Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-03-02
Solicitor General Renders Opinion on
Local Affair.
Chinese Who Resided Here May Return
Aug. 70 Named as Date When EX-
CluSlOn Begins,

bAen approved by the Attorney
General, iu which he holds tina,
the Secretary of the Treasury has
authority to admit to the Hawaii.
an Islands such Chinese persons
as departed tberefrom under the
regulations of the existing gov
eminent allowing them to return,
but who would be excluded by the
extension to the islands of the
laws and regulations now opera
tive within the United States.
After reviewing the history of
the legislation and the decisions Of
the courts on the subject the Soil
citor General says in part:
An alien resident - not an
alien immigrant. Under our
alien immigration acts it has been
held that an alien who has resid-
ed in this country without becom-
ing paturalized and who departs
with the intention OF returning is
not to be deemed an i'm migrant
when he first entered the country.
Applying this wholes ,me doc
trine to the c.ses submitted, the
Chinese who, under the former
government of the Hawaiian Isl
ands, became domiciled in the
islands, acquired certain rights,
among which was the right to
leave the islands for q temporary
purpose and return. 1t is not to
be presumed that Congress,
which recognizes the right
of such Chinese to be and
remain in the islands, intended to
interfere with the incidental right
of returning TO the islands after a
temporary absence. Chinese
laborers have been for years alb
solutely prohibited from COPING
into the United States; yet all the
time We have permitted and now
permit the Chinese laborers law
fully within the United States TO
leave this country for temporary
purpose and return.
Accordingly, in view of the
manifest injustice of the interior
log with a right incidental to law.
full residence in the islands, the
words "no further immigration"
should be construed so as to
apply only to actual additional
immigration into the islands,
namely, the coming of Chinese
into the islands for the frat time
after annexation, and not to the
return to the islands of Chinese
who have lawful residence there
and are simply exercising the
recognized right of returning,
after temporary absence, to their
business and their homes.
There are, however, two more
questions which are still in the
air and upon which Alexander
Robertson, who has been here as
attorney for the Chinese, expects
to have a decision soon. These
are the admission of female rela-
tives of residents and of "travel-
ers," as the Chinese are termed
who have come to the islands for
a term of not more than six
months on business, and who IN
der the old laws had to give bonds
of $500 for their departure at the
end of that time. Taking all the
questions into consideration,
there are 1872 Chinese who are to
be affected by the rulings. There
seems to be a belief that the entire
problem will be solved to the salts
faction of the Chinese. OF the
entire number there are very few
who would be classed as laborers.
FROM MR.. ROBERTSON.
Arthur A. Wilder, law partner
Of Mr.. Robertson, has received
the following telegram. 1t indi-
Gates that the decision covers the
points mentioned as undecided in
the press telegram above.
Besides, it shows that permits
to Chinese issued even up to the
raising of the flag on August II
are held valid. Chief Justice
Judd's decision only went as far
as to hold that the American law
would have been made retroactive
by construction ruling out per
mits issued prior to July 7, the
date of the approval of the New
lands resolution.
Mr. Robertson's telegram is as
folio
"Washington, Feb. 22 -