Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-10-02

order u the faithful execution of the
provisions iof this act, every Chinese
. .rson, other than a laborer. who may
be entitled by said treaty i.e., the treaty
Of 18th November, 1891 or this act. to
come within the United states. and tcho
shall BE- about 10 come 10 the United SfdteS,
shall obtain the permission Of, and De
identified a. SO entitled, by the Chinese
government, or of such other foreign
government of which at the time sueh
Chinese person shall be subject. in
each case TO be evidenced by certIfi-
cate" etc.. "vised." etc, which "certI-
ficate, vised as aforesaid. shall be priaa
fdcie evidence of the facts set forth
therein, and shall be ths sole eridenee per
Missile" etc. The section Is made to
meet the case of persons 'tcho shall be
about 10 come 10 Tire United States" Ii
applies TO such persons, and none 9TH
ers. II person with intent TO come to
the United States had already started on
his journey hither, at or before the date
Of the amendatory cot, the provisions
requiring vised certificate would not
apply to him. But they would apply to
every person who subsequent TO July
9th, the date of the act, started on his
lOufuol win AutCht w thtpt tuC ShitCd
States. Such are the 80 Chinese.
The phrase about to come" implies
direct coming, without any consider
able intermediate abode at any place en-
route 10 this country. although the orig
inal design of the person may have been
TO come here ultimately.
Where the section says that the vised
certificate shall be the sole evidence
admissible on the part Of the person pro-
daciHg the sdne," IL means on the part
Of the person who, according to the
tenor and intent of the section, should
| have provided himself with vised Ger
tificate for production when required.
NV mind is clear that none Of these
Chinese can lawfully be admitted to the
United States without producing vised
certificate. No other proof of their
right To enter IL admissible, for they
! are Of the class of persons covered by
amended section 6. The consular Ger
titicates which they exhibit eau avail
them nothing. II is said that such Ger
tifioates are being honored at the port
of San Francisco as evidence Of right
to enter. Bot am not aware that such
certificate for such person as any Of
these three has yet been passed upon
since July 9Th by any United States
judge, aud am bound to believe that
when such certificate IL rendered the
judge will declare it inadmissibIe.
can see that my ruling makes the
operation of the law harsh, especially
towards those Chinese dwelling in Vic
toria who have business connections
and interests In Portland or on Puget
Sound. or Vies versa. But the law makes
ry ruling, and the law 10 my mind is &C
transparent that there can be no mis-
take M to its meaning or how | ough,
To rule. have respect for the situation
and feelings of the Chinese, bat | 70.
spect Law more.
In imposing on the Chinese Of this
upper coast the necessity of the vised
certificate. OF section six, in order
that those engaged In mercantile pur-
suits may pass back and forth between
British Columbia and Washington and
Oregon. according as their business ia.
terests demand. Congress may have
gone no further than the exigency ol
effeetually REFRESHING improper Chinese
Immigration required. but feel conf
dent that the true state of the affairs Of
the Chinese in this region was not il
the mind Of Congress when they made
| their law. 1t Ia a Law made to meet the
Chinese problem as seen frum a Cali.
fornia standpoint, lenient enough, per
haps, Ia operation there, but harsh here
| To my mind. the requirement Of the
vised certificate In so grave an embar.
| rassmens to the movements of Chinese
merchants located on the Sound aud in
British Columbia as to involve Serious
changes and losses Ia their business and
10 prevent them from coming and going
of their own free will and accord, with
all the rights. privileges. immunities and
exemptions of eitfx ms aud subjects of
the nations most favored by the United
States. In this respect, and al least a.
| respects Chins 80 in this vicinity, tbs
| statute, think, conflicts with the treaty
| Where treaty announces a rule OF
| lawful conduct and statute announces
q rule In confiict Herewith. one or the
other must give way. lhey are 90 or.
| dinate and equally authoritative sx-
pressions OF national will. aud the
latest expression must be- the rule oi
| judicial decision. Hence. the statute
| since ID Ia later than the treaty, must
| control my action. A q consequences,
these three Chinese must 20 ont of the
country.
So much is all that 10 necessary "a
say. in order 20 decide the GASES of
| these play actors but as there are q
namber OF other cases under the 70.
striction act pending, and new cases are
continually arising. think this occa
| sion fitting one 30 make an announce.
mens of what deem the present stass
of the Law. aud what. until | receive
new light. will be my course OF ruling
/ in reference 20 these Chinese.
Flrss-with few and practically very
rare exceptions, the doors Of the United
States henceforth open outvaris, bot
NOT inwards, 20 uncers,fisatad Chinass.
Second-The propositions adjadicafed
by Judges Sawyer and Hoffman in the
United States Circuit Court. district
of California, August 7. 1884, IN ~ All
Qaan, 3 W. G., Rep s6l,l are sound
enunciations OF the Law, and will be fol-
lowed in this district.
Third-Chinese Who are not laborers.
and who we're. on the 9TH of July lass,
or who were OF shall Be afterward out
| Of the United States, not having on said
ssh of July actually started ~ yss.ass 90
come within she United Ststrs, oanuol
nos enter without the vised certificate
Fourth-Chinese residents OF the
uaited States, selling IRON and retara-
ING 90 the United States. on vessel of
the United States. and maintaining
throughout she vuys2e connection with
the vessel a. crew or psssengess, GILL be
deemed 20 be continuously within she
United States.
Les these perseus-Ah We. Al Sing
and Al Ching be taken by the Mar
sssi and removed herefrsu 90 the
provinces Of British Columbia AZ the
cost OF the unitsd StAfez.
Tie Northern Pacific Company hss
luss complslsd hospital al MissoaIA.
which In hy far the best institution of
80 h,..A - st..sr xx4a& xrsfh rtA awa@u-