The Hawaiian gazette., 1901-07-30

Nut inht sht hN"MN 'hlNa " h'I
home.
Ana aeoin. while che sois up IN nor
answer that she On she daughter ~ one
chuck see now iu the Islands. and us
appears from tho testimony. at present
on tile island 81 Maui. yet the alleged
father was not produced tu identify
the woman ns his daughter or TO ufrcr
what would seem Co be the strong st
evidence that could be adducpd TO
prove her birth, namely that Of pa
rent.
"Thc general trend OF the decisions
[ upon the question OF evidence VI birth
I Of persons of Chinese descent In the
/ United states, is stringent, ana as was
stated in the decision IN the kut Yong
case hcrolunbovc referred to- the effect
of long absence in China is highly pr j.
judicial 10 the claim Of the applicant
FOR rc-eutry. Gee Fook Sing vs.. u. $
% Fed, 1916, in re Louie You, % Fed.
Rep, 500
THE circumstances attending the al
legged Chinese marriage Of this defend
ant and Yong Hang, he being u the
Hawaiian Islands and she In China IL
the date Of the marriage. as testified TO
in this case, are unusual ana not IN
conformity with the customs attending
a Chinese marriage. There is no proof
as to what those customs are, but az
CordnE to very interesting article
from the Encyclopaedia Brittaniaa, vol.
8, page GO, it appears that Chinese
marriages are solemni2ed as follows:
The bridegroom prepares two large
cards on which are written the par
/ ticulars of the engagement, one
of which is sent to the lady.
Following the exchange of cards. pres
ents of more or less value, according
to the wealth of the parties, pass be-
tween the households, and at last when
the happy day arrives, the bride sur
rounded by her friends, starts from
her fathers house in a sedan chair for
her future home. Half way
between the two houses she Is met by
party of the bridgegroom's followers
who escort her the rest of the way
On alighting from her sedan
chair, she is led with her head covered
into the room where her future hus-
band awaits her. Without exchanging
word, they sit down side by side. and
each tries to sit on part of the dress
of the other, it being considered that
the one who succeeds in so doing. will
rule in the household. They
then adjourn to the reception hall
where they worship heaven and earth
and their ancestors This done, they
drink a glass of wine together, when
for the first time the bridegroom is al
lowed to see the face of his bride. Here
the marriage ceremony ends
"Conceding that in this case all of
the preliminaries have been gone
through with Gt being in evidence that
the parties We're married according to
Chinese customO, yet as Yong Hang
was here, and the woman in China It
was impossible for the necessary cere-
monies of a marriage of this character
to be completed until the alleged bride
had reached the home of the bride
groom. In this instance, fully year
elapsed before the bride attempted to
join her so-called husband. Until she
did join him and complete the marriage
ceremonies. the marriage remained in
an incomplete and inchoate state ac-
cording to the Chinese custom.
Such was it's condition when the
defendant, Kan You, reached Honolu-
Ia. 1t is evident the attorney FOR the
defendant realized this fact, and tacit-
ly admits 1t by his conduct In having
new ceremony performed here be
tween the parties, according to Am
erican law.
But the status Of the woman when
she reached Honolulu, is the status
which the court must take into con-
sideration in deciding this case. She
came into this country under the
fraudulent allegation that she was the
wife of domiciled Chinese merchant.
THE court therefore is of opinion
that even If the testimony relative to
the Chinese marriage Is to be believed
yet such marriage is incomplete, the
contracting parties at the time living
in different Jurisdiction, and the mar
riage never cOnsummated before the
woman's entrance into this Territory.
The defendant was therefore not the
wife of Yong Hang when she reached
United States territory, and any subse-
quent marriage cannot be a factor in
deciding the case.
"1n view of the conclusion of the
court upon the two other questions in
VolVed in this proceeding, it would not
seem necessary TO pass upon the status
Of the man Yong Hang: but the evil
dence seems to be clear that the said
Yong Hang does not come within the
provisions of the term merchant as
defined in the statute (Act OF Novem-
Der 3, 1898, u. s. Stats, vol. % page y
as being a person engaged In purchas-
ing and selling merchandise. ETC. The
testimony is uncontradicted that he is
simply journeyman painter, and as
such, common Chinese laborer. Were
the court to have entertained a differ
ent opinion upon the question of the
marriage Of these parties, and have
held Kan You to have been the wife
of Yong Hang, she would yet partake
OF his status as laborer, and as such
would be debarred from entering the
Territory, and being in under the cir
OF this case, would be un-
lawfully here. I'm re All Moy, vol. 81, /
Fed. Rep, page 2S5.)
"ft is therefore the opinion OF the
court. and It so holds, that not having .
proven her birth In these Islands, or
her marriage to a domiciled Chinese
merchant herein. the defendant. Kami
You, is unlawfully within the United
states and the District of Hawaii, and
Is hereby remanded TO the custody of
the United States marshal. with In
'tructions to deport her to the country
rom whence she came
ESTEE Judge
July 90 1901 q"
MIR FITCH WAS OuTWARDIY
CALM.
However he may have felt while the
ourt was administering his rcbuke a.
'e spread upon the records, Mr. Fitch
'utwardly was quite calm and the
asunl observer would hardly have
.noWn that hc vas the individual b.,