The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-07

IF Chinaman or A Chinese woman -
born in the United States, no subsequent
acts al the parents can dtvest him or ner
Of the rights and privileges Of citizenship.
Tha1rsS in substance the important deci-
sion (which Federal Judge Hanford has
just rendered in the interesting case OF
the United States against Coon Lem. a
similar case never came 10 Judge Han
ford's official notice, and for that reason
the ruling has made an impression among
these who are interested IN Chinese and
Chinese affairs. The ruling does not ap-
ply 70 children OF Chinese parents engaged
il diplomatic service of any foreign gov
eminent. Yesterday morning Judge Han
ford signed an order IN the case OF Coon
Lem. and the good-lo0king seventeen-year-
old Chinanan who a few days ago stood
a good chance OF going back TO The Orient
now enjoys his liberty. lie has a paper
in his possession. signed by Judge Han
ford, which will hereafter protect him, II
government officers should undertake TO
make him trouble,
4 few nights ago United States govern
nlent officers. acting. it Is said, under or
ders from the secretary of the treasury
department. made raid on Chinatown.
They arrested several Cinnamon. Coon
Lem was among them. He produced
certificate. II was signed by white
person and a Chinaman. The law says two
white witnesses are necessary. The GER
tificate was held by the officers 10 be de-
fective and Coon Lem went to jail Judge
Hanford was asked 20 send him back 10
China.
Coon Lem turned the tables on the gov
eminent officers by announcing that he
was a citizen of the United States: that he
was entitled to the same rights and privi-
leges enjoyed by William Mckinley or
John r. Rogers. or any other citizen OF
this country. He told the officers that
the fact that he had a defective certificate
in hts possession did not warrant his de-
portation Judge Hartford allowed the
Chinaman to introduce evidence to prove
his citizenship Coon Lem established
these facts. He was born In a little house
at Main and Commercial streets, in 1880
His father was Ham Yew. There was one
other son Bin Juay was his name. He
is two years older than his brother In
1SS4-Goon Lem was four years old then
Ham Yew took his sons and went 10
China He never came back TO the
United States. One day old Ham Yew
died and China had another funeral. Then
Coon Lem and Bin Juay came to the
United States The flowers that bloomed
In and about Canton were pretty and
fragrant but the sons OF dead Ham Yew
liked America. Through certificates for
warded 10 China from the United States
showing they had been born here. j. 9.
Saunders. then collector of customs. adj
mtted them in January. 1897. Bin Juay
went 10 Spokane 10 live. Coon Lem came
here Mrs. W. T. Wickware, of 1920 Third
avenue. employed him as a cook. Gov
eminent officers never troubled him until
the recent raid, when along with other
children Of the Orient, he was caught
smiling over little game of fan tan down
In the Chinese quarter.
After Coon Lem had established the
foregoing facts he asked to be discharged.
The government officers still objected.
United States District Attorney Brinker
held that regardless of Coon LENS conten-
ton. he was not citizen of the United
States. He took the position that Coon
Lens parents were not domiCiled in the
United States, that their residence here
was transitory and that their real resi-
dence was China. The parents. he said.
had proven that act by coming TO the
United States. residing for a short time
and then returning to their native home TO
spend their remaining days The domicile
of the parents, It was contended. is the
domicile Of tae child and Coon Lem was
a citizen Of China inasmueh as his parents
were citizens of that country.
Walter Fulton defended Coon Lem. He
contended that this boy from the far east
was a citizen. There was a similar case,
Lawyer Fulton said down IN California
In 1884 Look Ting Sing. who had been born
in America. wanted TO enter from China.
Government officers refused 70 admit him
but Chief Justice Field. then circuit court
judge, said he was entitled 10 enter. for
does not the first clause Of the fourteenth
amendment 10 the United States constitu-
ton say that all persons born within the
United States ard subject 70 the iurisdic-
ton thereof are citizens Of the United
States2 Judge Field held that this clause
was broad enough 70 cover the case. Later
Circuit Judge Sawyer. who is now dead
affirmed Fw@+fea Field 3 decision
Lawyer Fulton elaborated en- these de-
oislons and Judge Hauford held that II
was not the province OF courts TO add to
the ambiguous language of the constitg-
ton and said that in his opinion the pro-
visions OF the fourteenth amendment were
clear and explicit and covered the case Of
the defendant. following the decisions Of
judges Field ard sawyer
And that's how Coon Lem escap ped going
f.eAtF fn China