The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-27


piled with The reQuirgue1ts " the Hl-
Nai.al statutes and regulations
The -lral authorizes. although fully
realizing -Ie E-sl- hardship VEiel In
-Ie.ef Browns ruling .rf.e..f upon
Che Cl.UFza. Odd aI .u sl..r power 90
dppar- tle il-r....- .l doing VIVA.
De- ....Fsl OBJ "a. Dds |l.y iH .Is 1-,--
.-,s
severe. .---rr.-s were employed rr
behalf 10 Che jee.-L C1.a-s- WIKI tte
rtsul, .l- uuur.r 90 V--.l -.
H-svl- Corpus were applied f.r and
uU.alU5i for .rs purpose O., Ias..- fr.
IN Inspectors ruling reviewed tv t1.
Sur-eUe Coul.. a clause il .la New
land Ets1lu..al provided that ..lJra
-1lA De TO further INN Erl...l .r
Cl.uc@a il-0 Che Hawaiian Islands .N-
cep- upon sU-I conditions AS are nov
or may hereIf,t- be allowed tv fhr
laws o. the United States.
When the eases came up for a.eu-
men- in the Supr- re Court the pr.u-
clp3i contentious made hy counsel
were. by Humphreys & Gear. tllt the
Islands we're L.- annexed Cd tfe United
States. because she Hawaiian I.-gs.r-
-u7e had El- accepted nor confirmed
the r-z-.-icn O. CllEr- and th1-.
therefore. i-s prov s-0ns could have no
force here. by NagCo1 and S.lImln.
that these Chinese or 80 many " them
as had previously resided here were
r1- immigrants ID Jha- their re urning
here could not De immigration" with
in the meaning Of the resolution. also
that fur.hsr legislation by Congress
was necessary 10 put the Federal EX-
clus.on Acts in operation here: and by
Robertson & Wilder. that even n the
Exclusion Acts were in force here bv
virtue OF that resolution. they ought.
TO- 20 be given a retrospective opera
ton ana therefore should not be made
20 apply TO Chinese who were POSSESS
ed OF permits issued 10 them prior to
annexation.
The Supreme Court overruled all
these arguments and remanded the
petitioners into custody.
The Chinese then took an appeal to
the Secretary OF the Treasury at Wash
ingtCn under one OF the provisions OF
the Exclusion Acts The matter was
referred 10 the Solicitor General Of the
United States who rendered an opinion
TO the effect that the Newland's Reso-
luton put the Exclusion Acts in force
in these Islands. but holding that there
was nothing in those Acts to prevent
the return 10 this country OF Chinese
resident here from a visit TO China.
The Solicitor General also verbally ad-
vised the Treasury Department 10 re-
cOgnize all permits issued by the Ha-
waiian authorities prior to the arrival
Of Inspector Brown at Honolulu The
Secretary of the Treasury thereupon
reversed the Inspectors ruling and
directed him 10 allow the holders Of
all such permits % land.
Pending these proceedings other
Chinese came here and were also held
in custody 10 avail the final result OF
the appeal taken to Washington. Mr.
Brown received his instructions abJu.
the middle of March. 1899. and imme-
diately released the Chinese from de-
tention.
In the meanwhile IL had been neces-
sary to guard and feed the prisoners
The United States have paid the ex-
pense OF guarding them. but have re-
fused TO pay for their maintenance.
We have reviewed. briefly, the history
Of this matter in order to show that
this indebtedness was incurred by a
Federal officer and i'm the enforcement
of Federal law.
Il appears that the orders for the
supplies were given by the Officers of
the local Board of Health who were
assisting Mr.. Brown in the matter. and
It was well understood throughout the
community that IL was the Federal
official and not the local authorities
that were OBTAINING the Chinese.
Ii having been authoritatively de-
cided that the United States laws re-
lating to Chinese immigration are in
force here, and ghe detention OF the
said Chinese having been undertaken
by Federal officer whose duty e was
to enforce those laws, IL appears to us
that the local government is I'm no way
responsible for or obliged TO pay these
bills, and that the petitioners should
seek payment from the Federal gov
eminent and press their claims at
Washington.
We therefore recommend that furth-
sr consideration OF the petition be
indefinitely postponed.
Respectfully submitted.
q N DnnEnTEnNr