Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-01-18
THE INFORMATION OF CHINESE
PROSTITUTES.

PROSTITUTES.
We find in the San Francisco Chron'-
Gle q tslegraphic statement OF an argu-
ment in the Supreme Cont Of the UNI
ted States in q case which involves the
constitutionAlity OF law OF California
requiring the master, owner OF con-
sienee of any vessel bringing emierants
20 the State, Who are lunatics. idiots,
deaf, dumb, blind. crippled or infrm.
not accompanied by responsible reia-
sives willing to support them. OF con-
vic,ed criminals, or debauched or iewd
women, to give bond in $500 that they
abau not in any case become charge
on the State within two years OF NJ
rival" The case which tests this law IS
that OF the State Of California ". Chy
Lung. and was first brought before the
United States Circuit Court. Judge
Field presiding. His Honor decided the
Law 10 be unconstitutional. In his ar
eumsnt against the validity OF the Act.
Attorney General Pisrrepon' contends
shst the statute is in conflict With that
principls Of the Federal power which
recul.tss commerce and makes treaties.
The following synopsis OF Pierreponts
argument is given. Under the law
says the Attorney General. "she psssen-
s,rs from Great Britain. France, Ger
many or China. being subjects OF either
Of these countries. bs they ever 50 rich
or exalted, and though accompanied oy
q retinue Of servants. may be excluded
unless . bond is given. II hs is inhrm
or crippled. unless accompanied by rel
stives, ETC.. or if he happens to have
been convicted Of q politicsl of-nse IN
irving to aid his countrymen in sstab-
fishing Q constitutional government. or
il the passsI se. be . woman. and she II
Isvd. if she 10 debsuchsd either by
drunkenness or gluttony. or politica!
intrisues, OF in any other way. abe NEST
be excluded. If the Commissioners OF
Emigration are satisfied that female
passenger il levd. 10 matter what her
relations, even though the wife OF a
English diplomat, o. il another woman
in debauched, being the wife Of French
actor. they must take the same course
taken with Chy Lung and his associates
and the same action would deprive the
person convicted OF the political offenss
instanced Of tho rights Of asylum.
Quoting from Webster, Che le1icogra-
phsr). Pierrepons shows :hat to be lewd
is not necessarily to be unchasts-as re-
cards the intercourse between the sezes.
1.-THE right to exclude Chinese women.
he continues to say, cannot be main-
tanned under the Iclics power OF State
The ballet and other theatrical e1hibi-
.ions are prohibited in several States,
but If a French ballet-dsncer or actress
wished to visit any Of these she could
not be prevented from landing At the
ports by any State statute or general
Law. Twas not in the police power OF
4 State. Such . Law would be ineou
.istsn. with the treaty with France
contrary to we'll established principles
~ commercial intercourse, and is void
The police power of State is limited
and cannot be used to contraysne Lawful
authority of the Government, OF to dis
,urb those well established principles
which govern the intercourse OF nations
Should California become . Mormon
State. and the Legislature attempt t.
exclude Gen,iies. q iav 10 that emf
would be void. Where the sxecution o
Law is to affect treaty relations, SIN
Gle State OF tho Union Is not sol
Judge of what laws may be rassed- 70
its own security the right of seh-de
Tense is conceded to every State; but. a
Justice Grier says in the passengs
ssss,. the powers used in self-defsns
and protection against harm cannot b
perverted into weapons OF ofisnse an
aggression on the rights Of others. Tn
California statute On China~otne
amounts to an exclusion Of emigrant
or visitors, while Mexican women OF tn
.ams class, arriving by rail or o:herwis
than vessels, are exempt. and this dis
sinc,ion il made in violation Of the Law
Of Congress and the Fourteenth Amend
msnt. providing. among other thing
that q State shall no: deny to any Pc
sons in its Jurisdiction equal pEosecs'o
Of the law"