The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-08-26
TELEGRAPHIC NEWS
CHINESE IMMIGRATION LAW
Its Constitutionality to be At
tackled.

tackled.
New York, 25--Judge Porter, in the
Supreme Court cham e:s. has now be-
fore him for consideration and decision
the question whether thu act OF Congress
passed on May 9th, 1882, forbiddiag the
immiRra ration Of Chinese laborers into the
United States and placing certain re-
stric,ions on the entrance within our
borders Of Chinese OF the higher classes.
is not in violation of our tresty ooIiga-
tlont, and therefore invalid. The ques-
ton was raised to-day in ha0ess corpds
proceedings for the release of |. Fook,
Chinese seaman or coal pssser, on board
the British ship Pembrokeshire. A writ
of hsbess corpus Was obtained On the
petition Of Ching Ping, an Attschee of
the Office of the Chinese consul in this
city. Ching Ping asserted thst FoOk
had been cruelty treated on bosrd the
vessel and that he was imprisoned on her
by Captain Richard, to prevent him
from b ginning suit here for dams gas.
Rickard did not produce Fook 10 court
and made return to the writ declaring
| that he had not imprisoned him and haG
not treated him with cruelty, but that he
was compelled by the act of Congress OF
May 9th, 1882, 10 delsin him on board
ship, he being a Chinese Iaborer, O: else
submit to fine and Imprisonment for
allowing him to land hare. TO show
that FOok WIS Chinese lsborer, Ricksrd
referred to The sbip's articles on which
Fook was inscribed at Hong Kong, whers
he shipped as seaman and 8
nstivs and resident Of Canton. John
D. Townsend, counsel for Foo&
nominallg but really representing All
Yung Wing. Chinese consul, SAID he
would not raise any issue as to the EGstter
Of fact, but would merely d6mur 10 the
return Eade by Richard 10 the writ Of
nHbess corpus. TEis would make the
issue concer' ing the constitutionality
end va 'idity of the act of Congress pro-
hibiting the immigration of Chinese
labOrers. As 10 ths facts, however, be
insisted hat seaman suGn So Eo0k is
not lsborer within the meaning Of the
statute, and is there ora entitled to aG-
mission to the United STATES. Lyddy,
Richards counsel, replied that thu Chi
! nese who are not laboTers are not TO be
admitted here unless they are allie to
present rtificates az to their stations in
life from the Chinese government.
Townsend argued that the act IF Con-
Igress was invalid and unconstitutional,
because it was in violation OF the obliga-
ton of thu United States towards China.
Lyddy argued tina! the State court had
no jurisdiction OF s. case involving the
construction of United States statute
and treaty, and that il Fook should be
allowed by Captain Richard to land in
accordau c5 with an order of the Supreme
Court, be might yet be Indicted, fned
and imprisoned By the UnjIed States
court.
Judge Porter said the questions raised
we're Of great importance, and should not
De passed upon without long considers-
ton The papers we're then submitted to
the court. Later in tie day Judge Por-
ter informed counsel that IS the case was
of such great importance to the whole
country ne thought they would Go better
TO have il passed OH by the United Sta es
court than by tt State court, and that if
they bsgan proceedings in the Unit
States court he would consider it as SUI
peFceGing the one b9fofe him; otherwise
he would give it full and careful consid'
Grafton