Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-27
7aE sBsrRrc rroE ACT.
Determined Effort in New York to Break
It Down.
[By Telegraph

NEW YORK, August 255h.-Jusse Potter
10 Supreme Cours chambers, hiss sow before
him for confederation and decision the oues,
tion whether the Aet Of Congress passed on
May 6, 1882, forbi3ding The immigration OF
Chinese laberers inso the United States and
placing certsin restrictions on the entrance
within our borders OF Chinese Of the higher
classes, is not in violation of cur treaty obi.
cations and therefore invalid The question
was raised to-day in tho habsas corpus pro-
ceediDgs for the release of j. Fook, a Chi
nese seaman or cosl-passe-on the Biitish shin
Pembrokeshire. The writ of hebeas oorpus
wss obtained on the petitiSa of Ching Ping.
an attache of the office OF the Chinese Consul
of this city. Ching Ping asserted that Fook
had bsen cruelty treated on bosrd the vessel.
and that he was imprisoned on her by Cap
tain Rickard to prevent him from beginning
suit here for damsges. RickaId did not pro.
duce Fook in Court and made raturn of the
wit, declaring he had not imprisoned him
and had not treated him with sTuelty, but
ihst he Wss compelled by the Act Of Con
| gress OF May d, 1882, to retain him on boar
ship, he being Chinese lsborer, OF else gu
! nit to fine and imprisonment for allowi
him TO land here
To show that Fook was Chinese laborsr,
! R;ckard referred to the ships articles, in
| which Foox was inscribed at Honekong,
and resident Of Canton.
| john D. Townsend, counsel for Fook ROM
inally, bus rs3ily representing the Chinese
Consul, said be would not raise any issue as
to matters Of fast, but would merely dernur
to the return made by Rickard to this writ Of
| habeas corpus. This w0uld make an issue
concerning the constitusionalisy and validity
of Ihe Act OF Ceogress prohibitiag the im,ni-
| ,rasi1n vi Chirsse lab0gSIs. A, 20 the facts.
| however, he insisted that s seslsSla euch ~
Fook is not q lsborer wi.hia shs rSsniDT 1
the statute, and is therefore entitled to sd
mission to the Usited Ststes.
Lyddy, Riokard's counsel, replied that
Chines3 vino are not lsborers are not to be
admitted here unless they are able to present
certificates to their stations IN life from the
Chinese Government.
Townsend argued that the Act Of Congress
was invalid and unconstitutional, because it
was in violation OF the obligations OF the
United States toward China.
Lyddy argued that the Stats Cours had no
jurisdiction of case Involving the coastrun-
ton Of the United States statute snd
treaty, and that if FoOk should be allowed
by Ricksrd TO land in accordapcs with the
order OF the Supreme Court, he might yet be
indicted. fined and inpsizoned hy a United
States Court.
Judge Porter said the questions raised
were OF great Importance, and shculd not be
passed upon without loug consideration.
Tie papers were then passed to tbs Court.
Lister in tie day judge Porter Informed
counsel tbst as the casa was of such impor-
tapce 70 the whole country. he thought they
would do better to have it passed on by the
United States Court than by she State
Court, aud that if they began proceedings in
the United States Court be would consider it
as sdpeFseding the case before him. Other
wise ne would give it full and careful consid-
Grafton.
The Tribune says: Instead Of Offering 3
refuge to the oppressed of all nations, tais
country is just nov placed in the attitude of
refusing justice to those who sre within its
jurisdiction. Twenty-four Chinese are now
on board vessel in this port, who complain
of i'll treatment, and are refused the privilege
of laudin9 to seek redress in our Courts.
For the credit of the country we trust it may
be shown that our laws will not bear such .
construction.
The Sun editorially says The recent seiz.
ure of the English sloop Photographer on a
charge of smuggling Chinsmen from British
Columbia may lead to disclosures in regard to
contraband traffic on the northwestern FROM
tier. Two branches-the smuggling Of opium
and Of Chinese-sre carried on there to a
great extent. In San Francisco alone It is
supposed over Sc, 00o. coo worth of opium has
been smugaled in the last ten years, lSrgely
for Chinanen, and now they ara smuggling
Cinnamon to smoke the smuggled opium, ac-
cerding to tie Collector st Tacoma, where
the officers, aided BY the revenue steamer
W0lcott captured the Photographer. Nearly
ose hundred Cinnamon had within few
days crossed the line along the shore in canoes
or boats. This is in direct violation of the
statutss and ia punishable.