The morning call., 1892-07-13
MOCK CHEW'S CERTIFICATE.
An Important Question Growing Out of
the Restriction Act

an important Question Growing Out OF
the Restriction Act.
A large number, some 200 altogether, Of
Chinese certificates are being subjected to
careful scrutiny by Collector Phelps at the
present time. An important question is
also engaging the attention Of the United
States Circuit Court at its present term. 1t
affects the right of Mock Chew to his liberty
to go at large in these United States, and
involves first the question as to whether
Chinese COnsuls can be construed to be the
Chinese Government within the meaning of
the restriction act.
Neck Chew was brought before the late
Judge Sawyer in April, 1891. upon a writ OF
habeas corpus. His petition set forth that
he had "a certificate Issued by the Chinese
Government, as required by section of the
restriction act of July 8. 1884, and conform
ing in all respects 10 the requirements
thereon; also that lie is a merchant doing
business at 729 Commercial street, this city
United States Attorney Garter set up tile
following grounds for opposing the landing
Of Mock Chew:
First That the said person is a Chinese a
1aboTeT by occupation. and has never been, pTeyi-
Gus to the fling OF said application, in the United
States.
Second-That the said person arrived at San
Francisco as a passenger on said vessel from
Hong Kong, aud has failed 10 produce 10 the
Collector OF Customs for the port OF San Fran.
CISCO lIc ceIllUcdte OF lOelEilcdti00 by said
Of Congress provided, and which is furnished TO
the Chinese labOreT departing from the United
States by the custOm-house officers Of the port
of his departure.
Thitd-Interyenor denies that the said person
Is entitled to land IN the United States.
FouriD-lntervenOr denies that the certificate
mentioned was Issued 10 the person in whose
Behalf Tie same was made, or that he is the per-
SOD named in said certificate.
Collector Phelps challenged the truth of
Mock Chew's statement TO the Interpreter
with an Endorsement rs follows:
This young man, % years old says he has
been merchant AT Yokohama for six years.
having invested $1,000 six years ago given him
BY bis fatheT. We are asked TO b iieve that his
father gave him at the age Of I6. $1,000 TO Invest
In Yokohama, and $4,000 10 invest in San Fran.
cisco. where neither OF them had been, and that
be actually did make these investments. We
think the story incredible The boy saws the
carlial employed ln ibe Yokohama house Is $780,
GOO, but the counsel says ii is 100000.
The case was thereupon referred to Com
missioner Houghton, who reported in favor
of Mock Chew as follows:
That the above named petitioner Is a Chinese
merchant and subject OF the empire Of China
That lie was ney resident OF the United
States, but presents a certificate of the Consular
T preventative of the Chinese Government al
Yokohama, japan, which entities him. said peii
uoner, 10 nier aDd remain IN the United States
And as conclusion OF law find that said petit
Homer Is entitled 10 Te-enter and remain ia the
United States.
do, therefore. report that, In my opinion,
judgment should be entered hei Elm;
That the SAID petitioner is Illegally restrained
OF his liberty, as alleged In Tie petition herein
and that lie be discharged from tile custody from
which he has been produced and that he 20 hence
without day.
Commissioner HoughtOn and Attorney
Garter appealed from the judgment Of the
District Court, and the Circuit Court Will
shortly decide the issue.