Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-26
TREATY RIGHTS
CHINESE CLAIM THEY HAVE
BEEN UNJUSTLY TREATED.
INTERFERE WITH LIBERTY.
Enforced incubation Is Arbitrary-1n-
junction Case Before the
Courts.

Courts.
San Francisco, May 25.-Argument was
begun in the United States circuit court
today on the petition for an injunction
filed yesterday by Wong Wal, a Chinese
subject, who seeks to have the city BOARD
of health and DR.. Kinyoun, the federal
quarantine officer, restrained from keep
ing him Is, 900 other Asiatic residents
from leaving the CITY unless they first
Submit to incubation with what is
known as the Haffkine serum, alleged to
be a prophylactic against bubonic pla-
que infection.
Judges Morrow, De Haven and Hawley
occupied the bench, n the array of
counsel was formidable. The court room
was densely crowded with Chinese and
JapaneS merchants and their white ad-
visors n sympathizers. The attorneys
for the Chinese set forth that there is not
now nor has there been a case of ubonic
plague in San Francisco, but despite that
fact the petitioner and his fellow
trylnen are prevented from leaving the
city until they submit to incubation with
the serum. This enforced incubation 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 causes great pain and dis
tress to the person subjected to it and
many cause death. It's only pur-
pose is to prevent the bubonic plague be-
ing contracted, not to cure it, and as the
disease has not existed in San Francisco,
and there is no danger of it's existing
here, the incubation is purely unneces-
Sary.
United States Attorney Coombs, for the
board of health and Federal Quarantine
OFFICER kinyoun, read an order from the
treasury department by which he claim
ed the federal quarantine official at this
port Is authorized to prevent the trans
portation by any commercial carrier of
Asiatics or another class of persons like
ly ITO convey cOnjtagion to other commune
ties unless they are provided with certf-
tcates to show that they rave been prop
erly ~fnoculated against such c%ontagion.
Mr.. Coolnbs Also read a resolution ADOPT
ed by the state board of health on May
u. that the bubonfc plague has existed in
this City within the last ten days.
Judge MORROW raised a question as to
the courts jurisdiction in the premises.
Inc matter of pecuniary damage infict-
cd 10y the restraint could not be consider
en- ~ me court, he said, could only decide
"nether the restraint itself was illegal.
Our complaint" said Attorney Ma
sulre. follows the line of strike and bow
colt lnjunctions in which injury and
damage are alleged. The respondents
are interfering with the liberties and
rights OF which the petitioner and 9TH
er Ch1nese residents are accorded nv the
treaty existing between the United
States n China. Therefore, in nv
opinion, this cour has full Jurisdiction
In this case"
Ihen the attorney proceeded to show
iIao 'ne restraint complained of was
liiesai Oh the part of both the citv hos nd
oI health and the federal quarantine Off
Ger. But even If the plague did ex;st
mere, Attorney Mcguire commended the
Iederal health officer would not he an
tnoIlzed to prevent travel from one coun-
~ 10 another or from one state to an
other. Such matters, he claimed, are
exclusively in the countro of the local
authorities. ~
After a number of attorneys argued on
slilliaf INES the court adjourned until
Tomorrow, when the argument will he
resumed. w
Local Japanese this afternoon filed in
the circuit court a petition for an iniunc
ton similar to that asked for by the Chi
nese restraining the federal authorities
ana the local board Of health from stop
ping Japanese from travelling to Other
counties or states.
Washington, D. c., May 25.-Through
it's charge d'affaires here. Mr.. Heisiro
Nabeishima, the Japanese government
has Joined the Chinese governmnt in a
strong protest against the compulsory
incubation of Japanese and Chinese in
San Francisco with anti-plague serum.
The Japanese protest is much more ener-
getic and forcible in it's terms than tina,
lodged by the Chinese government, and
conveys a very plain intimation the
while there could be no objection to a
general incubation if such was regarded
as necessary to prevent the extension OF
the plague, it cannot be contemplated
that any discrimination should be prac-
ticed against the Japanese and Chinese
the rule must be general and include
Caucasians as we'll as yellow men. I'm.
ii the Chinese. the Japanese have q
measure of protection afforded by Their
most recent treaty with the United
States, which, on it's face. might seem te
warrant their protest against any dis
criminatory treatment. The comnunf,
cation has been referred to the surgeon
general of the marine hospital service
with directions to report the fact at once
1t is understood he has telegraphed to thu
officer of his service in charge Of thu
work of stamping out the plague IN Saf
Francisco, and it is presumed that thu
net result will be an abatement of thu
rigors of the quarantine measure no be-
ing enforced there.
pATR0j MAN SHOT.