The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-03-28
THE SCOTT EXCLUSION ACT.
synopsis Of an Important Case BEFORE the
United states supreme Court.

synopsis Of am Important Case Before the
United states supreme Court.
WASHINGTON, March S6.-There being
no quorum present when the supreme
court met to-day. an adjournment was
taken until tomorrow. Should quorum
be In attendance then the court will I'M
mediAtely proceed TO the hearing OF argu-
ments In the case Of Chae Chan Ping, APP
pellant vs.. the United States. This case
involves the constitutlonality OF the Scott
exclusion act, approved by the president
Oct I. 1883 The facts In the case as
set forth In the statement Of
the counsel for the appellant upon motion
70 advance the case for argument are as
follows: The appellant Is a Chinese labor
er and subject of China. and departed
I from the United States for China June 2,
1881. Before doing so he applied for and
| obtained from the collector OF the port OF
| San Francisco the return certificate re-
| Quired by section Of the Chinese restric-
! tlon act OF May 9, 1882, as amended July s,
1884 lie returned 10 the unitod States
October 7, 1883, and presented his certih-
| cate 10 the collector and claimed the
| rieht 10 land hereunder, but permls-
sl0f was refused by the collector
on The sole ground that under the proyis-
Ions OF the act commonly known as the
Scott exclusion act OF October I, 1888, the
certificate presented by the appellent had
been declared void and Of no effect lie
sued out "a writ OF habeas corpus In the
| United States circuit court and after the
hearing the court ordered the appellant re-
manded 10 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 demand he has
appealed 10 this court The counsel for
TIE appellant contend that the question In
| yOlyed In this case Is whether that portion
of the act OF Oct. 4, 1883, declaring laborers'
certificates void and of no effect IL valid and
constitutional. AS will be perceived, this
proposition involves question Of both ma
tlonal and International Importance.
The counsel further contend that
the laborers who departed from the
| United States with these return certificates
were guaranteed by the treaty between
4 the United States and China OF Nov. ~,
1880, and the act Of May q, 1852, the right
TO go and come, and without warning or
notice this treaty Is virtually sbrogated
and The vested rights acquired hereunder
are entirely swept away. The faith and
honor OF the government they say, rs also
involved In the case now before the court
These certificates contain upon their face
promise on the part Of the government
that the holders thereof shall upon presen-
tafion OF the certificates be entitled
TO return and re-eDter the United Stafs. IL
| the act Is unconstitutional, counsel say IL Is
necessary q speedy determination OF this
case should be had, 30 that the laborers
may return and avail themselves Of the
rights and privileges given TO them by the
treaty and act OF 1889; and II the act Is
valid, IL is Just as necessary IL should be SO
determined Immediately. 80 those who
have acquired property interests here may
take some means OF protecting those inter
| esfs.
| Ex Governor Hoadley. OF Ohio, and
James Q. Carter, Of New York, will rep
resent the case for the appellant before the
court and Solicitor-tieneral jerks will ap-
pear for the government j. II. Swift re-
j Gently confirmed as minister 10 Japan, At.
l torney-G General johnson, OF California, and
S. NJ. White. OF California, will also be
present 10 look after the interests OF the
state OF California In the case.