The morning call., 1894-04-26
GARTER TO WISE.
The Collector Called to
Account.
TOO MANY CHINESE LANDED !.
No Attention Paid. to Olney's
Instructions.
FRICTION BETWEEN OFFICERS.
Five Hundred Merchants on Shore
Who Should Have Been De-
tanned for Investigation.
FRICTION BETWEEN OFFICERS.

The Interpretation and enforcement of
the laws against the Chinese is the cause
of growing friction between Collector
Wise and United States Attorney Garter.
Instructions were received from Attorney
General OlneY some time ago defining the
word merchant in way that is anything
but pleasing to those who are interested in
securing the admission of Chinese labor
ers. and which, if rigidly enforced, would
prevent the landing of many who are COM
ing under false representations. The at
torney's definition was given In the form
Of the following circular addressed to all
Collectors of Customs by the Treasury De-
parment'
DEPARTMENT OF JUSTICE, /
WASHINGTON, ID. c., April 6. 1894.
Hon. Secretary Of the 1Tedsury-SIR: l
have the honor TO acknowledge yours OF the Sd
inst. in which my opinion is requested upon
the question:: whether member OF Chinese
coparIDerShlp whose name does not form part
OF the firm name under which the cODartner-
ship business is carried on can leave the
United States and return thereto as merchant
under section OF The act approved November
3, 1898, amending the act approved May 8,
1892. entitled IAN act TO prohibit the coming
OF Chinese persons into the United States?"
Section 2 of the act referred 10 defines mer-
chant In the following language: "a merchant
Is q person engaged In buying and selling mer-
chandise at fixed place of business, which
business Is conducted in his name, ana who
during the time he claims TO be engaged az
merchant does not engage In the performance
of any manual labor except such as is neces-
sary in the conduct OF his business as such
merchant"
This requirement that merchant must con-
duct the business 10 his own name can have
bul one puI pose. TO wit: that he who IS mer-
chant in fact shall also be known to be such by
the parties with whom he deals and by the
public generally. That purpose could readily
pc defea ed IL II were permissible TO conceal his
Identity by trading under an assumed name or
under The disguise Of a Go" l am therefore
of the opinion that Chinese person does not
bring himself within the statutory definition of
a merchant unless he conducts his business
either in his own name or in firm name Of
which his own is part.
RICHARD OLNEY, Attorney General.
Since the above circular was received
the Collector has landed, according to
United States Attorney Carriers estimate.
500 Chinese merchants" Many OF these
came on the Belgic, and there are many
more on the Peru. OF these latter about
100 were landed yesterday, and Mr.. Garter
decided that IL was time to remind Mr..
Wise Of the Attorney-Generaps instruc-
tons. He accordingly wrote him the fol-
lowing letter:
SAN FRANCISCO, CAL, April 20, 1894.
Hon. John II. WISE Collector of Customs
SIR: This ONCE Is informed, notwith-ta nding
the instructions of the secretary OF the Treas.
my, dated the lOth INST, ana the opinion OF the
Attorney Grneral OF til 9th inst, as contained
10 Treasury Department circular. No. 50. pro-
hlblting the landing of Chinese merchants al
this port who are not conducting busin. IS under
their own names or whose names 90 not appear
In the firm names in which they claim MEMBER
ship. and the further advices of this office of
date April "a, 1894 that you and your depu-
ties sill continue to land said merchants In
large numbers from the steamship Peru now In
port. VIII you please advise me IN regard TO
the facts and your reasons for said action?
Yours respectfully, CHARLES A. GARTER,
United States Attorney.
Collector Wise was not at his Office yes
terday afternoon and his subordinates re-
fused TO give any reason for his apparent
disobedlence of the Attorney Generals in
atr