Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-03-30
THE CHINESE EXCLUSION ACT.
The Scott Bill TO. Come Before the u. g. SUI
. preme Court-The Points.

The Scott Bill to- Come Before the u. g. Su
| preme Court-The Points.
WAsHINeroN, March 27.-There being M
quorum present when the Supreme Court
met, to-day, an adjournment was taker
until tomorrow. Should q quorum be il
attendance then. the court will proceed te
q hearing Of the arguments OF the case o.
Chae Chain Ping, appellant, VS.. United
States. This case involves the constitu.
tionality of the Scott exclusion act, an.
proved by the President October LIST, 1883.
The facts in the case, as set forth in the
statement OF the counsel for the appellant
upon motion to advance the case for
argument, are as follows:
The appellant is q Chinese laborer and a
subject OF China, and departed from the
United States on June I'd, 1887. Before
doing so he applied to and obtained from
the collector of the port at San Francisco,
return certificate, required by section
iour OF the Chinese restriction act OF May
9Th, 1882, as amended July 5th, 1884. He
returned to the United States on October
7th, 1888, and presented the certificate to
the collector and claimed right to land
Hereunder; but permission was refused by
the collector on the sole ground that, un.
der the provision OF the act commonly
known as the Scott exclusion act OF Octo-
Der 1st, 1888, the certificate presented by
the appellant had been declared void and
OF no effect. He sued out a writ OF habeas
corpus in the United States circuit court,
and after q hearing the court
ORDERED THE APPELLANT REMANDED
to the custody from which he had been
taken. This custody was the captain of
the ship which had brought him back to
the United States.
From that judgment OF remand he has
appealed to this court.
Counsel for appellant contend that the
question involved in this case, whether
that portion OF the act of October 1, 1888,
declaring laborer's certificate void and
OF no effect, is valid. Az will be perceived,
they say this proposition involves a cues.
tion OF both national and international
Importance. Counsel further contend
that the laborers who departed
from the United States with these return
certificates were guaranteed by the treaty |
between the United States and China of
November 18th 1880, and the act of May
6th, 1882. The right to go and come, and |
without warning or notice this treaty is |
virtually abrogated and vested rights re-
luired hereunder are entirely swept away. |
The faith and honor OF the Government, |
hey say, is also involved in the case now |
before the court. These csrtifica tes con.
'ain upon their face promise on the part |
IT the Government that the holders there.
'f snail, upon presentation of the certifi- /
ates, be entitled to return and re.enter
;he United States.
II THE ACT Is UNCONSTITUTIONAL
onsul say it 10 necessary that a speedy
Of this case should be had
% that the laborsrs may return and avail
themselves OF the rights and privileged
to them by the treaty and thel
'ct OF 1889, and ii the act is valid, it Is
ust as necessary that it should be 80 de-
ermined Immediately, so that those who
ave acquired property interests here may /
AXE some means OF protecting those in.
erests.
Ex-Governor Hoadley, of Ohio, and
ames Carter, OF New York, will represent
he case for the appellant before the court,
md Solicitor General jerks. will appear
Dr. the government, J. F. Swift, recently
onfrmed as Minister to Japan, Attorney
leneral johnson. OF California, and s. M.
White, OF California, will also be present to
box after the interests OF the State of Cali.
lrnia in the case. l.