Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-07-26
WASHINGTON CULLINGS.
Secretary Window Promul5ates the
Recent Chinese Ruling.
THE PENSION OFFICE MATER.
Building Cruisers The Maine to
Have a Steel Armor-Dis-
charged Sailors.
MILLER,s CHINESE RULING.

ESPECIAL DISPATCHES TO THE RECORD UNION
MILLER'S CHINESE RULING.
Secretary Window Endorses the Ruling,
and Explains His Action.
WAsHINGToN, July 25th.-As to The At
torney- Generals opinion permitting Chi
nese now at New Orleans to cross the
country, which was given yesterday, lead
ing Treasury officials believe that Secretary
Window will pay no attention 10 it. 1t is
not binding. and is simply the opinion OF
one man. The Secretary of the Treasury
is held responsible for carrying out the Re-
striction Act and the exclusion of the Chi
nese, and it is said that it would not be
good judgment on his part to allow the
Chinese to enter this country under the
guise of tourists. Were they to be allowed
to do so the only safeguard the department
could adoptto prevent their stopping Oft en-
route would be to detail one or more spe-
cial agents to guard them through the
country, and this would take an additional
appropriation of at least 500, 600 annually,
and then still there would be risk, for the
Chinese are hard to distinguish in crowds.
AS Secretary Window did not approve So
Gcitor Hepburn's opinion some time ago,
it is confidently believed he will take the
same action on the Acknowledgements de-
cision, which is to the same effect.
No permission has been given to the Col
lector at New Orleans to release the twelve
Chinese there, and it is believed at the de-
partment that none will be given. Secre-
tary Window is expected back to-day, and
will probably act at once.
Solicitor Hepburn, to whom the question
whether a Chinese enlisted in the United
States naval service and in duty on board
the wrecked vessels at Samoa was entitled
to land IN the United States was referred, is
of the opinion that there is nothing in the
Chinese Exclusion Act to prohibit the land
ing in the United States of such Chinese,
even if their term of service had terminated
on their arrival at San Francisco. The
Solicitor considers that as these men formed
part of the working outfit of the vessels
they are exempted from the operations OF
the Exclusion Act
WINDOW TAKES IMMEDIATE ACTION.
WASHINGTON. July 25th-Secretary Win
dom returned to-day, and, contrary to ex-
pectations, he at once confirmed and pro-
mulgated the opinion of the Attorney-G Gen.
eral as to Chinese being allowed to pass
through the United States as tourists The
Collector at New Orleans was at once in
structed to allow those detained there to
proceed on their way, presenting through
limited tickets to San Francisco, no stop
offs being allowed. At present it cannot be
ascertained whether the department will
adopt suitable regulations or not more
than to see that the Chinse have through
tickets from port to port.
IEDoRsING MILLERs RULING.
WASHINGTON, July 25th.-Secretary Win
dom was seen by the California Associated
Press reporter and asked his reasons for
confirming the opinion of Attorney. Gen
eral Miller.
"Well,'' he replied, 81 could see no other
way out of it. The Attorney General not
only confirmed the opinion of ex-Attorney-
General Brewster in 1882 but that of So
licitor of the Treasury Hepburn short
time since. He also decided that the Scott
Exclusion Act did not cover Chinese as
tourists, ana in the face of these eminent
legal authorities | could not do otherwise
Beside, | was assured from number OF
reliable sources that Chinese had been al
lowed to go through the country as tourists
from San Francisco, New York and other
points, and very successfully, not single
case being reported of one OF them taking
advantage of this privilege and stopping of
en- route"
Mr.. Secretary, what precautions will
you now take to prevent their stopping of
en- route ?" was asked.
Simply to reiterate the Departments
circular of 1888 on the same subject; and
If that should not be sufficient, shall
adopt more stringent Ones"
The circular mentioned by the Secretary
is dated January %, 1888, is signed by Sec.
rotary Folger. and is as follows:
To Collectors OF Customs and o hers: The Attor
ney-General in an opinion of December 26, 1892
addressed to the Secretary of State, has decided
that Oh nese labOrers in transit merely across
the territory OF the United States in the course
OF their journey TO or from other countries are
neither emigrants nor Chinese coming to the
United States as laborers within the language OF
the treaty OF November L. 1850, or the Act Of
May 6, 1882: and further, that it is not incum
bent upon such passengers TO produce the Ger
tifcates of identification prescribed by Sections
and OF that act, provided that by competent
proof they may otherwise establish their tran
sient status. The Department of State has trans
mitted the opinion of the Attorney General tC
THIS Department with its appreciation. Treas
ury decision No. 5,SlS, dated July DO 1882 i,
therefore revoked and the following reguls
tions are adopted by this Department TO carr,
into effect the more recent opinion of the Attor
ney-GeneTal and the views of the Department o
state:
l. Where Chinese Consul resides at the por
OF landing or entrance into the United States b,
any Chinese laborer claiming TO be merely il
tIdLSll the oil Inc United States
IN the course OF u journey TO or from other coun
tries, certificate of such Chinese Consul iden
Trying the bearer by name, hight age etc s,
lar as practicable, and showing the place ant
date OF such arrival, the place at which he is 4
leave the United States, the date when the Jour
ney is TO begin. and that it is to be continuou
and direct, shall be accepted as primd fdcj
evidence, and such certificate shall be requeste,
in all cases where a Chinese Consul resides a
such port.
>. In the absence of such certificate. or othe
competent evidence 10 show the identity of tn
person and the fact that bona fde transit onl
is Intended may be received. The production
of through ticket across the whole of the ter
ntofy OF the United States intended to be trav
ersed may be received as competent proof an,
should be exhibited TO the Collector and yeri
fed by him. such tickets and all other evi
dence presented must be so stamped or marke,
ana dated by the customs othcers as TO proven
their use the second time.
3. In the case OF a number of Chinese bein
transported in a body under charge of agents O
others the affidavit of such agent or others il
charge, with proof satisfactory 10 the Collecto
that such laborers will be conveyed without de
lay across the territory of the United States AM
delivered ON board a ship or into foreign terri
tory, may be received in lieu of the tickets re
quired IN the for going regulation.
1. Descriptive lists OF ali such Chinese will b.
prepared in duplicate ard presented 10 the Col
lecIor OF Customs. substantially in the form
mentioned in the circular of May 1s, 1882 Tsyn
opsis 5,2Sl |. ana showing in addition the plac
aud date of tue arrival and the place and dat
of the intended departure, and, when practica
bic. the route to be Travelled. One copy will b.
retained on the files of his Office, and one vii
be forwarded by mail TO the Collector of Gus
toms at the port of exit, who will take pains 4
see that the passengers duly leave the Unite,
States. IL they do not he will report the fac
TO this Department. one list may be made 4
include all the Chinese transported at one time
and each list should be properly dated, signe,
and sealed by the Collector or deputy. Wher
cons derable numbers of Chinese intend &
travel from the port OF entrance TO the port O
exit, under charge of an agent, as before men
toned il will be sufficient to have included il
the descriptive list 10 be mailed to the Jollecto
at the port OF exit the number OF persons VIII
are 10 so forward. the name of the agent Il
change, and the route by which they are :
travel.
Many Treasury officials, including Act
ing Secretary Batcheller, believe that III
adoption of the opinion means the VIRUS
repesl of the exclusion laws. They ADM
that the safeguards established BY the cir
GUAR of January, 1888. are but fiimsy a
best. and that The coolies can manage Il
come 10 this country under tourists char
acter, and remain when they are in.
Mr. Baichelier believes that the onI
safeguard that the country can now hay
would be The detailing of special Treasur
agents to accompany each party of coolie
from the time they enter the country unit
their departure This would mean an e1
pense of probably $1Oo, 600 annually.
Among the politicians to night The ma
ter is being discussed, and fears are felt 8
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