, 1883-01-19

No4)it is evidently designed to facili-
tate proof by chinese other than labor
ers, coming from China and desiring to
enter the United States, that they are
not within the prohibited class. 1t is
not required, rs means of restricting
their coming" To hold that Chinese
person, privileged by the treaty, must
necessarily be excluded from the country
unless he produces one of the certificates
mentioned, is to put upon him, by the
side of "citizens and subjects of the most
favored nation" an invidious distinc-
tion which is certainly not in harmony
with the treaty, and is certainly, there
fore wide Of the true intent of the
statute. Congress did not construct
their law in order to annul, override or
in any degree abate aught granted in
the treaty. They provided certificates
for the benefit and security of the privi-
legged classes. Non-p productive OF a
certificate is circumstance, which il
alone and unexplained may properly be
regarded as proof that the person lack
ing it is one who is prohibited. But its
non production is open to explanation,
and the presumption arising from its
nOn-prduction to contradiction. When
ever the question of right under the
treaty comes before the court, evidence
may be heard to establish the right,
From the evidence adduced before me,
Lee Vik appears to be one of four part
ners in Chinese provision store in Port
land, Oregon, which does business OF
$500, 600 per annum. He has been for
eleven years last past and is still, the
proprietor of laundry there, in which
five persons are employed under him, but
in which he also has worked with his
own hands He came to the United
States eighteen years ago and has resid-
ed here ever since, with the single eIcep-
ton Of the time occupied in a recent
visit to China. From 1865 to sometime
in November, 1890, he has lived at Port
land, Oregon. His wife and childRn are
residing in China. In November, 1880,
he went to China to visit them. He re-
mained with them long enough to build
them new house to serve as their home,
and then went to Hongkong, where he
stayed for some time. Thence he return
ed to North America direct, in response
to summons from the managing part
ner in the provision business in Portland,
to come there and take charge of the
business so as to enable the managing
partner to go to China. He arrived by
steamship at Victoria, B. c., about four
weeks ago. From Victoria, he came, on
the 18th or 10Th of December last, to La
Conner, Washington Territory, as pas
seuger upon small slOop. He paid fo'
his passage the sum OF SIS. This sloop
has long been suspected Of being engaged
in smuggling, and on her arrival near La
Conner was seized by q custom house
officer, at the instance OF the collector Of
the district, for that oiEense. The seiz-
ure was made at midnight, and the Chi
nese being asleep under the deck
at the bow, was not known to be
aboard until after he had come ashore.
lie was soon afterwards taken by the
co lector into custody, in which he is
still retained.
In his testimony Lee Yik explains his
lack Of q certificate, by saying that he
intended to get one from the Chinese
government, but that when he had made
up his mind to return, he found it would
take him two weeks trip by steamer
from Hongkong 10 sect it. In exp'an =
ton OF his somewhat suspicious mode OF
transit from Victoria, he says he was
afraid to ship by steamer to the Sound or
to Portland because no had no certifi-
cate.
With these facts before me- come to
the question whether Lee Vik is to be
deemed a labOrer. II it be assured that
he is such, then 1 think the presumption
should be against him,on the proposition
that he was in the United States at the
date the treaty was concluded. He is
uncertain at what time in November he
left. His witnesses fail TO help him on
this point. On the 18th the treaty was
concluded. The greater part OF the
month was prior to that day. In the alb
scnce OF other testimony, therefore, and
assuming that he Is a laboreL L would
have to pronounce him excluded by the
statute.
Is he to be considered o "hborer"
within the Chinese Act OF 1882? AS the
Act il in nil OF the trenty. the term ola