Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-11-14
MORE OF GOVERNOR sToNEMAN's PLAN
The Call saws :

| which, in his opinion, will prevent the landing
of Chinese who have not the proper certificate
| This plan includes the appointment of an Immi-
| grafton Commission with police power and au-
thority of final action in the matter of rejection
OF Chinese passengers not possessing the re-
| quired certificate. Ships bearing Chinese pas
| sengers should be boarded in the stream and
! held in durance until the Chinese passengers
had been sifted. The plan would be i'm
| provement upon our present methods but there
| may be a better one still. That better one may
be to declare that after certain date no Chinese
not belonging to the exempted classes shall
| be allowed to land at all.
Admitting all that, we believe a State
Commission whose judgment should be
conclusive, as in the case in New York,
would be necessary.
The point was well made by Judge
Hager, though we regret to see that he has
manifested some timidity in maintaining
his views, that the Chinese immigrant not
yet landed has gained no right to the bene-
fits of the writ Of habeas corpus. This
view was elaborated by an eminent jurist
writing to the REcoRD-UNIoN, who made
it clear that the writ can not be rightly
invoked to bring one in, where law of the
country is acting to keep him out, for
there is no unlawful restraint of liberty,
nor any restraint at all, for that matter.
But we invite the attention of the Call
to the fact that absolute prohibition would
still need to be fortified by specific Off
cial body with power to enforce it. If its
enforcement is left to the usual machinery
of Courts, the latter will soon be clogged.
1t is not at all adapted to treating the dis
ease in view. What is wanted is to re-
move the whole questionfrom the Courts;
to make it precisely what Colonel Bee
threatens it shall be, Federal issue.
1t has been objected to Governor Stone
mans plan that it will not do, because
writs of habeas corpus will defeat it. This
is a short-sighted view Under a State
Commission, established by Federal au-
thority and license, immigrant vessels
would not be even approachable by great
seal of Court upon a writ of habeas corpus.
That writ can only issue upon a prima
tacie showing under oath, specifically set
ting forth who is imprisoned, why and by
whom, and that it is unlawful restraint of
liberty. How would it be possible for
writs to issue for the unknown? With
shipload of Chinese in mid-channel or,
better still, on distant quarantine grounds,
under sole charge of tribunal constituted
to judge finally of the eligibility and fit
ness to land, by what means could the ras-
cally Chinese brokers and smugglers ply
their business?
The difficulty with the restriction of
Chinese immigration is not with the law
so much as it is with the means employed
for its enforcement. They are too diverse,
elaborate, hair-splitting and tolerant. They
are the methods erected for attainment of
judicial ends among civilized people; their
attempted application to race that does
not recognize their dignity, or respect the
obligations they impose upon conscience, is
incongruous and well-nigh farcical
The Federal Act referred to in all this
debate was passed at the first session of the
Forty-seventh Congress, and will be found
in full in the United States Statutes at
Large for 1SSl-2-3. 1t provides that the
Secretary of the Treasury may contract
with any State immigration Commission
for the enforcement of the immigration
laws and the collection of the passenger
tax. 1t declares that there shall be ex-
cluded lunatics, convicts, idiots, etc, and
those likely to become charge upon the
State
Now, let us suppose that this Act were
amended so as to include among the pro-
scribed classes those ineligible to become
citizens, and those prohibited according to
the terms of the Restriction Act In Cali
fornia native Cinnamon are ineligible to
exercise the privileges of electors. The
State may set up an immigration Commits
sion, capable of acting by consent of the
Secretary of the Treasury under the Act
we have referred to, as is done at the port
of New York. 1t becomes at once appa-
rent, that in the hands of such a Commits
sion the Restriction Act could be made eff
fective. The immigrant ships stopped
short of the dock would be guarded by the
Commissioners boats until an examination
satisfied the officers that there were none
on board of those not entitled, under the
laws, to land, when the ship would be per-
mitted to dock. Should those of the ex-
Guided class be found, the Commission
would take charge of them and provide for
their return, and not only refuse them a
foothold upon these shores, but cut off all
communication with them while here. In
short, the Commission would execute the
law in its spirit and intent. Nor would
there be any grave likelihood of injustice
being done
Such Commission would be erected by
the Legislature of the State, and its duties
and powers clearly defined These should
be in the spirit of the Article XIX. of the
State Constitution, which declares:
The Legislature shall prescribe all necessary
regulations for the protection of the State, and
the counties, cities and towns thereof, from the
burdens and evils arising from the presence of
aliens who are or who may become vagrants
laupers, mendicants. criminals or inyalids af
| ticted with contagious or infectious diseases,
ana from aliens otherwise dangerous or detri-
mental to the we,l-being or peace of the State
The presence of foreigners ineligible
TO become citizens of the United States is de-
clared to be dangerous TO the well-beng of the
State, and the Legislature shall discourage their
immigration by all the means within its power.
We submit that there is such merit in
! the plan of the Governor that II sbould
command the attention of the Congress
sional delegation which proposes to amend
the Restriction Act so as TO fix the maxi
mum of Chinese passengers any one ship
may bring at one time There is no OBJ
| lection to that provision. Rut If ii Is nro-