The San Francisco call., 1897-10-24
Demands Will Be Made for
Certificates From Mer-
chants Families.
PENDING APPEAL TO A
HIGHER COURT.
1t Is Hoped Congress VIII Pass a
Law to Cover the Point
Raised.
Special Dispatch to THE CALI.

WASHINGTON, Oct. 23.-The Depart
ment OF Justice will take an appeal from
the decision OF United States District
Judge Hanford, delivered at Seattle,
Wash, on Thursday. The CALL corre-
spondent was told at the Department OF
Justice to-day that the record in the case
had not yet been received from the Dis
trict Court, and consequently it could not
be determined yet whether the appeal
would be made to the United States Su-
preme Court, or to the United States
Court of Appeals. but it is certain that an
appeal will be taken, for Judge Hanford' s
decision is regarded as disastrous, and it
will practically have the effect of nullify-
Ing the Chinese exclusion act.
An official of the Department of Justice
said he had only read a brief dispatch
from Seattle. which gave the courts de-
cision, without stating the character of
the case. He said that if it involved the
treaty with China. it would come before
the United States Supreme Court, but if it
was a criminal case IL could be appealed
to the United States Court of Appeals
Assistant Secretary of the Treasury
Spalding, who has charge of immi grafton
matters, regards the decision as one OF
grave importance. He said that it would
have the effect of letting down the bars to
the Chinese, and that the remedy must
rest with Congress.
Assistant Secre tary Howell, who h as i'm
mediate supervision OF matters affecting
Chinese immigration, agrees with Mr..
Spalding. Il have not seen the decision
of Judge Hanford," said he, bat from a
brief dispatch printed in the Eastern
newspapers 1t seems that the decision is
at variance with that given to us some
time ago by the Solicitor of the Treasury" !"
'In what way will it seriously interfere
with the exclusion aCt?" Mr.. Howell was
asked, and he replied: LAS | understand
the decision Judge Hanford holds that
merchants returning 10 the United States
may bring with them their wives and chill
dren and they need not present any GER
titcates of identity. The Chinese are
polygamists and it might lie claimed that
they had the right TO bring in more than
one woman; but even if they are restricted
to only one wife the effect will be that
there will be a vast numb ber OF women
brought IN for immoral purposes, and this
is one of the m ost odious features of Chi
nese immigration and one that we have
tried hardest to stop. Then, BESIDES the
admiss OF children of merch ants will
be quickly taken advantage of by the willy
Chinese. A child might be a grown
man, vet as we understand this decision
children are 10 be admitted"
What action will the department take
pending decision OF a higher court Y'
Howell was asked.
Why, we will go right along and en-
force the law as usual" said he. Judge
Haniord is only one United States judge
OF many and the department will certainly
not accept his decision as final and bind
ing upon us, especially rs the Solicitor
General OF the Treasury has rendered us a
decision directly Contrary 10 that OF Judge
Hanford. l think before the. Seattle test
case ls settled in a higher court (upon ap-
peal made by the Attorney-GeneraD Con-
gress Will have remcdied this defect in the
exclusion act. Therefore, The Pacific
Coast people have no reason TO be
alarmed"