The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-06-18
THE CHINESE MAY BREAK IN.

Exclusion Act to be Systematically
Attacked Appeal to Wash
ington- Alleged to Conflict With
the Treaty -Sixty-one Merchants
Who Have Been Refused a
Landing Take tho Matter to the
Secretary of the Treasury.
The apparent conflict between the
exclusion act Of 1884 and the treaty
made in 1894 between this country
and China is in fair way of being
settled within short time, an APP
peal based on that issue having been
perfected and mailed to the Secre-
tary OF the Treasury yesterday. The
decision of the Secretary on the
matter will be fraught with great
Importance to the people of the
Pacific Coast, who will be more
directly and unjuriously affected
than the people OF any other portion.
1t is believed that there is merit
in the appeal, that the decision will
be in favor Of the petitioners and
that the door will be thrown wide
open for the unrestricted entrance
of hordes OF coolies under the guise
OF merchants and traders. 1t is the
rule where two laws on the same
subject come in conflict to decide
that the latter law, if valid at all,
supersedes the older or such por-
tions OF the older as may conflict
with the younger law.
The act Of Congress of 1884 pro-
vides that the certificates Of adj
mission on which merchants or
traders may be entitled to enter
this country shall state the nature,
character and estimated value of
the business of the applicant. The
treaty which was ratified and which
won't into effect ten years after the
going into effect of the act of Con.
gress of 1884 simply provides that
the applicant shall have "a certifi-
cate" with his name, description,
age, etc, and the statement that he
is merchant or trader. This certi-
ficate must be signed by the Regis
trar General or Taotai, and vised by
the American Consul at the port OF
departure.
The Treasury Department, OF its
own motion, for the purpose OF
throwing the proper safeguards
against the entry of cody labor
from China, has added to the re-
quirements OF the treaty the ad-
ditional requirement mentioned in
the act of 1884. 1t is contended by
the Chinese applicants that the
Treasury Department has no power,
right or authority to amend the
treaty.
Sixty-one Chinese who arrived on
the China and the Doric recently
presented to the Collector at Caution
certificates signed by the Taotai and
properly vised by the American
Consul at Canton, certifying that
they were merchants. The require
ments of the treaty were carried out
in every particular, but the require
ment of the act Of 1884 that the
nature, character and estimated
value Of the applicants business
should be stated was not complied
with.
Collector Jackson, under the in
structions previously received from
the Treasury Department, refused
to allow the sixty-one merchants to
land, on the ground that the certifi-
Gates did not comply with the re-
quirements of the statute of 1884
The only authority to which an APP
peal can be made in case OF the re-
fusal of the Collector to allow immi-
grants to land is the Secretary OF
the Treasury, and from his decision
there can be no appeal.
The sixty-one applicants have
made that appeal, and decision is
expected to an early day. The Col
lector believes that the appeal will
be successful and that the treaty
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