Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-07-23
little Footed XAn
TWICE HAS She MARRIED
Ter BELOVED YOUNG HAN
Brief Of Thomas Fitch in Support Of
Her Legal Right to Live
on American
Soil.

In the case of the United States VS..
Kan Yam for deportation, the sfen-
dant being the little footed" Chinese
woman who was MARRIED last week one
hight when crowded out of Jail. Ihom-
as Fitch has filed brief which covers
interesting points. The Greta Green
marriage at the office of the venerable
jurist. at which Rev. a n. Cory per-
formed the ceremony. seems to have
Kan Yam and Young Han. The first
marriage was peculiar to the customs
OF China. The bride WIS in the celes-
tial Empire; the groom was In Hawaii,
being represented by proxy at the
event in China.
The brief In part is rs follows:
The marriage in China, a year ago,
according to Chinese law and customs
OF the defendant Kan Yam 70 Young
Han. who was at the time In Honolulu
is proven by the testimony Of the de.
| fendant Kan Yam. by The testimony OF
the husband Young Han that he ac.
cspted and ratified the marriage, and
! by letter from the father of Young
| Han. who represented him at the cere.
moEy. giving the particulars of the
marriage.
"A marriage good at the place where
Il was contracted Is good everywhere
And marriage between Chinese
one Of whom is in China, and the Other
In the United States at the time of the
marriage Is valid. and the woman 4.
entitled to land, there being no proc
that she is prostitute"
The Honolulu marriage according e
American law was unnecessary. II the
Chinese marriage was valid one, bu
IT the Chinese marriage be held in
valid, the Honolulu marriage fixes tn,
status OF the defendant beyond al
question as that OF the wife OF Youn,
Han, and | submit that the judgmen
In criminal or civil case must de
pend upon the status of the parties ant
the facts which exist ut the time II |,
! rendered, and not alone upon thos,
facts which existed when the complaint
was filed.
Suppose civil case brought TO annu
a deed on the ground that It was mad,
when the grantor was under twenty
one years of age, the grantor become.
OF age during the trial and thereupor
executes a deed Of aiiirmance. No adj
verse rights having interviewed and 9
supplemental answer being filed will
not the action be determined against
the plaintiff?
Suppose a criminal case where the
defendant will on conviction be sen.
fenced, II over IA years of age. to i'm.
prisonment in the peGitentiary, II un.
DEF IA years of age to detention in the
Reform School. II he reaches the age
OF IA while on trial and is over IA wher
the jury brings in a verdict OF guilty
will he not be sent to the penitentiary
Again. In criminal case where tn,
defendant is out on bail, and during the
trial he marries the woman without
whose testimony he cannot be convict
ed. will he not go free?
The defendant In this case has beer
unable to comply with the drastic pro.
vision of the Act of Congress to pro-
duce white witnesses to prove the fact
Of her birth in Honolulu. She mus
therefore to avoid deportation depend
upon her status as the wife of Younl
Hang, for that she is his wife by virtue
Of either or both marriages cannot
think be controverted.
IL has been held that the wives and
minor children OF Chinese merchants
lawfully domiciled In the United States
are not laborers, and not within the in.
tent of the exclusion acts.
1t has been decided that the Chinese
exclusion act does not prevent Chinese
domiciled in the United States and not
subject to deportation from sending
for their children who are too young to