The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-20
CHINESE
CANT COME
Merchants From
Mainland Sent
Back.
MAY BECOME LIKE
WANDERING JEW
If Refused Entrance Into United
States -Yung Ho Ordered
Deported by Estee.

Judge Estee sustained the ruling Of
Collector Stackable yesterday in refus-
ing to allow the two San Francisco Chi
nese merchants to land from the Mari
posa, and they will be sent back today
TO the port whence they came. If the
contention made by Attorney Fitch is
borne out in fact, these poor Cinnamon
may be refused admission to San Fran
cisco by the collector of the port, and
again sent back to Honolulu, this pro-
gram to continue indefinitely within the
lifetime of the much abused Orientals.
Judge Estee held that he was without
Jurisdiction in the matter, and refused
to pass upon the application for wrlts
of habeas corpus The ruling is impor-
the Collector and will not allow the
landing in Hawaii of any Chinaman
! from any place in the United States,
unless he is a native Of the United
States. Consequently immigration OF
Chinese to Hawaii in any form is abso-
Iutely prohibited.
| The Treasury decision under which
collector Stackable was acting is quoted
| in full as follows:
| Department of Justice.
F. E. r. No. 6S-iS96.
| Office of the Solicitor of the Treasury.
| Washington. d. G., June 10Th, 1900.
The Secretary of the Treasury Sir:
The Honorable T V, Powderly, Commits
sioner-General of immigration, has re
ferred for my consideration a letter dat
| ed the End instant, from Joshua Is
| Brown, Chinese Inspector at Honolulu.
H. l., relative to the admission of Chi
| nese going from the United States TO
that territory. The inspector states his
case in this way: The positive provisions
| of Section 101 of the Act Of April goth,
| 1900 that no Chinese laborer shall be
| allowed to enter any State or Territory
| or district of the United States from the
| Hawaiian Islands, suggests an inquiry
of the department, for instructions. reia-
| tive to the admission of Chinese going
from the United States to the Territory
| OF Hawaii.
Section 101 of the act providing a gov
| eminent for the Territory of Hawaii
| should, I think, be construed in connec-
| ton with the Joint Resolution approved
July 7th. 1885, which reads as follows
| There shall be no further immigration
of Chinese into the Hawaiian Islands,
except upon such conditions as are now
| or may hereafter be allowed by the
| United States: and no Chinese, by reason
| of anything herein contained, shall be
allowed to enter the United States from
| the Hawaiian Islands
| No express provision is made by the
| Act of April 80 1900 for the immigration
of Chinese to Hawaii from the United
| States.
| If it had been the intention of Congress
| to extend this privilege, doubtless reg
ulations would have been authorized,
or prescribed, so as to prevent its
fraudulent abuse. While a Chinaman,
who is citizen of the United States
by reason of his birth would have the
| right TO visit, or migrate to the Terri
tory Of Hawaii in common with other
citizens of this country, immigrant
Chinaman residing here would not have
authority by Congress.
| l am, therefore, of the opinion that
Chinese immigrants cannot be admitted
in the Territory of Hawaii although go
ing from the United States. See % DIP
A. G. p. 1853; and op. of the Solicitor OF
the Treasury of May list 1899, as to the
proper construction of the said resolu-
ton.
| Very respectfully.