The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-11
I SMELLS TO HEAVEN.
Jnutterable Filth and denominations
Of the Chinese Quarter Of
Frisco.
So Far Efforts to Remove the
Plague Spot Have Been
Futile.
fudge Sawyer Vigorous Decision in Favor
Of the Observation-Disclosures Ordi-
nance Presented.

SAN Francisco, Oct. 1.-THE long con
inued vail against Chinatown is at las
aving its effect, and San Francisco is max
ng vigorous efforts to rid itself of the set
lement and all it's Objectionable features
FOR the second time IN six months th,
GARD of supervisors has before it an ordi-
lance introduced by Henry Bingham to re-
move the Monaghan quarter to the out
kirts of the city, and the supporters of thu
aeasure have settled down for determined
ght. The sentiment of the public is with
hem, but the United States court is against
hem.
The first ordinance having for it's pur.
ose the removal of Chinatown was passed
ISIS than year ago, and test case was
AIKEN before the police court, which upheld
be law asvalid. Chinese coin and Chinese
lfluence were brought to bear, and the case
as appealed to the United States court,
'hich has for years showed decided lean
lg toward the Chinese. On the fimsiest
violence it has practically annulled the pro-
isions of all restriction acts ever passed by
ongress, and even with the exclusion act in
orce it is an everyday occurrence to see
hinese landed here through habeas corpus
roceedings. When tn Bingham law was
efore Judge Sawyer he pounced upon it
it'll unusual vigor, his decision not
My killed it. but left the matter of franz
" a new ordinance a very difficult task.
deciding the case Judge Sawyer said:
1.-The discrimination against Chinese
nd the gross inequality of the operations
pom Chinese of this ordinance, in VIOLA
on of the constitutional treaty and statu-
Dry provisions cited, is SO manifest upon
face that am unable to comprehend
ow this discrimination and inequality of
pplication and the consequent violation of
'eaties and statutes Of the United States
le mind Of every person, be he lawyer or
.yman. \ = The obvious purpose of
lis order is to forcibly drive out whole
Immunity Of 10000 people, old and young.
lale and female, citizens of the United
tates born on the soil, and foreigners,
srent, and without respect to the circum-
,ances or condition, from whole section
{ the city, mercantile, manufacturing and
therwise, for more than forty years.
tany of them were born there, in their
wn houses and are citizens of the United
tates, entitled to all rights and privileges
nder the constitution and laws of the
cher citizens.
"They, without distinction or exception,
e to leave their homes and property, occu-
ed for nearly half century, and go
Their out of the city and county, or to a
,rtain section not owned by them or the
ty. This. besides being discrirni-
,ting against them and unequal in it's op-
alton upon them and others, is simply
arbitrary contiscation of their homes
I'd property, a depriving of it without due
ocess or any process of law, and what
tile there would be left after abandoning
cir homes and various places of business
ould again be confscated in compulsorily
em, and which they do not own upon
ch exorbitant terms as the present
vners would certainly impose. 1t must be
lat or nothing. There would be no room
n freedom of action in buying again,
hey would be compelled to take any lands
h any terms arbitrarily imposed, or get
ltside the city and county Of San Fran
SEQ.
"That this ordinance is direct violation
not only the express provisions of the
institution in many particulars, and of
Q express provisions of our several treat
. with China, and of the statutes of the
nited States, is so obvious that shall not
lste more time or words in discussing it.
, any reasonable, intelligent, and we'll
danced mind discussion or argument
ould be wholly unnecessary or supertiu-
is. To those minds which are so consti-
ted that the validity of the ordinance is
bt apparent upon inspection, discussion or
gument would be useless. The authority
pass this order is not within any legiti-
ate police power of the state.
"Let the order be adiudged to be void, az
ing in direct conflict with the Constitu-
IN and treaties and statutes of the United
ates. and let the petitioners be dis
arged.''
This rule was disheartening to Bingham
I'd his friends. but they lost no time in
acing before the board of supervisors
" measure which they believe contains
fhciently fOrcible provisions to remove
Q extremely obnoxious Cinnamon and
eak up the filthy settlement that defaces
business quarter of the city, and vet
II not clash with the views of the United
ates courts regarding the rights of
linese.
It sets forth that it shall .'be unlawful for
y Asiatic, commonly called Chinese or
linamen, or any foreigner ineligible to be-
me citizen of the United States, to re-
ie or carry on business within the limits
the city and county of San Francisco
cept IN that portion of said citv and
unity designated by the audience, which |
is apart lots in South San Francisco in
Q neighborhood of the slaughter. houses
this purpose. The order does not apply,
viewer, to any Subject of the emperor Of
INA residing hero who may be attached to !
Chinese consulate. legation, or embassy, |
any person in the diplomatic or consular
vice of the emperor of China, or any of |!
cir servants, employees, or attaches, or to |
person born in the United States Of |
nerica; or to any merchant, manufact-
or, farmer, or other person who has be-
me such, or acquired property in this city |
county by virtue of the Opera ton of |
.aties between the United States and
ina.
supervisor Bingham, who is thoroughly
earnest in this matter, says the test Cass
II be carried to the United States court, |;
d from there to the supreme court. If |
3 law is declared invalid another will be I
.med, and he will not consider himself |
aten until every effort is exhausted.
The necessity for some strong measures to
rify the district occupied by Chinatown
without question. imperative from a
pitary point of view, if nothing else. As
Chinese live in this city they are prob
ly the flthiest foreigners in America.
Iirty-five thousand of them live, eat and
ep in the ramshackle buildings which
yer territory six blocks long and ten
de. and more than half this space is oc-
pied by shops, factories and eating
uses. such thing as bed is unknown
the place. The men sleep two in q bunk,
there are two or three hunks to each
pm scarcely six feet square. These are
lally located in Easements and arranged
Ing narrow corridors not high enough for
Thlte man to stand erect in. Not only
8, but when IL hunks ara vacated in the
|rniug another relay of Cinnamon stand
dy to turn in for their share of rest
a the fumes of opium and bad tobacco,
XiterallV thick The onlv ventilation, Il, |