Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-12
THE CHINESE MUST GO.
The Proposed Order for Their Removal
Said to be Valid.

The Proposed Order for Their Removal
Said to be Valid.
SAN Francisco, February 11th.-City and
County Attorney Flournoy has rendered
the following opinion as to the power of
the Board of Supervisors to pass an order
removing the Chinese from Chinatown to
South San Francisco:
Hon. II. Bingham, Supervisor Of First Ward, etc.
DEAR SIR: To your communication of Febru-
ary 5, 1890, asking my opinion as to the power
OF the Board ofSupervisors to pass such an ordi-
nance as is contained IN the Draft of proposed
resolutions inclosed, l answer by referring you
to the following laws delegating powers to the
Board TO make police and sanitary regulations
and laws of the character proposed in the papers
submitted to me- viz Article l9, Section 9, of the
Constitution OF 1873:
'.The presence of foreigners ineligible to be-
come citizens of the United States is declared to
be dangerous to the well being OF the State, and
the Legislature shall discourage their immigra-
ton by all the means within its power. Asiatic
coolieism is form of human slavery. and is for
ever prohibited in this state, and all contracts
for coolie labor shall be void. All companies or
corporations, whether formed in this country,
or any foreign country. tor the importation of
such labor, shall be subject to such penalties as
the Legislature may prescribe. The Legislature
shall delegate all necessary power to the incor-
porated cities and towns OF this btate for the
removal OF Chinese without the limits of such
cities and towns or for their location within
prescribed portions of those limits; and it shall
also provide the necessary legislation to pro-
hibit the introduction into this State OF Chinese
after the adoption of this Constitution. This
section shall be enforced by appropriate legis-
lation."
An Act of the Legislature of this State, en-
titled; AN Act to provide for the removal of
Chinese, whose presence is dangerous to the
well-b being of communities, outside the limits of
cities and towns in the State of California" ap-
proved April Sd, 1880. page %:
Section l. The Board of Trustees or other leg
islative authority of any incorporated city or
town, and the Board of Supervisors of any in.
corporated city and county, are hereby granted
pass and enforce any and all Acts, and ordi-
nances or resolutions necessary to cause the
removal without the limits OF such cities and
towns, or city and county, of any Chinese now
within or hereinafter to come within such linn
its; provided, that they may set apart certain
prescribed portions of the limits of such cities.
or towns, or city and county, Tor the location
therein of such Chinese.
"Sec. 2. This Act shall take effect and be IN
force from and after its passage"
Article TX, Section IL, of the Constitution OF
1879:
"Any, county, city, town or township may
make and enforce within its limits all such
local. police, sanitary and other regulations as
are not in conflict with general laws"
The ordinance you propose. prohibiting Chi
nese from locating, or residing, or conducting
business in any part of the city except that
designated by the order is, in my opinion, au-
thorized by the foregoing laws. If those laws
do not delegate power to the Board of Super
visors to take such action as contemplated by
stand what language or law would be sufficient
to delegate such power. Respectfully,
GEORGE FLoURNoY, JB.,
City and County Attorney.