Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-01-20

protect every citizen of the immunity. he
he ever SO humble. 1t is the hight OF, folly
to talk OF ignoring the Federal Constitu
non. California, ii must be remembered
is but small part OF the nation. If This
ordinance were passed, the first Court
would decide IL TO be unconstitutional on a
writ OF habeas corpus, and from that de-
clslon there would be no appeal. 1t would
never go farther, consequently never reach
the Supreme Court of the United States
The question of their being a nuisance is
the only way in which this evil can be
reached, and to that end am now engaged
III framing an ordinance which in due time
will be submitted to the Board for there
action.
A BELIEVER IN STATES RIGHTS.
The next speaker, Richard NJ. Clarken.
was also one of the lawyers who assisted in
the drafting of the ordinance. He said he
desired the Trustees to disabuse their
minds of the theory that there was a Bur-
llngame treaty or Federal Courts in cues
ton. The individual States have certain
reserved rights that the Federal Courts can
not lake from them, and among those are
TIE rights OF the Legislatures to pass certain
police and sanitary regulations. He re-
viewed at length the discussions In the
constitutional Convention at the time of
the adoption of Article NIX, claiming thatif
was plain, stringent, and that the ordinance
under consideration conformed thereto. II
is not only permissible, but the Constifu-
ton OF the State makes it obligatory mon
every Board of Trustees and Board of Su-
pervisors to remove the Chinese bv inst
such an enactment when they are declared
a pubic nuisance. 1t was with this end in
view that the Anti-Chinese Association a
oody recognized as being composed of rep-
TpSgrltpriva nd IL;
mass meeting assembled, appointed a com
mlitee of legal gentlemen and reputable
physicians 10 draft this ordinance. The
City Attorney admits that it is impossible
10 get at the individual objectionable
Chinaman. This ordinance provides for
the driving out of the entire Chinese popr-
lation, and tie individual must be one of
that number. The passaee Of this orji
nance VII be OF material aid in making a
proper presentation before Congress of the
EVIL we SO long have borne. He claimed it
was the right OF the State to rid itself of TIE
Shlnese curse. Once that we begin as a
state TO surrender our vested rights then
good-by TO all our liberties. That far he
said, am States right man.
iayor Brown (interupting)-Bu our
congressman say they don't want this kind
OF agitation. They continually keep saw
| ing TO us, For Gods sake let M" They
claim that this kind of agitation. instead
OF aiding them, is stumbling block in
their way. In this matter am honest and
sincere. Not long since had the pleasure
OF passing two days in the company of five
California Congressman and one from Mis-
sour; This question was discussed at
length. Morrow said only few DAYS AGO,
Stop such things as are taking place at
Truckee. For Gods sake, stop it. or we will
be unable to do anything" Now. / don't
want by any act of ours to tie the hands of
our representatives in Congress. NV opinion
Is that the passage of this ordinance at this
Tune would be wrong, and would actually
have Just the opposite effect 10 the one
sought to be attained.
MI Clarken-I do not wish to be under
stood to say that it is not against the -Four
teenth Amendment of the Federal Consti-
tuition, nor that it is not in violation of
Article OF the Burlingame treaty. | am
satisfied that the Federal Courts will decide
against it, saying, We very much regret
It, but 1t Is in direct conflict with the Bur
llngame treaty and the Fourteenth Amend
ment." What want is TO have il taken
before the Supreme Court of the United
states, and see if that, the highest judicial
tribunal in the nation, will saw that This
State has no individual right to protect
herself so far as police and sanitary laws