The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-26
PLAGUE MATTER IN COURT.
HEARING ON THE INJUNCTION
ASKED BY THE CHINESE.
They Deny the Right of Health
Hoard to InOculate Them or to Re-
strain Them From Taking Pass
age Out of San Francisco.

SAN FRANCISCO. May 25.-The United
States circuit court today took under ad-
visement the petition of Chinese residents
Of this city to restrain the local and fed
eral authorities from noculating them
against the bubonic plague. II is expected
the court will render a decision tomorrow
Argument was heard today on the petit
ton for an injunction by Wong Wal.
Argument was begun in the United
States circuit court today on the petition
for an injunction filed yesterday by Wong
Wal, Chinese subject. who seeks 10
have the city board Of health and Dr.
kinyoun, the federal quarantine officer,
restrained from keeping him and 5000
other Asiatic residents from leaving the
city. unless they first submit to inocu-
lation with what is known as the Half
kline serum. alleged to be a prophylactic
against bubonic plague infection.
Formidable Array of Counsel.
Judges Morrow, De Haven and Hawley
occupied the bench and the array of
counsel was formidable. The courtroom
was densely crowded with Chinese and
Japanese merchants and their white ad-
yisers and sympathizers. The attorneys
for the Chinese set forth that there Is
not now nor has there been case OF
bubonic plague in San Francisco, but de-
spite that fact the petitioner and his fell
low countrymen are prevented from leav-
ing the city until they submit TO inocula-
ton with the serum. This enforced in
oculation is arbitrary. and an oppressive
Interference with the personal liberty of
the Chinese and Japanese residents. 1t
deprives them OF the equal protection of
the laws OF the land, to which they are
entitled by the treaties entered into by this
country. The incubation caused great
pain and distress to the person subjected
to 1t, and may cause death. Its only pur-
pose Is to prevent the bubonic plague be-
"a 9 .
disease has not existed In San Francisco.
and there is no danger OF II existing here,
the incubation is purely unnecessary.
Coombs Reads Department Orders.
United States Attorney Coombs. for the
board of health. and Federal Quarantine
treasury department by which he claimed
the federal quarantine official at this
port is authorized to prevent the trans
portation by any commercial carrier of
Asiatics or any other class of persons like
ly to convey contagion to other communi-
ties unless they are provided with certifi-
Gates to show that they have been prop
erly inoculated against such contagion
Mr.. Coombs also read resolution adopted
by the state board of health on May Il
that the bubonic plague has existed In
this city within the last ten days
The Question Of Jurisdiction.
Judge Morrow raised a question as to
the courts jurisdiction in the premises.
by the restraint could not be considered.
The court. he said. could only decide
whether the restraint itself was illegal.
"Our complaint" said Attorney Mcguire.
follows the line of strike and boycott
injunctions in which injury and damage
are alleged. The respondents are inter
fering with the liberties and rights
which the petitioner and other Chinese
residents are accorded by the treaty ex-
tsting between the United States and
China Therefore. in my opinion. this
court has full jurisdiction In this case"
Then the attorney proceeded to show
at the restraint complained of was IL
legal on the part OF both the city boar{
of health and the federal quarantine off,
Ger. But even II the plague did exist here.
Attorney Mcguire contended. the federal
health officer would not be authorized to
prevent travel from one county to anoth-
err or from one state to another. Such
matters, he claimed. are exclusively in the
control of the local authorities.
Japanese Also start Suits.
Local Japanese this afternoon filed in
the United States circuit court petition
for an Injunction similar to that asked for
by the Chinese, restraining the federal au-
thorities and the local board OF health
from stopping japanese from travelling to
other counties or states.
Japans Vigorous Protest.
WASHINGTON. May 25.-Through its
charge here, Mr.. Heislro Nabeshima, the
japanese government has Joined the Chi
nese government In strong protest
against the compulsory incubation of jap
anese and Chinese In San Francisco with
anti plague serum. The Japanese protest
is much more energetic and forcible I'm
terms than that lodged by the Chinese
land conveys a very plain in
that, while there could be no
objection TO a general incubation, II such
Was regarded necessary TO prevent the