The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-03-10
stSpiss RAN tht uniNtsl

n 'iNN aifAliN'ANH - aNa - a'AA
asks ehf Hb1ui hiioen iuning tnl.
uamen. hoiiing rgalasIg issusd -
tufnlng pefm,ts ssre Sent h1uh il
emma n the Copii,. when ihey had
the rirhi 10 appeal from he decision
~ tls immgrai.0n Commissioner %
ne Secretary of the Treasury. and
pending the appeal the persons mas
ing II bad the rgH 70 remain here
The Law governing these casas IL a.
follows.
In every case where an alien 10
excluded from admission into the
1 United States under any law or treaty
now existing or hereafter made the
decision OF the appropriate immigra-
ton or Customs officers, " adverse 10
( the admission 81 such alien, shall be-
final, unloss reversed on appeal 20 he
] Secretary o. the Treasury
Approved August IS. 1895.
| II was said az the time OF Their ar
rival here, that access to the names
Of many Chinese. In the possession Of
The authorities, whoever the author
tiles were and access 10 many OF the
Chinese themselves with return per
mite, was forbidden. This Is a fact
Of which We have no positive proof
II these returning Chinamen were
forbidden facilities TO protect their
rights, by an appeal TO the Secretary
Of the Treasury, Il was an act Of gross
| injustice. IL Is hardly to be presumed
that these Chinese with liberty, proper
I ~ and the right 90 reside here with
| their families, all at stake would return
I 10 China. without some effort 20 avoid
such a distressing event. We do not
know whether the officials who drove
them back 20 China Informed them Of
this right Of appeal, and, further, in
formed them that as = matter Of
course, they could remain here until
| the appeal was decided by the Secre-
| tary Of the Treasury. The report cur
rent al the time was that they were
| left in ignorance OF their rights. and
as one humane woman said Il had
the touch Of the Dreyfus trial about
IT," in driving them back 70 China.
The Federal law .; 1894. providing
for an appea,, declares that II the OK
clusion Is made, under any law or
treaty now existing or hereafter
made" then "a appeal may be made
The right Of appeal to the Secretary
Is given. therefore from any decision
made under the annexation act.
II these unfortunate people were sent
back, Lecause they did not know Of
this explicit right to appeal, or II sent
back, because they were unable to
make the appeal, for want Of means,
! il was an act OF injustice for which
the community u morally responsible.
when a person charged with crime
tells the Court he has no means for
paying lawyers, the Court directs some
| l. wyer to defend him and his services
are gTatutous.
! Aside from the evidence OF current
report, winch is as reliable as the evil
dence Of the usual current reports
which men believe, there is something
singular in the way those Cinnamon
were driven back on the Cop'ic, when
! they had the right Of appeal. and the
right CO-existing with 1t 10 remain I'M
! I'll the appeal was heard. One Of these
returning men with a regular permit
was resident OF Maui with his wife
and child. lie owned on that Island
considerable property. For some rea-
appeal Why?
II would have been only just and
humane and strictly legal as well, for
the Commissioner or the Collector OF
Customs acting with him, to have said
to him: Il shall order you back, be-
cause | am a subordinate and have no
" rretion in the case. But You have
the right OF appeal from my order to
the Secretary Of the Treasury. The
law gives II. and the lazy contemplates
an effectual appeal. II does not con-
template driving you back to China
at your own expense and forcing you
20 stay there until the appeal Is heard
| must detain you here until the Sec
rotary decides"
And now comes the order from the
Secretary releasing these men. They
are in duress and beyond reach. Al
We can now do, II seems. Is to borrow
the key, open the door, and kneel at
the Special Agents altar OF devotion, .
and thank God that the Flag covers
such touching example Of justice and
law.
Our local government has generous,
ly supplied brains and money to sus
tain the Federal authorities In this
matter. For this service II Is cordially
thanked by the Administration. We
look upon its relation to this affair
IA that of by-stander who is sudden
ly called in by the Sheriff TO assist II
hanging a man. He aids the law IL
tying up the criminals legs, but re-
grets the necessity that forced him
as citizen, to obey and aid ,hC