The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-02-14
y Important Decisions.
JUNG All LUNG CASE.

Important Decistones
JUNG All LUNG CASE.
WAsHINGToN, February 13.-A decision
of particular interest and importance to
California. was rendered by the United
States Supreme Court to-day, in the
Chinese immigrant case of the United
States against Jung All Lung. Lung,
appellee was Chinese laborer who re-
sided in the United States on November
18th, 1880, and who continued to reside
there until October Oath, 1888. He then
left San Francisco for China, taking
with him certificate OF Identification,
issued to him by the collector OF that
port, in the form required by the fourth
section of the Act of May 9Th. 1882,
chapter 122 (22, stat 58.) This certi-
and remained outstanding and un-
cancelled. Upon returning from China
to San Francisco by vessel, Jung All
Lung was not allowed to land by the
collector, for want of certificate, and
was detained In custody in the port by
the master of the vessel by the direc.
ton of the customs authorities. On
writ of hahe0s corpus, issued by the
district court of the United States, it
appeared that he correspondent In all
respects with the description contained
in the registration books OF the custom
house, of the person to whom the certi-
ficate was issued.
He was therefore discharged from
custody, and the order of discharge was
affirmed by the Circuit Court. This
Court, in an opinion delivered by JUS
tice Blatchford. holds:
First-That Jung All Lung was in
custody under or by color of authority
of the United States, and the district
court had Jurisdiction to issue the writ.
!Sscond-rh That the jurisdiction of the
court was not affected by the fact that
the collector had passed on the ques
ton of allowing the person to land, or
by the fact that the treaty provides for
diplomatic action in case of hardship.
Third That the case of Jung All
Lung was not to be adjusted under the
provisions of the act Of July 5, 1881,
chapter 220 (25, statute ll5) where they
differed from those of the act OF 1857.
| FOurth-That in view of the provl-
sions of section 4. of the act Of 1882, IN
regard to a Chinese laborer arriving by
sea as distinguished from those OF sec
ton II of the same act, in regard to one
arriving by land.
The district court was authorized to
receive the evidence it did In regard to
the indemnity of Jung All Lung and on
the facts it was bound to discharge him
from custody. The judgement of the
circuit court is therefore affirmed.
Justices Harlow. Field and LANAI
dissented from the opinion of the court
ANOTHER CHINESE CASE.
Decision was also rendered in the cas'
of the United States against the Brit
ish steamer StrathGirly, which is also 1
Chinese immigration case from Cali
fornia. This was suit in the
nature of libel in rem agains
the British steamer to recover abou
$25 900 in penalties, for alleged violation
of certain United States statutes whici
prescribe the number of Chinese immi
grants that shall be carried by steamer
of certain sizes, accommodations tina
such immigrants shall have on board
the vessel, and the delivery of tru,
list of such passengers to the collecto
of customs in San Francisco. Defend
ant in the court below took exception:
to libel, on the ground that the facts Sc
forth in it were net sufficient to create
lien on the vessel under any law il
the United States. The court sustained
the exceptions and dismissed the bill.
This court, however. in an opinion b,
Justice Matthews, holds that the libe
does set forth sufficient cause 10
action, and entities the United States
upon proof of facts. to recover unde
first and second courts, but that it mus
be dismissed as to the third. The de
cree of the Circuit Court is therefor
reversed, and the case is remandec
with directions to take further pro
ceedings in accordance with the court
opinion.