Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-07-24
AN INTERESTING QUESTION.
\ "in' I" he Decided in the Chimes,
Restriction Act.

l ASNAAstiloh Act.
WASHINGTON, July 23i-An iuteresting
lpesuon IN connection with the Chinese
AeSt,ictloh Act comes from San Francisco
partment for decision by the Acting Secrs-
tary of the Navy.
II IS IN connection with the Chinese sery-
ants belonging to the officers of the vessels
wrecked al Apia, Samoa. They are regu-
larly enlisted into the navy, and. as en-
listed men, are allowed TO perform duties
But as thsse officers get throuCh with their
services, can they be discharged from their
service ana allowed to land As enlisted
men they can land and attend TO their
duties, bat as Chinese laborers, which they
become after discharge from the service.
they are restricted from landing.
Acting Secretary Satcheller has offered
no decision and will probably refer the
question 10 the Attorney. General in con-
nection with the New Orleans Chinese case.
Mr.. BatcheileH however, inclines TO the,
opinion that they cannot be DISCHARGED
from service and allowed to land. as he
believes them 10 be Chinese labore-s nure
aud simple, and if the case is tested will so
instruct the Collector at San Francisco.
Attorney General Miller has been en-
gagged this afternoon in hearing Arguments
and making ready his opinion on the case
New Orleans, and who claim the right to
pass through the country 10 San Francisco
as tourists.
Counsel Tweed was at the Department
OF Justice 10 day and presented his argu-
ments in favor of the Chinese. He claimed
that these Chinese were simply tourists go
ing through on their way home, and they
could not be prevented, as they could NOT be
construed as coming under theterus "emi-
grants or iabOrers,' within the mean
ing of the restriction laws.
In support Of his theory he cited the de-
Ciseion of AttOrney-G General Brewster some
years ago, to the same effect and the opin-
ion Ct Solicitor of the Treasury Hepburn,
recently.
He also offered on behalf of the South
ern Pacific Company that the road would
give bond 10 see that the Chinese did not
stop oil en- route if allowed to 20.
The Attorney General said he would in
vesugate the charge, and decide in few
DAYS.
Mr., Tweed, when seen later, was well
pleased. and claimed that the decision
would be favorable to his side of the case.
On the other hand, it is known that the
Attorney-General has but recently ex-
pressed the opinion that he could see no
way whereby the Chinese could be classed
as tourists, or allowed TO even land at New
Orleans.
Acting Secretary of the Treasury r.
Batcheller, when told this afternoon of Mr..
Tweeds prediction, said:
We'll, it may be so, out l will not be-
lieve the Attorney General will decide that
way until be does so. Only a few DAYS ago
| had chat with him on the snbject, and
found that his views agreed with mine ex-
actly. 1t may be, though, that the argu-
ments he has heard may have changed his
views. However, if he decides that this
request can be granted, and that these Chi
nese may pass through the United States as
tourists, then good-by TO the Exclusion
Act. Every coole in China or anywhere
else can pack his bag and under title of
tourist be admitted at any port in the
country.
AS to companies giving a bond, that is
all bosh. In the first place, who can fix
the amount of the bond per capita2 And
again, if the Act is illegal, the Government
has no right to accept q bond"
Treasury officials generally are confident
that the Attorney General will decide that
the request cannot be granted