The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-21
Haskell's Opinion in the Chinese
Boycott Case.
WAS NEVER MADE PUBLIC
An Elaborate Decision Rendered by the
Attorney General in Which He
Holds That the Chinese
May Be Boycotted.

h'NtN hNOtNNo ~ AZ 49,
ings and the International complications
Colonel Sanders threatens to raise over
the matter. The document. in the first
place. shows that the most eminent off,
cials of the city and state were interested
in enforcing the Chinese boycott during
1893 and 1894. and that the same internal
| tional question which ex-senator Sanders
again raises was decided. settled and de-
termine against the Chinese by the Hon.
Henri ]. Haskell, then attorney general
of the state. in one of his elaborate opin-
ions given the Hon. j. L. Richards. then
governor OF the state. This important
decision by the attorney general, which
holds that Chinese may be ,boycotted and
that their treaty rights do not suffer
thereby. is now made public for the first
time. 1t appears that Hon. Thompson
Campbell at one time was counsel for
certain parties interested in the matter.
and when the city council of Butte passed
a resolution that all employees of the city
be requested not to ~patronize the Chinese.
he called the attention of Governor Rick
ards to the matter. and the governor re-
ferred Mr.. Campbells correspondence to
Mr.. Haskell. accompanied with the fol-
lowing from the governor. under date of
January q. 1898:
II hand you herewith papers from Hon.
Thompson Campbell of Butte City. which
call attention to the fact that there has
Deen Sucn actiOn taken ny tHat HiuiiCipdi
government which he thinks conflicts
with the treaty obligations of the United
States government with that of China,
and the subjects thereof residing and be-
ing within the United States under said
treaty. You will please instruct this
office what my duty is I'm the case under
the constitution and laws of the state
The attorney generals reply, addressed
TO his excellency, John L. Richards,
governor of Montana" bears date of
February u, 1898. Preceding the opinion
itself is an acknowledgment of the re-
ceipt of the governors message and Mr..
Campbell's papers. and the attorney gen.
eral then proceeds as follows:
1.-THE action of Mr.. Campbell I'm submit
ting this matter to your department for
your consideration is predicated upon TWO
Herewith inclosed. which for
the purposes of this review are noted as
follows:
HAL of the Silver Bow Trades and
Labor Assembly. Butte. Montana, =. 1ss2:
To the mayor and city council of the city
of Butte-Gentlemen: At "A meeting OF
the Silver Bow Trades and Labor assem-
bly,. held December 18th, 1892, the under
signed were appointed a to
wait upon your honorable body and to
ask the assistance of the city govern
ment in labor's strenuous endeavors to
rid the city of the Chinese. For years.
owing to the competition of the Chinese.
a respectable living in many classes of
labor I'm this city has been uncertain and
precarious. Our laboring men cannot live
as cheaply as Cinnamon, and, therefore,,
cannot afford to work in competition with
Cinnamon. Considering IL the duty of
the city government to look after the well
fare of its citizens, we are confident that
the present city government, like its pre-
decessors, will regard the interests of the
white men. who are citizens. rather than
| tha rbipapaan Uhn are pOf CifizpnS- The
method in which we ask the city council
to second our efforts to rid the city of
the Cinnamon is by discharging all of the
city employees who employ Chinese help.
directly or indirectly. or who in any way
patronize Chinese labor. Respectfully
submitted, per order Silver Bow Trades
and Labor assembly. James Brown,
Thomas Matthews, Dan McCallum. w. II.
Sweet. committee appointed by our body
to submit this petition
Communication from the Silver Bow
Trades and Labor assembly. asking that
all city employees patronizing Chinese be
discharged. was, on motion OF Paxon, re-
ferred to the judiciary committee
Extract from the report of the judici-
ary committed: In the matter of the
communication of the Trades and Labor
assembly. referred to your committee, We
beg leave to report that after having con-
sidered said communication, your commit
tee recommends that the heads OF all de-
partments of the city be requested by the
council to use their best endeavors to
induce all employees of the city. and that
all employees be requested not to employ
or patronize Cinnamon. either directly or
| indirectly. during the term that they are
in the employ of the city in any capacity
Ion motion of Pascal the report was
received and adopted
This matter so submitted to US pre-
sents for our consideration two PROPOSE
tions. the first of which is international
and the second a state question. and one
involving the violation OF the sticu'a
tions or obligations of a treaty. ard sec
ond. the enforcement of the laws of the
state of Montana to protect residents
herein.
First. is the action of the city council
of the city Of Butte i'm c~ontravention with
any law of congress or of any treaty
stipulation or obligation of the United
States government with that of China,
and the subjects thereof residing and b
ing within the United States under said
treaty?
Second. does this case present such a
state of facts to your excellency. IL true.
as will warrant executive interference In
the absence of any complaint on the part
of the subjects of the Chinese govern
ment who are residing within the iuris-
diction of the state of Montana. or a de-
mand for an inquiry by the department of
state of the general government?
The first treaty of any note that was
entered into between the general govern
ment and China was one of peace, amity
and between the United States
OF America and the TIA Using empire. con-
cluded at Wang Hiya on July 3. 1874. and
ratified by the president January Il. 1876.
Zone of the conditions of said treaty
was to the effect that there shall be per-
feet. permanent and universal peace. and
a sincere and cordial amity between the
United States of America on the one part
and the TIA Tsing empire on the other
part. and between their people respective
". without exception Of persons or
places
The object of said treaty was to open
TO the citizens of the United States I'VE
Chinese ports and permit the citizens of
the United States to proceed at pleasure