The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-30
TEN LUCKY CHINESE.
They Give Sufficient Proof OF
Right to Remain.
i QUIET DAY IN ALL COURTS.
nsrerai Grade Tax Suits Instituted By
the City--A Volunteer Fireman
WIN Contest the Poll Tax.

yeaterday Judge Hanford was engaged in
x..,,ug the appeals OF ten Cinnamon. The court
hard the testimony, but rendered only one
cninion which seemed, in his judgment, to
aver All The cases Each of the appellants was
sorud 10 be equally entitled TO a decision in his
,ssor and all were ordered to be set at liberty.
IA case passed upon was that OF United States
= = linn. Chinaman, and the opinion, which Is
q excentIona importance, is as follows:
~. ascendant Is Chinese laborer, arrested
= snsrdcion OF being recent arrival in the
Trltsd ,.nfes, and charged with being person
- iswuIly untitled to enter or remain in the
/ Snsssd es5fes upon which charge he was duly
ia hrofe Thomas Craney, United States CON-
,r;ssiones 1t Coupeville, in Island county, in
fhis asis, and convicted and sentenced to be
,ssjsd % the Judge of this court under the thir-
issoIh setton OF the act OF congress, approved
septenber Is, isos, entitled, "An act 10 prohibit
fhe coming Chinese laborers to the United
sfse6" which section provides for an appeal in
snch cases in the following words: "But any
such Chinese person, convicted before a com
uiaioner OF United States court, may, within
cen days from snch conviction, appeal to the
nudge OF the district court for the district"
The first section OF the act referred to is as fol-
lows: "That from and after the date of the ex-
change OF ratifcations OF the pending treaty be-
tween the United States and his imperial
msjesty, the emperor OF China, signed Oh the
I'm day Of March, ammo domini 1883, IL shall be
unlawful for sny Chinese person, whether
the United States, except as hereinafter pro-
y1ded"
The oct contains general provisions regarding
the manner In which Chinese persons not pro-
hibited from coming shall be allowed to enter
the United States, and providing means for en-
forcing tie laws prohibiting the immigration of
Chinese iaoorers, including provisions for re-
hfbited class who may, In violation of law,
eject an entrance and be discovered upon our
soil. and regulating the proceedings in such
The Last section of the act reads as follows:
section Is. That the act entitled, IAN act
hexeeute certein treaties stipuiations relating
70 Chinese, approved May 6, 1872, and an act to
amend said act, approved July 5, 1884, are hereby
fepeGed, TO take effect upon the ratification OF
ne peacing treaty a. provided In section one OF
Tom these provisions OF the first and last
r<tons, referring 10 the contemplated ratifica-
t0n Of "A treaty which has not taken place,
question arises as TO whether any part of the
Statute ever went into effect or is now an exist
ing law There is no other statute or law allow
ing an appeal from the decision of a commits
soner In eases of this class, or giving to the
courts or judges OF the United States, power to
trial and determination Of case
before another tribunal or officer
authorized by law to decide as to the right of
Chinese laborer to be or remain In the United
States and, III the statute referred to has vital
ity, the decision OF the commissioner appealed
rom In this case is final, or at least not subject
W review IN TINS court upon questions Oh lact.
II u my opinion, however, that every part of
the act became effective from the date of its ap-
proval, except the particular provisions of the
FIRST and fifteenth sections, which are specific
ally, BY the provisions contained therein, made
70 depend for vitality upon the contingency of
The ratification, at future time, of the pending
treaty.
The other parts of the statute are not of such
, character as TO be necessarily dependent upon
any OF the provisions of either the first or If
teenth sections. They can and do At into the
tN x.ff f..sr el.t
without as with the existence of the first and
fifteenth sections, and are applicable to what
OF the laws relating to the sIbject OF
Chinese immigration, and contribute towards
making the system complete and harmonious,
Notwithstanding the fact that by failure of the
treaty the first and last sections remain and are
uugatory.
It's my opinion, therefore. that an appeal to
Thu court from the decision of the commissioner
and tria, de novo are rights guaranteed to this
detendant by law, and have, in accordance
with this opinion. granted n full and fair trial
The defendant, having the aid OF counsel, which
he did not have upon the former trial, has
brought before me evidence OF the most conclu-
siye character, including the testimony of re-
putAble and prominent citizens, by which he
is Identified as a man who has been for several
years within the United States, which 10 SUM-
cient in my opinion TO rebut the presumption
arising from the fact of his being found SO near
70 British Columbia as the place at which he
was arrested, and the fact of his being stranger
TO the officers by whom he was arrested, and the
took place. Among those who have thus identi-
ned him Is a welLknown citizen OF Island
county, who was called by the government as q
witness against this and other defendants.
The defendant, In his own behalf, has testified
that he came to the United States at time prior
70 the passage of the first restriction act, and
has never been out of the United States since his
arrival, and by his testimony he shows that he
possesses knowledge concerning places within
the United States and events which have &C.
Cured during the past ten years which think
tends to corroborate bis testimony as TO the
more important facts. The former trial was
conducted. as all such trials must be, in a sum-
mary fashion, and considering that the defend
ant was ignorant of his rights, and of the ueccs-
sity oil producing evidence which could have
peen produced In his behalf on that trial, 1
think he is exeusable for his failure to do So
. FROM the evidence before me l am forced to
the conclusion that there is not only failure
On the part OF the government to prove that this
.nau came into the United States unlawfuly,
out IL e shown afiirmatively and clearly by I'M
Impeached and reliable testimony that he came
10 TINS country before IL was made unlawful for
chinese lahorer 20 come and that he has not
oxen out OF it since.
therefore, it is the Judgment of the court that
.ne oeclsion OF the commissioner be reversed,
and That the defendant be released from the GUS
tody in which he is now held.
Nine other eases of appeals taken by China
men convicted before Commissioner Craney
nave been heard in connection with this case,
anu from the testimony produced find that
each OF them are equally entitled with the de-
PENDANT in this case TO be set at liberty, and il
will be so ordered.
The principles upon which this decision
Is based are applicable in each of them, al
though the particular facts in regard to the his
tory oil each man is somewhat different.