The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-03-02
RETURN PERMITS AREO. K.
SOLICITOR GENERALS VIEWS ON
CHINESE ADMITTANCE.
The Celestials Score One in the Con-
troversy-Two More Questions will
be Settled Very Soon.

WASHINGTON, February 22.-Solici-
tor General ]. X. Richards has render
ed an opinion, which has been approved
by the attorney general, in which he
holds that the secretary of the treas
ury had authority to admit to the Ha-
waiian Islands such Chinese persons
as departed therefrom under the regu-
lations of the existing government al
lowing them to return, but who would
be excluded by THE extension to the
Islands of the laws and regulations
now operative within the United
States.
After reviewing the history of the
legislation and the decisions of the
courts on the subject, the solicitor gen.
eral says
IAN alien resident is not an alien
immigrant Under our alien immigra-
ton acts it has been held that an alien
who has resided in this country with
out becoming naturalized and who de-
parts with the intention of returning
is not to be deemed an immigrant upon
his return, although he was an alien
immigrant when he first entered the
country.
Applying this wholesome doctrine
to the cases submitted, the Chinese
who, under the former government of
the Hawaiian Islands, became domicil-
ed in the Islands, acquired certain
rights, among which was the right 10
leave the Islands for a temporary pur-
pose and return. 1t is not to be pre-
sumed that Congress, which recogniz-
es the right of such Chinese to be and
remain in the Islands, intended to in
terfere with the incidental right of re-
turning to the Islands after tempo
rary absence. Chinese laborers have
been for years absolutely prohibited
from coming 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 a temporary purpose
and return.
Accordingly, in view of the mani
fest injustice of interfering with a
right incidental to lawful residence in
the Islands, the words no further i'm
migration should be construed so as to
apply only to actual additional imml-
grafton into the Islands, namely for
the first time after annexation, and
not to the return to the Islands of Chi
nese who have a lawful residence there
and are simply exercising the recog-
nized right of returning, after a tenn
| porary absence, to their business and
| their homes"
There are, however, two more ques-
| tions which are still in the air and up
on which Alexander Robertson, VINO
has been here as attorney for the Chi
nese, expects to have a decision soon
| These are the admission of female rel
atives of residents and of travellers, y
| as the Chinese are termed who have
| come to the Islands for a term of not
more than six months on business, and
| who under the old laws had to give
| bonds of $500 for their departure at the
end of that time. Taking all the ques-
tions into consideration, there are 4S2
| Chinese who are to be affected by the
! rulings There seems to be a belief
that the entire problem will be solved
| to the satisfaction of the Chinese OF
| the entire number there are very few
who would be classed as laborers
II feel gratified that the decision is
as it is" said Chief Justice Judd. "It
sustains fully the position taken by me
| in the case of the first batch of permit
immigrants brought before me under
habeas corpus proceedings. / knew
was right, and felt sure that my judg-
ment would be sustained in the end"
AS soon as positive instructions are
received from the treasury department
| Agent Brown will proceed to release
| the Cinnamon now held in quarantine
pending their own appeal to Washing
| ton.
Vice Consul Go Kim Fui expressed
| himself as very much pleased with the
decision. 1t removed one of the caus
es of serious apprehension on the par
| of his countrymen.