The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-21
CAN All
SING LAND ]?
Estee's Decision VS..
Treasury Ruling.
LATTER SAYS He CANNOT
Federal Judge Allowed TIE Chinese
to Enter Hawaii Despite Attor-
ney Generals Finding.

A decision rendeyed on Wednesday by
Federal Judge Estee in which one All
Sing, a Chinese from San francisco,
was released from the custody of the
Territorial authorities on habeas corpus
proceedings, and allowed to land in
Hawaii, has an important relation to a
recent Treasury Department ruling. The
decision by Judge Estee was that Chi
nese from any other part of the United
melled by legal proceedings.
This is Numerically opposite to the rul-
ing above referred to, rendered by F.. A.
Reeves, Acting Solicitor of the Depart
ment of Justice, Office of the Solicitor of
the Treasurer The ruling was made in
response to an inquiry by Joshua X.
Brown, local Chinese Inspector. This was
based upon an opinion of the Attorney
Generals department that Chinese In the
United States were not entitled to land
in Hawaii. A copy of the opinion was
fo1 warded to Mr.. Brown, as follows:
Department of Justice
Office of the Solicitor of the Treasury
Washington, d. c., June 20. 1900.
The Secretary of the Treasury.
Sir: The Hon. 7. V. Powderly, Commits
sicner General of immigration, has re
ferred for instruction a letter, dated the
End instant, from Joshua X. Brown, Chi
ncse Inspector at Honolulu, II. l., rela-
tive to the admission of Chinese coming
from the United States to that Territory
The Inspector states his case in this way
81 he positive provisions of Section 101 O
the Act of April 80, 1900, That no Chinese
laborer shall be allowed to enter any Stat,
or Territory of the United States from tn,
Hawaiian Islands, suggests an inquir.
of the Department for instructions rela
| tive to the admission of Chinese coming
from the United States to the Territor.
of Hawaii.
Section 101 of the Act providing a gov
err ment for the Territory of Hawai-
should, think. be construed in connec
ton with the Joint Resolution approves
July z, 1898. which reads as follows
There shall be no further immigration
of Chinese into the Hawaiian Islands
Except upon such conditions as are nov
or may hereafter be allowed by tn
United States; and no Chinese. BY reaso
of anything herein contained, shall b
allc wed to enter the United States froT
the Hawaiian Islands,
Nc express provision Is made by tn
Act of April 80, 1900, for the immigratio
of Chinese to Hawaii from the Unite
States.
If it had been the intention Of Congress
to extend this privilege, doubtless regula
tic MS would have been authorized or pre-
scribed so as to prevent its fraudu!en
abuse. While Chinaman who is a cit
lien of the United States by reason of hi
birth would have a right to visit o
emigrate to the Territory of Hawaii, 1
common with other citizens of this cour
TRY, an immigrant Chinaman residing her
would not have that right. in the absenc
of express authority by Congress.
l am therefore of the opinion that Chi
nese immigrants cannot be admitted I
the Territory of Hawaii, although comm
from the United States.
See % OPP. A. G., page 1853; and OPP. c
the Solicitor of the Treasury, CT May
1899. as to the proper construction of til
said resolution.
The letter submitted is herewith re
turned.
Very respectfully,
(SigneD f. A. REEVE,
Acting Solicitor
This distinctly states that even thong
having been a resident of Hawaii an
having gone to another part of the Unite
States. Hawaii is yet to be considered
foreign country as far as the Immigrs
ton laws are concerned. What will /
the result of the opposing views of tn
Federal Judge is a matter of conjectur
but there is every reason to believe ths
Judge Estee is right. Under his RUIN
immigration from the United States O