, 1879-08-15

upon ny tn0m thhn tits abusive htall uRI0Ynl
utteranoos Of a fow Do,orartist lenders,
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rrr TAR, nv A cu,u.tx.v
To An Kow, A s,,bioot of Tia Emnoror NJ
Chinn, temporarily residing in Fan Fr.notsco.
laa lad Legal bout with tbo gho,fr NJ tho
comfy. and. ta1,lnr hia cnaa I'm n ,bo
Circuit Court of tic unitod gtatoH far ,t,o
District OF Oallfornin, ha, como ont with
Gyinc co]ors. thounh atill MINIS III. ntptot,
and Theoretically cut OF from all l,o,,o of n
b1esasd llerea flor,
Tho story of EIo An Kow,s litioation In vary
interesting. Flo An Kow was A rencoablo
Ohinanan, wllo%o sin against tho Common.
wealth Of San Francisco was hin t1IRtnoliua.
sion to occupy ~ much space In his steopiuc
apartments as Christian, II, anil Lis com.
rados paoksd the,n sulyes II, thoir dormitory
like sartlines in a.hox. This prnptico was ro-
earaod by tia gupor.isors NJ detrimonta1 ID
the sanitary condition Of ths oity, Ho An
Row nnd his fel1n,v. .sardinos snfrcrcd
no Inconvenience from tho nncl;iuu
process, hut on tho o.hor hand waxcd
fat and hearty. III Jn1v, 1870.
the suporyisozy paseod an or,,inanoo nrovi1.
Ing "that auy owner or tauant of any houao
room, or a1,artmout. who should lolco or
porntt In ho 1of,oc, IN enoh room or n,.rt.
,nout mora thnn ma ,,crao, IN cnc}, nm cn,it
fcet of mir. a,,ou,f, ho ;,oenof, ,r,tv of n,,a.
dc1noouor, aul for every offouso should bo
fined not less thnn s1() nor mora tl,nn S50D
or Imprisoned IN tho Oitv Prison not les,
than five tlays nor mora thnn ibreo moutba."
The ordipauoo was onforoed n. onoo. # yas
not tl;t1lcu)t to find Offenders. far TIM who1o
Chinese popu'ation yns violnttuo Tim ordf.
nance. They vera arrosted bv wholcaatc.
md. aa tl,ov obatinatelv rofusol In INV tho;r
inea. the City Prison woa st,on crow,1ut1 with
them, md they wera pookefl ipto co11a wloro
thoy hatl not oyon 1o0 oubio feot Of mir to TIN
persou, Tho iai]a wora a1ao ovarorowded.
autl it at Inst bucame serious problem what
to do with tl,o lurce number vot tn come. IA
final insluccment to 1uoko thou pay thoir
fines another ordinance was passed.. which
proyiaed that cao1, and ovory mnle
prisoner upon his orrivn1 In t,,e ia;l should
bayo his l,nir ont or clinnod to n Uniform
]epctl, Of ono inch from, lin aca1p. Tho first
victim of tho shcrjffs shogrs was IIo An
Kow. wbcrcunon he broupht su;t to rosovor
damages for his maItroatmons, In lis cou,-
plaipt l,o aycrrod !" That ie ia tho cnstom of
Cinnamon to s,,nvo tho l,air from tho front
of the llead aul to wenr the remainder of il
braided into Queue: that tho tlenr;vatiou of
tic auouo Ia regarded by tl,om a. mark of
disgrace, and il attended,. oocorilno to THAR
religious filth. with misfortnne md eufYor.
ing after dontI; TINT tho defendant know of
this custom and religious faith Of tho Chi
nese, and knew also tint tho plaintifr vonor.
ateil tho custom md ho1d tho firth vct in
disregard Of ljs riohta. infl;oted TIM in;,,rv
complained Of; and that the p'eintIfr hRs. in
conscouopco of It. suffarod croot mania,
anguish, beou disoraccd in tho evea of h;a
friends md rolatiycs, md ostracIsed from
association with his countrym0u; md that
hence he has been flanarod to thu amount
of s1o.0oo." Tho Sheriff sol nm m hin In,
fenso justification of hin conduct unilor tf,o
"oueuo Ordinance
In delivering tho opin;on of tho court
Justice T1Ehp held. in TIN f}rst inatarco
TINT tho Doard Of supsryisors Ind rrccoi1ot1
;.s antbor;tv I, ,nsa;no tbo or;1norco Nc
there wa4 m warrant for ita act;,,, IN the
net consolidating tic Oity and County CIV.
orpmonts; nor, on tho othor hand. was it
a measure Of discipline or sanitary reou}n.
tim. In tim socond ;nalanco lin no,r,
hold that this punishmont was gpeoIal lceIe.
lation, intant1el to apnlv on1v tn nh;no,non
Upon this poiut the Court was very sevcra.
exnreas;no tin opinion that lin ordinance
waa "uot oreditablo to ,ho humanity and
civilization of our peoplo. much lcgs to their
Christianity" nnd. Of oourse. was in f,;rcct
conflict with tia Fonrteenth Amant]oant of
tho Constitution. Tho opinion closes with
Tho nword of iudrmont IN t1o ,,lo;nt,fr m
justification.