The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-08-02
CHOP TIN SHUT OUT
ON HIS OWN EVIDENCE
Judge Dole Takes Jurisdiction on Account Of
Apparent Injustice but Finds the Case Was
Too Weak to Help the Man.

Immigration as the Secretary might
designate, by Section of the Act to
establish the Department of Commerce
and Labor of February 18th, 1903 C32
Stat. l.. 1st part, $3.50. Under the APP
preparation Act of August 18th, 1894
(2s stat. L., 39O, every decision of the
appropriate immigration or customs Of
! ficer excluding any alien from admis-
sion to the United States is final unless
reversed on appeal to the Secretary of
the Treasury.
WHERE JURISDICTION EXISTS.
1t is not disputed that the courts have
no authority to review the decisions of
immigration officers made under the
authority of the statute affecting the
right of aliens to enter the country. IT,
however, the facts should show in a
case like the one before the court
where a Chinaman applies for admis-
sion on the ground that he formerly did
business as a merchant in this coun-
try, that he was not allowed a reason
able opportunity of producing the two
non-Chinese witnesses required by the
statute in proof of such fact, the courts
would have Jurisdiction to interfere
and Pitt, Burr, $50. 561-2; Bradley VS..
Thurston, Haw. $50.
Rule which provides that the exam
ination of the applicant for admission
shall be separate and apart from the
public, in the presence of government
officials and such witness or witnesses
only as the examining officer shall des-
ignate" confers no authority upon such
officer to exclude such two non-Chi-
nese witnesses as the applicant for dd-
mission may desire to produce, or either
of them, or to deprive him of a reason
able opportunity of procuring them. A
contrary construction of the rule would
be inconsistent with the statute re-
ferred to, requiring the applicant to
establish by such witnesses the fact
that he conducted the business of a
merchant for one year before his de-
parture from this country and that
during such time he did no manual Ia
Dor except what was necessary to the
said business (2S Stat. L., Sec. p: but if
such latter construction is required by
the words of the rule, then it would
follow that the rule is invalid, as being
with the laws of the land"
TREASURY RULES.
The rules and regulations provide in
the sixth. seventh, ninth and tenth
ruies, among other things, that upon
the arrival of Chinese persons. 1t shall
be the duty of the proper officer to Sc
gregate them from other persons than
officials, and to have them promptly |
examined ''as by law provided" touch |
ing their right to admission; that such
examination shall be in the presence |
OF officials only and such witnesses as
the examining officer shall designate,
and, presumably, counsel for the ap-
plicants if they have any, and if the
decision shall be unfavorable, the APP
plicants shall be advised of their right
of appeal, and their counsel permitted,
after filing notice of appeal, to exam
inc but not copy the evidence upon
tice of appeal acts as a stay of the
deportation of the appellant until
final decision is made. Within three
lays after such notice the record of the
case, with such briefs, affidavits and
as are to be considered in
herewith, are TO be for
Harded to the Commissioner General
If immigration, with the written views
of the officer in charge, unless further
lelay shall "be allowed only in those
in which the above limit of
hree days would occasion injustice to