The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-03-14
Opinion Of Solicitor Ctlsral On
Chinese Cases.
Is An EXHAUSTIVE TREATMENT
Extsnsivs treatment OF Various
Points Nights Of Chinese
Under the Flag.

ed a decision tnat t1lnes' WHO Neit
resident in Hawaii under the former
government and deported therefrom
temporarily under the regulations then
in force, supplied with permits issued
by the then existing government, are
entitled TO return TO Hawaii. The very
important question was submitted to
the solicitor general by Secretary Gage
some time ago, when Inspector Brown,
the collector general OF customs at Ho-
nolulu, denied certain Chinese the right
to land under permits issued by the
former government. The opinion,
which was approved by the Attorney
General, is given herewith in full:
The Joint resolution providing for
annexing the Hawaiian Islands TO the
United States was approved July Z,
1898, and proclaimed in the islands
August u, 1898,
This resolution, while providing
that the municipal legislation of the
Hawaiian Islands not incun-
contrary to the Constitution of the
United States, shall remain in force
until the Congress OF the United States
shall otherwise determine and that
until Congress shall provide for the
government OF such islands all the
civil, judicial and military power exer-
cised by the officers of the existing
government in said islands shall be
vested in such person or persons as
the President OF the United States shall
direct contains the following para
graph:
There shall be no further immigra-
ton Of Chinese into the Hawaiian ISL
ands, except upon such conditions as
are now or may hereafter be allowed
by the United States; and no Chinese,
by reason OF anything herein contain
ed. shall be allowed to enter the Unit
ed States from the Hawaiian Islands
ON October 81, 1898, in response to
your inquiry of October il, 1898, rela-
tive to the status of the Chinese in the
Hawaiian Islands, / expressed the opin-
ion that:
1.-The restrictions placed by our
exclusion laws upon the admission Of
Chinese persons Of the exempt classes,
and the regulations made under the
provisions Of the treaty between the
United States and China providing for
the departure and return to this coun.
try Of registered Chinese laborers, are
to be held applicable to Chinese per-
sons applying for admission to the Ha-
waiian Islands, and to such persons
residing there and who may wish to
depart with the intention OF returning
Following this opinion. You directed
Chinese Inspector J. X. Brown to pro-
coed to the Hawaiian Islands and CO.
operate with customs officers there in
enforcing the treaty, laws and regula-
tons which govern the admission of
Chinese into the United States.
after the arrival OF Inspector Brown
in the islands the collector general OF
customs Of Honolulu, acting under his
instructions and in cooperation with
him, denied certain Chinese the right
TO land under permits issued by the
former government of the islands
Some Of these Chinese were residents
of the islands before their annexation
and had left them for a temporary
purpose, amino reverend, under the
regulation then in force, and upon the
faith Of the permits issued by the ex-
listing government emitting them to re-
turn to their business and their homes
"The denial to these Chinese of the
right to land under permits issued by
the former government was followed
by the institution of proceedings in
habeas corpus before Chief Justice
Judd Of the supreme court OF Hawaii,
TO test the legality OF their exclusion.
The chief justice held that the clause
of the annexation resolution providing
there shall be no further immigration
Of Chinese into the islands cannot be
applied to Chinese seeking to enter
the islands under permits duly issued
by the former government without CIV
ing the "'solution retrospective oper-
alton and doing manifest injustice.
On appeal to the suprem- court OF
Hawaii, majority of that court, con-
sisting OF Justice Whiting and Circuit
Judge Perry lin place OF Justice Frear),
overruled Chief Justice Judd and held
(uhe chief justice dissenting) that the
provision prohibiting further immi-
grafton applies to all Chinese seeking
admission to the islands after their an.
nexation to the United States, as we'll
to those returning as TO those coming
to the islands for the first time.
In your communication OF the 3lst