The record-union., 1894-04-26
RETURNED CHINESE MERCHANTS. "
A Ruling That viii Shut Many of
Them Out.
Only Those to Be Considered in the
Merchant Class Whose Names
Adorn Store Signs.

There is strong probability that Sac
ramento will have a smaller list of So
called Chinese merchants when the
United States Courts in San Francisco
close down the Chinese habeas corpus
proceedings now in progress there than
she had few months ago, although later
on the number will be increased.
AS was shown in the RECoRD-UNIoN
couple of weeks ago, there are now large
number of Cinnamon who left Sacra-
mento to visit China armed with certifi-
Gates sworn to by citizens who claimed to
know them to be merchants, but many of
whom are gardeners. house servants, pro-
prietors and employees of wash-houses.
etc., and who are now waiting to be
| landed, on their return, on the strength
| of such certificates.
| Their chances of again entering this
country are, however, not very promls-
| ing except for the few who are serve
enough" merchants. On Tuesday Col
| lector Wise OF The San Francisco Port
received officially from United States At
torney General Olney his recent decision
in regard to the Interpretation OF the ner-
chant clause of the McCreary Act, and TO
make assurance doubly sure the Collector
at once sent the opinion TO United States
| District Attorney Garter'S office for
] further interpretation. In response
thereto, MIR. Garter sent to Collector Wise
the following letter:
"JOhR II. Vase, Collector Of Customs,
San Francisco, Cd{.-SIR: Referring to
Treasury Department circular No. 81,
| dated Washington. ID. c., April l, 1894,
which you handed me tor inspection this
day, interpreting Section OF the Act of
Congress approved November 3. 1898,
amending the Act approved May D. 1882,
entitled An Act to prohibit the coming
of Chinese into the United States,' and
| incosing the opinion OF Richard Olney,
| Attorney General of the United States,
in relation thereto, it is the opinion OF
this office that as Collector You have no
discretion in the premises, and no right
| to land any Chinese person claiming TO
| be a merchant unless he conducts his
| business either i'll mis- own name or in
firm name of which his own is part
UNLESS he. the SAID merchant, conducts
his business either in his own name or in
a firm name of which his own is part
he does not bring himself within the
statutory definition of merchant as de-
! fined i'll Section : of the Act approved
! Novemb Der 3, 1898.
s'The opinion and circular are explicit
| in their terms, and are especially directed
to Collectors and other officers of the
| cuStOms.' and therefore apply TO all pas
| sengers on the steamer Peru, now in port,
and also steamers, the Oceanic and 9TH
ers, hereafter to arrive, until some au-
| thoritative decision of the United States
Courts of this district is rendered. and of
which you will in due time he fully ad
vised. Very respectfully,
"CHAS. A. GARTER,
"United States Attorney"
Under this order of the Attorney Cen
1 "a L. f,,1l fN,1T he Of
the returned Chinese ''merchant' contin-
gent of this city will have to go back to
China, and that in future the entire fronts
of buildings in Chinatown will be taken
up with signs bearing the names Of al
| legged partners in the mercantile firms do