The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-21

survive. n a further declaration that
their presence In this country was preju-
dicial to and endangered the good order
Of certain localities within the territory
thereof.
The act of Congress of Use. aud as
amended by the act of 1891. was accepted.
a~S -~,.ss No understood as a prescription
against the admission of Chinese subjects
.I.to ,ne mated states by land or water.
and any Chinese person found unlawfully
within the United States. shall be caused
to be removed therefrom to the country
from whence he came. at the cost OF the
United States. after being brought before
some justice. judge or commissioner OF a
court of the United States and found to
be not lawfully entitled to be or remain
in the United States.
The first step that was taken to pro-
tect free white labor against competition
with Chinese coolie labor and discour-
age the immigration of Chinese into the
United States. was taken by the miners
of the state of California in 1854. and in
1855 resulted in tee passage of a law
which fixed the rate of a foreign miners
tax at 81 a month as to all foreigners
eligible to become citizens of the United
States and as to all foreigners 'ineiigi-
BILE to become citizens of the United
States increased IL 81 n month for every
successive year. ad infinitum. The agi-
tation of this question. which was so vi
tai to the people. continued. and their OPP
position thereto was made manifest by
further legislation by the legislature of
California in 1858 by an act entitled An
act to prevent the further immigration of
Chinese or Mongolians to this state The
subject matter of this act is noted I'm. the
two sections following:
Ion and after the first day of October.
A. ID. 1858. any person or persons of the
Chinese or Monaghan races shall not be
permitted to enter this state or land
fhnrafn mr. at anN mart ar marty th.r.nfs
and IL shall be unlawful for any man or
person, whether captain or commander.
or other person I'm charge of or interested
in or employed on board of. or passenger
upon any vessel or vessels of any nature
or description whatsoever. to knowingly
allow or permit any Chinese or Monaghan
on and after such time to enter any of
the ports of this state. to land therein or
at any place or places within the borders
of this state: and any person or persons
violating any of the provisions of this
act shall be held and deemed guilty of
a misdemeanor, and upon conviction
thereof shall be subjected to a fine in any
sum not less than 800. nor more than
5000. for each and every ofense. or i'm
prisonment In the county Jail of the coun-
ty In which the said of nse was commit
ted. for a period OF not less than three
months. nor more than one year, or by
both such fine and Imprisonment
THE landing of each and every
Chinese or Monaghan person or persons
shall be deemed and held as a distinct and
separate offense. and punished according
ly.'
enced and urged on by the continued OPP
position of Americans to Chinese coolie
labor. in 1862 passed an act entitled An
act TO protect free white labor against
competition with Chinese coolie labor. and
discourage the immigration of Chinese
into the state of California
las early as ls45 the states of New York
and Massachusetts, by and through their
legislature, enacted laws imposing a di-
rect tax on alien passengers, the former
state a tax of a dollar on cabin and a
dollar and a half on steerage passengers.
and the latter state a tax of 81 on each
passenger. to be paid under both laws by
the master. owner or consignee of the
ship. Upon the ground that the toler-
ance or intolerance of foreigners Is Q
question which should lie with the feder-
al government. and not with the state
governments. the courts held these acts
unconstitutional, though Chief Justice
Taney.in a case arising under the statutes
OF New York, dissented from "A majority
of the court, and commended that the pow
er over persons was in th- state and not
In the federal government. The advo-
Gates of these several measures dis
avowed the doctrine of state sovereignty.
but asserted the states as independent in
the management OF their internal affairs;
that In everything which contributed TO
their tranquility they are the managers;
that I'm all police regulations they are SUI
preme; that the state had an inalienable
right to regulate all matters pertaining u
its public morals, mus5 nave the right
TO exclude paupers. criminals and dam
gerous persons. and that the exercise of
this power and discretion rested nowhere
else than i'm the legislature. they stout
Ia alas
belongs to congress, and that the police of
the land belongs to the state. Unuues-
tionably the power exists absolutely in
a state to decide what Is sufficient cause
to forbid a continued residence within its
borders: and those considerations may be
municipal or economical. as. for m
canger of pauperism. danger to health,
danger to morals. danger to property.
danger to public principles by revolutions
and change of government or danger TO
religion.
The municipality of Butte. being a
component part of the state of Montana.
and governed by the existing laws of this
state. has a coordinate right with the
state to enforce such rules and regula-
tons which are not Inconsistent with the
constitution and laws of the state. TO
protect such municipality from danger of
pauperism. danger to health. danger to
morals. danger to property or danger TO
religion.
The attorney for the Chinese company
must concede (a) that the Chinese are not
bona fide residents in any sense OF the
word: they Will not even permit their
bones to have sculpture i'm our soil: ,b)
that this request by the Trades and La
Dor union of Butte. even Incorporated into
a rule by the municipality of Butte. would
not interfere with the possession or EN-
joyment' of property by the Chinese or
prevent them from engaging In trade in
common with American citizens resident
therein: (c) that such a rule does not con-
fict with the treaty obligations of the
United States government with that of
China and the subjects thereof resid ing
and being within the United States under
said treaty.
"Tha these two propositions are moot
ed must be conceded from the very fact
that the customs and habits of the