The record-union., 1893-05-08
CHINESE REGISTRATION ACT.
Test Cases Come Up Before the q. ;.
District Court in New York.

Test Cases Come Up Before the U. ;.
District Court in New York.
New YORK, May Three meek-ap-
pearing Cinnamon, who have violated the
Chinese Exclusion Act by failing to reg
lster as required by law, walked into
United States Marshal Jacobus' office in
this city yesterday and were Immediately
placed under arrest. Their names are
Wong Quan, laborer, Mott street; Lee
Goe, costumer, 2702 Third avenue; Fong
Yue Ling, Mott street. They volun-
tarily surrendered themselves by the ad-
vice 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 and was prepared to hear two of
the cases. The case of Fong Yue Ling is
to be brought before the United States
Circuit Court, Judge Lacombe.
The case of Wong Quan was first called.
The chief lawyer for the Cinnamon
was Joseph II. Choate, and with him
Thomas D. Riordan, counsel for the pow
erful Chinese Six Companies at San
Francisco, which are defraying all the
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 laborer, a resident
OF the United States since May 3. 1892.
when the Geary Act became law; that
he had not applied for certificate of res
idence, as required by law, nor had he
troubled himself at all about it, and he
had no excuse to offer for not doing so.
His lawyers appeared as anxious as Nit
chell to have him adjudged guilty of vio-
lating the law, and Judge Brown re-
manded him to the custody of the United
States Marshal to be deported to China.
Lee Goes case was then called 1t diff
fered from Wong Quan's, inasmuch as
his lawyer said he was without the neces-
sary certificate through unavoidable
cause" but was not able to prove so by
any white person that he was in the
country on May ., 1892, as the law re-
quired.
The exclusion test, according to the
Geary law, is that when Chinaman ap-
plies for registration the Collector of In
ternal Revenue may refuse to register
him unless he shows oy reputable wit
nesses that he is entitled to the protection
that registration guarantees.
If at the end of the year the Chinaman
still remains unregistered he is liable to
arrest, when he then must prove. bv at
least one reputable white citizen, that he
has resided in this country prior to the
passage of the Chinese Exclusion Act.
Lee Goe had applied TO the Internal Reve-
nue. Collector April llth, but was refused
registration on the ground that Cav
Mamie, Chinese interpreter, whom
Cnoate officially designated as Chinese
gentleman" was not, in the opinion of
the Collector, a reputable witness, because
he was Chinaman. 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 a cue, was not taken
before Judge Brown, but before Judge
Lacombe, who also ordered the prisoner
deported to China.
In all three cases the counsel applied to
Judge Lacombe for writ of habeas
corpus, which was denied, in accordance
with the prearranged 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 We're admitted to
bail in $500 each which was procured by
the representatives of the Six Companies.
The case, the District Attorney said,
would be heard by the supreme Court in
Washington next Wednesday.