The San Francisco call., 1898-06-04
Exclusion Act to Be Sys-
 tematiCally Attacked.
AN APPEAL TO WASHINGTON
ALLEGED TO CONFLICT WITH
 THE TREATY.
Sitxy-One Merchants Who Have Been Refused Landing Take the Matter to the Secretary
 of the Treasury.

The apparent conflict between the ex- clusion act of 1884 and the treaty made Tn lsS4 between this country and China Is In fair way of being settled within a short time, an appeal based on that issue having been perfected and mailed to the Secretary 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 injuriously affected than the people of any other portion
 It 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 It 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 portions of the older as may con- tiict with the younger law
 The act of Congress of 1884 provides that the certificates of admission on which merchants or traders may be en- titled 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 went into effect ten years alter the going into effect of the act of Congress or 1884 simply provides that the applicant shall have "a certificate" with his name, de- scrlptlon,. age, etc., and the statement that he is a merchant or trader. This certificate must be signed by the Regis trar General or Taotal, and vised by the American Consul at the port of depart ure.
 The Treasury Department, of its own motion, for the purpose of throwing the proper safeguards against the entry of cooly labor from China, has added to the requirements of the treaty the additional . requirement mentioned in the act of 1884 It Is contended by the Chinese applicants that the Treasury Department has no power, right or authority to amend the treaty. q
 Sixty-one Chinese who arrived on the China and the Doric recently presented to the Collector Canton 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 requirement of the act of 1884 that the nature, character and estimated value of the applicant S business should be stated was not com piled with.
 Collector Jackson, under the instruc- tions previously received from the Treas ury Department, refused to allow the 61 merchants to land, on the ground that the certificates did not comply with the requirements of the statute of 1884 The only authority to which an appeal can be made in case of the refusal of the Col Secretary of the Treasury, and from his decision there can be no appeal
 The 6l applicants have made that ap- peal and decision is expected at an early day. The Collector believes that the appeal will be successful and that the all laws and parts of laws in conflict with 1t.