The morning call., 1894-05-04
OLNEY Is RIGHT.
An Important Ruling by
Judge Morrow.
A Prospect of Further Friction
Between Collector Wise and
Attorney Garter.

Judge Morrow rendered decision yes
terday that threw the Chinese ring and its
legal advisers into hys'erics-a decision
that put an end TO the landing of coolies
as merchants and cut off the resources of
several mem bers Of the legal fraternity
who have prospered by serving the Mon
golians.
Heretofore Chinese have been landed IS
merchants who we're able TO show that
they had some interest. real or feigned, in
a mercantile firm. 1t was not difficult to
find witnesses willing TO swear that they
were what they prUfessed to be, and they
were landed in droves. There were 500 of
these merchants" on the Peru. One of
them, Quan Gin, swOre that he was men,
ber of the firm of Yew Gee 81 Co., IL
Waverly place. Two white men who do
business in Chinatown testified that they
knew Quan Gin was member Of the firm
and Commissioner Heacock permitted him
to land.
United States Attorney Garter. who had
received instructions from Attorney-Gen-
eral Olney setting forth who were and
who were not entitled to land as mer-
chants. appealed the case to the United
States District Court and Judge Morrow
reversed the decision of the Commissioner
and gave his reasons as follows:
The question submitted TO the court for de.
termination Is as TO the character of evidence
required to establish the fact that merchant
is conducting business In his own name. Must
his name appear either Individually or as a
artner ID The conduct OF the business?
The attention OF the court has been called 70
an opinion OF the Attorney General OF the
United ST tes, datrd April 6, 1894. In which he
holds that: "a Chinese person does not bring
himself within the statutory definition of mer-
chant unless he conducts his business eth 7 10
his own name or IN hrm name OF which bis
own is a part"
the law that such an Interpretation will ex-
clude nearly eV ry Chinese merchant seeking
TO enter the United States since 1t Is claimed
that Chinese merchants do not as a rule con-
duct their business affairs in Individual or part
nership names. This may be so, but II 1t is so.
II is a consideration to be addressed to the law.
making power and not TO the court.
The AT orney General gives a most convinc-
Ing reason for his Interpretation OF the statute.
He says: "This requirement that merchant
must conduct the business 10 his own name
can have but one purpose, to Wit: that he who
j. a merchant 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 be defeated II 1t were possible TO con-
ceal his identity by trading under an assumed
name or under the disguise Of Co."
When IL is considered how easy IL is for
Chinese person seeking admission into the
United States TO claim a small interest In the
business OF buying and selling merchandise IL
is evident that The statute has been wisely
framed to prevent the admission of Chinese
persons into the United States upon the tcti-
tious and fraudulent claim that they are mer-
chants.
tion is made by Chnaman for entrance into
the United States on the ground that he was
formerly engaged in business in this country as
a merchant he must before being admitted
establish by The witness OF two credible per-
sons other than Chinese, among other things,
that be conducted the business In which he was
engaged either in his own name or in firm
name OF which bis own is part.
The attorneys for the Chinese will ap-
peal from this decision to the highest
court, for as Attorney Garter stated it
makes Ii next to impossible for a Chinese
merchant to land, because what are sup
posed to be names of firms or members OF
firms display sd on signs and letter heads
are fancfu or lucky" names or words,
and do not designate partners or proprie-
tors. When Collector Wise was landing
merchants" from the Belgic and Peru he
received two letters from the United States
Attorneys Office calling his attention TO
Acknowledgement Olney's definition of
merchants. aud asking why he was admit
ting Chinese who had not the required
qualification.
The letters were written by Assistant
Attorney Witter in the absence of Garter,
and were received by Wise. but when
Garter returned he made haste to disarm
responsibility for the action Of his as
sistant, and assured the Collector the let
ter was written without his knowledge or
consent.
Witter was elated when he read judge
Morrow's decision. and upon meeting Wise
asked what he was going to do about il.
1.-THE Collector told me-" said the AS
sistant Attorney, that he did not care
what decision had been rendered, as he
was going to obey instructions sent him by
the Secretary of the Treasury"
"Andwhat are you going to do about
it?"
"Wbile this decision stands it is the law.
and if Wise persists in landing Chinese
against the ruling of the court he will be
enjoined."
He Opened Letters.
Arthur Bell, boy, who was recently ar