The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-29
YOT SANG YANKED IN
This Helena Business Man Discovers
an Error in the Laws.
CHINESE LAUNDRY LAWS
Another Test to Be Made-A Fed
erai Question Raised-The Moon
Eye says he viii Go to the
y. >. Supreme Court

over I'm Helena they are making an
other attempt to test the validity OF
the Chinese laundry license law. or
when Judge Speer was recently revers.
g., " ene supreme court. The new &C.
ton mas been brought in the United
states court and a federal question is
raised. The Independent has the fol.
rowing statement of the case:
lot sang was taken into custody
yesterday morning by the sheriff on a
warrant charging him with a violation
OF the license law, inasmuch as he had
not paid the license required by the
codes for conducting a hand laundry.
Immediately afterward a writ of habeas
corpus was applied for by Lieutenant
governor Botkin, the attorney for the
Chinese who are Interested I'm the case.
Judge knowles made IL returnable to-
/ morrow forenoon.
The proceedings are instituted to
test the validity of the law, which the
supreme court of the state has already
twice upheld. Governor Botlxin Is going
10 take the issue up on different
grounds than have heretofore appeared.
lie VIII go to the supreme court of the
united states, If necessary, for. II the
ground he stands on is justifiable. there
Is not one. but several, federal ques-
lions involved. 1t is claimed that the
law Is in violation of the constitution
OF the United States, the laws passed by
congress, and the treaties that now ex-
lst between the United States and
China.
Several months ago a suit was he
gun before Judge Blake to test the va
lldlty or the same statute. Judge Blake
decided that IL was not constitutional
put the state supreme court soon af-
terward took try at IL and reversed
tne judge of the lower court. After
that several Butte LAWYERS raised a
question that
OF the law in its entirety, in the case of
camp Sing, which was decided by the
supreme court at the beginning of the
present month. The grounds upon
which that issue was made was that
the state could not properly levy a IL
cense, but must leave the duty to the
smaller subdivisions. The supreme
court made short work of the conten-
tons of the lawyers on that side. They
upheld the law again. after the district
court of Silver Bow county had decided
that 1t was not good
That would have been the end of the
question If the United States courts did
not exist for purpose. 1t is to them |
that, in the name of Yot Sang. the |
Chinese will now appeal.
The license on hand laundries is sos /
a quarter, and on steam laundries but |
sl5 for the same period. The statute
provided that male persons shall be
ilapit W pay. II Is clalmeu tnat the de-
sign of the provision making the license
for hand laundries greater than that
for steam laundries was to shut out a
particular class, since practically all I
the washermen in the state are Chi
nese. This is claimed to be in violation
OF the Fourteenth amendment to the
of the United States, which
says that the state shall not deny to
any person within its Jurisdiction the
same protection of the law that is af-
forded to every other person. 1t is also
claimed that IL is in violation of the
statute made to carry into effect the
provisions of the amendment; and,
further. that il is in violation of the
treaty between the United States and
China of 1894.
There is another point involved,
on the exception of women
from the operations of the law. 1t is
not to be claimed that women who sup
port their husbands by taking in wash
ng wherever they can ought to be
fned for II, but that the provision maxi
ng license for only male persons is
N violation of Section 1877 of the re-
sised statutes. which says that 'An per-
IONS shall enjoy the same burdens, ex-
actions, licenses and SO forth. That
point has never been raised In Montana
Tor anywhere else, so far as the attor-
leys know.
THE arrest of Yot Sang is a mere
ormality. He will be released from
lctual custody, whatever may be the
iecision of Judge Knowles. and IL is
probable that the suit will be carried
m to the highest court" ff ~