The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-11-13
THE CR|NAMAN ARRESTED.
CAME FROM sOLACE AND TAKEN
INTO CUSTODY.
Proved American Citizenship, However,
And is Released-Scheme of Captain
Winslow-To Washington.

toms inspector Mitchell about $3.50 last
evening for illegally landing in the Ha-
waiian Islands. This morning, how
ever, he proved that he was an Ameri-
can citizen and was released upon an
order of the United States district at
torney, MIR. Baird.
Captain Winslow, of the Solace, in the
matter of the Chinese on his vessel
ever since he has been here, has run
squarely against the rules of the
Treasury Department and has even
gone so far as to have his guards
show the bayonet to the inspectors
that were attempting to keep the Chi
namen from landing. The following is
the opinion of the acting solicitor of the
United States upon which the local col
lector has acted in preventing mainland
Chinese from landing here:
Department of Justice, Office of the
Solicitor of the Treasury, Washing
ton, D. c., June 20, 1900.
The Secretary of the Treasury.
Sir: The Hon. T. V. Poverty, Conn
missioner General of immigration, has
referred for my consideration a letter,
dated the End inst, from Joshua K.
Brown, Chinese inspector at Honolulu,
H. l., relative to the admission OF Chi
nese going from the United States to
that Territory. The inspector states his
case in this way: THE positive pro-
go 1900, that no Chinese laborer shah
be allowed to enter any State or Ter
ritOry or District of the United States
from the Hawaiian Islands, suggests
an inquiry of the Department for in
structions relative to the admission Of
Chinese to the Territory of Hawaii"
Section 1Ol of the Act providing
Government for the Territory of Ha-
wall, should, | think, be construed in
connection with the joint resolution ap-
proved July Z, 1898, which reads as fol-
lows: "'There shall be no further I'M
migration of Chinese into the Hawaiian
Islands, except upon such conditions as
are now or may hereafter be allowed
by the United States, and no Chinese,
by reason of anything herein contained
shall be allowed to enter the United
States from the Hawaiian Islands"
No express provision is made by the
Act of April 30, 1900, for the immigra-
ton of Chinese to Hawaii from the
United States.
If it had been the intention of Con-
gress to extend this privilege, doubtless
regulations would have been authorized
or prescribed, so as to prevent it's frau
dulent abuse. While a Chinaman who
is a citizen of the United States by rea-
son of his birth, would have the right tc
visit or migrate to the Territory of Ha-
wall in common with other citizens OF
llliS County, al immigrant
residing here would not have the right
in the absence of express authority by
Congress.
L am, therefore, of the opinion that
Chinese immigrants cannot be admitted
in the Territory of Hawaii although go
ing from the United States. See % Op
A. G. p 353; and Op. of the Solicitor OF
the Treasury of May 1st 1899, as to. the
proper construction of the said resolu-
ton.
The letter submitted is herewith re-
, turned.
! Very respectfully,
f. A. REEVE,
Acting Solicitor
! Yesterday Captain Winslow visited
| District Attorney Baird and was ad.
Vised by that official to square himself
with the collector of customs and obey
the law. He started in to "obey the
law" by putting up a job on the latte
! official last night. Selecting Jasen
| Chiu, whom he knew to be an American
| citizen he sent him ashore and watch
ed developments. The Chinaman was
! of course, promptly picked up by tn,
| inspector and taken to the custom
house. From there he was sent to tn
city Jail and it was expected that h
would be brought into court this morn
ing.
Getting tired of the experiment Jasen
Chiu confessed to Collector Stackabl
that he was an Aemrican citizen. TIL
matter was followed up and the China
man proved his claim. This let the ma
out and this morning Mr.. Baird drafte
the order of release.
The termination of this case does no
affect the point made by the collecto
at all and is not in any sense a victor
for Captain Winslow, however muc
that official would like to so designat
Tho of Io
be treated precisely as was Jasem Chi
should they attempt to come ashore
Judge Estee has repeatedly ruled tina
the bureau of customs has no recours
but to take them into custody on an
attempt to land 1t is the duty of tn
collector, in other words, to arrest ever
Chinaman on the Solace attempting
land even though they all should tur
out to be citizens, and he stated thi
morning that he would carry out tn
law at all hazards.
Accounts of the trouble will go [
: Washington and will doubles result
I considerable correspondence betwee
J the navy and treasury departments.
, Bearing on the matter in it's gener
aspects District Attorney Baird hs
written as follows to Collector Stacl
able:
Department of Justice, Office OF Unite
States Attorney, District OF 'Hawa
Honolulu November 10, 1900
Hon. f. r. Stackable, United Stat,
Collector, Honolulu, Hawaii.
Sir: l have the honor to acknowledl
receipt of yours of this date asking
to the best course to pursue to preve
the landing of Chinese employees OF Il
U. S. S. Solace, and possibly remainiI
in the Territory. II would be the sir
plest method, perhaps, to station guar
at the wharf to warn such Chinese pc
sons from landing, and, If they persi
in doing so, to arrest them. In tn
event they may be kept temporarily
| the police station in Honolulu. In SUI
event please report the facts prompt
n to this office and the office of the Unit
I States Marshal.
l agree with you that you have T.
undoubted right to board any vess
that enters a port in Hawaii, and c
pecially a vessel of the United Stat,
to enforce the laws of the Nation.
Yours respectfully,
JOHN c. BAIRD,
United States Attorney for Hawaii
~, Aoo,a AUaN