, 1883-01-19

TING AT LIBERTY THE CHISAMAN
LEE YIK.
Territory of Washington, Third Judicial.
District, SIS. In the District Court OF
the Third Judicial District, holding
terms at Seattle.
Before Roger S. Greene, Judge OF said
Court, 9th day OF December, lSS2
In the matter of Lee Yik, a Chinese
person.
A. w. Bash, Esquire, Collector of Gus
toms for the District of Puget Sound,
brings before me certain Chinese per-
son, named Lee Yik, whom he has in
custody, and whom he claims to have
found unlawfully within the United
States contrary to the provisions
of the Chinese Act of 1880,
and he requests me to proceed under
Section Il Of that act to inquire and find
whether this man is one not lawfully en-
titled to be or to remain in the United
States. The Chinaman, on his part,
claims that he is not to be considered,
within the intent and meaning of the act,
"laborer," and is, therefore, entitled,
according to the treaty stipulations Of
November II, 1880, between the United
States and China, to 60 and come from
and to the United States of his own free
will and accord; but that, if by the
Judgment Of this court he is to be deem
ed such "lsborer," then he is entitled
to the same freedom, according to the
same treaty stipulations, because at the
date of concluding those stipulations he
was in the United States
No point is made by the u S. attorney
or by tho prisoners counsel as to the
regularity of these proceedings 1t is
conceded that the prisoner has no GER
tifcate, such as is required by the
Chinese Act of 1882.
Three main questions are laid before
me for decision, which are as follows;
First Whether the certificate, pro-
vided by Sec. Of the Act is indispensi-
bic TO Chinese laborer desiring to re-
turn to the United States?
SECOND. Whether the certificate, pro-
vided by Sec. 6 is indispensable to a
Chinese person other than laboTer, and
who is about to come into the United
States?
Third. Is such person as the prison
er "laborer," or is he "person other
than laborer," within the meaning of
the treaty and act?
The first and second questions May
well be answered together ArticleI of
the treaty declares that the limitation or
suspension of the coming Of Chinese TO,
or their residence in, the United States
shall apply on y to Chinese, who may
60 to the United States as laborers,
other classes not being included in the
limitations" By Article III, Chinese
laborers who at the date Of the treaty
in the United States, are put upon the
same footing exactly as Chinese persons
not laborers. They "shalr'--so says the
Article-"be allowed to go and come OF
their own free will and accord, and shall
be accorded all the rights, privileges,
immunities and exemptions, which are
accorded to the citizens and subjects OF
the most favored nation" To execute
this and other treaty stipulations relat-
ing to Chinese, the Chinese Act was
passed. So far as this Act touches the
rights OF those Chinese entitled to privi-
leges under the treaty, it is in aid of their
rights. What is accorded by the treaty
is made easy and certain Of enjoyment
by the statute. Certificates are TO be
furnished those persons only, who are
entitl ed OF right under the treaty freely
to do and come and who are to have "dH
the rights, pr'irileges, inmunities and
exemptions which are accorded to the
citizens and subjects of the most fdrOr-
ed 1ldtiop." The certificate for labor
ers, under Section 4, is not in the nature
OF u passport or license. implying that
by sufferance its bearer may pass in, but
is a gratutious grant OF a piece OF evil
dence sufficient on it's mere production
to prove its proper bearer entitled to re-
turn into the United States. The GER
tiflcate of Section is a piece of evil
dence to be prepared by the Chinese
government, and which by comfy OF our
nation is to be received as primd Jacie
proof that the bearer described in it is
such as it asserts him to be. As is said
by Mr.. Justice Field in the case OF Low
Yam Chow Supp. Pac., c. L. ]. vol. I,