The herald., 1893-09-19
GAMBLERS ARE LABORERS.
Judge Ross Decides a Kn0tty
Point of Law.
All Fawn, the Fan Tanist, Must Go
Back to China.
Htehbindors and Card sharpers Come
Within tho Province OF the
Gea-y Act-Points OF
the Decision.

Judge Ross handed down yesterday
his opinion in the case of All Fawn.
The Judge declares that highbinders
and gamblers are also laborers, and
therefore subject to the penalties of the
Gsary act.
All Fawn must return to his native
land and his brother gamblers muet
coon follow him.
Considerable credit in connection
with the decision muet be given to At
torney Dunlap, who spent several days
and the greater part OF two nights in
hunting up the diplomatic correspond
ence which passed between the United
States and China at the time of the
passing OF the several treaties between
the two countries.
The following extract from the opin-
ion is virtually the point upon whic h
Judge Ross relied in declaring A h Fawn
laborer.
The passage is as follows: f'The his
tory OF the negotiations, as already de.
tailed, clearly shows that throughout
them the United States commissioners
insisted that the words Chinese labor
ers' should include all immigration
other than that for teaching, trade,
travel, study and curiosity"
The decision continues as follows: ut
is clear that the words Chinese laborers'
employed in the treaty Of 1850 are not
limited to those who do hard work, but
that they are broad enough in their true
meaning and intent to include Chinese
| U MI hIaro and thinh nd n1 f1~
the reasons already given, 1t ls manifest
that congress-, in passing the act of May
B, 1892, did not use the words Chinese
laborers' in any narrower sense than
were the same words in the treaty under
which it was legislating."
In reference to the particular case in
issue Judge Ross says: "The evidence
in the case clearly shows that the de-
fendant is, and has been for several
years last past, a gambler, engaged in
conducting games OF chance in this
city. in other cases submitted with the
present one the evidence shows that the
defendants, in addition to being gam
blers, belong to the criminal class COM
monty called 'highbinders.' The sixth
section of the act in question applies
only to Chinese laborers' within the
limits of the United States at the time
of the passage of this act, and who are
entitled to remain in the United States.
Undoubtedly gambler is not a
laborer in the ordinary and popular
meaning of the term; nor is high
binder, whose avocation is understood
to be the commission OF any and every
species of crime.
''In the act in question, congress did
not define the terms 'Chineee laborers"
employed by it. To ascertain the true
meaning of the words used, the true
purpose of the act must be considered.
As its sixth section, providing as it
does for the expulsion from this country
of the Chinese laborerH within it, at the
time of the passage OF the act, who
should fail to comply with its provisions.
whether they came here at the invita-.
ton of our government or otherwise, in
it's stringency went far beyond the ex-
listing treaties between the two coun-
tries, it would be altogether nnreason-
able to hold that the words Chinese
laborer' in that very section OF the act
were used in any narrower eense than
were the same words in the treaty un-
der which congress was legislating."