The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-28

California TO grant an application for a
writ of habeas corpus made by Lem
MoonSing, who was barred from entry py
the collector of the port of San Francisco.
Lem Moonsing was engaged in business.
member of the wholesale drug firm OF
kee San Tong & Co., of San francisco,
and in January, 1884, went 10 emma, IN
tending to return to his business. during
his absence the appropriation act OF Au-
gust is, 1894 was passed, containing an
item of $4,000 for officers to enforce tne
Chinese exclusion act and expenses or de-
porting Cinnamon. He returned in NO
Vember of the same year. and the collect
or at San Francisco refused TO admit nm,
although he furnished the testimony or
two credible witnesses showing that he
had been engaged in business as mer-
chant for two years before leaving the
country.
Application was made to the district
court for the northern district of Cali
fornia for a writ of babeas corpus. based
on these facts and the further point that
he was not held by any judicial process.
The writ was denied anu an appeal taken
to the supreme court.
Justice Harlan, in the opinion delivered
by him for the court, rested the case
upon the statute providing that the de-
ciSionS of emigration OF customs officers
refusing admission TO aliens shall be hnal
unless reversed on appeal TO the secretary
OF the treasury. justice Harlan quoted
several former opinions OF the court 10
the effect that "eVery sovereign has the
power. inherent in sovereignty and es-
entrance of foreigners"
The contention was made by the China
man s attorneys that While immigration
officers had Jurisdiction to exclude an
alien, who was not entitled 10 entry under
some statute or treaty, the exclusion OF
an alien entitled (or claiming 10 be en-
titledJ TO enter by law, if it resulted In
restraining the alien Of his liberty, pre-
scented a judicial instruction, but Justice
Harlan said this view If sustained would
bring into the court every case or the
sort and defeat the manifest purpose of
Congress in committing to subordinate
immigration officers and TO the secretary
of the treasury exclusive authority to de-
termine where aliens seeking ADMISSION,
belong to the class by law or treaty 10
enter.
In affirming the general right to exclude
aliens. Justice harlan said.
is a statute passed in execution Of that
power any less applicable TO an alien who
has acquired a commercial domlc1le in
this country, but who, having voluntarily
left the country, claims the right under
some law or treaty TO re-enter II! we
think not. The words of the statue are
broad. and include every case of an alien,
at least every Chinese alien, VINO, at the
time of its passage, is out of this cOun-
try and seeks to come back. He is none
the less an alien because of his having
commercial domicile in this country.
While he lawfully remains here, he is en-
titled TO the benefit of the guarantee OF
life, liberty and property, secured by the
constitution TO all persons of whatever
race, within the jurisdiction OF the United
States. His personal rights, when he is
in this country, and his property here
during his absence. are as fully protected
by the supreme law of the land, as If he
We're a native or naturaliZed citizen of the
United States. But when he is Voluntar1-
ly absent from the country, beyond it's
jurisdiction, he, being an alien, cannot re-
enter the United States in violation of the
will of the government as expressed in
enactments Of the law-making power. He
left the country subject TO the exercise by
Congress of every power it possessed I'M
der the constitution"
The remedy Of the appellant was by an
appeal to the secretary Of the treasury.
If the act of 1894 takes away from the
alien appellant any right given by pre-
vious laws or treaties to re-enter the
country, the authority of Congress to- do
that cannot be questioned, although it is
the duty of the courts not to cOnstrue
an act of Congress as modifying or an
nulling treaty made with another ma
ton, unless the words clearly and plainly
point to such a, construction.
In conclusion, Justice Harlan said the
court did not express any opinion upon
the question whether Lem Moon Sing was
entitled to re-enter the United States.