New-York tribune., 1880-04-08
ANOTHER ANTLCUINESE BILL.

The attempt 20 expel the Chinese fiOm San
Francisco by means of an ordinance Of the
Board of Health seems to have failed The
Bolrd gave the necessary formal notice to abatc
the nuisanccs in Chinatown, apparently bcliev-
ing that no attention would be paid to the
order. Bat to the great disappointment of San
Frarcifco dcmagogues, the Cinnamon went to
work with pals, brushes and wlIitcwash tleir
houses were made as clean as possible; and II
The public authorities and tho Caucasian land
lords would do their duty, the condition of the
tenemen.s about which so much complaint has
been made would be as good as that OF the
dwellings of the poor In any large city. AS
tenants cannot be punished for bad drainage
or dirty streets it is not clear that the Board OF
Health can do anything more in the case at
present and III fact there is no indication that
they intend to do anything, although the thirty
days' notice gwen in the ordinance expired
nearly two weeks ago.
But the Legislature, which, as we have re-
marked before, Stems to he more dangerous TO
California than the incendiary orators of the
Sand Lots Is making fresh demonstration
against Mongoians. A bill has already passed
the Senate authorizing municipalities to re-
move the Chinese beyond their limits; and it is
significant that although this measure is plainly
in conflict with the Federal Constitution, ms in
terpreted in the recent decision of the Circuit
Court, it seems to have been considered sufll-
cient defence in the Senate TO show that 1t Is
in harmony with the State Constitution. That
extraordinary instrument declares that no cor
poration shall employ Chinese labOrers; but
the Court has pronounced the prohibition Ill
conflict with the XIVth Amendment, as well as
with treaty rights, and therefore wholly invalid
The Amendment fOrbids a State to deprive any
person within its jurisdiction of the equal pro-
lection of the laws. The Civil Rights bill, en-
acted for the enforcement OF the provisions OF
this amendment, declares that sail persons
"within the jurisdiction Of the United States
shall have the same right in every State and
TERRITORY to make aid enforce contracts, to
"sue, be palties, give evidence, and to the full
" and equal benefit of all laws and proceedings
q for the security of persons and property as is
@enjOyed by white citizens" The Durllngame
Treaty confers upon Chinese subjects visiting
"or residing in the United States the
same privileges, immunitles and exemptions,
u in ,esyect to travel or residence, as may be
aepjOyed by the citizens of the most favored
"nations." All these provisions of the law Of
the land are violated by the California COnstitu-
ton; and in deciding the ParrOtt case last
month"; the Court, though it recognized the evil
of Chinese immigration, pronounced the lnVa-
sion of the constitutional and treaty rights of
those people "an audaciOus defiance OF Ma
@tional authority The attempt to remove the
Chinese by force will be crushed" said the
Court, by the power of the Government. The
aattcmpt to obtain tie same object indirectly
@by legislation will be met with equal trnness
@by the Courts, no matter whether il assumes
@the guise of an exercise Of the police power,
" OF of the power to regulate corporations, or Of
@any other power reserved by the State, and no
@mattei whether it take the form of q constitu-
"tional provision, legislative enactment or
@muncipal ordinance"
There is not the least doubt that the rules
laid down in this decision apply exactly to the
bill now pendng in the Legislature, and we do
not see how the Senators who voted for the
bill! can expect it to be sustained when ITS con-
stitutionalisy is brought to the test. Probably
they have passed it only as concession to the
demagogues, leaving it for chance to determine
whether il shall lie peacaably Overtllrown by the
Judges of prove the occasion of riot and public
disaster. But California Legislatures have
trihed with peace and justice quite long enough
aud it is high time for them to recognize their
responsibility to something besides mob clamOr
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