Los Angeles daily herald., 1889-03-28

cidl. and the following year ne acquired
a small interest in the paper.
When the Commercial combined
with the Gaeette, the Cincinnati
Commercial Gazette Immediately became
the recognized organ of the Ohio Repub-
licans. Mr. Halstead has fine pres
ence, a genial manner and immense en-
ergy, He has always been Republican
of very pronounced type.
REPUBLICAN, SENATORS IN CAUCUS.
The Republican Senators held we'll
attended caucus to-day, prior to the
meeting OF the Senate. The subject
under consideration was with reference
to putting all the clerks on the annual
lists, payment to be made cut of the con-
tingent fund. There was general sem
timent in favor of doing this, but the
question of its legality being raised, no
conclusion was reached. 1t is inferred
from what WAS said that legal doubt
would be sufficient to defeat the scheme,
although that is not absolutely certain.
Another question was, "Shall Senator
Coke's speech on the Southern election
outrages be answered" The conclu-
sion, while not formally expressed, was
that there should be no further discus
sion of the subject at this session.
After adjournment OF the Senate the
caucus resumed its sitting and decided
that the employment of clerks which
would result in an overdraft upon the
contingent fund was illegal, and there
fore the scheme to make all the com.
mittee clerks annual clerks will fail.
A resolution was adopted, however, to
give Senator Vance OF North Carolina a
personal clerk. He has lost one eye and
the sight of the other is failing, and his
Republican colleagues deemed it ouly
just that he should be spared the neces-
sity of using his remaining eye to con-
duct his official correspondence. It was
also finally decided not to continue the
debate on the Southern election out
RACES. The general opinion, SO far as
expressed, was that the Senate might
reasonably expect to be able to adjourn
on Wednesday or Thursday of next
week.
TANNER TAKES OFFICE.
Corporal James Tanner to-day took the
prescribed oath of office, and entered
upon his duties as Commissioner of Pen
sions. His only appointment to-day was
that of George B. Squires, of Brooklyn,
rs his confidential secretary.
THE CHINESE TEST CASE.
There being no quorum present when
the Supreme Court met to-day, an ad-
iournment was taken until tomorrow.
Should quorum be in attendance then,
the Court will Immediately proceed to
the hearing of arguments in the case Of
Chae Chan Ping, appellant, vs. the
United States,
This involves the constitutionality OF
the Scott Exclusion Act, approved by the
President October 1, 1888. The facts in
the case as set forth in the statement of
counsel for the appellant upon motion
to advance the case for argument are as
follows: Appellant is Chinese laborer,
and a subject of China, and departed
from the United States for Cuba on June
2, 1887. Before doing so, he applied to
and obtained from the Collector of the
Port of San Francisco the return certif-
cate required by Section of the Chinese
Restriction Act of May 6, 1882. as
amended July ), 1884. He returned to
the United States on October Z, 1883,
and presented the certificate to the Col
lector and claimed the right to land
hereunder, but permission was refused
by the Collector on the sole ground that,
under the provisions of the act commonly
known as the Scott Exclusion Act OF
October l 1888, the certificate presented
by appellant had been declared void and
of no effect. He sued out writ of
habeas corpus in the United States Cir
cult Court, and after 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 the case is whether
that portion of the act of October l, 1888,
declaring the laborer's Certificate void
and of no effect is valid and constitu-
tional. AS will be perceived, they say
that this proposition involves questions
of both national and international im-
portance. Counsel further contend that
laborers who departed from the United
States with these return certificates were
guaranteed by the treaty between the
United States and China of November
II, 1880, and the act of May
|6, 1882, the right to go and
come; and, without warning or
notice, this treaty is virtually abrogated
and vested rights acquired hereunder
are entirely swept away. The faith and
honor of the government, they say, is
also involved in the case now before the
court. These certificates contain, upon
their face, promise on
that the holders thereof shall,
upon presentation of certificates be on
titled to return and re-enter the United
States. If the act is unconstitutional,
counsel says that speedy determination
of this case should be had, so that these
laborers may return aud avail themselves
of the rights and privileges guaranteed to
them by treaty and the act Of 1882. and
if the act is valid, it is just as necessary
it should be determined Immediately, so
that those who have acquired property
interests here, may make some means of
protecting those interests. Ex-Governor
Hoadley of Ohio, and Amos G. Carter of
New York, will present the case for the
appellant before the Court, and Solicitor
General jerks will appear for the Gov
eminent. ]. f. Swift, recently confirmed
as Minister to Japan, Attorney General
johnson of California, and s. M. White
of California, will also be present to
look after the interests OF the State OF
California in the case.
TRACY CONSIDERING PENALTIES.
Secretary Tracy has ordered the ninth
payment to be made on account of the
Petrel, the small gunboat now being con-
or tod Dal El,nE 81 ~