The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-27
THOMAS FITCH las
KnIlEs 70 IlIE
COMPARES CHINESE EXCLUSIONS
LAW TO WORST OF TIE
SLAVE CODES
-DamnabIe Outrage On civiiizasior--
Does Not Regret the Promotion
of kan you's Marriage Excepting
for censure Of Court IL Entasied-

The Chinese Exclusion law said
Mr. Thos. Fitch, in answer to q re-
quest from Republican reporter for
an interview on the Kan You case.
lis as damnable an outrage upon civil
ization as the worst of the slave codes
of old II keeps the word of promise
TO the ear and breaks it TO the hope
II pretends to allow Chinese who were
born here the status and rights of
American citizens, but 1t requires
them to prove such truth by the tes-
timony OF white witnesses. Does not
that provision make mockery of jus
tice? How can Chinese child prove
its birth here by white witnesses. any
more than a white child could prove
its birth here by Chinese witnesses,
i am not eriticizing Judge Estee's
decision. It is not the Court but the
law that is most in fault.
For instance. If take an appeal
in the Kan You case. it is out of the
power OF Judge Estee to allow any
amount of bail. or even to grant a
stay of proceedings and leave Kan
You in the custody Of the Marshal
pending the appeal. The woman must
go back to China at once. Otherwise
would appeal her case. for the Ques-
ton whether a marriage contracted
in China while the bridegroom is here
is vail marriage, has not been pass.
ed upon by the Supreme Court of the
United States. and while Judge Estee
decides that the marriage in China
was incomplete because of the alb
sence of the bridegroom, u S. Dis
triet Judge Ballinger of Washington
in case reported in SO Federal Re
porter discharged the woman under
similar circumstances. The conclud-
ing paragraph of the syllabus of that
decision is where woman married
according TO Chinese law to China
man then in the United States, is
brought TO the United States by d.
rection of her husband, both acting in
good faith. she is entitled to land,
there being no evidence that she is a
prostitute
But it is my duty which shall not
disregard. to acquiesce in Judge Es-
tees decision unless and until it is
reversed. and l am not intending to
review it in a newspaper interview.
las for my action in promoting the
marriage here, have nothing to re-
gret. except that It should have
brought upon me the censure Of the
court. | had not the slightest idea
then, and have not now, that my con-
duct was in the slightest degree ir-
regular or reprehensible. The par
! ties had. stated to me several days
before through an interpreter that
they wished to marry Mclean fash
ion.' learned that morning that. act
ing in good faith on the basis of the
Chinese marriage and through the
Icomplaisance of the Chinese merchant
who had them in charge. they had
lived together as husband and wife.
This was without my solicitation OF
knowledge and I regretted it, but il
made me more willing to help them t.
secure an American marriage cere-
mony I did not know whether i
would affect their status in Court OF
not. knew it would not harm the
cause of my client. and did not con.
slider that it would wrong the United
States. or the Court, or the cause o
good morals and am even now amaz
ed at the view which Judge Estee en-
tertained of it.
After the poor woman was carried
shrieking and sobbing from the Court
room and had been quieted down on,
of her friends came to me and sal,
THAT it would be some consolation t,
her If. in mitigation of her disgrace
she could have and carry back witt
lher to China the certificate of he
American marriage. The certificat,
lin question is fled with the Clerk o
1.-THE United States District Court
hope it viii not be deemed prejudicia
to the interests of the United State
Iof America to allow me to Withdraw
Iit and give it to her. win make tn
application, and If 1t is denied, an,
Mr.. Cory should take pity on he
and give her a duplicate I want
understood now that it win not b
Through my advice or procurement
Hereafter any client of whatever race
icolor. or previous condition, who de
sires to ameliorate the acerbities o
isingle blessedness must do so wfthou
Emy help. As Gretna Green my Of
Scrs ero r,arrr, or&ls- nlo<od