, and as a result of a conference with Mr. Chamberlain.
of the West Australian measure are as follow:— The immigration into West Australia by land or sea of persons of the following classes is prohibited, and such persons are pronounced by the Act to be “prohibited immigrants,” viz.:—
(a) Any person who cannot write out in the presence of an officer in the characters of any European language 50 words selected by the officer from a British author.
(b) Any person being a pauper or likely to become a public charge.
(c) Any idiot or insane person.
(d) Any person suffering from a loathsome or dangerous contagious disease.
(e) Any person who has within three years been convicted of a felony or infamous crime or a misdemeanour, involving moral turpitude, and not being a mere political offence, and has not received a pardon therefor.
(f) Any prostitute and any person living on the prostitution of others.
The persons mentioned in clauses c, d, e, and f
from entering the colony under any circumstances, but with reference to clause A the immigrant is entitled to land without submitting himself to the education test provided he deposits £100 as security, and if within fourteen days thereafter he obtains a certificate from the proper authorities that he does not come within the Act he is entitled to remain. Failing to obtain such certificate he is liable to be deported from the colony as a prohibited immigrant, and the £100 may be forfeited.
There is a provision in the Act imposing a heavy penalty upon the masters and owners of any vessel illegally landing any prohibited immigrant, and the vessel itself may be seized, and sold in satisfaction of the penalty, or her clearance may be detained until satisfactory arrangement is made with the authorities for the conveyance out of the colony of the prohibited immigrant.
Provision is also made for the
of any person who wilfully assists the entry into West Australia of any prohibited immigrant, thus putting a stop to the business that has been indulged in to some extent by persons procuring the importation into the colony of Asiatics for the purposes of employment.
No prohibited immigrant is allowed to carry on business of any kind in West Australia, or to acquire land, or be qualified to vote at any Parliamentary or municipal election.
Valuable provision is also made for enabling the authorities to get rid of a prohibited immigrant by authorising them to enter into a contract with the owners of any vessel for the conveyance out of the colony of any prohibited immigrant to his place of birth, or to the place from which he set out for West Australia, and if he is destitute he may be provided by the authorities with a sufficient sum of money to enable him to live for one month according to his circumstances in life, after disembarking.
A special clause provides that a person who does not come within the meaning of any of the clauses c d e or f before referred to, and who shall satisfy the Colonial Secretary that he is, and for the preceding two years has been, the registered owner of an estate in fee simple in real estate in West Australia of the value of £300 shall not be deemed a prohibited immigrant, and may land in the colony without hindrance.
It will be seen that Clause A states that “any person” who cannot pass the educational test is to be deemed a prohibited immigrant, and not allowed to land, unless he takes advantage of the other provision in the Act of depositing £100, and obtaining the certificate of the Colonial Secretary as before stated. The words “any person” are wide enough to cover a white British subject, and under the section an Englishman, Scotchman, or Irishman, &c., could be called upon to pass the educational test, and if unable could be prohibited.
Source:
The Australian Star (Sydney, NSW), 9 March 1898, p. 2
Editor’s notes:
&c. = an alternative form of “etc.”: an abbreviation of “et cetera” (also spelt “etcetera”), a Latin term (“et” meaning “and”, “cetera” meaning “the rest”) which is translated as “and the rest (of such things)”, used in English to mean “and other similar things”, “other unspecified things of the same class”, “and so forth”
Act = an Act of parliament, a law (in its written form, a law is called a “statute”)
See: 1) “Act of parliament”, Wikipedia
2) “Statute”, Wikipedia
bill = a proposed law, or an amendment to an existing law
See: “Bill (law)”, Wikipedia
Chamberlain = Joseph Chamberlain (1836-1914), British politician; he was born in Camberwell (Surrey, England) in 1836, served as the United Kingdom’s Secretary of State for the Colonies (1895-1903), and died in Birmingham (England) in 1914
See: “Joseph Chamberlain”, Wikipedia
charge = burden, liability, or load; duty or responsibility; care, custody, or supervision; regarding someone whose existence or livelihood requires that a person or organisation be put in charge of that someone (to look after them, to care for or provide for them, or to give them financial support)
Colonial Secretary = (regarding Western Australia) head of the government of Western Australia (serving under the Governor); after Western Australia attained self-government in 1890, the head of government was the Premier, whilst the position of Colonial Secretary became that of a government Minister; in 1924, the position of Colonial Secretary was renamed as Chief Secretary
See: 1) “ Colonial Secretary’s Office”, Government of Western Australia
2) “Premier, Cabinet and Parliament”, Government of Western Australia
3) “Colonial Secretary of Western Australia”, Wikipedia
fee simple = ownership of a piece of land without any time limit (i.e. ownership for life, freehold ownership, permanent tenure), the land being permanent held by the owner (or by the heirs, upon the death of the owner), the owner having the right to transfer the ownership, whether by gift, sale, or will (the term “fee” derives from Old English “feoh”, Old French “fieu”, and Anglo-French “fee”, regarding possessions, holdings, and feudal duties)
See: 1) “What is fee-simple?”, The Law Dictionary
2) “Fee simple”, Wikipedia
3) “fee (n.)”, Online Etymology Dictionary
Hindoo = an archaic spelling of “Hindu” (a follower of the religion of Hinduism)
idiot = a mentally retarded person; someone with the mental capacity of a young child; someone with low general intelligence; someone with a severe learning disability; a foolish, stupid, or weak-minded person
the Natal Act = (in the context of immigration restriction) an act of legislation designed to block the immigration of non-white migrants by the use of a dictation test in any European language (this type of law was used by the British colony of Natal in South Africa)
See: 1) “Founded on the American Act: Natal introduces immigration restriction”, in: Connected Worlds: History in Transnational Perspective,
2) “Anti-Indian Legislation 1800s – 1959”, South African History Online
therefor = (archaic; legal) for it, for that, for this; in exchange for, in return for; for that object, for that purpose (distinct from the word “therefore”, meaning consequently, for that reason, or thus)
turpitude = behaviour of a base, depraved, immoral, shameful, vile, or wicked nature (i.e. behaviour that very much violates the generally accepted standards of the community), an act or instance of such behaviour; character of a base, depraved, immoral, shameful, vile, or wicked nature; commonly used in the phrase “moral turpitude”
viz. = (Latin) an abbreviation of “videlicet” (a contraction of the Latin phrase “videre licet”), meaning “it is permitted to see” (the “z” derives from the z-shaped Latin shorthand symbol for “et”, as used in the Tironian shorthand style); in actual practice, “viz.” is used as a synonym for “in other words”, “namely”, “that is to say”, “to wit”, or “which is” (used when giving further details about something, or giving a list of specific examples or items)
West Australia = Western Australia (a colony in Australia from 1829, then a state in 1901; previously known as the Swan River Colony)
[Editor: Changed “confernce” to “conference” “cirucmstnaces” to “circumstances”. Removed the full stop after “PUNISHMENT BY IMPRISONMENT”.]
[Editor: The original text has been separated into paragraphs.]
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