The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-07
CHINESE EXCLUSION ACT.
Testing the Constitutionality of
the Law.
cELEsTIALs IN COURT.
Proceedings Begun Before a United
States Judge in New York.
Three Cinnamon Adjudged Guilty and
Ordered to Be Deported-The Cases
Appealed to the United States
Supreme Court.

NEW YORK, May 6.-Th1ee meek ap-
pearing Cinnamon who have violated the
Chinese exclusion act by failing to regis
ter as required by law walked into United
States Marshal Jacobs Office in this city
this morning and were Immediately
placed under arrest. Their names are
Wong Quan, laborer, Mott street, Lee
Goe, costumer, 27O2 Third avenue; Fong
Yue Ling, 1 Mott street. They volun-
tarlly surrendered themselves by
the advice of eminent lawyers,
in order to test the legality
of the Chinese exclusion act. They were
taken into the United States district court
where Judge Brown was sitting, prepared
to hear two of the cases. The case of Fong
Yue Ling was brought before the United
States circuit court, Judge Lacombe.
The case of Wong Guam was first called.
The chief lawyer for the Cinnamon was
Joseph II. Choate, and with him Thomas
d. Riordan, counsel for the powerful
Chinese six companies of San Francisco,
which are defraying all expenses of the
test cases. Riordan came here from San
Francisco two weeks ago. United States
District Attorney Mitchell appeared to
prosecute.
Through an interpreter Wong Quan
admitted that he was a laborer, a resident
of the United States May 5, 1892, when
the Geary act became law, that he had
not applied for certificate of residence
as required by law, nor had he troubled
himself at all about it, and he had no ex-
cuse to offer for not doing SO. His law
yers appeared as anxious as Mitchell to
have him adiudged guilty of violating the
law, and Judge Brown remanded him to
the custody of the United States marshal
to be deported TO China.
Lee Goes case was then called. 1t diff
Tered from Wong Quan's, inasmuch as
his lawyers said he was without the nee
essary certificate through unavoidable
cause, - but was not able to prove sc
by any white persons, nor was he able to
show by any white person that he was In
the country May 5, 1892, as the law re-
quires.
According to the Geary law, when
Chinaman applies for registration, the
collector of internal revenue may refuse
to register him unless he shows by reput-
able witnesses that he is entitled to the
protection that registration guarantees. If
at the end of year the Chinaman still
remains unregistered he is liable TO ar
rest, when he then must prove by at least
one white citizen, that he has resided in
this country prior to the passage of the
| Chinese exclusion act. Lee Goe had APP
| pied to the internal revenue collector on
| April IL, but was refused registration on
the ground that Gay Mamie, the Chinese
interpreter, whom Choate officially desig
mated as 'sa Chinese gentleman, - was
not, in the opinion of the collector re-
putable witness, because he was China
man. Judge Brown signed the papers
for the expulsion of Lee Goe.
The third case, that of Fong Yue Sing,
an Americanized Chinaman who wears
neither blouse nor cue, was not taken be-
fore Judge Brown, but before Judge
Lacombe, who also ordered the prisoner
deported to China. In all three cases
counsel applied to Judge Lacombe for a
writ of habeas corpus, which was denied
in accordance with the pre-arranged plan
of counsel on both sides, and counsel then
gave notice of an appeal to the Supreme
court of the United States. The three
Cinnamon were admitted to bail in $500
each, which was procured by representa-
tives of the Six companies.
The cases, the district attorney said,
would be heard by the Supreme court in
Washington next Wednesday,. The pro-
ceedings were closely watched by Yueng
Kui, by members OF the Chinese legation
at Washington and by Vice Consul Wing
of this city,