The Hawaiian gazette., 1890-04-01

Sni on behalf Of Chung Wa9, vs.. iona
Austin. Minister OF Foreign Affairs.
Hearing February -. 1890.
A perSon born OF Chinese parents,
nSruralired in this Kingdom as Ha-
wAiiAn subject, can return 70 this King
dom from China and land in this King
dom though not possessed OF the permit
10 enter required OF all Chinese by the
Act Of December 20, 1857, entitled AN
Act 70 Restrict Chinese immigration.
A subject OF this Kingdom cannot be eN-
cluied from il except Is 8 punishment
Tor crime.
OPINION OF JUDD, {. =
This Is $ bill for an injunction TO re
strain the Minister o; Foreign Affairs OF
this Kingdom from hindering and pre-
venting one Chung NaS, who = now IN
China. from returning 10 and landing IN
the Hawaiian Kingdom.
The bill alleges that ne Is 4 Hawaiian
subject duly uSJuralEed under the lawsoi
this kingdom or the 18th day OF August,
lSSo. thzr ne has departed TINS country
on s visit 70 China. IN the discharge OF
MS necessary business and desires anu
expects 70 speedily return 10 this King
dom that the respondent i Minister OF
Foreign Affairs and IS such threatens
and declares that he viii not permit the
petitioner % return and land in this
kiusiom. and VIII hinder and prevent
him from - rs-uruiug aud landing unless
he. the said Chung Waa, shall possess a
permit 70 return 70 this Kingdom and
shall furnish 20 the respondent two pho
tc-raphs Of himself, pay lee q rve dol
larS and comply with other yeNatlonS
ana oppressive requirements contrary 70
his rights - s Hawaiian subject; and
thzr lie has no such permit.
The answer admits that respondent has
refused 90 allow the said Chung Naa 70
enter this Kingdom unless he snail pos
49, 3 passport o. permit, ont denies that
sad refusal i contrary 10 his rights and
priv .e.es. aui that he : not entitled 70
enter This Kingdom without such permit
By rHE COURT.
or the bearing It was proved that
Chuu- Waa, 3 person born Of Chinese
parents iu China, sitter long residence
IN This Kingdom. was duly na.ura.iZei
- q citizen % Hawaii on the l9-h
Ac-us-- 1886. and LETT for China for
visit d .ew months ago. having declined
- comply with the regulations made by
the Cabinet a. prerHE L-sI-e % obtain
inz q permit 20 enter tins Kingdom.
Tie regulations require that the ''ap-
pL5ez--cu 1f 3 Chinese resident % enter
TINS Kingdom snail BE- accompanied by
the applicants receipt for taxes for the
current wear his passenger ticket; ms
Custom house passport, duplicate copies
o. photographs showing LuL face ami
p-o1-e views OF the applicant and lee
81 I'VE dollars"
and such applicant shall make It
APPEAR % the satisfaction Of the Minister
q Foreign Affairs that he has resided
within the Kingdom for TWO years, ana
that he : not = -vaZraut, criminal, pro
fa>s-1laL 6eZgar. user OF opium or one
likely 60 be . charge upon the country
These regulations are made In pursuance
O. the authority granted 10 the Minister
Of E1-el-u Affairs By Section = u An
Act 10 regulate Chinese lmmi grafton,
approved December -. lSS7. This Act
f5rhits the landing Of any Chinese AZ
auv part u this Kingdom unless prUyId-
ei with permits 70 enter the Kingdom
issued 1v r1e Minister Of Foreign Affairs
under and subject % the regulations
j have had some difficulty regarding
the pr0prlsty d this application, Il being
for an Injunction % restrain the Minister
o. Foreign Affairs from preventing the
petitioner IRON landing IN this Kingdom
without the permit. f1r L does not ap-
pear he has arrived OF one O- our ports
and -JE seeks admission, but On the
c01trary. the applicant l. still IN China,
and tJr 81 that appears ne may remain
there and presumably VIII continue 70
renain there unless be L assured that
he may land IN this Kingdom. When
be does seek admission, the Minister
nav change his mind and allow him %
enter without , permit But no ObIec-
tiCn : made by respondent 70 the apple
abilI-v u the relief sought bE Injunction
and I infer that Al authoritative con-
s-ruc-l1u q the law L sought by the
Government - well as by the petitioner
I therefore treat the case Is Il Chung
Wa had arrived of this port, was pre-
vented iron landing, being without the
permit required by the Act, and that
wit q hzbe1s corpus was applied for On
his behalf
The question presented Is = narrow
one: Has the Legislature : right % pre-
vent : citizen Of this kingdom from re-
turning u this kingiOm2
L ! urged by respondents counsel
that the applicant l. not 8 citizen Of
HaEzu. although nztUrzlized as s1cn,
beczuss by the Constitution o. 1851, De-
iuz 3 Chinamzn, he Is not allowed 70
vote. Icousider that, although the right
70 vote may Dc taken from the citizen by
The Constitution, MS status as . subject
sill remains. The elective franchise
nav o. not De bestowed upon all cItI-
zs1s bv law. Il Z not : natural right
and i subject 70 statute regulation. For
prec=fsnrs we naturally look 10 the
United States. where similar legislation
against the admission Of Chinese has
been IN force t1r some years In ISIS,
Jude Deadly q the United States Dis
tricE Court decided that : child born N
the United States Of Chinese parents, L
s citizen Of the United states, and when
res-rafned q Its liberty Of loeomotion
therein. may be delivered therefrom, on
hzbezs corpus By 3 proper national
Court
"a that case. Chin King, s Chinese
gi-I born IN California, had gone 70
5-bfns. and Ezs detained u Portland,
I'D