The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-08-14
NO MORE LOOPHOLES,
Chinese Laborers Barred Out of
the United States.
Inc Court Of Last Resort Decides tho Wan
snlng Case and the Question of Csrtif-
cates-Is It Menacef

Collector of the Port Phelps receive d
copies yesterday of decision of the SUI
preme Court of the United States in the case
Oh Wau Shing, appealed from thc Circuit
court OF the United States for the Northern
DlStrlct OF California, also departmental in
stluctlons based thereon, which will revo-
iuuonlze the Chinese immigration. The de-
cisioh ana instructions caused intense eX-
citement In Chinatown when this became
known, and the lawyers of the Chinese
sloou aghast at the sweeping changes they
1naugurate.
wan Shing came to San Francisco In Aug
ust, 1859. The officers of the customs re-
FUSED to allow him to land, holding he was
chinese laborer. and as such within the
provisions of the Exclusion Act. He applied
10 the Circuit Court for writ of habeas
corpus. The writ was issued, the petitioner
Drought before the court and the matter re-
Ierred to Commi ssioner to take testimony.
Inc commissioners report was that the Pc
tltioner had not established his right to re-
enter the domain of the United States and
That he should be deported.
subsequently the case was heard in the
circuit Court. and terminated in the order
ol remand. From this judgment an appeal
Vas Vas taken TO the Supreme Court. Justice
opinion fthe court, as follows:
NOT UNDER THE ACT OF MAY, 1882.
Inc refusal OF the officers Of the customs at the
poit OF San Francisco TO allow the petitioner to
1s no was , not founded upon the act of May g.
IooZ, and the act amendatory thereof as errone-
ousiy alleged In his petition. 1t was based upon
the provisions OF The act of October /, 1888,
winch declared that from and after its passage
IL should be unlawful for any Chinese faoOrer,
VINO at any time before had been or was then, or
might thereafter be, resident within the United
ed iybr Ja,,
tuerelfom, and shall not have returned before its
Stares.
Aud 1t further declared that no certificate OF
Identity under which by the act of May g, SS2
Oninese laoorels departing from the country
were allowed 10 return, should thereafter be
issued, and ii annUllrd every certificate OF the
kind which had been previously issued, AID pro-
Vided that no Chinese aborer should lie hermit
tea 10 enter the United States by virtue thereof.
a., me petitloher. II not labOrer, could not
lileieioIe nave been permitted to land except IN
question whether or not lie was In the country
on oYember II. 1880. and had departed there
1882. '''' p"''"s' u inc "'' Vi JUNO o.
HIS right TO land, therefore, rested upon his
establishing the fact that lie was not lsborer,
within the provisions OF the act of October 1
1888. and that could only have been shown by a
certlhcate OF identity issued under The authority
OF The Chinese Government.
SIch certificate shall be prima facie evidence
OF The fact set forth therein, aud shall be pro-
duced to the Collector of Customs or his deputy.
From ms provision diplomatic and other officers
OF the Chinese Government travelling Oh business
OF that Government are exempted.
AMENDED AND ENLARGED.
BY the act OF July 8, 1884, Section OF the
act OF 1882 was amended and enlarged so as TO
PROVIDE Tor The permission TO be obtained from
the Chinese Government shall be yiseu
by The Endorsement OF he diplomatic consular
representatives OF the United States In line
foreign country from which such certificate
issues whose duty it Is made TO examine Into the
truth OF the statements therein before indOIs-
ing u.
Tie section then declares that such certificate,
vlSed as Aforesaid shall be prna facie evidence
oil the facts set forth therein and shall
be the sole evidence permissible on the Part Of
Tie person SO producing tile same TO establish "A
tight OF entry into the United States. but said
certificate may be controvertrd aud the facts
lheTeln stated clsproYed by the United States
authorities.
THIS cause dispoSes OF the case before us. No
certlicate WAS presented by the petitioner under
the statute and the evidence offered 10
show that the petitioner was a merchant was
weak ana unsatisfactory, but the statute itself
does away with The necessity for an investigation
by the court 10 its sufliciency, for it declares
that the certificate may be controverted by the
authorities OF the United States. and Is TO be-
taken by them only as prima iacie evidence.
ne result OF lie legislation regarding the
Chlnese would seem TO be This: That no labor
enter the United States, or even to return after
having departed from tie country, though they
lelt With II view OF returning; ailc that all
other persons of that race, except those con-
necteu Win Inc diplomatic service, mast pro-
duce certificate from the authorities OF the
Chinese Government, or such other foreign Gov
eminent as they may at the time be subj cts of.
showing that they are not laborers, and have
permission Of that Government TO enter tile
United States, which certificate is to be revised
by representative OF the Government OF the
United States.
SECRETARY FOSTERS Instructors.
Following the decision of the Supreme
Court Secretary of tho Treasury Charles
Foster instructs as follows:
Under this decision all Chinese not laborers
now resident in the United States who may de.
sire 10 visit China or other countries and return
10 the United States will be required TO present
at tile port OF first arrival In the United States
as a condition precedent to landing, the ceitlti.
cate provided for by Section of the ast an.
proved May 6, 1882 as amended by the act ap-
proved July 8, 1884. Collectors OF Customs at
ports where Chinese arrive will cancel thesa GER
tfcates by writing across the face thereof IN red
Ink the name Of the passenger, name OF the vessel
date OF arrival and the signature OF the Collec or
The certificates Will be entered upon a register,
and be carefully preserved on the files Of the
Custom-house. An instructions of this depart
ment heretofore issued inconsistent with this
ruling are hereby revoked.
The immediate effect of the decision and
instructions Will be salutary and conclusive,
even so far as the 200 Chinese on the steam
snip Oceanic are concerned, all of whom
Will be deported unless some of the threat
ened haoeas corpus writs succeed in the
purpose for which they will be applied for
Today. The Chinese say they will all apply
for wits to-day. But the ultimate effect
can only be guessed at and is being guessed
as adversely almost as there are guessers
District Attorney Garter says the decision
rs to the points of law involved is clear cut
and conclusive, and he thinks the placing of
the duty OF examination into the hands of
Consuls good move.
Collector Phelps, on the contrary, breads
the result of the decision. He says expert
ence has shown Consuls to bs incapable and
too unprincipled. even if they were capable,
to be Entrusted with the burden of such ex-
aminations and viseing of certificates. The
burden OF proof in controverting GER
tihcate will be upon the Government, which
Is another menace to American interests.