Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-22


nese inspector j. K. Brown to proceed to
the Hawaiian Islands and cooperate with
the customs officers there in enforcing the
treaty, laws and regulations which govern
me ADMISSION or Chinese into the Unit ed
States.
The Question Taken to Court.
After the arrival of Inspector Brown in
the islands the collector general of customs
OF Honolulu, acting under his instructions
ana IN cooperation with him, denied GER
tam chinese the right to land under per-
mlts issued by the former government of
the islands. Some of these Chinese were
residents Of the islands before their annex
atlon and had left them for a temporary
purpose, amino revertendi, under the reg
uiation then in force. and upon the faith
OF permits issued by the existing govern
i iiient entltnng them to return to their bus
mess and their homes.
The denial to these Chinese of the right
10 land under permits issued by the former
government was followed by the institution
OF prQceedings in Eabeas corpus before
Ch1ef Justice Judd of the supreme court of
Hawaii, to test the legality of their ex-
ciusion The chief justice held that the
clause of the annexation resolution provid-
ing there snail be 10 further immigra ton
OF Cfinese into the islands cannot be an
piled TO Chinese seeking to enter the islands
under permits duly Issued by the former
government without giving the resolution
a retrospective operation and doing mani
fest injustice
'On appeal to the supreme court of Ha-
wan, majority of that court, consisting
| or Justice Whiting and Circuit Judge
Chief Justice Judd and held (the chief
Justice dissenting) that the provision pro-
| hlbltlng further immigration applies to all
Chinese seeking admission to the islands
after their annexation to the United States
as well to those returning as to those com
ing 10 the Islands for the first time.
Protest of Chinese Ninjstar
In your communication of the 31st ulti-
no. after calling my attention to former LET
tiers advising me of the facts | have briefly
recounted, you inform me that the Chinese
minister has represented to your DEPART
ment that the enforcement of our laws and
regulations in the manner CONTEMPLATED by
inspector Brown will cause great hardship
to Chinese who, having resided in the Ha-
Walian Islands, departed therefrom under
the regulations of the Hawaiian govern
ment ana before the regulations of your de-
partment were put into force and effect
and who now seek to return to those
islands. You then state:
1t appears from report dated the 18th
instant from Chinese Inspector Joshua K
Brown, stationed at Honolulu, that the sew
eral classes of Chinese persons who were
entitled to enter the Hawaiian Islands
under the Hawaiian law and regula tons
but who have not yet sought admission
thereto, are 1925 in number, as will appear
from the inclosed copy of the report re-
| ferred to.
of this number it appears from Inspec-
| tor Browns report that 1,SSS are admissible
| under the existing regula tons as natives or
naturaliZed citizens of Hawaii being other
| IMAM aliens OF the remaining 63S it NAV
| De presumed that those who are merchants
can prove their right to admission under
| the provisions of section of the act of No
Vemher 3, 1893 and that those who are of
the exempt classes named in Article III o.
tu h n
by the presentation of the certificates re-
quired by section of the act of July s.
1854 -
I'm view of the foregoing you request
an opinion as to whether you have author
ity to admit to the Hawaiian Islands such
Chinese persons as departed therefrom
under the regulations of the existing gov
| ernment allowing them to return, but who
would be excluded by the extension to the
Islands Of the law and regulations now
operative within the United States.
Power to Exclude Aliens
1.-THE power of Congress to exclude aliens
altogether from the United States or to
prescribe the terms and conditions on
which they may come to this country is
settled by the adjudication OF our Supreme
Court Chinese exclusion case, 100 U. S.,
5s1, COB; Nishimura Ekiu, l42 U. S., e5l.
653, 659 600; Fong Yue Ting agt u s.,
149 U. s., 69S, 713, ia; Lem Moon Sing agt
| U. s., 15S. U. S.. 545, 3d. THE matter for
| consideration, therefore, is not the power
| of Congress, but it's intention. Congress
provided that the existing government of
| the Hawaiian Islands should continue and
the municipal legislation not inconsistent
| with the Constitution or laws of the United
| States should remain in force. Congress
| then used this language which requires
| construction:
" There shall be no further immigration
| OF Chinese into the Hawaiian Islands ex-
cept upon such conditions are now or
| may hereafter be allowed by the United
| states; and no Chinese, by reason of any
| thing herein contained, shall be allowed to
enter the United States from the Hawaiian
| Islands.
1t is to be observed that to provide there
| shall be no further immigration" is to
| recognize there has been immigration; and