The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-07
NO CHINESE
CAN enter.
Important Decision By the
Supreme Court.
SAYS HAS NOT JURISDICTION
Chief Justice Dissents-Opinion
Sustains the One Federal Off
icer Here. Resolution. Effect.
IN THE SUPREME COURT OF THE
HAWAIIAN ISLANDS.
December Term, 1898.

| IN THE SUPREME COURT OF THE
| HAWAIIAN ISLANDS.
December Term, 1S9S
| In the matter of the petition of Wong
| Tuck, All Muk See Yam, All King, Hee
| Pee and wife, All See, Kai Lin, Chun
Yee Ga woman), and her daughter, Lok
| Sam, All In and wife, All Tai, alias All
| Fai, Chew Sing, All See Ga woman), E.
| Pong, Chan Yit Mung, Ah Kong, and Lum
| Tuck Chong, for a writ of habeas COR
pus.
In the matter of the petition of Luke
| Kru, Ma Min, Ma Sing, and Choy Po for
| a writ of habeas corpus.
In the matter of the petition of Leons
| Chee, Cheong Yook, Yen Lin, Yen Chong,
Yen Yick, Yen Moon, Yen Bow, and Iu
See for a writ of habeas corpus.
ORIGINAL
Submitted December 3, 1898. Decided jan
uary g. 1899.
Judd G. j., Whiting, j., and Circuit Judge
Perry, in place of Frear, j., absent
Every sovereign nation has the inherent
entering it's territory and even to eXpel
them therefrom.
1t is also the right OF every inaepenu, r,
ent state to prescribe the conditions upon
which it will admit aliens into its terri
tory and further to revoke at VIII a per
mission or license already granted TO an
alien to enter, and this, too, without
notice to such alien of it's intention to
thus revoke the license.
The Joint Resolution passed by the
Congress of the United States on July b,
1885, relating to the Annexation of the tta.
waiian Islands, provided, inter aha that
there shall be further immigration
of Chinese into the Hawaiian Islands, eX-
cept upon such conditions as are now or
NAV hereafter be allowed by the laws OF
the United States Held, that by virtue
of this provision the United States laws
relating to the immigration and exclusion
t>fC we
force in the Hawaiian Islands, ana are
now in force in this country and, furtn-
err that Chinese, whether residing IN TINS
country or not prior to July Z, 1898. to
whom permits to enter the fiaWallaii
Islands were issued prior to said date by
the Hawaiian Government, are not eA
cepted by the Resolution, from the oper-
alton of said United States laws, but are
also subject to the provisions thereot:
This Court is not a court of the United
States and has no jurisdiction, IN haoeds
corpus proceedings or otherWlse 10 pass
upon the validity of the appointment or
a Federal officer or the extent of his pow.
ers under Federal laws or the Legality OF
the detention by him under such laws OF
persons who claim to be Illegally in such
custody.
THE OPINION.
The record thus shows that some of the
petitioners resided in these Islands prlor
of returning and possessing permits TO re-
enter, issued prior to said date and that
the other of the petitioners have not mere
tofore resided in this country, but also
possess permits to enter, issued PRIOR 10
said date.
is whether or not the laws of the United
States relating to the immigration ana
exclusion of Chinese were extended TO
the Hawaiian Islands by the terms of the
Joint Resolution passed by Congress on
July 6, 1898, and signed by the President on
the day following, and commonly called
the "Newlands Resolution"
Before entering upon the consideration
hos tod hyr a
lands Resolution, which refers to Chln-
csc immigration, it is well to observe the
gress in the matter of the exclusion and
expulsion of foreigners.
1t is fundamental principle that every
sovereign nation has the inherent right to
deny the aliens the privilege of entering
its territory and even to expel them
therefrom. This principle has been recog-
nized and affirmed in clear and unmis-
takeable language by the Supreme Court
| of the United States. Chae Chan Ping
COZ the Court said: THE power of the
Government to exclude foreigners from
| the public interests require such eXciu-
| sion, has been assented in repeated in
| stances, and never denied by the ezecu-
| tive legislative departments, and quoted
with approval that the language of
United States executive officials. who
| wrote. Every society possesses the un-
| doubted right to determine who shall
| compose its members, and it is exercised
| by all nations, both in peace and in war
| = 1t may always be questionable
| whether resort TO TINS power Is W5l-
| ranted by the circumstances, or what de-
| partment of the Government Is empoW-
| cred TO exert it; but there can be no doubt
! that it is possessed by all nations, and
| that each may decide for itself when the
occasion arises demanding its exercise
| The control of people within its limits.
| and the right TO eXpel from its territory
| persons who are dangerous TO the peace
| Of the State, are too clearly within the
essential attributes of sovereignty to be
| seriously contested" Again, in the case
| of Nisllimura Ekin, 142 United States 659,
this language is used: 1T is an accepted
maxim of international law, that every
| sovereign nation has the power, as in
| herent in sovereignty, and essential TO
| Self-preservation. to forbid the entrance
| of foreigners within its dominions, or 10