The morning call., 1892-08-07
The Coast Seamen's Union Will
Push the Case.
Copy Of Brief Filed With Collector Phelps
Which Will Be Forwarded to
Washington.

plenty Of evidence at hand that the law has
been violated and that Chinese are still en-
ployed in defiance of the law. in spite Of
published statements to the effect that the
Treasury Department has already acted in
the matter. Following is copy of the
brief, which will be forwarded to Washing
ton:
SAN FRANCISCO. August A, 1892
70 the Honorable Z. g. Phelps. Esq, Collector
or Customs, District Of san FTdnctsco-DEAR
SIR: have been requested TO call your atten.
ton TO aud give my views on the practice that
cleaners plying between this port aud Hong
Kong, China. for some time past OF manning
their vessels with Chinese crews shipped In
Hong Kong. The crews In all cases being within
the class prohibited by the exclusion acts IL ap-
pearng to me that the practice Is In violation OF
those and other acts for the following reasons:
Congress has legIslated on the eXclus sion OF Chi
nese In the act OF May 8, 1882, which was
amended by the act OF July 5, 1884. and supple
mented by the act OF October 1. 1888. the above
Delng continued IN force with additional Testric-
lions by the act Of Nay 5. 1892 The provisional
act OF September IS, 1888, IL is obviously uu-
necessary 10 refer TO.
The Intention of Congress. as plainly expressed
Dy me ABOVE acts, is TO absolutely prohibit all
Chinese OF the class OF which the crews of YES
sells are composed aud Others from coming to
the Y nited States from any foreign port place,
or having so come from remaining Within the
united States, the latter part of sect ion of the
act OF July 3, 1854, reading as follows: THAT
Tue expiration Of ten years next after the pas.
sage OF this act. the coming of Chinese laborers
10 tne united states be, and the same is hereby,
suspended. aud during such suspension it shall
not be lawful for any Chinese lab0Ters to come
from any foreign port or place, or having o
come 10 remain within the United States"
IL VIII be seen from the above that the coming
Of Chinese is rs much suspended as theIr stay
ing or landing here. The only exception applicable
TO This case being found in the latter part of Sec
tion OF this act, which reads
NOR shall the TWO foregoing sections apply to
TIE case OF any master whose vessel, being
pound TO port not within the United States
snail come Within the Jurisdiction OF the nited
States by reason OF being in distress or in stress
OF weather. or touching nj any port Of the United
place"
The American vessels to which 1 refer as ply
Ing between this port aud Hong Kong, while
Delng, as am Informed, owned in New York,
make San Francisco their home port The eau
easian part OF their crews have their homes 10
San francisco; they are engaged aud paid here
their voyage ending on the return Of the vessel
and reco mmencng when leaving San Francisco
again. Under these circumstances, IL cannot be
be held that they, or either of them, are vessels
bound to port not within the United States and
come into the Jurisdiction OF the United States
by reason OF being IN distress or In stress of
weather. or that they are touching at a port of
Tue united States on their voyage 10 a foreign
port or place.
IL may be said that there is no intention of
landing the Chinese. The opportunity of their
escaping To land Is always present when the Ves-
sci is IN port, EnG We must conclude hat Con-
gtess realized that escape was possible and de-
sired TO run no risks when it prohibited their
coming 10 the United States, In addition 10 their
landing beTe.
In addition to the above tho Supreme Cont of
the nited States In the cases OF CTaTO VS.. Kelly
16 Wallace, 60 aud Wilson VS.. McNamee, ! %
U. s.. 572, has held that "A vessel al sea is con-
sldeTed as part of The territory 10 which 1t be-
longs when al home. lt carries with 1t the local
legal rights and legal jurisdiction OF such local
lty. All on board are endowed and subject &C.
Judges Field and Sawyer. In the cases of In re
All Sing, Is FED. Rep, 2S6 In re All Tie ID,
29l, say: "A person shipping on an American
ton OF the United States. An American vessel
Is deem-d part OF The territory of the State
within which iis home port is situated and as
such part OF the territory OF tie United States"
while on board an American vessel Chit
nese iaboreF Is within the jurisdiction OF the
United States and does not lose by his employ
ment the right OF residence here previously &C.
qulfed under the treaty with China
See also the Z. b. Ward. II Fed. Rep, $50.
The cases mentioned IN tie Thirteenth Fed
Rep. held that Chinese leaving the United Stat es
for foreign port and returning had never left
the URted States, but were within its territory
while on board OF the vessel at sea. Tie converse
OF This Iule must also be true. and Chinese be
h ID TO be within the United States when on
board an American vessel ON the high after
being shipped at Hong nOng. There can be no
uucetiHinty about the position the United States
should take " they we've inteTfered with by
foreign power on tbs nigh seas while SO on
boaTd, ana II within the Jurisdiction and terri
tory Tor the purposes OF protection from violence
by foreign power, or for the purpose of
holding that they have never left ihe United
States when shipping here. they must be equally
so when shipping al a foreign port and particu-
larry when lying within the city aud county Of
San Francisco, subject 70 State ana local laws
and entItlrd 10 their protection.
Section OF the act or May 8. 1892, makes IL a
crime for Chinese 10 be unlswiully Within the
United States, and there seems no escape from
holding that Chinese shipped as above stated
are liable TO punishment under Its provisions
aud that Il Is the duty Of the proper authorities
VII s.gr
not being lawfully entitled 10 be within the
Unit States" Congress not having legislated
on the duration Of their stay, or given them per.
mission 10 be here at ali.
IL.
The employment OF these crews is also In VIC.
latlon OF the act OF February 20, $50, popularity
called the contract labor law. That act was
passed 10 prevent the engagement OF foreign
pRuper labor TO comp te with the iabsr OF Amer
lea. There is direct competition in this Instance
with the sailors. firemen and walters OF the Pa
cihc Coast, as the above law was passed as much
for their benent as those who follow land oecu-
patlons.
Another question arises in the employment OF
the Chinese as above stated. | understand that
most or all these vessels running 10 China and
carrying crews Engaged as above are paid a SUBJ
sidy Tor carrying the mail under the act OF March
3, 1891. Section Of that act requires all YES
sells employed In the mail service under the pro.
visions OF that act 10 be offcered by American
citizrns. and for onefourth OF IT'S crew 10 be
American citizens during the first two wears
OF the contract, Increasing thereafter. There
can be doubt that in the passage of
that act Congress Intended the word "crew" 10
mean the sailors, firemen aud walters. As these
vessels are manned at this time they have
master, CHIEF officer, second and third officers
four quarlermasters. four engineers Except the
City of Peking. which carries sevenl three
water-ienders. three oilers. carpenter, purser
freight clerk, steward, second steward, steerage
steward and surgeon. Some OF these are petty
but they all rank as officers; they take their
food either in the officers messrooin or in the
a In q
10 live and are entirely distinct from the sailors
nremen Snd walters, who are called tn. crew
which Is entirely made up OF Chinese. Some of
the officers are licensed under sections 443S-
4452 OF tho Revised Statutes ana are there
termed officers. They cannot be considered a
part oil the crew within tue mea ming of the above
act and II their number should equal one
fourth the total number of tue Caucasians aud
Chinese on board 10 seems that the provisions of
the act requiring 0ne.f0urtb Of the crew TO be
citizens is not complied with, but that one
fourth OF the sailors nremen aud walters must
be citizens of The United states or the vessel IL
not entitled 10 the payments authorized nv law
for carrying the mails.
Section OF the act also requires and saws:
'Ihat SAID vessels shall take as cadets or an.
age for each 1000 tons of gross register and one
Tor each majority faction thereof who shall be
euucatea 10 me duties OF seamanship, rank as
petty officers" etc.
have yet to learn OF any vessel running ont
OF TINS port, 10 China or elsewhere and carving
the mali under Tie provisions of The act, that is
SnuCts' uOi vi huY excuse De.
Ing offered Tor their not doing So The owners
OF vessels running under contract with the
onled STATES are generally very prompt In de-
manning thelr pay Tor such service. Ii would
seem that they should use at least little dill
Rehce 10 placing themselves in position 10 be
legally entitled 10 II, and officials should not
OVERLOOK Tue conditions under which these yes-
sells are employed.
- i nave laid the above matters before you be-
meVlng that there is urgent necessity for action
ne laws refer TO are wise and should be en-
FORCED, and they are the statute books for en-
Iorcemeni. L trust you Will give them and the
aoove matters The same attention that you have
gwen ,, 10 the enforcement OF the exclusion act la
other directions. Yours very respectfully.
Ii. w. HUTTON.
LAND In CHICAGO.
A Lot Once Sold for SCI Now Worth a