Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-09
The Cisinese 0nestiOn-Furlher Proceed
ings in the United States Circuit Court,

SAN Francisco, March Sth.-In the Par
rot case this morning Davis Louderback
spoke on behalf Of the people. His argu-
ment, in effect, was that provisions of the
Fourteenth Amendment and treaties refer
only to natural persons, not to corporations.
He quoted from the old and new State Con-
stitutions to show the rights reserved by the
State in its dealings with corporations, and
from a number of decisions in support of the
proposition that the action of the State un-
der its reserved powers does not trench upon
the provisions of the United States Consti-
tuition in regard to the impairment of obliga-
tons of contract. He enlarged upon the
absolute control possessed by the State over
corporations, holding that the latter have
only such rights, attributes and capacities as
are granted to them and not those common
to natural persons. He argued that not only
the Chinese, but also citizens, have the inhe-
rent right to pursue any lawful business. In
depriving Cinnamon of the right to labor for
corporations theirright to reside, travel and
live in the country is not touched.
Robert Ashe followed fos the people. His
argument was of the same general tenor as the
preceding one developing no new points
further than enlarging upon the point That in
the present case the Chinese had made no
complaint, and the Court could not take
cognizauce of complaint made in their be-
half by the petitioner. Recess.
SECOND DIsPATCH.l
ARGUMENTS CONTINUED.
SAN FRANCISCO, March 8th.-In the Cir.
cult Court this afternoon Mr.. Ashe concluded
his argument, and a discussion ensued be-
tween counsel aud Court on the subject Of
State control of corporations.
Crittenden Thornton followed for the PEG
pie. He spoke briefly, combining his argu-
ment mainly to consideration of the terms
of the national banking Act, from which and
some State authorities he drew the conclusion
that State had the right to demand that the
directors, officers and all agents of a corpo-
ration must be citizens of the State, and that
the same rule would apply to all employees of
the company.
Judge Hoffman, for the Court, raised the
question as to whether a laborer could be
considered an agent OF the company, and
called attention to the fact that such con-
struction would prevent corporation for
hospital purposes from employing Chinese at
tendants for Chinese patients, and would
also prevent the employment of Chinese in
terpreters by corporations having to transact
business with Chinese, and wanted to know
where counsel would draw the line to stop
a State from exercising arbitrary and un-
reasonable control
counsel, III repiy. reierreu 60 the celebrated
Granger cases, wherein it was held that such
interference with the affairs of a corporation
as would practically amount to confiscation
would be going beyond the spirit of the right
of State control.
District Attorney Smoot closed for the
people, He quoted the preamble to the Con-
stitution of the United States relative to se-
curing certain blessings for ourselves and our
posterity, and claimed that it was fair ar
gument that the negotiators of the treaty
with China had no intention Of multiplying
that preamble by cursing the country with
the presence of an alien race. He also ar.
gued that in making the treaty the United
States and China were bound to take notice
of the law forbidding the employment of
Chinese, for although it was not then in ex-
istence, it was within the province of the
State to pass such a law; also, that the
radical difference between the white and
Mongolian races was an argument that the
right OF a State to self-protection was not in
tended to be taken away.
Tomorrow forenoon Alr. Bergin will close
for the petitioner.