The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-05-21

MANDAMus TO Hrs Elk. JONATHAN
AUSTIN, MINISTER OF FOREIGN Ar
FAIRS.
BEFORE M'cULLY, j., IN CHAMBERS, MAY
5, 1890.
Sec. 6 of Chap. % of the Laws OF 1881 re-
ouires the Minister of Foreign Affairs
to issue permit to land to Chinese
person coming within the descriptions
in that section, although permit
might have been procured from IA
waiian Consul at the port OF embarka-
ton.
This duty of the Minister being min
isterial the performance of it 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 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:
81. That he 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 & Co., of said
Honolulu.
90. That on the to wit, 9th day
of April, 1890, there arrived in the
port of Honolulu, on the ship Title
Baker, one All Sung, a Chinese boy,
the son of petitioner; said All Sung
having been born in the state or dis
trio of Hong Sau, in the province OF
Quong Tun, China, in the fourth
year of the reign of Kon ST, the sec
ond moon, and the fifth day, and is
consequently thirteen years of age.
go. 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,
29th day of April, 1890, to grant q
permit to the said All Sung to land
from the said ship, and enter the
Kingdom, under Section 6, Chapter
%, Laws OF 1887.
81. That as your petitioner is In
formed and believes, the said All
Sung is entitled under the said law
to 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
aforesaid, contrary to the provisions
of said aforementioned law.
sc. And petitioner is informed
and believes that the ordinary forms
of law make no provision for rem
odying the wrong inflicted upon him
by the said Minister as aforesaid.
81. Wherefore your petitioner
prays that 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
! enjoining him to grant a permit to
your petitioners said son, All Sung,
to 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.
toner may have such other relief as
justice demands, including the costs
of these proceedings"
The return with exhibits is as fol.
lows:
"And now comes Jonathan Austin,
Minister of Foreign Affairs, as afore
said, and, for return to the alterna.
tive writ of mandamus issued to
him, in the above entitled cause, on
the 50th day Of April ult. respect
fully represents unto the Court az
! follows:
Il. He admits the arrival at Homo
lulu, of the vessel Title Baker, and
the presence, on said vessel, of the
boy, All Sung, as stated in the petit
tion and writ herein.
80. He admits that he has refused
to grant permit for the said All
Sung to enter the Kingdom, and
still refuses so to do.
SO. He alleges that the applica
ton to this respondent, to issue such
permit was conveyed in a letter, g
copy Of which is hereto annexed
marked exhibit "a" and the reasons
for respondents refusal to issue the
same were, and are those sci
forth in respondents reply to said
application contained in letter from
respondent to said relator, a copy Of
which is hereto annexed marked ex
hibit 'B.'
81. Wherefore the respondent
submits to the Court that, if said Al
Sung was entitled to permit te
enter this Kingdom, he could, AND
should have obtained such permi,
from His Majesty's Consul General
in Hongkong, and that, not having
so obtained said permit, there is nc
obligation upon the respondent, al
this time, to issue such permit"
EXHIBIT a.
Honolulu, April 20, 1890.
ITO His Excellency Jonathan Austin
H. NJ, Minister of Foreign
Affairs.
"Sir: The undersigned Chocl
KEN, Managing clerk Of the firm Of
Kwong Hip Lung on Hotel street
Honolulu, Oahu, III. T., who has beer
resident in the Hawaiian Islands 70,
the past (6) six years, hereby respect
fully requests permit for his son
All Sung to enter into the Kingdom
Said All Sung is now on board The