Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-08-01
ESTEE FREES CHINE E SLAVE
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lCges marriage with the woman in
the Empire of China, according to Chi.
nese custom, and that she has ever
since been his lawful wife.
| am of opinion that the allegations
CT the petition would be sufficient to
give this court jurisdiction.
1t is prescribed by the Thirteenth
Article of the Amendments to the
Constitution OF the United States that
Neither slavery nor involuntary sery.
itude except as punishment for
crime, whereof the party shall have
been duly convicted, shall exist with
In the United States or any place sub.
jcct to their jurisdiction"
This case is somewhat unusual,
both because of the charges alleged
and of the conflict Of the testimony as
e. the facts in relation to the character
of the restraint imposed up the woman
Jung Hung.
The respondent alleges as defense
t. the proceeding that he was mar.
RED to the woman Jung Hung in the
Empire of China in 1893; that he re.
turned to China from the Hawaiian
Islands, and he and the said woman
were married according to Chinese
customs and had ever since co-habit.
, ed as husband and wife. Respondent
Introduced in evidence certain small
slips of red paper with Chinese char.
aCtCrs inscribed thereon one of which
appeared to be when translated into
English. the horoscope so-called of a
girl, giving her age. name, day and
cate of birth, etc; the other alleged
marriage certificate between the par.
ties wherein ii appears that the
sum of 5000 has per agreement becp
paid over to the mother OF Lew Shes.
who duly acknowledged the receipt of
the same" Lew Shee Is supposed to
be the name of the woman Jung
Hung.
These papers were quite new and
crisp-looking for certificates that were
alleged to have been written ten years
ago. and were entirely unlike certain
exhibits introduced by the petitioner
is forms of marriage certificates or ar
rcles used by people in the same class
rs respondent, and being possessed OF
! the means he testified to having at
that time. some seven or eight thou.
sand dollars. He admitted that he
gave to the mother of the girl whom
he claimed to have married, some
$500; and testified that while II wns
not usual to give money for a wife,
yet that Chinese returning to China
from foreisn countries often did It and
Il at was why 80 ia 1t.
The woman disclalms utterly any
marriage between them.
do not think a marriage has been
proven; but rather in the opinion Of
the court purchase and sale Of this
woman as a concubine or for the pur-
poses OF prostitution.
The Court is convinced Of the truth
| luiness of the woman's testimony that
the respondent bought her in China
ard that she has been forced to live
the life OF a prostitute ever since she
has been in Hawaii.
II is not possible for any Asiatic to
Introduce into this Territory undis.
turbed any of the customs or laws of
China which are inviolation of the
Constitution of the United States. A
condition of slavery of the lowest type
mas been shown to exist in this case
and no form Of slavery or involuntary
scrvitude, except as a punishment for
crime, can under the Thirteenth Ar
ticle of the Amendments to the Consti.
tuition of the United States. be permit
ted TO exist in this Territory of the
United States. U. S. VS.. Wong Kim
Ark, 1863 U. S. $40, 677.
The writ is allowed, the woman
Jung Hung released. and the respond
ent is ordered to pay the cost OF this
proceeding. Any attempt hereafter
made upon the part OF respondent to
exercise any power or control over this
woman will be treated as a serious
contempt OF Court, and will be punish
I'd accordingly.