The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-13
~ M or THE MOST ABSURD OF tn.

~ Nt W lht MUST ABSURD OF the
" campaign roorbacks which the
Democrats OF the Mainland haze
been making use OF during the closing
days of the campaign was u threatened
Invasion of japanese and Chinese. and
they based this bugaboo, largely on
decision made by Judge Estee. by the
terms OF which they claimed that all Jap
anes, and Chinese Of Hawaii would be
admitted free TO the United states
The decision In question was made IN
the case Of An Sing. Chinese sailor who
asked for permission 10 land here. AS a
matter of fact the decision contains no
ruling whatever that could be tortured
into an expression OF opinion that orient
ais In Hawaii had right TO land.
Judge Estee ruled that An Sing. who
had been sailor on American vessels out
% the port OF New York for many years.
was not an Immigrant and could not be
considered as such and restrained from
landing.
For the better enlightenment of those
Interested In the matter the opinion is
here given In fun:
In the United states District Court In and
Tor the Territory of Hawaii
Ia re- Application OF All Sing for "a Writ
OF Habeas Corpus.
Davis a Gear. attorneys for petitioner
John e. Baird. 4. =. District Attor-
ney. for Edward y. Stackable. Collect
of the Customs for the Port OF Homo
/ lulu
/ This ~ an application for a writ OF ha-
Ibeas corpus made on behalf OF one An
Sing. Chinaman, claiming TO be sea
faring man On cook on board the Ameri-
car ship Challenger. which sailed from
tho port Of New York. IN the United
states. on the 18th day of April. 1900. and
arrived at Honolulu on September 1st.
1900 the said petitioner claiming TO he
uulawfully detained and imprisoned by
the Collector Of Customs az the port OF
Honolulu. he having been refused "a land
Ing at said port by the Collector OF Gus
toms on the ground that petitioner H. an
allen and a native OF China, and not en-
titled 20 land under the Chinese exclusion
acts.
Upon the hearing n was shown that the
American ship Challenger sailed from the
lport of New York on the 18th day OF
April. 1900, for the port OF Honolulu. Ha-
wailan Islands. and (as shown I'm the ar
lticles of shippinE) 90 such other ports
and places I'm any part OF the world a. the
master may direct and back TO a fna
port OF discharge In the United States
That An Sing. the petitioner was regu-
LARRY shipped as cook on board the said
ship Challenger NJ the said port OF New
York. signing the shipping articles ir
IChinese. the shipping commissioner plac
inR opposite his Chinese signature th'
words "Ah Low" IN English. this beinp
levpiained by tho fact that the petitioner
could not read English and did not know
that the commissioner had written hi'
name An Low instead Of All Sing, as ap
J pears from the testimony OF the maste
lof the ship and the petitioner.
t'pon the arrival Of the ship at the pOr
. Is.F a.fstIts h aF hss
. IcharFed her cargo and undertook 20 pdl
OF the petitioner and discharge him a
the port of Honolulu. In accordance witt
; the shipping articles. hut the Collector q
Customs refused 20 allow petitioner t.
; land
N was shown by the evidence at tn
: hearing that the petitioner had been
seafnring man on American ships sailinl
; out of the port of New York for twent'
wears lie produced In evidence eigh
certificates of discharge from differen
, American vessels on which he had sailed
: The master of the ship Challenger tesii
fed that the petitioner was n sailor; tina
the petitioner had consulted with him, IN
master. about returning 20 New 1ork
and that he believed the intention OF tn
; petitioner was % Immediately rcship upo
Ianothcr vessel as cook or steward TO re
: turn % that port, and that n was not tn
Intention OF the petitioner 20 remain
the port Of Honolulu
= The single question r.. DO THE CHI
Y NEsE EXCLUSION ACTS APPLY TT
= TINS PETITIONER
N was held IN the recent case OF IN
|. United States W. Burke. 20 Fed. Rep
Sqg. that
"The legislation contained I'm the var
aus statutes that have been passed rela'
ling 20 immigration IL clearly directe
; lagninst the IMMIGRATION INTO TIL
COUNTRY or CERTAIN CLASSES ~
: -lPERSONs WHO COME HERE WITT
, THE INTENT To ENTER INTO An
. lHECOME A PART or THE MASS %
J. IT.rq POPULATION And I'm IN
same case the court further says. aft,
a review OF all the statutes
! THAT these statutes do not contemplal
|. the crews OF vessels which lawfully trad
!, Ito our ports .: that alien seame
using the ports OF the country I'm the
: ships are not alien immigrants"
SO n was held In the case OF Chimes
. l"Cabin Waiter Sawyer, $50 O3 Fed. Re-
~ sSO where An Sing. n Chinaman, shippc
ON the city OF sydney and went TO Au'
. Itratia. touching at various foreign port
. without the certificate required TO be ol
v tanned by every Chinese laborer WI
shall depart from the United states NJ
" Justice Field held that the petitioner WI
!, not within the provision Of the act requi
ing n certificate. as he was all the whi
~ upon nm American vessel. upon which J
D. shipped IN the United states for the rour
voyage 20 Australia and return TO