The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-27
FITCH is
HARD HIT
His Crooked Tao
tics Severely
Scored.
Il WOULD RATHER
PAYAFINE OF $500"
Fiteh's Own Opinion of Judge
Estee's Scorchins Con-
demnati0n.

Tom Fitch got a scorching rebuke
from Federal Judge Estee yesterday
morning for his questionable tactics in
accomplishing the marriage of Kan
You, the Chinese girl who was at the
time in the keeping of the court When
the attorney attempted to justify his
action by the plea that it was in the
interest of public morality, the court
| took occasion to condemn him even
| more severely than in his written
will, if anything can, put stop to the
| irregular practices of an attorney who
| is known in every legal center along
| the Coast as being addicted to just
such tricky practices
II would rather pay fine of $500 for
contempt than to receive such CEN
sure" Mr.. Fitch told the court, and
the few witnesses to the proceedings
felt that they would have been willing
to give up much larger amount than
to get the lashing that was adminis-
tered to the mortified counsel for Kan
You.
Deputy Marshal Hendry also. came in
for some stingfng sidetwfpes = = = =
Incidentally in connection With his ree
buke Of Mr.. Fitch. Judge Estee ordered
| the deportation of the Chinese girl in
question. holding that the marriage
ceremony had not been completed be-
| fore her arrival at Honolulu, even ac-
cording to the claim of the defense. The
girl created a scene when the marshal
sought to take her into custody and
made such violent resistance that she
had to be carried out by force.
THE DECISION OF JUDGE ESTEE.
The girl was brought into court at
Ito o'clock yesterday morning and with
out any preliminary proceeding Judge
Estee read his written opinion as fol-
lows:
"This is proceeding for the deporta-
ton of one Kan You, a Chinese woman
arrested by e. r. Hendry, deputy
United States marshal for the District
of Hawaii, for being a. Chinese laborer
and now within the limits of the Unit
| ed States and of the District of Ha-
wall, without the certificate of resi-
dence required by the Act of Congress
of May 5. 1892, and the Act of Novem-
Der 3. 1S93 amendatory thereof, and
: the Act of Congress approved April 3O
1900. providing government for the
Territory of Hawaii.
"The defendant sets up as defense
! to the deportation proceedings, right
, to remain in the Territory upon claim
that she is a citizen of the United
; States having been born on the Island
of Oahu. in the year 1883, OF parents
, then residing in Hawaii; that she left
Hawaii and went to China with her
mother in 1895, leaving her father here
working on sugar plantation, where
: he now is And second, claim that
she was married in China IN the
month of April, 1900, according TO Chi
nese custom, to Yong Hang, the said
: Yong Hang being at the time Of said
marriage, and for nine years prior
thereto, and ever since contractor
merchant and manager residing in Ha-
wall; that one year after said mar
riage said Kan You came to Honolulu
to join her husband, arriving here on
the steamer Doric in June, 1901.
. '"The matter was heard by the court.
1.-THE claim of defendant in this case
is two-fold. First that she is native
of the Islands, and second, that she is
, the wife of domiciled merchant, one
Yong Hang, by virtue of a marriage
} according to Chinese custom in China,
, while her husband, Yong Hang, was
living in Hawaii
, Pending the trial, the United States
marshal allowed Kan You, the defend
ant, to remain at the house of Y. Ahin,
. Chinese merchant, together with GER
, tain other Chinese awaiting deporta-
, tion proceedings, there being no accom-
! modations at the Territorial jail. And
, while this was irregular, yet 1t afforded
no excuse for the action of the attor-
, ney for the defendant, who having ac-
cess to her as such attorney, secured a
! marriage license and a local minister
to perform the ceremony of marriage
according to American law. between
. this defendant and the man Yong
Hang, to whom she claimed to have
been already married IN China, and
by reason of which marriage in addi-
!, ton to her claim of birth. she based
, her right to enter and remain here.
This woman was in the custody OF
the court Her attorney was an off,
Ger of this court. and as such, obligat-
ed to see that there was no trifiing
n with public justice and With the due
e administration of the 'aw, and however
8 great his solicftude for the cause of his
: client, his conduct in thus attempting
e to defeat the administration of the
: law, was wholly unprecedented and
/r.-xf-,o5 -, Doro