The San Francisco call., 1897-10-28
If 1t Is Lost, Our Gates Will
Be Open to Chinese
HOrdeS.
NEW LEGISLATION MAY BE
NECESSARY.
Substance of the Femous Decision
Which Null flies the ExcIu-
sion Act.
Special Dispatch to The CALL


SEATTLE, Oct. 27.-In the Federal
court to-day Judge c. H. Hanford placed
on file his written opinion in the famous
case of the United States Government
against Mrs. Cue Linn. 1t was the oral
opinion delivered In this case several days
ago that has satisfied Government off cials
on Puget Sound that Chinese men and
women will be allowed to come into the
United States no matter bow great the
efforts of the Government may be to keep
them out. Now that the written opinion
i on tie it j. said United States District
Attorney Brinker will imm ed ia tely place
its contents before Attorney-GeneraIM Nc
Kenna. The latter, it is expected, will
confer with the Treasury Department.
and If. in the judgment OF the Washing
ton official, Judge Hanford's ruling will
open he gates to Chinese supposed to be
excluded from this country, immediate
steps will be taken to have the decision
appealed from.
Government officers say teat 10 the
higher courts sustain Judge Hanford,
Congress will have TO enact q new law o,
the children of the Orient will have no
trouble in gaining ad mission to the United
States.
Judge Hanford In opening is decision
recites Ihe fact that the defendant is the
wife of Chinese merchant lawfully
domicilen and doing business as a mer-
chant in this State. VI on her arrival
few months ago the Collector of Co stoms
at the port OF her arrival, upon proof
which he considered sufficient that she
was not la borer nor a person excluded
by the laws of the United States from
coming TO his country, and that she was
lawful wife of Chinese merchant.
permit ed her TO land and take up her
resid ence with her hus band but her right
to en- ter was not eviGeDc d by the certifi-
cate prescribed by the sixth section of the
act OF July 5, 1884.
The court here gives section in full,
which is 10 the effect hat a Chinese per.
scn other than q laborer who shall be
about 10 come to the United ates shall
obtain the permis ission of and be identified
as so entitled by the Chinese Government
or of such other foreign Government of
which at the time such Chinese person
shall be subject, IN each case to be evil
denced by a certificate OF such Govern.
m Mt which shall show such permission
has been granted, and shall contain a de-
scription, ETC., OF the subject and shall
certify that such person is entitled by the
act OF Congress to come within the United
States.
Judge Hanford takes up and discusses
the details in connection wit the arrest
of Mrs. Cue Lim. She was arrested be-
cause she came 10 this country without
the certificate from her home Govern
ment.
The question in the case is, saw. the
court, whether she was entitled to be adj
mitted on her arrival without the certif-
cate required OF Chinese persons privileged
to enter by section 6 OF the act of 1884.
already quoted. Judge Hanford refers Ia
a case which came before Judge Deady at
Portland, Or, in 1890. Judge Deadly held
that the wife and minor child OF a Chinese
merchant, lawfully d yelling in the United
States, were not OF the laboripg class and
therefore not excluded from entering. and
further held that section of the act of
1884 was not applicable to such a case.
stating that 1t was impracticable for such
per.ons to comply with the requirements
of that section, and the effect of the stat
ute, if applicable to such cases, must
necessarily be 20 exclude them and de-
prive them of rights guaranteed by the
treaty of 1880 The decision says:
find support for this decision in the
opinion of Judge Sawyer in the case Of An
Moy, wherein he shows that the Chinese
exclusion acts were intended to apply to
laborers a class, and that the wife of
Chinese person has the same status as her
husband and belongs 10 the class to which he
belongs, whether she is in fact q laborer or
Court in the case of Lau Ow Bow Q44U. S. AZ.
54), wherein it was held that Chinese mer.
chant having an established mercantile busi.
ness the United States and maintaining
thereia a commercial domiciIe, upon return
ing from a tenn mporary absence was entitled to
enter and remain in this country without pro-
duclng the certificate required by section OF
the act OF 1884.
In reason it seems to me that this statu te
could not nave been intended by Congress to
apply 10 cases like the one now being consid-
cred; its non-applicability is shown by the
fact that compliance with its requirements on
the part of persons in the situation of this de-
fendant is impossible, and It is unreasonable
to presume that Congress intended to exact
of persons whose right 10 dwell in this coun.
try has been secured by treaty stipulations.
performance of impossible conditions, or to
deprive them of the right to come into this
country for non-performance of such con.
ditions. Ii it was intended to abrogate the
treaty Congress would have so declared in ex-
plicit terms.
would not have felt called upon to write