THE DAILY PROVINCE
FEBRUARY 25, 1908

p. 1

HINDUS ARE EXPECTED TO FIGHT TO
ENTER CANADA
------------------Will Come Into Conflict with Both Dominion and
Provincial Laws.

-----------------MONRO FIRST AT THE BAT.
----------------------Any Who Pass Him Will Bump into the Provincial Natal
Act.

------------------One hundred and sixty Hindus will reach Vancouver some time to-night
on the C. P. R. steamship Monteagle from Hongkong, and from statements
made to-day it is almost a certainty that on behalf of these dusky British
subjects from India a fight will be put against both the Dominion order in
Council and the provincial Natal Act. Both these enactments interpose a more
or less effective barrier against the entrance of the Hindus to this country.
In the first place Dr. A. S. Monro, as Dominion Immigration agent, will
have to pass upon the right of the Hindus to enter Canada. He will be guided
by the physical condition of the men and their financial standing as well as by
the order in Council which declares that he may refuse to admit would be
immigrants who do not come direct to Canada from the country of their birth,
adoption or citizenship. When the order in Council was passed Sir Wilfred
Laurier proclaimed that it would keep Japs from Hawaii and Hindus from
Hong Kong. With respect to the latter the order in Council is now to be tested.
It is discretionary with Dr. Monro whether he keeps the Hindus out under the
order in Council.
Where Natal Act Applies.

THE DAILY PROVINCE
FEBRUARY 25, 1908

p. 1

If Dr. Monro does decide on deportations under the order his decision
will probably be attacked on the ground that as these men are British Subjects
coming direct from a British possession they have a perfect right to enter
Canada. This is case No. 1, which may go to the courts.
In the event of Dr. Monro passing some of the Hindus, or the courts
declaring that those he detains have a right to enter country, the provincial
Natal Act educational test will be tried on them. If they declare their intention
of remaining in British Columbia and they cannot read or write some language
of Europe to the satisfaction of the examining officer they will be held for
deportation under the Natal Act.
Then will follow a fight against the Act which last week was declared by
Chief Justice Hunter to be inoperative as against the Japs, which decision was
upheld yesterday afternoon in Victoria by the Full Court. In the case of the
Hindus, argument against the Act would not be sidetracked by any foreign
treaty switch[Sic] but would have to stand on the straight issue as to whether
it was ultra vires of the powers of the provincial Legislature.
Nothing Against Chinese.
It had been deemed a possibility that as Clause F of the Natal Act (which
provided that nothing in the Act should apply to those immigrants whose
entry into Canada was governed by federal statute), had been struck out that
an attempt might be made to hod[Sic] the Chinese on board the Monteagle to
examination under the Act. While it would be possible to examine the Chinese
as the Act now reads, the provincial Government has issued orders that they
are not to be examined as the Ottawa Government has made provision for
their entry.