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

ereign nation has the power overegnty and
essential preservation of foreigners
within It's dmnions admit them only in such and
upon such conditions as it may fit PRESCRIBE
The right of expel cport foreigners who have
not been naturazcd taken any steps toward becoming citizens
OF the country upon the grounds, and absolute
and unqualified the right prohibit and their
into the country-Fong Yuc Ting United States,
149 United States See also Lem Noon Sing United
States 15s United States in which these decisions
affirmed
This Court also, in the Of Chow Bk CIT and another
law. 3S5, recognized this principle.
1t is also the right every Independent prescribe the
conditions upon which will admit aliens into its territory and
further revoke will permission license already granted
to alien enter and this without notice such alien
of its intention the license This is conceded by
all who took part in the argument in the at bar.
Being possessed then of these ample powers and knowing,
presume what the laws of Hawaii the sub
ject of Chinese mmgraion the United States through Con
ge duly constituted mouhp the sixth of July last
ordered that there shall be further immigration of Chinese
into the Hawaiian Islands, except upon such conditions
may hereafter be allowed by the laws of the United
States The Republic Hawaii has accepted and cquiesced
in that and the other provisions of the Neand Resolution
What is the meaning that paragraph of the
Resolution?
In the first place of the opinion that the of the
Immigration Congress did intend limit the appi
cation of the prohibition such persons be called mmi
grants within the popular accepaton of that and
clude from its operation those aliens who having formerly
sided in the country and having left with the intention of
turning seek after such temporary ABSENCE but
rather that it the intention prohibit the stated
in the Resolution, further coming Chinese whether
they had formerly resided in the country
the first clause of the paragraph question being the
alent of thereafter Chinese shall allowed the
Hawaiian Islands,
Panaaru ct a. 81 Fed 275 and II, re MatorelH 63
Fed 49, cited support of the that the
Specification should be given the Simngraton'
Those be in point The Court each
of them constituting the relating
of aliens other than Chinese which the words mmi
grants and fallen immigrants used in describing the
classes intended be excluded Those precise
used either in the Resolution the United rela
Chinese. The Statutes and the their
not the those before the Court More
over decisions United Supreme
that under existing Legislation IN regard to the exclusion OF
Chinese applicants for admission exempt the oper
legislation solely by they
resided in the United and the intention
returning Lem Noon Sing United States Uni
ted States 53s In other words, the prohibition against
may apply those returning temporary
those who strictly Immigrants if that appears
be the intention of Congress- and in this instance believe
the the broader signfca-
ton.
behalf of the petitioners that this pro
of the Resolution does apply those Chinese whom
permits according Hawaiian laws by
Government prior the passage of the Resolution
to contrary would be give the provision
spective operation and that this would be in this
rule of that law shall be
prospective operation only unless the clear
retrospective force; further that hold provision APP
plies petitioners would great injustice and oppression
petitioners have here in good faith the strength
above stated and without repeal
of Hawaiian laws.
IF Congress had simply said, There shall be further
migration of Chinese into the Hawaiian Islands, or what is
its equivalent Ieeafter Chinese allowed enter