Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-11-10
ruRrHss As1Arrc Invasion.
Chinese Laborers Who Went to China PRO.
to the Passage Of the Restriction Act
Entitled to Land,

to the Passage Of the Restriction Act
Entitled to Land.
90 Thursday Judge Hoffman, of the United
States District Court, at San Francisco, rem
dered the following opinion. admitting an
other extensive list of Mongolians through
the meshes of the Restriction Act:
United States District Court, District of Califor
nia-In the matter of Chin A. On, Chin A. Hi and
Chin Man Chow, on habeas corpus.-OpinioH.
The question presented for decision in these cases
is whether Chinese laborer who resided in this
country the date of the conclusion Of the treaty
of November IL, 1880, and who went to China be-
fore the Act of Congress of May 1882, is entitled
to land at this port without producing the certificate
required by that Act.
The Second Article of the treaty is as follows:
Chinese subjects, whether proceeding to the
United States teachers, students, merchants, or
from curiosity, together with their body and house
hold servants, and Chinese laborers who are now in
the United States, shall be allowed to come and go
of their own free will and accord and shall be &C
corded all the rights privileges, mmunities and ex-
emptions which are accorded to the citizens and
subjects Of the most favored nation"
"Chinese laborers who are now in the United
States" are thus placed upon the same footing as
Chinese subjects proceeding to the United States as
teachers, merchants etc and they, like the latter,
are allowed to go and come of their own free Will
and accord II they denied this right it will be
disputed that thu denial is violation of express
| stipulation Of the trelty.
1t is urged that by the provisions Of the third and
twelfth sections of the Act of May g. 1892 the pro-
duction of the certificate mentioned in the Act is
| imperatively required.
it is not denied that if the stipulations of the
treaty and the requirements OF the Act Of Congress-
found to be rreconcilably conflicting it is the
duty Of the Court to obey the law being the lat
est expression of the legislative will, leaving the
question Of the breach Of the treaty stipulation to be
settled by the political branch OF the Government.
W n GOnpreas N
ton to violate important article OF treaty with
foreign power, that intention must be clearly and
unequvocally manifested, and the language Of the
law which is supposed to constitute the violation
must admit OF no other reasonable construction,
and especially should this be when the supposed
violation Of the treaty is found in Act OF Congress
the exclusive object Of which, as declared in the
title, was :" to execute certain treaty stpulatOns
relating to China" The provisions of the third and
twelfth sections OF the Act material to be noticed
are as follows: "Sec. g. That the two foregoing
sections shall not apply to Chinese laborers who
were in the United States on the 18th of November
1880, who shall have come into the same before
the expiration of ninety days after the
OF this Act and who shall produce TO each master
before going board such vessel and shall produce
to the Cole tor of the Port OF the United States at
which such vessel shall arrive, the evidence herein
after in this Act required OF his being one Of the la
borers in this section mentioned"
The evidence referred to is the certificate OF the
Collector mentioned in the succeeding section.
SOW 81 III ~ o-,,;..o5 - - ~ 49,, 9. p
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ant 49,. ffons - ieis "na eiIce .e hGs
and nroner nrec.nt;ons ac,o;st ,S
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Intad Sta,as 'hoiera ~ .a. nav iei. 'ie
no ia ran;red w eI ho mo mhen
hn law iequiieu eeItlicdte W De procured ana no