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

can find nothing in the Resolution which manifests the
intention of Congress the operation Of the United
States statutes. Chinese who have permits this country
Hawaiian and unwilling, without more explicit
egisation say that the Congress Of the United States IN
tended perpetrac the injustice of shutting the doors OF la
wall in the faces of those admission by virtue Of their
permits and without they had been annued by the
fact of the Annexation Of Hawaii the United States They
had right to rely upon the provisions of the Resolution of
Annexation tscIf-that until Congress should provide for the
these islands, Hawaiian legislation continued IN
force though immigration forbidden there
nothing Resolution them that Their permits
invalid.
That Congress could have intended that the United
States respecting Chinese immigration should have
retrospective operation Hawaiian Islands, is evidenced
by that the Resolution itself does provide for
Furnishing nfracton Of the United States laws either
against shpnaster who brings Chinese here without
plying with the laws, for the deportation of the Chinese who
are the necessary credentials for the
appointment of United States Marshal the law,
establishment of United States Court, Commits
one other official who shall have the authority adudge
whether the law has been violated.
The Resolution contains the provision that in the interim
the passage of the Resolution and the of
these islands, the existing powers of Its off
ea civil judicial military vested persons
IN such manner, the President of the
shall direct This power the President would
permit him direct Hawaiian official perform duties
authorized bv contrary such Hawaiian law. The
respondent the Collector General of Customs of Hawaii and
by the of the Resolution which i'll the interim continues
the existing of the Hawaiian Islands with
the United and other he Hawaiian
Honolulu still foreign port in this respect
protection respondent would have Hawai-
ian Court if he should undertake do authorized
by Hawaiian
The United States respecting Chinese immigration
executory and capable of being enforced
where there legally authorized officials enforce them.
To say that such provisions of the of the United
States enforceable applicable in favor Q" against
such Chinese whose by analogy be similar that
of Chinese who should seek the mainland of the
United States in home port would IMPLY confession that
United States be strictly enforced here. Would
be doubtful step take deviate from the law, al
though extremely grateful the recipients of permission
land if eiven2 find discretion granted
portion Of the United subject and ignore
other portions In saving this wish distinctly dsavow
seeming influence any action of the Inspector of
Chinese Immigration, Mr. J. X Brown, who here under in
tructons from the Secretary of the Treasury of the United
States.
There nothing the Resolution itself, in the circ,
stances surrounding passage Indicate the
intention of Congress reuiate amy of the Hawaiian
Government previously done The whole scope of the Resou
indicates contrary intention shown by the assumption
of the Hawaiian national debt the continuance of customs
and relations the continuance of officials in
office,
do think gone beyond the issue before the Court
discussing the question whether the United States
concerning Chinese immigration enforceable in Ia
wall for if Congress has provided machinery by which those
laws be executed furnishes that Congress
could have intended them 90 into effect Immediately.
Ny Judgment is that petitioners entitled their dis
charge from respondents custody and that they be allowed
ente these Hawaiian Islands.