Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-09-02

hAA SO9OA
We have referred to the case Of Eve
Cinnamon in the ~psnitentiary Of New
Jersey who propose to test the legality
of the act Of the officers Of the prison in
depriving them Of their queues, the
question being whether the cutting off
their queues is not an interference with
their religious faith.
There is m impression that the point
in question has been decided by Judge
Sawyer Of the United States Circuit
Court, San Francisco, but we believe
this is not entirely 20.
The case that came up before him was
this: Three or four years ago All Kow
brought . similar suit against the Sheriff
Of San Francisco and won his case. The
Court ret aside the ordinance of that
city under which the Chinaman's queue
WA clipped in Jail on the grounds, first,
that the Board Of Supervisors had nj
power to pass il, and, second, that,
while general in terms, it was aimed
against the Chinese, and was therefor,
special legislation, in violation Of the
Constitution.
But the Court went beyond the ques
ton presented for it, determination ant
admitted that thsre was no constitu
tsouai objection 70 shaving the heads o
Nhsu>~o IN nou-cm -.<h encsn ~ oena,
convicts in State prisons. On this poin'
Justice Field Of the United States Su
preme Court said: 1.-THE close cutting
Of the hair which il practiced upon in
mates Of the State P~enitentiary, lik'
dressing them in striped clothing, !
partly TO distinguish them from otsers
and thus prevent their escape and facili
tate their recapture. They r measures
Of p~recaution = well n parts Of . gen
eral system Of treatment prescribed b.
the directors Of the ~penitentiary undel
the authority Of the State for parties
convicted Of and imprisoned for felonies.
This Indirect decision may 60 to tn
heart Of the matter, but probably not
The argument will doubtless be NOR
general and take . wider range when fol
the plaintiffs il invoked the constitu
tional prohibition Of ''cruel and unusua
punishments." The Chinaman, a. every
body knows, wears the queue as an in
dispensabls part Of his nationality and
religion, not a. . mere evidence or sym
bsl Of them. When his queue Is gon'
he considers himself Lost to his people
and his faith, and there is no excuse thai
= Chinaman can offer for this deprivation
that will be considered in the Fiowery
Kingdom. The queue is Of inestimabl'
value to him. and had he an opportunity
Of resistance he would willingly risk hi
life to ave il. Hence clipping thu
felon's hair. which is only . part of peni
Tertiary discipline in this country and
which is not regarded in the light Of
punishment 1t all when done to Cauca'
sian nationalities, becomes seemingl,
both . s'cruel and unusual punishment
when applied to the Chinese. The ques
ton will arise whether the consideration
Of custom and public policy in this mat
ter in this country will be Of sufficient
Importance to overshadow . contingency
certainly never anticipated by the framer
Of our Constitution, but upon which tn
words Of the CLAUSE quoted have never
thslsss direct bearing and pointed refer
snce.
OF course the public are not particular
" concerned whether John Chinamai
wears his queue in the ~psnitentiary Of
not, but all are concerned in the proper
and equitable interpretation Of ou'
fundamental law.