The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-18
CHINESE CERTIFICATES.
The First Arrest for Violation
Of the New Law.
Ticket Agent Macsbe Is the Victim-He Will
Dispute the Constitutionality
Of the Act

An arrest was made yesterday that is in
tended to test the constitutiOuality of a law
relating to Chinese Certificates of resi-
dence" passed by the Legislature March
20th last. The man who was made the part
OF defendant in the proceedings is William
{. Macabe, Southern Pacific freight agent,
who does business under the Grand Hotel.
He is charged with having violated Section
3 of the act. The complaint. or rather two
complaints. as he was arrested on two war
rants identcally the same, except as to the
name Of the Chinese persons to whom the
tickets were sold, was made by Jerome
Miller and the warrant was served by Ser
geant Healey.
THE VIOLATED SECTION.
The section of the act alleged to have
been violated is as follows:
Ii is hereby made he duty of all agents of
transportation aud ticket agents IN This State Tor
rairo4 ds, stage lines, steamship lines and yes
sells of all descriptions. and masters and purSers
Of the same. when applied 10 by any Chinese
person, or by any other person Tor the passage OF
Chinese, for ticket passenger from one
station. town, city, port or landing in this State
10 another station, iowa, CT y, port or landing IN
Tins State, or any other Stale OF the United
States, before selling such ticket 10 demand of
SAID person applying TO see, aud shall, before
selling Ticket, examine the certificate Of Iesi-
dence" OF The applicant, described IN this act,
aud insert the Uumber Of SAID certificate OF resi-
dence on SAID ticket; and should such applicant
or Chinese person TAIL to produce such certificate
then tie said agent shall not sell a Ticket TO or
letInlt said Chinese person 10 take passage, and
SAID agent, master or person snail arrest, or
cause 10 be arrested, the said Chinese person
or applicant aud proceed 10 file complaint with
any Justice OF the Peace or Police Judge.
ANY person failing to comply with the require
meuts OF this section shall be deemed guilty of
4 ml>demeauoi, and on conviction thereof snail
lie punished by a flne of not more than $500 for
each odense, aud may be Imprisoned Tor term
OF not more than one year.
IN CONFLICT WITH THE TREATIES.
a soon as Macabe was arrested he APP
pled to the United States Circuit Court tor
writ of habeas corpus on the grounds that
the law against the Chinese is unconStltu-
tiunal, II being the result OF class leglsa-
ton; also that it is in direct conflict with
every treaty between China and the United
States, all of which assure to TIE Chinese
equal protection with American citizens and
tie enjoyment of the same privileges.
Justice Beatty admitted the prisoner to bail
in the cash sum of $50 and set the 27;h inst.
as the date for argument on the writ.
The tickets were sold yesterday to Chi
nese woman, enc Gee Chung Tone, for San
LrandrO, and to Chan Foo for Reno, New.
The arrest soon followed the sale of the
tickets and was a complete surprise, as
everybody who ever heard of the law had
quite forgotten II aud It's ukase known us
Section B
THE CHINESE DON'T LIKE IT.
The Issuance oil certificates of residence"
is being made by the Commissioner of La
Dor, whu has found the Chinese unwilling
to go to him for the certificates. and he
hopes that the enforcementO OF Section will
hurry up the Monaghan brotherhood to a
just appreciation OF the acts OF the last Leg
lSlature.