Senator HARRISON. When was that filed. Congressman? Congressman HUDSPETH. That was filed on August 12, 1920, Sen

ator.

Senator HARRISON. We had a hearing on this matter some time ago. What was that hearing?

Congressman HUDSPETH. I think it was on the same question, but prior to the time these gentlemen were appointed. I think it was about the time we had the hearing in the House, Senator, last January. You had a hearing at the same time.

Senator HARRISON. Under the law is the discretion now lodged with the Secretary of Labor to permit these people to come over?

Congressman HUDSPETH. Yes; under the present law, and that is of importance, and I am not seeking to question that authority.

Senator HARRISON. Now, when we had the hearing some months ago, what was desired at that time?

Congressman HUDSPETH. At that time it was desired, Senator, to bring these people across. The Secretary of Labor was not fully convinced that he had that authority under this act. I think it is due to your splendid chairman here, Senator Colt, that he became convinced that he did have the authority. Now, if he did have the authority, Senator, in 1917, this amendment leaves it in the discretion. of the Secretary of Labor in great emergencies like those that exist to-day in Texas, Arizona, California, New Mexico, and other Statesand we are going through a considerable financial panic down thereto exercise this power. And it is necessary, I will state to this committee, to have this class of help, because you can not get any other kind, Senator.

Now, relative to the suggestion that we were not paying them a proper wage for their labor, I will ask you gentlemen to take this report of these two gentlemen that I referred to and you will see that they say that in Phoenix, Ariz., in the Salt River Dam project they were then paying them their $4 a day for nine hours' work. And in the beet section up here, which will be represented by Mr. Mandeville and others, this report shows that in one district in Colorado comprising 70,000 acres, the beet crop was not harvested on account of lack of this help, and that they are now calling for 5,000 additional laborers in order to harvest the beet crop in Colorado. Mind you, gentlemen, they were well housed, so this report says. They were well taken care of. And it was contended-I don't know whether that was up before this committee or not-that they were brought across and put in tents, and that they were poorly fed and poorly housed. But this report says that they were as well housed as the white laborers. And furthermore this report says that they did not come in competition with the skilled labor.

And it goes on and makes an investigation of the oil fields of my State, and we don't find them there in competition with the white labor, because you will see on page 4, where they refer to the investigation that was made in the Desdemona fields, in the construction of pipe lines there was no Mexican labor used. In all the work requiring skilled labor there were no Mexican laborers used.

But these Mexican laborers tend the flocks, and they pick the cotton. And, gentlemen, I would like to have this report read into the record as a part of my remarks.

The CHAIRMAN. It may be read into the record.

(The report of the special committee referred to by Congressman Hudspeth is here printed in full in the record, as follows:)

UNITED STATES DEPARTMENT OF LABOR,

Washington, August 12, 1920.

REPORT OF SPECIAL COMMITTEE APPOINTED BY THE SECRETARY OF LABOR TO INVESTIGATE COMPLAINTS AGAINST THE TEMPORARY ADMISSION OF ALIENS FOR AGRICULTURAL PURPOSES.

SIR: Pursuant to your appointment of the undersigned investigators to conduct a survey of the labor conditions obtaining as a result of the departmental order of February 12, 1920, and the supplementary order of April 12, 1920, admitting temporarily Mexican laborers for employment in agricultural pursuits, we have visited and made a study of the greater portion of the country into which these laborers have been imported. The protests filed in the Department of Labor and presented to the House Immigration Committee against the issuance of these orders have likewise been given thorough consideration, and a systematic effort made to determine whether these protests were based upon a comprehensive knowledge of the labor conditions in the communities where these protests originated. In addition to the conversation had relative to this subject, you directed your assistant, Mr. H. L. Kerwin, to provide the signers of this report with the following memorandum:

"MAY 8, 1920.

"Memorandum for Mr. Grant Hamilton and Mr. A. L. Faulkner. "In connection with the verbal instructions given you by the Secretary concerning your investigation into the temporary admission of Mexican laborers into the United States, and after a conference with the Secretary this morning, he feels that there are three paramount phases of the situation:

"First. Surplusage of labor.

"Second. The allegation that a large percentage of Mexican people coming into the States for agricultural pursuits drift into the cities and go into competition with wageworkers there.

"Third. It is claimed that the necessity for the temporary admission of Mexicans for agricultural purposes was of first importance to the agricultural industry of the border States because of the inability to obtain the necessary help to plant and harvest crops. The bureau granted temporary admission of this class of labor, realizing that any impairment of the supply of food brought about through any cause would affect the workers and all our people and would be reflected in the cost of living.

"H. L. KERWIN, "Assistant to the Secretary."

In proceeding to carry out these instructions no effort was made to gather an elaborate array of statistics. The gathering of such statistical data would have required a large field force, and would have resulted in only an elaboration of our findings. Our practical plan was to make a rapid survey of a wide territory, tapping those sources of information that were essential to secure reliable general information. Approximation based on first-hand knowledge, the result of a visitation of an extensive area of the country west of the Missouri River, indicates very clearly the status of the labor situation in the entire western territory.

The purpose of this investigation originates in the claims and counterclaims of individuals and organizations relative to the dearth or surplusage of farm labor, the movements of Mexcan labor admitted under the exemption order of February 12, 1920, and the supplementary order of April 12, 1920. The investigation involves the question of whether the exemption orders were justified by the circumstances existing in the farming communities, it having been declared that Mexican labor, in the absence of other procurable labor, was imperatively necessary to plant, cultivate, and harvest foodstuffs in order that an increased acreage of essential products might be planted, given proper attention, and prepared for the market.

The order of February 12, 1920, and the supplemental order of April 12, 1920, admitting alien laborers, contained specific instructions to supervising immigrant inspectors to admit aliens without enforcement of the head tax and the literacy test provisions contained in the immigration laws for the purpose, as stated in the order, of admitting temporarily agricultural laborers from Mexico and Canada during the season of 1920, to perform labor in the border States and Florida, together with provisions expressly authorizing the sugar-beet

growers in the large western beet belt to recruit alien labor under the terms of the orders.

That this survey may not be wholly restricted to the order of February 12, 1920, and the supplemental order of April 12, 1920, there is incorporated in this report statistics which have been gathered by the Immigration Service covering the entire period of four years, during which time exceptions have been authorized permitting the entrance of alien laborers for agricultural work.

In order that a comprehensive survey might be made, your investigators visited 10 of the Western States, selecting those cities for our field of operation that formed the gateway through which these laborers passed, and also those cities adjacent to the communities in which the Mexicans were employed. This route traversed the territory in which the great bulk of western farm products are produced, as well as covering practically the larger portion of that territory where sugar beets are grown. The States in which the investigation was made are as follows: Nebraska, Colorado, Missouri, New Mexico, Texas, Arizona, California, Kansas, Nevada, and Utah.

Information was secured from representatives of the organizations of labor, employment offices and labor recruiters, representatives of sugar companies, chambers of commerce, social service bureaus, immigration officers in charge of ports of entry, immigration inspectors, railroad employees, farmers, and in any other quarter which, in our judgment, seemed likely to be fertile ground for securing information bearing upon the general subject under consideration.

The rapid expansion of the sugar-beet industry in the western country created a likewise expanding field for the employment of common or unskilled labor. Immediately following the declaration of war on April 6, 1917, the normal flow of immigration into this country practically ceased, and with the mobilization of a large army there came an acute shortage in labor of all kinds, and particularly was this true of farm labor. It is common knowledge that even before the war there was a distinct drift of labor from the farms to the cities. This condition was intensified during the war and is still a serious problem.

From the date of the declaration of war to the date of this report it is universally conceded that the demand for labor of all kinds generally has been greater than the supply. No data exists showing the number of men in this country who have been or are unemployed, but doubtless the aggregate reaches considerable proportions, yet, under the conditions which exist at the present time and which have existed for three years, such employment statistics as are available prove that there has been a very insistent and continuous demand for common or unskilled labor and that wages have been materially advanced. Until that demand is supplied it is self-evident that there is a dearth of available unskilled or common labor. Workmen who are voluntarily unemployed where opportunities for work are widespread and at reasonable remuneration can not in reasonableness and good faith challenge the right of this country to expand its industry and its agriculture by seeking necessary labor where it may be found.

The existing high prices of foodstuffs are no doubt affected in some measure by speculators and others who deal in necessaries of life. It is equally true that the farmers are likewise receiving a substantial advance for their products, and they also have been compelled to meet heavy increases in operating expenses, particularly in cost of farm labor, due to an unprecedented shortage attributable to attractive remuneration offered workmen in industries other than farming.

If the cost of living, therefore, is to recede from its present high level, there must be a generally sustained effort to increase production to the point where a supply of sufficient magnitude is created to not only meet the present volume of demand but to exceed it.

The sugar-beet industry comes under the category of a seasonable industry. It requires ordinarily four operations-chopping or thinning, first hoeing, second hoeing, and chopping off tops and loading. In some sections, notably California, sugar beets must be treated at the refineries within a short period after pulling and chopping off the tops to prevent deterioration, while in other sections they can be siloed and the sugar content preserved for a considerable length of time. Between the operations mentioned there is a period when no work in the beet fields is usually necessary. To successfully cultivate sugar beets these operations must be performed at stated and definite periods in their growth.

These facts have frequently been made the basis for statements that there is unemployed labor in this industry, and that there is a surplusage of the char26911-21-PT 1—5

acter of labor needed to perform the necessary work to bring the crop to the point where it is ready for treatment in the refinery. There has been some idleness in the beet fields between operations, but there has been also a widespread effort on the part of the sugar companies and the sugar-beet farmers to provide wherever possible other farm labor to take up the idleness between operations in the process of growing beets. In numerous sections of the beetgrowing area supplemental work has been provided at remunerative wages. The providing of continuous employment tends, of course, to reduce labor turnover, and especially to curtail recruiting expenses.

The labor employed in growing beets is usually compensated under a contract. The prevailing price paid this year ranges from $30 to $35 an acre, according to locality. Where the contract price is $30 an acre the division of payments are as follows:

For chopping or thinning

First hoeing_

Second hoeing--.

Pulling and chopping off tops and loading.

The average acreage assigned to each laborer for the season is 10.

Per acre.

$13.00

3.50

2.50

11.00

In some of the beet fields visited, where labor shortage had been acute, Mexican laborers were being employed chopping out weeds, receiving $4 for a day of nine hours. Representatives of sugar companies engaged in importing Mexican laborers have been offering the contract price referred to above and the going wages of the district into which they are shipped for farm labor other than beet cultivation, with a guaranty that 35 cents an hour shall be the minimum.

The urgency for the production of sugar has resulted in a largely increased acreage and a consequent increased demand for labor. The sugar companies, in executing contracts with the farmers, generally now agree to provide the labor necessary for cultivation. In one beet-growing district about 70,000 acres are under cultivation. The resident laborers number approximately 2,000. According to the ratio of 1 laborer to 10 acres, this district must be provided with 5,000 additional laborers to cultivate and convert the crop into sugar. This necessity for additional labor is illustrative of the general situation in the beet belt, with variations based on locality and other conditions.

Reverting to the wage problem, it was found that remuneration of labor in what is known as the low-wage section of the South had appreciably risen over the prewar standard. In former years Mexican labor has been secured in this section at a wage rate as low as 12 cents per hour. In a communication dated June 7, 1920, the immigration inspector in charge at Phoenix, Ariz., gives the following data relative to scales of wages paid in the vicinity of Phoenix:

66

'Wages paid for unskilled white farm labor is $3 a day and board for 10 hours work.

"Local Mexican laborers, for unskilled farm labor, $3 a day without board for 10 hours work.

"Local labor (both white and Mexican) for irrigating, which is considered harder work than ordinary farm labor, 35 and 40 cents per hour.

"Local labor for teamsters on farms, $3.50 a day with board for white labor and $3.50 a day without board for other labor, 10 hours work.

"The Arizona Eastern Railway pays its section hands or track laborers (all Mexicans) 34 cents an hour, or $2.72 an 8-hour day.

"The Santa Fe, Phoenix & Pacific Railway pays its section hands or track laborers 37 cents per hour, or $3 for an 8-hour day, without board; track laborers on extra gang at the rate of 40 cents an hour, or $3.20 for an 8-hour day, with time and a half for overtime.

"The Atchison, Topeka & Santa Fe Railway (coast lines) pays its section hands or track laborers 35 cents per hour, or $2.82 for an 8-hour day, without board; track laborers in extra gangs 40 cents per hour, or $3.20 for an 8-hour day, with time and a half for overtime.

"Unskilled labor (both white and Mexicans) in Phoenix doing pick and shovel work, working in concrete, and in general roustabout work, receives 50 cents per hour, or $4 for an 8-hour day.

"The State of Arizona pays its unskilled labor (white or Mexican) on road work and other construction work 50 cents an hour, or $4 for an 8-hour day, with a deduction of $1.20 a day for board, or at the rate of $2.80 per day with board.

66

Maricopa County pays its unskilled labor (both white and Mexicans) on road work 50 cents an hour, or $4 for an 8-hour day, with a deduction of $1.25 a day for board, or at the rate of $2.75 a day with board.

"The Salt River Valley Water Users' Association pays its unskilled labor (all Mexican) doing pick and shovel work, cleaning canals, $3.50 for an 8-hour day, with $1 per day deducted for board. Carpenters, electricians, and pipemen, $6 for an 8-hour day, with $1 per day deducted for board.

"Rates of wages paid skilled labor for eight hours' work in Phoenix, as follows:

"Plumbers

"BricklayersCarpenters

66

$12

10

8

"Members of the Arizona Cotton Growers' Association, in the Salt River Valley, pay the Mexican laborers imported under departmental exceptions for agricultural laborers as follows:

Chopping cotton, pick and shovel work, cleaning ditches, $3 per day for 10 hours' work.

"Teamsters, $3.25 to $3.50 for 10 hours' work. according to the efficiency of the individual.

"Three cents per pound for picking cotton, first and second openings; the average adult will pick 100 pounds; later in the season, when the cotton is thinner, the rate is raised to 4, 6, 7, or 8 cents a pound, and as high as 10 cents per pound toward the last of the season.

"Of course, a man with a family always makes good money during the picking season, making from $40 to $75 a week.

"These aliens are furnished quarters, wood, and water free."

Housing conditions for seasonal labor in the agricultural sections of the territory under consideration are not altogether ideal. In California the State housing law has been responsible for the erection in labor camps of habitable buildings in many parts of the State. In States where there is no regulatory legislation agricultural laborers are housed in numerous ways, farm outbuildings and tents predominating. The urgent need of farm labor, however, is acting as a stimulus to provide suitable habitation for an increasing army of laborers, so that they may be housed comfortably in all seasons of the year.

It is exceedingly pertinent to state that the Japanese are invading the sugarbeet industry not only as laborers but as proprietors. They are reported to be buying beet land, as well as land in the cotton-growing sections. The invasion has not assumed large proportions as yet, but the future may, and probably will, especially if other labor is not available, witness large numbers of this oriental race in possession of a considerable proportion of sugar-beet and cotton areas of the country. In discussing this phase of the situation in various parts of the territory visited there appeared to be a growing apprehension that if Mexican labor could not be procured to perform what is known as squat" labor the Japanese would eventually comprise the bulk of labor necessary in this industry. The Mexicans of our day, being descendants of a race in whose veins flow in dominating measure Indian blood, evince the same migratory characteristics that have always been a feature of the Indian race. Mexicans brought into the country under the exemptions for temporary work on the farms have not all remained in the employ of the farmers. There have been a considerable number of Mexicans that have left the farm and sought and secured other employment, to what extent is reflected in the immigration reports. The great bulk of the Mexicans now employed in the western territory outside of the beet fields and the cotton area are employed on the railroads in manual labor required in construction and rehabilitation work.

It can be stated, however, that even though there has been a violation of their agreement by the Mexicans in leaving the farms, there has been during the present season a greater demand for common or unskilled labor than there have been workmen to supply it.

Every employment office in the States visited, numbering some 55 in 10 States, reported their inability to meet the demand for unskilled labor in practically all branches of industry. It must be borne in mind in dealing with the question of Mexican labor that there are in this country many thousands of Mexicans who are native born, and likewise those who have been here for years and are naturalized citizens, as well as large numbers who are able to qualify under the tests prescribed by the immigration laws, who cross and recross the border at varying intervals.