The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-10-16
THE LAW is VALID
First Ruling ON the Chinese
Exclusion Act.
CONSTITUTIONAL AND CLEAR.
Judge Sawyer sustains the Measure
On Every Point Not an Ex Post
Facto Law. But Repeal of n Treaty
The Chinese Waiting In Port
Must Return.

sAS FKAScIsco. oef. IS-gudre sawye,
announced decision in the United sssfes
circuit court to-day IN the iro test case.
ander the Chinese exclusion act The
court holds that the act is constitutional
and that Its provisions apply 10 Chinese
now IN port or on shipboard; to those ON
the way from China and to those sun ii;
China II Is estimated that this decision
win sseet about 5000 Chinese, as there
are over soscoo return certificates still out,
standing. and II Is believed thsrs are row
500 Chiaanea in their native country who
had lived here before the restriction A.,
was passed aud who, before the passage oi
the exclusion bin. would be entitled to re.
turn 10 this country under the claim Of bf-
ing prior residents.
About coo Chinese have arrived in this
port since the approval Of the exclusion
act and about 20 others are now on The
way from China.
THE LAWS MEANING CLEAR
The decision of the court. which Is VERY
lengthy, declares that the language OF the
act Is clear ana exscg. and capab,e OF bear.
ing but ore construction. L begun Ia
operate from the momert il was approved
BY the president and though the petition.
efs III these cases were ON the hird seas q,
the time the act was approved k never
theiess operates upoa them. The court
iurlher declares there is no specific con.
tract between the United States govern
ment and individual Chinese Iahcrers BY
which the latter should be entitled to -t,.
idrn 70 this country after once departing
nom ~ return certificate Is ROT con
tract, bat only. an Instrument OF evidence
TO establish the identity of person al
ready entitled TO certain privileges under
a compact between the United States an,.
the Chinese government as between thss
two governments
CONGRESS- HAS JURISDICTION.
Treaties, Ike other laws, confer rights
and privileges as long IS they are in force.
and the court holds that the right of can
gress 20 legislate in sneh manner as "a
control and repeal the stipulatiuus Of
treaties has been clearly recognized. An
acF of congress upon q subject within is
legislative power is as binding upon the
courts as a treaty on the same subject.
Both are binsiing, except as the latter one
conflicts ar interferes with the former
So1 AN Elk POST FAcTo Law.
Upon the ether point urged by the eoun-
sci for the Chinese, that the exclusion act
Is unconstitutional on account Of its being
an &c post fact0 law, the court states. ave
do not find any element OF an cr post fdcii
law Ia the act now in question There is
nothing in the nature OF an oilcnse ~ a
Chinaman departing from the country.
and his departure Is not made an ofensc
and there Is nothing ia The nature OF pun
ishment or of Penalty imposed for the act
of having departed from the country. in
providing in the Interest Of the people ui
the United States, under change OF pub
lie policy, that he shall not return. There
is simply a repeal by congress of prior Law
found in stipulation of treaty siih
China"
they would appeal the cases 70 the United
States sunTemc court.