The morning news., 1888-10-16
CHINESE AT THE DOOR.
Efforts to Gain Entrance into the Cour
try Prove Futile.

try Prove Futile.
NIAGARA FALLS, Oct. 15-Four China
men continue to be wards of the Grand
Trunk railway, sleeping on the floor in the
general waiting room of the station. They
have written and received several letters
since their arrival here a week ago. The
Grand Trunk authorities have done every
thing in their power to get them access
from there and to their destination, even
communicating with the authorities at
Washington. Each time a reply has come
that they cannot be allowed to enter tho
country.
TO BE AN INTERNATIONAL QUESTION.
All Sing, the most representative and best
educated one of the party, received a
Chinese letter from a friend in Chicago on
Friday last advising him to communicate
with the Chinese ambassador at Washing
ton, stating fully the cause of their de-
tention, which he has done. No doubt
the matter will become an international
question between China and the United
States. The feeling here is that the Canadian
government should object to Canada being
made dumping ground for the Chinese
pauper population of the United States,
made paupers by the United States author
tiles not allowing them to return to their
places Of business and work.
JUDGE SAWYER'S DECISION.
SAN FRANCISCO, Oct. 15.-Judge Sawyer
announced his decision in the United States
circuit court to-day in two cases
under the Chinese exclusion act. The
court holds that the act is con-
stitutional. and that its provisions ap-
ply to Chinese now in port, on shipboard,
to those on the way from China and to
those still in China. 1t is estimated that
this decision will affect about IS, 600 Chinese,
as there are over $4,000 return certificates
still outstanding, and it is believed
there are now about s, 1000 Cinnamon in the
country who had lived here before the re-
striction act WAS passed, and who, before
the passage of the exclusion bill, would have
been entitled to have entered Ehs
country under the claim of being "prior
residents" About 600 Chinese have ar
rived in this port since the approval of the
exclusion act and about 700 others are now
on their way from China.
DECLARATIONS OF THE DECISION.
The decision of the court, which is very
long, declares that the language of the act
is clear and capable of bearing but one con-
struction. 1t begins TO operate from the
moment it was approved by the President,
and though the petitioners in these cases
were upon the high seas at the time the act
was approved, it nevertheless operates
upon them. The court further de-
clares that there is no specific con
tract between the United States gov
ernment and individual Chinese laborers
by which the latter should be entitled to re-
turn to this country after once departing
from it. A return certificate is not O CON
tract, but only an instrument of evldence
to establish the identity of party already
entitled to certain privileges under a com
pact between the United States and Chinese
governments between two pOyernmant
treaties, like other laws, that confer rights
and privileges as long as they are
in force; and the court holds that the right
of congress to legisate in such a manner as
to control and repeat the stipulations of
treaties has been clearly recognized.
FORCE OF A CONGRESSIONAL ACT.
An act of congress upon a subject within
its legislative power is as binding upon the
courts as a treaty on the same subject;
both are binding except rs the latter one
conflicts or interferes with the
former. Upon the other point
urged by the counsel for the Chinese that
the restriction act is unconstitutional on
account Of its being eD post Tdcto law, the
court states: I'VE do not find any element
of er post fdcto in the law now in question.
There is simply repeal by congress of a
prior law found in the stipulations of the
treaty with China" The counsel for the
Chinese gave notice that they would appeal
the cases to the United States supreme
court.