Church Of The Holy Trinity v. United States

143 U.S. 457 (1892)

Facts

D is a corporation, duly organized and incorporated as a religious society under the laws of the State of New York. E. Walpole Warren was an alien residing in England. D made a contract with him, by which he was to move to the city of New York and enter into D's service as rector and pastor. Warren accepted the job and moved and started work. P went livid and claimed that this contract was forbidden by the act of February 26, 1885, 23 Stat. 332, c. 164. P commenced this action to recover the penalty prescribed by that act. The Circuit Court held that the contract was within the prohibition of the statute, and found D guilty and imposed the penalty. D appealed. The first section describes the act forbidden, and is in these words: 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Columbia.'