The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-05-27

10 issue 4 permit 10 lana TO ChlneSe
person coming within the descriptions
In that section, although a permit
might have been procured from Ha-
waiian Consul at the port OF embarka-
ton.
This duty OF the Minister being min
isterial the performance OF 1t may
be enforced by writ OF mandamus.
The proceedings were by petit
ton upon which an alternative writ
was issued, whereupon the respon-
dent made a return with exhibits.
Upon these papers the case was
argued and submitted.
The petition is as follows:
Your petitioner Chock KEN, res
pectfully represents unto Your
Honor the following:
u. That be was born in China, but
has resided for the past six years IN
Honolulu, Oahu, and his occupation
Is managing clerk for the firm OF
Kwong Hip Lung q Co., of said
Honolulu.
=. That on the to wit, 9th day
of April, 1890, there arrived in the
port of Honolulu. on the ship Tillie
Baker, one All Sung, a Chinese boy,
the son of petitioner; said All Sung
having been born in the state or dis
tric of Hong Sau, in the province of
Quong Tun, China, in the fourth
year of the reign of Kon 81, the sec
ond moon, and the fifth day, and is
consequently thirteen years of age.
"3. That Jonathan Austin, Esq,
is His Majesty's Minister of Foreign
Affairs, and as such, was applied to
to by your petitioner on the to wit,
18th day of April, 1890, to grant
permit to the said All Sung to land
from the said ship, and enter the
Kingdom, under Section 6, Chapter
Is, Laws of 1887.
"A. That as your petitioner is in
formed and believes, the said All
Sung is entitled under the said law
to a permit to enter the Kingdom;
and that as petitioner is also informed
and believes it is the duty of the
said Minister to grant such permit.
- 5. But petitioner says that the
said Minister has refused and still
refuses to grant such permit as
contrary to the provisions
of said aforementioned law.
&c. And petitioner is informed
and believes that the ordinary forms
of law make no provision for rem
edying the wrong inflicted upon him
by the said Minister as aforesaid.
~. Wherefore your petitioner
prsys that q writ of mandamus may
issue out of and under the seal of
the honorable Court, directed to the
said Jonathan Austin, Minister of |
Foreign Affairs, commanding and |
him to grant a permit to |
your petitioners said son, All Sung,
10 enter the Kingdom, or to show
cause before this Court, at day and |
hour to be fixed why he should not
grant said permit; and that petit
Homer may have such other relief as
Justice demands, including the costs
Of these proceedings"
The return with exhibits is as fol
.ows:
"And now comes Jonathan Austin,
Minister of Foreign Affairs, as afore-
said, and, for return to the alterna-
i've writ of mandamus issued to
him, IN the above entitled cause, on
The 50th day of April ult. respect
iully represents unto the Court as
follows:
=" l. He admits the arrival at Homo
ulu, of tie vessel Tillie Baker, and
he presence, on said vessel, of the
BOY, All Sung, as stated in the petit
ion and writ herein.
- He admits that he has refused
% grant a permit for the said All
Sung to enter the Kingdom, and
till refuses so to do.
" 3. He alleges that the applica-
ion to this respondent, to issue such
permit was conveyed in a letter,
,opy of which is hereto annexed,
marked exhibit ga" and the reasons
or respondents refusal to issue the
anne were, and are those set
iorth in respondents reply to said
contained in letter from
to said relator, a copy of
which is hereto annexed marked ex-
libit b.
4 Wherefore the respondent
ubmits to the Court that, if said All
sung was entitled to a permit to
inter this Kingdom, he could, and
hould have obtained such permit
rom His Majesty's Consul General,
q Hongkong, and that, not having
o obtained said permit, there is no
upon the respondent, at
his time, to issue such permit"
EXHIBIT a.
Honolulu, April 90, 1890.
To His Excellency Jonathan Austin,
II. NJ. Minister of Foreign
Affairs.
"Sir: The undersigned Chock
lem, Managing clerk of the firm of
wong Hip Lung on Hotel street,
honolulu, Oahu, 81. l., who has been
esident in the Hawaiian Islands for
be past (6) six years, hereby respect
ally requests a permit for his son
h Sun0 to enter into the Kinpdom ,