, 1883-09-06
The Restriction Act Again.

ginning to cause very general and
Intelligent discussion throughout the
East Judge Nelson, of the Boston
q. S. court, it will be remembered,
recently decided that Chinese not
strictly subjects Of the Emperor Of
China were exempt from the oper-
ations OF the law. This paper took
the ground, and still maintains, that
the decision WAS erroneous 1t Is q
decision based upon construction.
The first thing to do in case of doubt
as to the construction of statute, is
to ascertain what was intended by
the lsw.making power. All eminent
authorities agree upon this As
there is no denying the fact that
Congress intended to exclude all for
eignsrs commonly known as China
men from competition with American
laborers, it necessarily follows that
Judge Nelson's decision was erro-
nsouA Commenting upon it the
Springfield Republican says:
However conscientious the cornt
may have been, the decision is not in
accordance with the intent of the Act,
which is clear enough for child to
understand. Under that decision
the whole laborinS population of
Hong Kong might be dumped into
the port OF Boston and the Act COM
plstsly nullifed The object of the
Act was to protect American labor
from Asiatio competition. The de-
eision OF the Circuit Court of Mas
sachusetts, in part at least, defeats
the Act and removes one degree of
protection from American labor. We
doubt whether other Circuit Courts
would sustsin the Judgment. With
all respect for the Court, it will be
hardly possible to convince the ma
iority OF the people of this country,
who have not sentimental affiliations
with Asiatic coolies, that it has not
strained point to the verge of
Quibble to let All Hong remain in
Massachusetts, Notwithstanding that
the Act Of Congress says explicitly
that he shall not If such decision
Is 10 stand as good law, then it will
be the nrst duty of Congress to
amend the Act SO that the Chinese
sentiment at the East cannot get
through ii or around it, for if the
Court il correct, the Act is not worth
ahs paper on which it is written for
the purpose Of keeping Chinese
laborers away who are not subjects of
the Chinese Emperor"
The Republican further quotes
the preamble of the Act and explains
its Interpretation.
Whereas, in the opinion of the
Government of the United States
the coming OF Chinese laborers to
this country endangers the good
order Of certain localities thin the
tsrTitoEy therof, Therefore be it en-
acted, etc.
Here is no reference to the treaty.
Section Q puts q penalty upon any
shipmaster who permits to be landed
''aRy Chinese lsborers from any for
sign port or place" with certain ex-
esptions well known. No reference
II made TO the treaty until in Section
4 reference is made to the proper
Identification Of Chinese who were
IN this country on the date of the ne
9otiation OF the treaty or who may
have arrived since or within period
Of ninety days ensuing. There is
also ons other Rllusion to the treaty
in Section 9, which contains proyis-
ion requiring passports to be furnish
ID 10 Chinese, not labor8rs, coming
TO this country. To osuppose that the
trainers OF the bill, with their fanil
iarity with the fact of the large immi-
grafton trom Hong Kong, intended
nothing by the expression "from any
foreign port OF place." is to assume a
oarsiessness IN legislation which is
contrary TO fact.
Another peculiar feature in con-
Hsetion with the law is that many of
those entrusted with its enforcement
are only too anxious to see it nulli-
fed in one breath they will tell you
there is little danger of Cinnamon
successfully evading the law; that
they are not SO anxious to come as
has been represented, &c, and in the
next they say that there is no use
Of trying 10 enforce the law at all
that no amount Of special officers
would be adequate to guard the
boundary, sc. Then, as to the legal
proceedings, the follow ng from the
q. D. Bulletin, of Aug. 25th, is right
to ths point:
h."Ths Chinese Restriction act is one
OF those measures which is always in
the hands of its enemies II there is
an intraction Of its provisions there is
usually but two parties in Court
that il to say, the person " ho brought
tks Chinamsn here, and the China
man himself. Both are opposed to
the law. The ship Captain wants to
svsde she penalty and the Mongol
wants to get in. The law has no
champion anywhere. The Judge
should stand by it, but it Is too much
the rule to decide cases on the argu-
msats presented In fact, under GER
tain sonditions the court is confined
10 che plsadings. All the questions
that have arisen under the Restric-
tioa set will have to be fought out
hare. None of the rulings that have
SO far been made are final. The city
employs regularly large staff OF
lawyers. We have District and
City Attorney, each with a number OF
subordinate attorneys. The State
has an Attorney Genera with large
powers. It may not be stricIy In
a 4 I1,-.ooo &l,nk thn Ra: