[CHAPTER IX.]
LAWS AND CUSTOMS OF EUROPEAN COUNTRIES.

The laws and customs of Europe with regard to the treatment of destitute and undesirable immigration vary considerably. For the purpose of convenience in dealing with this aspect, the European countries may be roughly divided into three classes, (a) Those which have decrees and restrictions both for prohibiting the admission of destitute aliens, and for expelling such as have resided in their territory, when for divers reasons they should appear to be unwelcome or undesirable acquisitions. (b) Those which have laws and local regulations for the expulsion of aliens, but none prohibiting their admission into the country in the first instance. (c) Those which take no steps in the matter at all. To the first of these three classes belong Austria, Denmark, Belgium, the Netherlands, Bulgaria, Roumania, Saxony, and Bavaria. To the second class, Spain, Sweden and Norway, Greece, Germany (all States except the two previously specified), Italy, Hungary, Servia, Montenegro, and in a lesser degree, France. To the last belong Portugal, and until the other day, Turkey. The remaining country is Russia; but having been unable to obtain any very definite information concerning it, I have hesitated to classify it with any of the above.

It will be best to take these classes and countries seriatim.

In Austria the regulations vary slightly with regard to particular provinces; but, speaking generally, special instructions have been issued to the frontier police, with the result that all vagrant aliens, deserters, suspicious-looking foreigners who are not able to give a proper account of themselves or as to the sufficiency of their means, foreign pedlars, workmen and artisans who on entrance into the country are uncertain of obtaining immediate employment, or whose papers are unsatisfactory, or whose means for travelling are insufficient—all these are at once to be refused admission, and to be turned back at the frontier. The only exception to this rule is the case of foreign day-labourers and artisans, who are entitled by reason of reciprocity to the same treatment as Austrian subjects of the same class receive in the States to which these belong, whose appearance gives rise to no suspicion, and who having regular passports are obliged, in order to return to their homes by the most direct route, to pass through Austrian territory. By the Ordinance of 1867, foreign beggars, mountebanks, singers, musicians, jugglers, rope-dancers, gipsies, and other vagrant people, proprietors of wax-works, owners of menageries and similar exhibitions, unless they have first obtained a licence to exhibit the same in the Empire, are also refused admittance and turned back at the frontier. As to continued residence, by the General Communal Laws a Commune can refuse to allow foreigners to reside in its district, if they, together with their belongings, do not lead a blameless life, or if they become a burden upon public charity. By the Banishment Law of 1871, the Communal Police are also empowered to forcibly expel from the territory all idle or vagrant foreigners, discharged convicts, and foreign prostitutes, especially if these pursue their immoral trade without strictly observing the police regulations, if they are suffering from venereal disease, if they cause a public scandal by their behaviour, or if they seduce young people. Such, in brief, are the laws which regulate and restrict alien immigration in the Austrian Empire, as distinct from the kingdom of Hungary.

Through the courtesy of M. de Bille, the Danish Minister at the Court of St. James's, who kindly procured for me from Copenhagen a copy of the Decree of 1875, and other law-records, I have been enabled to make a detailed study of the laws of Denmark which bear upon this question.[28] The law of 1875, containing the regulation in force in regard to foreigners and travellers in Denmark, is a very drastic one. Briefly summarized, it amounts to this. The status and liberties of the foreign workman or servant, employed or seeking employment in Denmark, are defined with very great attention to detail; the most uncompromising regulations are laid down for the prevention of the entry of all foreigners who may be found destitute of sufficient means for their support; and even of those who are in search of work under any circumstances, except under strict conditions. The first Article contains a positive prohibition against the admission into the country of foreign gipsies, itinerant musicians, leaders and exhibitors of animals, acrobats and jugglers, who seek to gain a livelihood by vagrant performances. Foreigners in search of work are not admitted, except on the condition that they are provided with a document of identity from a public functionary. From the succeeding Articles of the same law it appears that foreigners who are not possessed of any claim for maintenance in Denmark, and are destitute of the means of subsistence, are to be expelled by the police, and the method of expulsion is very carefully detailed. Even those who find employment are constantly under the supervision of the police, and have pass-books, which, at every change of domicile or of employment, must be visé by the police as well as by the employers. There can be no doubt that the severity of the law is very effectual in exterminating the evil against which it is aimed. On the other hand, it in no way deters considerable numbers of foreign skilled artisans from seeking and obtaining employment in Denmark, as any one with any knowledge of the country would speedily discover. The majority of such foreigners appear to be Germans.

In Belgium the measures which the Government is authorized to take with the view of protecting the country against the dangers which the presence of destitute foreigners involve, are based upon several laws and decrees which have been passed from time to time as need required. They are interesting having regard to the strikes and labour-troubles which have taken place in Belgium during recent years. By a decree of the Provisional Government of 1830, all foreigners unprovided with a Government authorization, are bound to show that they possess means of livelihood; if not, they are at once to be sent back to their own country. They are even liable to be brought before the Juge de Paix, who may condemn them to a short imprisonment, or send them to the agricultural colony of Hoogstraeten, where native vagabonds are confined while at the disposal of the Government. Since 1850, however, foreigners are not as a rule brought before the Juge de Paix, instructions having been given to the police authorities directing them to reconduct to the frontier at once, and of their own accord, any foreigner arriving in Belgium and being evidently destitute, or a vagabond. A report of the arrest and a certificate of expulsion are, in this case, addressed to the Administrator of the Public Safety, at the time when the foreigner is sent out of the country. This summary procedure is followed both in the interest of the Treasury as saving expense, and in that of the foreigners themselves, who thus escape a prolonged detention. When at a seaport, and especially at Antwerp, foreign sailors are without means of existence, the Maritime Commissaries endeavour to find them an engagement on a ship about to sail; they are only conducted to the land frontier if these efforts fail. Formerly aliens, who were arrested for not having sufficient means of subsistence, were allowed to choose the frontier by which they might leave the kingdom. Of late years, however, this right of choice has been considerably curtailed on account of the attitude assumed by neighbouring countries. These countries have not unnaturally showed a marked disinclination to becoming a sort of rubbish-heap for Belgium. Even little Luxemburg revolted at this state of affairs, and a Convention was concluded with the Grand-Duchy by which it was agreed that only natives of the country, Italian subjects or Swiss citizens (these being en route), should in future be forwarded across the Luxemburg frontier. The German frontier is now absolutely closed to destitute persons expelled from Belgian territory who are not of German nationality. Holland has also followed suit, and the Dutch authorities reconduct into Belgium by visé, a great number of aliens, transferred by prison vans to Lanaken.

The law regulating the admission and expulsion of foreigners from the Netherlands dates from 1849. Article I. of this law lays down as the first and indispensable condition on which foreigners can be admitted into the Netherlands, the possession by them of "sufficient means of subsistence, or the faculty of acquiring such means by work"; and upon the strength of this condition, and under the provisions of Article IX. of the law, foreigners found on Netherlands territory in a destitute condition and without any ostensible means of earning a living, may be expelled from the country; and, in fact, numbers of persons so situated are expelled every year. All foreigners "dangerous to the public peace" are also subject to immediate expulsion.