The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-13
Decision of Judge Estee Distorted
FOR Political Purposes.
ORltNIALS FROM THIS TERRITORY
CANNOT LAND IN THE UNITED STATES
reoera Jurt Held Merely That Chinese Sailors on American
Ships From American Ports Could Come
Ashore Here

American port, where he was to be dis
charged.
IL was held in the case OF In re Jack
Sen et al, by Judge Sawyer of the Ninth
Circuit, that
a Chinese laborer who ships on an
Nnerlcan vessel. at an American port.
ior a round voyage. and who does not
land at any foreign port. but remains on
board Until the voyage Is completed
DOES NOT DEPART FROM THE
United STATES WITHIN THE
MEANING OF THE EXCLUSION ACT
OF October I. isSS." 03 Fed Rep. 2e1)
So II was also held in the recent case Of
In re Jam, Vol 101. Fed Rep. page $50
that
The treaty of 1894 with the Empire Of
China, and acts of Congress Of 1SSS 1904
excluding Chinese laborers' from comirg
luto the United States. are not applicable
10 "a Chinese seaman who ships as stew
ard aboard a vessel bound for port I'm
b the United States. and who lands with
q the Intention and desire to reship as soon
"a possible"
/ So also in the very recent case of In
\ r. Lew Young et al, decided In the Unit
ei states Circuit Court for Washington
and not yet reported. where Judge Han
ford held that
AS seafaring men, the petitioners are
not Chinese laborers under the meaning,
Of the Exclusion Acts and they are en-
. lltltu 10 lnelT liDertN.
In a word. the question presented 3n
this case II not whether this Chinaman fs
now seeking to Illegally enter into the
United States at this port as an immi-
grant, FOR HE Is ADMITTED NOT TO
BE AN IMMIGRANT, as defined by the
Exclusion acts. but rather whether he as
n chinese seaman, already domiciled m
the United States, can legally follow the
sea for livelihood when he sails on an
American ship TO an American port AMI
iu such port leaves the ship with the n
tent 10 re-ship for the port OF departure
think ne can do this and not violate the
terms OF the Exlusion Acts
This Chinaman is not an immigrant un-
der the law. nor Is there any provision Jt
the Organic Act for the Government OF
the Territory OF Hawaii. approved ApIi
~. 1900. authorizing the Collector of Gus
toms to prohibit persons in a like position
with this petitioner from landing from
an American ship. coming here i'm tia
usual course OF commerce on the sea from
al American port, New York. to the pur
OF Honolulu. which Is also an Americs
port. and especially when they do no
come as passengers but as sailors EN-
ployed by the ship. as was this petitione
In the usual and customary manner an
for the sole purpose Of making the usua
customary voyage.
b The court is OF the opinion that tn
Chinese Exclusion Acts do not apply II
: THIS CASE and that the petitioner Is en-
titled to land.
Let him be discharged from custody.
, ESTEE, Judge
, As evidence Of the wide currency whicl
r had been given the tale and how il wa
= considered In the Eastern States. the fol
lowing Washington dispatch concernin
the matter will be Of interest.
I ITtIRFATENEp TN-vASToN M ASrAT
= ICS AN ABSURDITY.
Matter or Exclusion Not at All Affecte
by the Decision Of Judge Estee.
, WASHINGTON. oct. 29.-It is goo
news TO the Republican campaign mana