The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-12-16
THEY CAN COME
Continued IRON First Page.)

are ia5uriously effected unless COM
PEELED 10 do so by language so clear and
positive as TO leave no room to doubt
that such was the intent OF the Legis-
lature."
The Court cites numerous cases at
hrming this principle.
IN the case before me, | ask, what |
injustice could be more marked than
10 require as a prerequisite TO certain
of the petitioners, rights TO re-enter
these Islands, the production Of GER
tifcate Of residence in the United |
tates required by the statutes OF the
United States when il would be impcS- |
sible for them TO possess it, since none
OF them were ever in the United
States? Can 2 residence in Hawaii
be construed 20 be residence in the
United States because subsequent TO
such residence Hawaii became United
States territory?
a Chinese IaEorer" can obtain per-
| mission TO re-enter the United States if
| he has 2 lawful wife, child, or parent
| in the United States, or property there
| in OF the value Of 81 600, or debts to
that amount due him pending settle
ment These particulars i:1ust be put
| in writing and deposited with a Col
| lector OF Customs. Also a certificate OF
| registration before Commission of In
| ternal Revenue with particulars deS-
| criptive OF MS person, his photograph.
| etc These must be identified and
| found correct and then he may receive
| a certificate Of his right to return,
| which must be exercised within one
| year This certificate must be pro-
| cured by the nan himself while in the
! United States.
| A Chinese Official, teacher, student,
| merchant, or traveller, not a laborer,
| 10 gain admission in the United States
| must present q certificate from his own
| Government or the Government where
! where he last resided, vised by the
| Diplomatic or Consular representatives
| of the United States where he last re-
sided.
It is absolutely impossible that any
of the petitioners could have obtained
either Of the above prescribed certif-
icates.
Their status is such as Will not al
low them to come into the country in
| accordance wi United States law. 1t
may be said that the right to enter a
foreign country is not right unless
secured by treaty, but l can see 10 dit
| ference SO far as the petitioners are
| concerned between the right to enter
a foreign country secured by treaty
than one secured by the statute OF the
| country which the Chinese desires TO
enter The United States Courts treat
| law enacted by Congress as equal in
| validity with a treaty, and if the stat
ute Is IN conformation of a former
treaty. the Courts recognize the statute
| as being the last expression of the Will
OF Congress and valid.
| can find nothing in the Resolution
which manifests the intention of Con-
gress to include IN the operation OF the
| United States statutes, Chinese who
have permits 70 enter this country
under Hawaiian law and / am unwill-
ing, without more explicit legislation
TO say that the Congress of the United
States intended to perpetrate the in
justice OF shutting the doors Of Hawaii
in the faces Of those who seek admis-
sion by virtue OF their permits and
! without notice that they had been an
| nulled by the fact of Annexation Of
| Hawaii to the United States. They had
right TO reply upon the provisions CT
the Resolution of Annexation itself
| that until Congress should provide for
the government OF these Islands, Ha-
waiia0 legislation continued in force,
and though future immigration was
forbidden, there was nothing in the
Resolution to warn them that theii
permits were invalid.
That Congress could not have in
tended that the United States statutes
respecting Chinese immigration shouic
have a retrospective operation IN tnS
Hawaiian Islands, is evidenced by the
fact that the Resolution itself does no
provide for any means OF Furnishing
infractions Of the United States laws
either against the shipmaster WIZ
brings Chinese here without comply
ing with the laws, or for the deporta
ton OF the Chinese who are found here
without the necessary credentials OF
for the appointment of an United
States Marshal to execute the law, o.
for the establishment of United State!
Court, or Commissioner, or other of
fetal who shall have the authority tt
adjudge whether the law has been VIC
lated.
The Resolution contains the proVi
sion that in the interim between thu
passage of the Resolution and the en-
actment of a government for these
: Islands, the existing powers OF its OF
fcials, civil, judicial and military
shall be vested in such persons and bt
exercised in such manner as the
President of the United States shall
direct" This power to the Presiden
would not permit him to direct ar
Hawaiian official TO perform duties no
authorized by or contrary to such Ha
waiian law. The respondent is tbs
Collector General Of Customs OF Ha
wall, and by the terms of the Resolu
ton which in the interim continue!
the existing customs relations or th1
| Hawaiian Islands with the United
States and other countries" he exc
cutes Hawaiian laws. Honolulu is still
a foreign port" in this respect.
cannot see what protection the re
spondent would have in a Hawaiian
ho oh 70 do Az