Evening star., 1902-01-20
THE CRAFTY CHINESE
HOW THEY EVADE THE GEARY ACT
PROVISIONS.
They Come Into This Country Through
Writ of Habeas Corpus-HOw the
Game is Worked.


the Pacific coast and made a study OF
Mongolian characteristics, to a Star man
this morning, 1.-The present anti-Chinese
law, thought to be insufficient to resist the
yellow peril, is strong enough were it pos
sible to carry out it's literal intent.
"Of course, 1 do not refer to Chinese
slipping over the borders of Canada and
Mexico This evasion of the law Is an
other matter, and can be enectuaHy
stopped only by rigorous enforcement OF
a system of patrol or some means OF indl-
vidual indentiication Of each Chinese IN
this country.
"The main weakness in the Geary act is
the exception admitting merchants, ana
law, as 1t will be, the effect of the present
agitation and the proposed legislation Wal
be largely nulified without close ana rlglo
restriction thrown around this particular
exception. While the people OF this coun-
try may not object to Chinese coming mere
who are bona fide merchants at home ana
who come here for the purpose OF travel,
1t is the evasion of this exception ana the
upholding thereof by its construction ny
the United States courts at San FRANCISCO
and other points Of entry which largely
nullifies the stringent effect of the entire
act.
"Only those who have witnessed the &C
tual practice pursued in these cases can
appreciate the situation as it really exists
in San Francisco. The calendars OF the
United States courts there are clossSu
with Chinese habeaS corpus cases, tne
court rooms and corridors of the court
building are crowded with anxious Chinese,
while two or three law firms, regularly re-
tanned, transact all of the business as one
case is merely a repitition OF thousands.
"Al Of this arises because In this coun-
try man has the right to the protection
of the writ of habeas corpus if he consid-
ers himself unjustly restrained OF his I'D
erty and the court will issue such Wrlts
upon application of the alleged merchant,
who may have been arrested by the custom
authorities at the port of entry.
Not Bona Eide Merchants.
"Of course, as a matter of fact, these
Chinese are not bona fide merchants. But
they produce in court at the time OF thelr
hearing any number Of Chinese witnesses,
who swear that they are in reality what
they purport to be, and thus is adduced
before the court a preponderance Of sworn
evidence in favor Of the Chinese at the par,
and in most cases the writ Is granted anu
he goes free. In some instances the gov
ernment is able to prove the iatsieS ,. vi 'us &c
testimony and the subject of the writ is
deported. but so finely has the system been
regulated that such cases are In the NIL
nority.
"As an example Of this testimony, ana
to show how they are drilled and coacned
in advance 1t is fact that over 2,6oo chi
nese have at different times sworn that they
were born at a certain number on a GER
tain street in Chinatown in San FRANCISCO
which of course, Is absolutely Impossible.
These were cases where Chinese have at
tempted to gain ingress into this country
upon the plea that they were native porn
residents, had been merely soJournlns II,
China, and at the time Of their arrest ano
the issuance of the writ, had returned mere
for the purpose OF permanent residence.
Alleging to have been born In the United
States they of course would be citizens
thereof and consequently entitled 10 leave
the country and return at will.
But this testimony In reality is false A
Chinese is willing to swear to anything
that will subserve his purpose. he Is ab-
solutely without conscience on the ques-
ton of the scancity of the American oath.
1t Is get in at any cost with him. 1t is a
o-be-fergotten. sight to 60 into the
United States court rooms In san FRAN
cisco, filled with the aliens In their curious
garb, and to see and to hear the interpre-
ter translate the gutteral grunts of the Chi
nese on the witness stand, VINO may be
telling what fine merchant he Is In China,
or where he was born in Chinatown; to see
the Judge, the lawyers, the Chinese specta-
tors and the general tout en- semble and
realize that all of the proceedings are un-
der the solemnity of the American oath
which the Chinese absolutely disregard,
and to know that this testimony must be
accepted, unless impeached, yet conscious
that it is all merely an attempt of the
crafty Mongolan to get around the provis-
ions Of the exclusion act, and squeeze in
where he Is not wanted
The New Game to BE Worked.
In substantiation Of what / say as to
the possible defeat by subterfuge Of the
proposed new law may be cited the fact
that in the southern provinces Of China
already a large number of alleged stock
companies with a capital ranging into the
millions have been organized, and stock to
the amount Of several hundred thousand
dollars will be issued to the Chinese COM
ing to the United States, SO that they may
show upon being examined by the custom
officials at the port Of entry that they be-
long to the exempted class of merchants.
"Of course, all of these companies are
paper companies, but when a Chinese in
writ OF habeas corpus case, IL he be ar
rested and detained by the customs Of
ficials as will probably be the case, pro-
duces on the witness stand certificates of
stock to a large amount as documentary
evidence of his wealth and standing in
China, and of the further fact that he Is a
bona fide merchant, and therefore mem
ber of the exempted class. who Will say
that the judge can legally without con-
trary proof declare that this stock Is OF
fictitious value and fraud? Upon the
contrary, will he not admit it as evidence,
and let the Chinese go free upon the
strength Of such showing?
The only radical way to keep out the
Chinese who do not come in over the bor-
der would be to suspend the writ of ha-
beas corpus as applied to them, an uncon-
stituttonal an impossible proceeding. They
are willy and slippery contortionists with
the truth, and 1t will be demonstrated that
they will devise a means, perhaps several,
to get around the act Congress, therefore,
In framing it cannot be too circumspect
and stringent.
AT present and in the past the Chinese
by perfectly legal and constitutional pro-
cess use our courts to accomplish their ad-
mission Into this country and defeat the
intent OF the exclusion act. Again, many
OF the Chinese when arrested and after
ward released on bail pending the hearing.
skip out forfeit their bond, and are never
heard of again. The only recourse in this
event for the government is a suit against
the bondsmen Of the disappearing Chinese
TT Will be interesting to observe wheth-
er this prediction now made in The Star
VIII be verified. The time is short before
the new act will go into effect From an
experience of many years with the Chinese
on the coast / feel confident in declaring
Tor the consummation of the prophecy uu-
less most rigorous and comprehensive
measure is adopted. and the most strin-
gent construction is placed upon the pro-
visions OF the act by the courts when II
comes up for adjudication, as it surely
must"
004AS-
Tn 4.