The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-09-06
HE HAS A DOMICILE.
Judge HanfOrd Admits Chin
Quong Look to the Country.
BUSINESS GIVES HIM RESIDENCE.
Commissioner Kieferss Order Of Depor-
tstion Reversed In the Case OF
Returning Merchant.

Judge Hanford, Of the United States court,
yesterday filed an important opinion in the case
OF Chin Quong Look, charged with being IL
legally in this country, In which he reversed
the decision OF Commissioner Kiefer, deporting
the defendant, and ordered the Chnamans dis
charge. The opinion holds that Chinese mer-
chant who has gained a commercial domicile in
this country, may be absent for several years in
China or elsewhere and still be entitled to re-
turn here. Tho full text of the opinion is a.
follows:
United States Of America VS.. Chin Quong Look.
At law, proceeding to enforce Chinese exclusion
act. Appeal from judgment Of United states
commissioner convicting the defendant OF be-
ing unlawfully in the United States Reversed
and defendant discharged.
p. C. Sullivan, assistant United States attorney,
for United states. W. H. White and p. Hart
ley Jones, attorneys for defendant
HANyoRD j.
The defendant was arrested on his arrival at
the city of Seattle from China via Vancouver,
b. C., and after hearing before James kicier,
one of the commissioners of the circuit court,
he was adjudged to be a Chinese person not
lawfully entitled TO enter the United States or
to remain therein, ami ordered 10 be sent back
to China BY an appeal he has secured new
trial in this court.
The evidence is very clear and satisfactory.
and establishes the following as the material
facts: The defendant formerly lived in Seattle,
and while here he acquired one-ffth interest as
a member of firm called the Gee Lee Compa-
ny; said firm has maintained n mercantile es-
eighteen years: the business OF the firm il i'm
porting, buying and selling groceries and all
kinds Of goods used by the Chinese people. and
1t is now doing business amounting to
The defendant returned to China six or
seven years ago, but retained his interest
in the Gee Lee Company. and has received from
time to time his dividends from the proceeds of
said business.
understand the commissioner to have held
that. by returning to his domcile of origin and
remaining there over six years, the defendant
surrendered his right to claim a domicile in this
country Conceding this to be true, still by
maintaining mercantile establishment he has
commercial domicie here, which according to
my understanding of the decision of the
supreme SUI court in the ease Of Iau Ow Bew w.
entitle him to come and go as freely as any other
merchant may. In that case Chief Justice
Fuller says: I'VE are of the opinion that it was
not intended that commercial domicile should
be forfeited by temporary absence ut the domi-
cile of origin, nor that resident merchants should
be subjected to loss OF rights guaranteed by
treaty.f they failed to produce from the domicile
OF origin that evidence which residence in the
domiclie OF choice may have rendered 1t diff
cult II not impossible, to obtain; and as We
said in considering the application of this pc
ttiOner for the writ of certiorari Q4l U. s. 5S3,
$685. do not think that the decision of this
court In Wan shing vs. the United states GAO U.
S. 2D ruled anything to the contrary OF the con-
clusion herein expressed. As there pointed out.
Wan Shing was not u merchant, but a labOrer:
he had acquired no commercial domicile in this
country, and whatever domcile he had ac-
quired, ii any, he had forfeited by departure
and absence for seven years with no apparent
intention of returning
Evidently the phrase commercial domicsle"
was selected and used Intentionally by Chief
usGc,@Fuier for the purpose of conveying the
idea that the rule which that decision afirms
Is broader than would be necessary to merely
open way for the ingress and egrcss of those
Chinese merchants who personally dwell con-
tnuousy within the country. Bouvier's defini-
ton of commercial domicile is as follows
"Thcre may be q commercial domicile acquired
by maintenance of commercial establishment
in a country, in relation to transactions con-
nected with such establishments" fBouvier's
Law Dictionary, fifteenth edition. 557.)
1t il my conc uson, therefore, that the COM
missioners decision should be reversed, and