The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-16


Counsel for petitioners rely upon cher Ycoag United
States reported in 112 |. s. T. $50 The head is this
uniformly refuse to give to statutes retrospective
operation whereby rights previously vested niurously
affected unless compelled to do so by language so clear and
positive to leave doubt that such the intention
Of the legislature.'
This the opinion having been written by Mr.. Justice
Harlan, Justices Field and Bradley only dissenting decided
in 1854. The essential facts of the follows:
y Chnanan arrived in the United 1880 remaining
there until 1891 when he departed for Honolulu and remained
there until September when he returned the United
States During his absence the Chinese Restriction Acts of
1882 and 1854 enacted he had certificate
quired by those Acts he denied admission On habeas
corpus the the Supreme Court of the United States
upon certificate of division, and it there held that he
entitled and remain in the United States; and the
reasoning of the Court that by the Treaty between the
United States and China of 1880 Chinaman in question
allowed from and to the United States of his
free WILL if he the United States the date of that
Treaty, in order establish his right of reentry after the
Restriction Acts had passed. he would have produce Ger
tifcate of residence 1t impossible for him produce
the time of his attempted reentry the certificate required
because he had left the United before the passage of the
treaty and which required prerequisite of his
reenterng, the certificate of RESIDENCE
United States before the passage of the Acts which subjected
him the burden procuring the certificate The said
That the Legislative enactments in question should receive SUCH
construction, if possible would the right of this China
the country under the provisions the previous
treaty and give full effect the intention of Congress- and
Quoting from United States Kirby Wallace 1866:
General terms should be limited in their application
lead injustice, oppression absurd
1t will always therefore, be presumed that the legislature
tended exceptions language which would avoid results of
prevail its letter.
The Court continues:
What injustice could be marked than by legislative
enactment to recognize the existence of right by Treaty
With ImIt of the auda the
prescribe the only evidence permissible establish
it. the possession of Collectors certificate that coud not nos
sbly have been obtained by person whom right
longs, the reenty of person into the United
States upon the ground that he did upon his arrival from
foreign port produce certain certificate under the hand and
seal of Collector and upon forms prescribed by the Secretary
of the Treasury which neither that any other officer
authorized permitted give prior the departure of such
person from this country < = Courts uniformly
refuse give retrospective operation whereby rights previously
vested injmiousy affected unless compelled do so by
language positive
such the intent of the LEGISLATURE
The Court cites affirming this principle.
In the before me, ask what injustice could
marked than to require prerequisite to certain of the
petitioners rights these islands, production of
certificate residence United required by
Statutes of the United States when would be impossible for
them possess of them in the United
States? Can residence i'll Hawaii be construed be resi-
States subsequent
dence Hawaii became United States territory?
"Chinese aborer obtain permission the
United if he has lawful wife, child parent
United States property therein of the value of
debts that due him pending settlement. These
particulars be put in writing and deposited with Col
ector of Customs Also certificate of registration before
Commissioner of Internal with particulars descriptive
of his person. his photograph, These be identified
and found and then he may receive certificate of his
right return which be exercised within year
certificate be procured by the himself while in
United States.
\ Chinese official teacher student merchant, traveller
1dJoJtr to gain admission in the United States must
present certificate from his the govern
where he last resided vised by the diplomatic
representatives Of the United States where he
It is absolutely impossible that any of the petitioners
liz: Il L.