Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1891-09-17
THROUGH CANADA.
The Bars Virtually Thrown
Down to the CeleStiaiS.
Revised Interpretation of the Chi
nese Exclusion Act.
Decision of Judge Swan, of the
". S. District Court.

They Must be Sent Back Over the
Line, and Not to China as Attorney
General Miller Recently RuIet- Con
gress Will Undoubtedly be Called Upon
to Take Action-Canada Not Kicking.
WASHINGTON, Sept 17.-"The Chi
nese may come" is a revised interpreta
ton of the Chinese exclusion law, which
Acting Secretary Spaulding has reached.
For months the treasury has been
straining every nerve to turn back the
tide of Celestials which has been flow
ing across the border from Canada. A
large force of detectives has been
kept in Canada to give information as to
the approach of groups of Cinnamon.
Acting Secretary Spaulding has himself
made a trip along the northwestern
border to familiariEe himself with the
extent of the traffic and devise further
means for keeping the Chinnmen ont.
But the treasury department has thrown
up its hands in dispair and declared, in
effect, that "the Chinese may come"
1t will be recalled that Attorney Gen
eral Miller gave an opinion some weeks
ago, to the effect that when Chinaman
came to this country by way of Canada
he could not claim that Canada was the
country from whence he came" as the
Chinese exclusion act permits the treas
ury department to return Chinese inn
migrants to the country from whence
they came" This opiili0il; in effect, de-
clared that Canada was not an asylum
of refuge for Cinnamon, and that when
caught they could be shipped to China,
and not merely to Canada. 1t has
never done any good to return them to
Canada, as they would soon slip across
the border again.
a Test Case at Detroit.
Acting on the attorney generals opin-
ion, many Cinnamon have been stopped
at border points. Some of them have
hired lawyers and fought the attorney
generals views, and Tuesday word was
received that a test case at Detroit had
been so decided that the treasury depart
ment would have to bring its Chinese
crusade to an end. The collector of Gus
toms at Detroit telegraphed Secretary
Spaulding that Judge Swan, of the Uni
ted States district court, had decided
that Canada was the country from
whence the Chinese came when they got
into this country by way of our north
ern neighbors. This was directly in the
face Of the attorney generals opinion.
and if Judge Swans rule was followed
Cinnamon could not be sent back to
China. Secretary Spaulding was natur
ally loath to accept such a ruling, but
there was no alternative.
The attorney generals views was mere
ly an opinion, which l'ol no binding ef
feet, but the Swan dt,ljpu came from "a
federal court The acting secretary
therefore telegraphed that the decision
of Judge Swan would be accepted by tho
treasury department as final, unless
some method of appeal to the supreme
court could be devised. There is no ap-
peal however, and the treasury official
feel that the war of exclusion against
the Chinese is suddenly brought to an
end.
Must Wait for Congress to Act.
Secretary Spaulding said that if the
border courts wished to thus construe
the law so as to favor Chinese immigra-
ton the treasury would give up its eff
forts until congress came together and
changed the law. This end of the con /
troversy means much to Canada in the
way of revenue, as the Dominion will
now become thoroughfare for Chinese
Ell route to this country. Every one of
them pays $50 head tax to Canada.
-Four shiploads Of Cinnamon arrive at
Vancouver every month. There were
7 900 Cinnamon landed from Jan. 1 to
July Is last, and 1000 were destined to
the United States. Canada's income on
the traffic for this period was $395 0O0 |
The activity of the treasury detectives
and officials has been the only thing |
which has in any way limited the influx |
thus far, but with the acceptance of the
Swan decision as final, the treasury
agents are brought to standstill and !
the bars are practically thrown down
for the incoming Cinnamon.