The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1901-11-23

territory. there to leave the railroad or yes
sci and return.
son to suspect that the real purpose of the
Chinaman is TO ultimately work his way into
the United States, he should be empowered to
refuse the landing in the first instance, and
his ruling should be final, unless the best of
evidence be given TO show the contrary. Of
course in this class Of appeal should
be given to the Secretary of the Treasury, but
pending the appeal the Chinaman should be
held without bonds.
This is important phase of the Chinese
problem. Mexico is becoming quiet
along the border; the turbulent Indian tribes
are being well controlled by both American
and Mexican Governments, and it is now safe
for the Chinese to use that route and method
IN reaching their desired goal, while 1t was
ago.
1t is reported on good authority that COM
pany of Chinese merchants and Americans in
terested in the importation of Chinese has
been formed in San Francisco for the purpose
of establishing and building up a colony of
The principal business of that colony will be
der.
Again: United States Commissioners should
be vested with penary jurisdiction to deter
mine the status of Chinese persons or per-
sons of Chinese descent within the United
States or Of having failed to register while
in the United States. required by law
The laws on this subject are, If not open to
question, at least debatable.
There at least four or five enactments
which vest United States Commissioners with
JURISDICTION 10 OrQer the deportation of Chi
Dese persons and persons of Chinese descent
found to be unlawfully within the United
States
There is considerable question whether sec
tion Ii of the act of September IL, 1883, ever
became a law, and it is under that section
that United States Commissioners as a rule
tation proceedings and that an appeal by the
Chinese persons is allowed to the United
States District Court
Certain verbiage used in section of the act
of May 3. 1892 as amended by the act of No
vember 3, 1893, would afford some ground for
the argument that the status of Chinese per-
sons charged with being unIawfully within the
United States. by reason of their failure to
register. should be tried originally and ex-
elusively by a United States Judge. meaning
thereby Judge Of United States court
The tendency Of the courts has been to give
the United states Commissioner full and pie
nary jurisdiction of all cases relating to the
unlawful status of Chinese persons and persons
unlawful status was brought about by orig
inal and unlawful entry into the United States
ward rendered unlawful by failure to register,
required by law.
Therefore there should be in the new Chinese
exclusion law a particular enactment giving
United States commissioners full and unques-
TONED jurisdiction in determining the status
of all Chinese persons and persons of Chinese
descent within the United States
Furthermore. very necessary amendment to
the law would be that granting an appeal by
ent the Chinese person only is allowed an APP
peal. The United States has no remedy by
appeal
The new law should further provide that with
reference to habeas corpus proceedings bail
should be allowed. This is a very salutary
provision It tends to expedite the action of
persons suing out writs of habeas corpus.
otherwise, as It has occurred in the past, the
Chinese will out writs of habeas corpus
and obtain protracted delays; meanwhile earn
ing a livelihood in the country.
1t is also suggested that new registration
Of all Chinese persons or persons of Chinese
descent within the United States should be
provided for.
Since the last registration law of May s.
1Sc2 amended by that of November 3, 1893,
under which the period of registration expired
great many Chinese have, by eluding the Wig
lance of officers fraudulently and unlawfully
entered the confines of the United States and
are now within the country as laborers
And again. The penal laws relating to the
enforcement of the Chinese exclusion and re-
striction acts should be somewhat reformed and
rendered more effective
For instance it is made an offense to aid and
sbet the landing of Chinese. The courts have
held. under the peculiar phraseology of the
present law. that unless the landing of a
Chinaman be successful the offense is not con-
summated The law should be amended so
that an attempt to aid or abet the landing of
Chinese persons. whether successful or not.
should be made an offense
The laws with reference to the taking of
oaths and authorizing customs officers and
upon so that prosecutions for perjury might be
had.
Some suggestion has also been made that a
Chinese laborer should be permitted to bring
barrassing question. for the reason that II
would be made the means of a great deal Of
fraud; that IS. under the guise of bringing
women over as wives many women would be
brought over for immoral purposes.
The statute directed toward the deportation
of Chinese persons and persons of Chinese