The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-02-06
TRANSFERS OF
CHINESE CREWS
OPINION OF THE ATTORNEY GEN
ERAL in THE MATTER OF Sc
. CURING MEN FOR. THE KOREA

The last mails from Washington
brought copies of the opinion of Acting |
Attorney General Beck, in the matter
of the transfer of Chinese crews |
brought direct from China to American |
vessels. This was done at San Fran
cisco in the case of crew brough by |
the Picking for the Korea, and the Pa
cific Mail Steamship company is pre- !
pairing to get a crew for the Siberia in |
the same way. The questions submit
ted and answers given are as follows:
First. Would the transfer of the |
Chinese crews, permission for which is |
requested by the Dollar Steamship |
Company and the Pacific Steamship |
Company, involve a viola ton of the |
Chinese exclusion laws? And
Second. If such transfer can law
fully be made, would the employment
of Chinese crew, engaged aboard, up
on the Siberia on its initial outward
bound trip, constitute a violation of the
alien contract-labor laws, notwith-
standing the terms of the employment
since the Siberia is chartered under the
Navigation laws of the United States?
Both of these questions were an
swered by this Department on August
20 last in an opinion requested by you
in the matter of the transfer of the
crew of the City of Picking to the Korea
| In that opinion l held that the alien
to Chinese or other foreign seamen.'
! The bare landing of the (Chinese) crew
| of the City of Picking Gf it is to be
! considered a landing at alb in order
| that they may reship upon the Korea,
| would not, in my opinion, violate the
| treaty and laws in relation to the eX-
| clusiOn of Chinese | therefore con-
| Cluded that there was no legal objection
| to permitting the Chinese crews in that
| case to come ashore under proper Gus
| tOdy and safeguards for the purpose of
| reshipment as the crew of another
! steamer of the same line for the return
voyage 1t may be Unnecessary for
me to add that these conclusions only
| had reference to seamen who were en-
gagged in good faith in the business Of
navigation; for while the exclusion acts
! referred to have no reference to seamen
! whose presence in this country is but
temporary and for the purposes of ma
vigation, yet it is obvious that aliens
otherwise excluded by law can not be
brought within this country to re-
main here permanently under any pre-
tense that they are brought here as
crews.
In this connection, refer you to my
opinion given to your Department on
September 10, 1901 (23 Ops, 521) l men
| ton this, as your request for an opinion
does not state any facts with reference
| " Illt plCSCllN dpplNdLlOilS lOl lVdNS ~
transfer crews 1 therefore can not ex-
| press any opinion as to whether the
crews now under consideration should
be transferred. This opinion has no
further purpose than to advise you that
this Department adheres to its opinion
of August 30, that the Chinese exclusion
laws and the alien contract labor laws
have no application to seamen who in
good faith are engaged in navigation,
sand who are temporarily within a port
of entry for that purpose. The appli-
cation of these principles to the facts
of particular cases is a matter of adj
ministratiVe judgment, which may in
volve questions of fact as to the good
faith of the application, and upon such
! exercise of judgment l am not called
for and therefore do not express any
opinion"