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


Immigration Inspector uperntend the enforcement and
said Hawaii, directed that Col
of Customs in said Hawaii shall
him and assist in the execution of said laws; and said 9th
December the said Joshua acting
Inspector a said Honolulu;
That said laws of the United of prescribe
and conditions fully appearing said laws
be performed complied with by Chinese citizens,
exist before they the United States including the
said territory of Hawaii which petitioners
perform, comply WITH which conditions they have
failed to show exist;
That by of said failure of said petitioners perform
said comply with said conditions prescribed by said laws
of the United States they entitled
said port of Honolulu other port the United
That the said petitioners have been landed in Hawaii
otherwise than temporarily for the purpose only of inspection
their right the country, and not therefore,
within this country far give this Court jurisdiction
entertain their said petion and the said Frank McSocker
Collector aforesaid and Joshua X Brown Inspector afoe
said, therefore claim that this jurisdiction
tain the said petition.
And the said Frank B. McStocker Collector aforesaid
Joshua X Brown Inspector aforesaid further present the
Court that by the of the said laws of the United States
there vested in the officers of the Uni
ted States Government the sole and final decision upon the right
of any Chinese admission any port of the United States
with appeal from such decision any Court and with
right of review in any Court;
That pursuance with the said said Secretary
of the Treasury the said Frank B. McStocker Collector of
Customs aforesaid and Joshua K Brown Inspector afoe
said, have and each of them has, examined the said petitioners
and all matters and things apperanin thereto bearing upon
their right the port of Honolulu and have and each
them has, decided that the petitioners, and each of them
entitled under the said laws of the United States
the said port;
the said McStocker, Collector aforesaid,
and Joshua X Brown, Inspector aforesaid therefore claim
that they having decided that under the of said laws
of the United States said petitioners have right admission
the said port this Court has jurisdiction entertain the
said petition consider the question of whether the
said petitioners entitled said port of Honolulu
any other question apperaning thereto
Frank McSocker Collector aforesaid, and
Brown Inspector aforesaid present that
the question of whether the said petitioners entitled
the said port Honolulu purely federal ques
ton involving the construction of Act of Congress of pure
y federal character cognizabe only Federal Court of the
United States and not cognzabe in the Courts of State
Territory;
That this Honorable Federal of the Uni
States and jurisdiction said
petition attempt apply the said law of the
United States, o otherwise pass upon the
Honolulu, December 49, 1898.
(Signed) F. B. MoSrooKER,
(Signed) JOSHUA K Brown.
And by them.
REPI RETURN
and petitioners named in the Writ issued herein
and for replication TO said deny that the Supreme Court
of the Republic of Hawaii has jurisdiction entertain the
said petition.
Deny right exists said the
of said Joshua K. Brown and Frank B. McSocker.
Aver that this Court has jurisdiction entertain the said
petition, and consider the question of whether said
petitioners entitled the port of Honolulu and other
questions appertainng thereto.
Deny that the laws of the United States have been extended
the Hawaiian Islands they the immgra-
ton of the Chinese into Hawaii.
Deny the authority of said McSocker and Brown therein
averred."
,,Co1