The morning call., 1893-05-07
THREE BROWN MEN
Chinese in an Eastern
Court.
MAKING UP A TEST CASE.
Arrested for Violating the Geary Law,
and the Cases Appealed to
the Supreme Court.
MAKING UP A TEST CASE.
Special to THE MoRNINe CALL

NEW YORK, May 6.-Three mesk-appear-
ing Cinnamon, who have violated the Chi
nese exclusion act by falling TO register as
required by law, walked into United States
Marshal JscobuS' office in this city this
morning and were immediately placed IN
der arrest. Their names are Wong Quan,
laborer, Mott street; Lee Goe. costumer,
2702 Third avenue; Fong Yue Ling. Mott
street. They voluntarily surrendered them
selves by the advice of eminent lawyers in
order to test the legality of the Chinese ex-
clusion 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 FonE 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. RiordaD, counsel for the powerful Chi
nese Six Companies at San Francisco which
are defraying all the expenses of the test
cases. RIordan came here from San Fran
cisco two weeks ago. United States District
Attorney Mitchell appeared to prosecute.
Through an interpreter Wong Quan ad-
mitted that he was laborer, a resident OF
the United States since May 5, 1892. when
not applied for a certificate of residence, as
required by law, nor had he troubled HIM
self at all about 1t. and he had no excuse to
offer for not doing so. His lawyers ap-
peared as anxious as Mitchell to have him
adjudged 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
ferred from Wong Quan's, inasmuch as his
lawyer said he was without the necessary
certificate through unavoidable cause"
but was not able TO prove so by any white
persons, nor was he able 10 show by any
white person that he was in the country on
May 8, 1892, as the law required.
- The exclusion Test, according to the Geary
law, is that when a Ch!naman applies for
registration the Collector of Internal Rev
: enue may refuse to register him unless he
shows by reputable witnesses that he is en-
titled TO the protection that registration
guarantees.
If at the end of the year the Chlnamau
Sill remains unregistered lie is liable to ar
rest, when lie then must prove, by at least
Qne reputable white citizen, that he has re-
sidedin this country prior TO the passage Of
the Chinese exclusion act. Lee G0e had
applleu 20 lu6 1niernal revenue collector
April Il, but was refused registration on
tae ground that Gay Mamie. Chinese in
terpreter, whom Choate officially designated
as Chinese gentleman" was not. in the
opinion of the Collector. a reputable wit
ness, because he was g Chinaman. Judge
Brown signed the papers for the expulsion
of Lee Goe.
The third case, that OF Fong Yue Sing,
an Amerieanizsd Chinamsn, who wears
neither blouse nor cue. was not taken
before Judge Brown. but before Judge La
c0mbe. who also ordered the prisoner de-
ported 10 China.
: In all three cases the counsel applied to
Judge Lacombe for writ of haheas corpus,
which was denied, in accordance with the
pTearranged plan of counsel on both sides,
and counsel then gave nutice 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
The representatives OF the Six Companies.
The cases, the District Attorney said.
would be heard by the Supreme Court in
Washington next Wednesday.
The proceedings were closely watched by
Yung Kui, by member of the Chinese
legation at Washington and Vice-Consul
Wing OF this city,