Arizona republican., 1903-10-22
A Blow at the Exclusion Law.

In the United States court at Cleve-
land. Ohio, a few days ago. Judge
Wing made a startling decision in the
case Of three Cinnamon who were be-
fore him for deportation. He decided
that before an order could issue Tor
the deportation of the accused CHM
csc the Eovernmen. must affirmatively
prove that they were Cinnamon. and
not men of some other nationality. The
immigration officials being unable to
furnish the proof required. the three
Cinnamon in question were discharged
On the face of the decision it ap-
pears to be both absurd and unfnport-
ant. but it is extremely important
There would appear to be no Chfil-
Guilty in proving by any witness, alter
g single look. that Chinaman is a
Chinaman But Judge Wing is learned
in racial characteristics, racial feat
ures and Monaghan phystognomy. He
informs the world that. viewed super
f1cially. there Is no difference between
a Chinese and a Korean. .'Whareiore,"
the men before me are not from Korea
instead Of China--albeit they confess
that they were born at Cantcn. China?
The government must produce birth
certificates and proof of baptism in
China before 1 can believe that they
are really Cinnamon That is. we
gather from the dispatches that this
substantially states the position of the
learned Judge. We do not pretend to
quote him exactly.
Heretofore. the immigra ton officials
have proceeded upon the theory that If
a Chinaman In this country could not
establish that he was lawfully here, it
must be assumed that ne was in the
United States unlawfully, and his de-
Dortation followed The exclusion law
requires that any Chinese unlawfully
within the United States shall be re-
moved upon the judgment of some
judicial officer of the United. States.
but In carrying cut the provisions of
this statute the action of the courts
has been rather periunctory. All this
will be changed. however, if Judge
Wings ruling is held good by the fed
eral courts throughout the country. 1t
is obvious that the immigration bureau
will be greatly hanpered in it efforts
to exclude Chinese if it is required to
shoulder the bureau. of proof, and.
worse than everything else, prove that
each Cinnamon in question is not a
Korean. As a matter Of fact. the
whole exclusion law Will be nulifled Ii
this Korea business Is made to stick.
Commissioner Sargent and his SUBJ
ordirates are having q sufficiently
tough time as 1t is, in their efforts to
prevent Chtramen from crossing into
Arizona from Mexico and into the
northern states from Canada. and
their work will be in vain altogether
If they have to contend with the doc
trine laid down by Judge Wing. Com
missioner Sargent himself is quoted as
adn.stting that there are no physical
marks OF distinction between Koreans
and Chinese. but everybody knows
ludl HALVES VI hOTed rarely COIiic W
the United States.
The feeling is becoming prevalent in
California that the present exclusion
law is too rigid. and that II should be
modified SO as to permit the immigra-
tien OF a few thousand young Chinese
laborers. 1t is argued that the work
for which Cinnamon are needed on the
Pacific coast will not be performed by
American laborers-that the Chinese.
in short, do not compete with Ameri-
cans in the manual labor most COM
mon. and if this is so the people of
California can secure modification by
making the proper showing. But the
bars should not be beaten down by
making the exclusion law itself a hol-
low mockery.