Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1879-07-25
California LegisIatiOn Against the
lhlneae.

The telegraph recently reported an impor-
tant decision in the case Of a Chinaman in Cal
ifornia who had been subjected to the unjust
operation of the anti Chinese laws-a decision
which practically declares all such discrimina-
ton against the Chinese unconstitutional.
The decision was rendered by Justice Field,
and the case is that of Ho All Kow, China
man who had been convicted in San Francis.
co of violating an act of the Legislature con-
corning lodging. houses and sleeping.apart-
ments In cities This law, familarly known
as 'the cubic air ordinance, was aimed at the
Chinese tendency to overcrowd their rooms.
1t provides that any person found sleeping in
an apartment which contains less than 500
cubic feet of air to each occupant shall be
punished for misdemennor. and fined not less
than $40 nor more than $50, or in default of
payment be imprisoned five days in the coun-
ty Jail. This curious bit of legislation is cal
culated to mike the arrest of Cinnamon easy.
and to give to their persecution a legal aspect
Coupled with this law is an ordinance provid-
ing that every male person imprisoned in the
county jail for n criminal offence shall have
his hair clipped within one inch of his scalp
which had less than the prescribed number of
cubic feet of air. Failing to pay the fine, he
was sent to jail, and there his hair, including
his cue, was cut of within an inch of his
scalp by order of the sheriff The China
man, on being released, brought action against
the sheriff in the United States Circuit Court
His complaint set forth that it is the custom
of Cinnamon to shave the hair from the front
of the head and to wear the remainder braid
ed into a cue that the deprivation of the cue
is regarded by them rs a mark of disgrace
and that, in their religious faith it is attend
ed by misfortune in this life and suffering af-
ter death that the defendant, Nunan was
aware of this custom and belief and that he.
notwithstanding, cut of the cue Of the plain
| tiff, in consequence of which the plaintiff
suffered great mental anguish was ostracized
from association with his countrymon, and
was damaged to the amount of $40 600. The
defendant set up the city ordinance as his de-
fence, but the plaintiffs counsel denied the
validity of the ordinance, claiming that the
supervisors had exceeded their authority.
Justice Field held that if the cutting of the
cue was inflicted in consequence of the sen
tence, it was punishment in addition to that
imposed by the Court, and if inflicted with
out regard to the sentence, it was wanton
cruelty. The Court declared that the super
visors might as well claim that, for breach of
any municipal regulation, n man should be
punished with stripes or have his ears cropped.
The Court held further that the spirit of the or
dinapce was in violation of the Constitution and
laws of the United States, in that it WAS di-
rected against a special class of prisoners, up
on whom it inflicted cruel and unusual pun
ishment, altogether disproportionate to what
would be endured by other prisoners, if en-
forced against them. The Fourteenth Amend
ment to the Constitution forbids such discrm.
mating legislation against any class, creed or
nation. 1t is therefore held that the plaintiff
must have judgment
The ordinance thus set aside as invalid is
only one of a series which were framed with
the express and deliberate purpose to annoy
and persecute the Cinnamon. The decision in
the case of Io All Kow will serve as warn
ing to legislators and law officers Of the
Kearneyite or,ler, that when a State enacts
and attempts to enforce laws which are con-
trary to the Constitution Of the United States,
the injured persons have a refuge aud de-
fence in the United States courts.