The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-19
CITIZEN
Or ALIEN
.ChineseMerchants
From Mainland
Barred.
ONLY NATIVE BORN
CHINESE MAY CONE
Writs Applied for Before Judge
Estee-lwilei Injunction Case
in Circuit Court.

Chinese merchants who are detained on
the Mariposa by order of Collector
Stackable Writs of habeas corpus were
applied for yesterday by Fitch & Elem
ing, attorneys for the two Chinese in
question, Chuck Seen and Chew Yoen.
The writs are made returnable this
morning at II o'clock before Judge Es-
tee
The two Chinese arrived on the Mari
posa Friday from San Francisco and
when they attempted to land We're
taken in charge by Collector Stackab bic,
who claims they have no right to en-
ter. The men alIege that they are resi-
dents of the United States and that
they have the same right to travel ir
Hawaii or any other part of the Un:ted
States as any other citizen.
Another entirely new question will t
raised in the hearing before Judge Es-
tee this morning, as the right of a Chi
nese to come here from the Mainland
has never been brought up before.
The decision of the Secretary of the
Treasury, which Collector StackabIe re-
lies upon, is of broad import In effect
il says that no Chinese may enter Ha-
waii except those born in the United
States: all other Chinese must be class
ed as aliens Here is another case
where q, distinction is made between the
status Of Hawaii and that of other
Statas and Territories for Cinnamon
who have residence in the United
States may travel from one State to
another.
These Chinese do not claim to have
been born in the United States, and
give their place of birth as China, in
the applica ton for writs of habeas cor
pus
In the application for writ Chuck
Seen alleges that he is a resident of
San Francisco, that he is merchant
and has been doing business for TWEEN
ty years in San Francisco as a member
of the firm of Tong Wo & Co.
CHOW You Young claims Carson City,
Nevada, as his place of residence. where
he mas been in business for twent''
years. He alleges also in his application
that he IS a member of the firm of Hop
Hing & co. of this city and that he has
a certificate of registration.
In refusing to allow the complainants
permission to land, Collector StackdrIe
is acting under a ruling of the Unite1
States Treasury Department which for
bids aliens to land either from foral2 :
ports or from the United States.
II is claimed that the United safe:
courts have no jurisdiction n these
cases. under the following statute of tn,
United States;
In every case where an alien is eX
Guided from admission into the United
States under any law or treaty now eX
listing. or hereafter made. the decision
| of the appropriate immigration or Gus
tom officers, if adverse to the admis
| sion of such alien, shall be final unles
reversed on appeal to the Secretary o
the Treasury"
| The question which will be raised i
as TO the status of the prisoners |
they are citizens of the United State
| they are not aliens under one cOnStruc
| ton OF the law. If the court holes tina
| it is without jurisdiction, the remain
| ing interesting questions will probabl
not be raised A decision on the poin
| involved would be a very importan
| one from the fact that future relation
between the Chinese of the States an
of Hawaii makes probable a larg
lamount Of intercourse between the tw
places.
ANOTHER FEDERAL COURT CASE
! w. H. Rooney. the hackman, has bee
summoned to appear in the Unite
States Court this morning to eXplai
| his alleged interference with the Unit
ed States mails. He is said to hav
been involved in an alteration wit
Gomez, a driver of a wagon Which wa
used in transporting the mails.
IN CIRCUIT COURT.
The Iwilei injunction case was o
trial Saturday before Judge Gear i
the Circuit Court. In the morning Rev
Mr. Azbin exchanged compliments c
Riblical flavor with the court. in whic
lin was hard to tell which was best &C
auainted with the Scriptures. Mr.. Az
hill was on the stand during a goo
mart of the day and told all he knew {
the uses to which the enclosure wa
nut. 1t was shown that the churc
Twas in a state of ruin, but Mr.. Abb
has already applied to the trustees {
Kaumakapili Church for permission
reopen it. Witnesses for the defens
Testified that very few people used tn
Ichurch opposite the stockade. and tha
Lin had been place of habitation fc
ldogs and goats. and people used
for shooting craps A dozen witnesse
were examined for the defense, an
latter argument it was decided that til
lease should be dismissed as to the de
PENDANTS Ena and Sullivan.
| The Love Magoon case has agai
been postponed, but may be taken u
today
An order for division of the chi