The morning call., 1894-05-10
MANY MERCHANTS AFFECTED
Oiney's Ruling Causes Great
Tribulation.
THE CHINESE HAVE APPEALED.
A Member of the Firm of Gold, Bust
ness s. Co. Sent Back to His
Native Land.

Judge Morrow rendered a decision yes
terday that flied the Chinese and their
attorneys with CONSERVATION. 1t came as
a SEQUEL to the decision given by him a
week ago in which he sustained the ruling
of Acknowledgement Olney that no Chinese
can be permitted to land as merchant
whose name does not appear in that Of the
firm or copartnerShip Of which he claims
to be a member. The ATTORNEYS for the
Chinese at once jumped at the conclusion
that the decision and the ruling which ii
confirmed did not apply to merchants who
left the country before the McCreary act
was passed.
There were 100 such merchants among
the passengers of the Peru when she
came into port one week ago, and there
are MANY still in China who are hoping
that they will be allowed 10 return; but II
the decision of Judge Morr W, rendered
Yesterday, stands, they will be spared the
trouble and expense OF voyage. Tor ne
decided that Olney's rule applies t. those
who left the country before the McCreary
act was passed. The decision was rem
dered in The case of the United States
against Loo Tue Soon.
a petition for a writ of habeas corpus
was presented by Luch Chu Kee on behalf
OF a cOQOITyulaU, LOU i uo OUUBs L uo idl-
ter was passenger on the steamer Peru,
and was detained by the master on the
ground that be was not entltlad to land.
1t was alleged that Loo Tue Soon was a
merchant and mem be- of the firm OF
Gun Lung Il Co., 727 Sacramento street ;
and that he went TO China on January
Is, 1898, before the McCreary act was
passed.
The petitioner for the writ claimed that
he was Loo Tue SOOn's partner. and signed
his name to the petition in English as
Luch Gnu Kee, yet in the testimony taken
before the Commissioner his name ap-
peared as "Jow Kee," and in the list Of
partners. which he gave. his name ap-
peared as Look Jew Kee."
The Chinese on whose behalf the petit
tiOn was presented also appeared under
different names. Loo Tue Loon testified
that he did not understand English; that
he had been a member of the firm Of
Gun Lung IL Co. since 1881, and had
twenty-five partners. Loo Tue Loon also
enjoyed the possession of the name of Loo
Shew Lee.
Jew Kee, or Luch Chu Kee, who signed
the petition Of Loo Tue Soon, produced a
partne nership book which gave the names of
twenty-five partners. This book had evil
DENLY been prepared for the occasion. i
was written one month ago and the names
of the partners ere in English. The firm
name appeared on the book as Gun Lung
& Co., and the court upon Investigation
ascertained thai Gun" means gold" and
Lung" means business
Two white witnesses, who had been in
the employ of j. n. E. Wilson, testified
that they had seen the petitioner at the
store of Gun Lung & Co., and believed
that he was member of the firm.
"My attention" said Judge Morrow,
sis called to the fact that Loo I 1ue Soon
departed from the United States prior to
the passage of the act of November 8,
1898. and it is claimed, therefore. that he
is not required TO furnish the testimony
required by that act. 1t is coDtended that
the act applies only to such Chinese as
shall depart from the United States after
the passage of the act. | ind nothing in
the language of the statute to justify such
an Interpretation of its provisions. The
whole of the act appears to have gone into
operation on the date of its approval, and
| must hold that section 2 applies as well
to those who departed from the United
States prior to its passage as it does to
those who departed after that date"
The attorneys for the member of the
firm of Gold, Business & Co. Immediately
appealed from Judge Morrow's decision TO
the United States Court of Appeals, which
will sit on Saturday morning TO hear argu-
ments in the case.