New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-11
THE CHINESE EXCLUSION QUESTION.
Az opprn FROM THE TREASURY DEPARTMENT
EXAMINATION MUST BE MADE


EXAMINATION MUST BE MADE
AT THE BORDER.
Washington Dec. 10 tspecIaD The Treasury Dc
partment has taken decided stand on the Chnese
exclusion question and the position assumed to-day by
Acting Secretary Spaulding may lead 10 Tie nmend
ment OF the existing law by the present congress-
COMPLICATIONS have been caused by the enactment OF
n law amendniory OF the original Law. ara the en-
actment of another law. which, IL operative. woun
reneal both the earlier acts. The first law was
passed in 1882 and amended in 1884. while the last
net WAS approved In 1883 and virtually TO repeal
the others Judge Field last May defined what the
Treasury Department regards the only authority Tor
Chinaman to enter the United States le SAID that
the only admissible evidence was the certihcate
prescribed by the Act OF 1852. ms amended by the
Act of 1884 and he ignored entirely the Act OF 1888
The Attorney. is thought to regard this latter
act Us imperative, since its provisions were made
| dependent upon the ratification Of treaty
with China a diplomatic action not yet taken
Five Federal Judges have included the Act OF
1888 in their decisions, and by virtue OF Its pro
visions have remahded prisoners To Canada instead OK
to China. The action taken was the result OF an
appeal provided for only In this last act. Tho
lanruag, OF the law is to the effect that where the
Chinese are found here unlawfully they shall be
returned 10 the country whence they came" and these
judges held that the country whence they came'
was Canada.
The Treasury Department people think that
II any evidence Is required 10 show the In
tt,tion OF Congress 1t is 10 be found III
the appropriation bill providing the means for enforcing
the Exclusion Acts, in which bill certain amount is
set aside for the payment of the salaries OF oncer 10
be employed to enforce the act "and TO defray INC
expense Of returning to China persons OF that hatoh
atty found in this country unlawfully. Ihore arc
questions of construction regarding this exclusion ID"
coming up continually and the Secretary to-day made
in of he mos
which have been presented to the Department inc
Collector of Customs at Burlington W.T. raised the point
whether the Chinese should be Inspected at the hrst
stations this side OF the Canadian line where the rail-
roads stop or whether measures should be TAKEN 10
prevent the actual crossing OF the line. the matter
is of great interest to the Grand Trunk and CANADIAN
Pacific Railways and the representatives OF these roads
also wrote TO the Department for some decision as TO
the liability Of the roads In the transportation OF Chnese
seeking admission into the United states III appears
that tina Federal officials had suggested to the agents
of these roads that their respective companies were
violating the Chinese Exclusion law when they con-
viewed 10 points in the United States persons OF that
race who were not lawfully entitled to enter its
territory Acting Secretary Spanldng In his letter
10 the Collector at Burlington says:
The act approved July T. 1854 PROVIDES In section IL
that "any person who shall knowingly bring into or
cause 70 be brought into the United States by and or VINO
shall aid or abet the or aid or abet the lanona
in the United states from any vessel Of any Chinese
person not lawfully entitled 70 enter the United STATES
shall be desmed guilty Of 0 msdemeanor and shall Oh
conviction thereof be fined In the sum not efcecdhe
81 OOO and Imprisoned for term not exceeding one year
Under the provisions OF this section ell persons cohcefhea
in the unlawful importation Of Chinese by railroad or oy
other mems are clearly amenable TO the penalties therein
prescribed and is suggested that you so ADVISE he
proper officials OF all railroad companies whose lines enter
your collection district from Canada. Hereafter you VIII
report District Attorney for his oeai aeuoh any
instance where Chinese persons are brought BY rail INTO
your district who not furnished VITA ae ee'nca's
required BY Section Of he act, toget. Win the hae'
Of the railway responsible for their
In reply TO the Collectors intimation tfiat the
necessary inspection OF persons and papers cannon
be made before arrival at the fr.t pors OF entry
Mr.. Spauding says.
The law mandatory and prohibits the entrance INTO
the United States Of Chinese not legally entitled 10 the
pryilege The inspection trains for the purpose IN
dictated must therefore, be- made at the border ana you
should instruct your officers accompanying the trains 70
make nsuetoa such not 70 Interfere uhhec
essarlly with the railway schedules
A REPORT FROM NATIONAL BANKS DEMANDED