Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-02
CHINESE EXCLUSION
Negotiations in Progress for
a New Treaty.
DEFECTS m THE OLD
Liberal AS TO STUDENTS,
MERCHANTS AND TOURISTS.
Strict Construction of the Law by the
San Francisco Customs officials
Mr.. Cortelyou's Notifications.
BY WILLIAM E. CURTIS.

Herald.
Our treaty with China concerning immi.
grafton having expired by limitation. Sec
rotary Hay and Sir Changtung, the Chi
nese minister, are now engaged in the ne
gotiation of a new one, in which they have
SO far advanced that we may expect 1t &c
be submitted for the ratification OF the
Senate as soon as Congress meets In De-
cember The new treaty will be quite as
strict and even more SO than the presen,
one so far as it affects the exclusion OF
cooie labor but it will be more liberal In
the provisions which relate to students
| merchants and travellers from China.
Until recently the people of China have
been treated as If it were a crime to seek
an education in the United States. or to
travel in this country, or to attempt to
trade here, but since the transfer of the
immigration bureau from the Treasury De-
partment to the new Department of Com.
merce and Labor there has been decided
change in the policy, and the practice OF
the officials at the Pacific ports where most
of the Chinese land.
The inspectors were especially severe in
their trea tment of students coming from
China to seek an education in this coun-
try, and there were continual complaints
of indignities offered scholars, merchants,
travellers and other members of the higher
classes of Chinese seeking to enter our
ports. The collector of customs and his in
spectors answered these criticisms with the
explanation that the exclusion law was in
tended to exclude and that they considered
it their duty to find reasons for the exclu-
sion of as many Chinese as possible.
Interpretation of the Law.
Attorney General Knox took that ground
and in an opinion furnished the Secretary
of the Treasury by him February II, 1902
in the case of man who was prohibited
from returning to his wife. child and bust
ness in this country, he said
II must find, however, that, under the
peculiar nature and language of these laws
it is not possible to recognize the appeal to
considerations of elementary justice and
humanity (even if well founded) or to
bring the case within the scope of an act
of executive clemency. The Chinese ex-
clusion laws are, necessarily, rigorous, and
of theS highest degree of technicality, and
do not permit the Imposition of maxims OF
equity. I venture the suggestion, however,
that in your power and discretion, as ad-
ministering these laws, you may fairly
soften the seeming harshness of the case
by continuing the custody of the man and
delaying his return to China long enough
to enable his business interests here to be
settled and his wife and child to accom-
pany him on the return voyage
1t is needless to say that this is con-
temptible attitude for a great Christian ma
ton to take concerning it's relations with a
heather people. Horrible stories are told
of the inhumanity of the inspectors and
other immigration officials, particularly at
San Francisco, under the Treasury De-
partment and sometimes they treated their
official duty as a joke.
Treatment of Students.
For example, it was formerly the rule to
prohibit the landing of students, unless
they showed proof that they came to the
United States to study something that is
not taught in China, and, in 1902. when
Tong Nun, a boy of sixteen, the son of
a wealthy merchant of Shanghai, landed
with certificate from Consul General
Goodnow, he told the Inspector that he had
come to study English The inspector re-
piled that If he wanted TO study English he
should go to England, and would not allow
him to land. Young Tong returned to
Shanghai, obtained new certificate set
ting forth his purpose to study the sci
ences, and is now at school in Springfield,
Mass.
In China I was told of former student
at Oberlin who waited on table and did
chores at a boarding house for his board
and worked on a farm during his vacation
to earn money to pay his expenses at col
lege. He deported for violating the
labor law on the ground that the work ne
had been doing made him laborer instead
of a student.
l was also told of two Yale students who
went back to China to spend their vaca-
ton, and upon their return to the United
States were not allowed to land, because
their certificates, signed by the United
States consul general at Shanghai. did not
specify the studies which they intended to
pursue.
met Yale man al. Shanghai, the super
intendent of government telegraph lines,
who has two sons studying in England.
He told me that he wanted to send them TO
the United States. but would not subject
them to the indignities that they would
have to endure in our custom houses
Chou-Chow. the SON of WI Ting Fang,
who is attending public school at Allan
tic City, where he WHAT'S left by his parents
when they returned to China, would not
have been allowed to return under the pol
icy of the Treasury Department If he had
gone home for vacation, because he is
merely student in the common schools,
studying branches that are taught in
China.
Secretary Corteiyou's Ruling.
But. under decisions No. Z by Secretary
Cortelyou, in the case of Lee Ching Guam,
dated January Z. 1904, that policy was re-
voked and Chou-Chow can go to China and
return to his studies any time he likes.
providing he brings 4 certificate showing
that he has been attepdng school at At
lantic City, that he desires to continue his
studies there, and that provision has been
made for the payment of his tuition and
his maintenance
This decision. which was not known in
China last summer, viii be good news to
hundreds of young men who are ambitious
to seek an education In the United states.
1t is unfortunate that, Secretary COrtelyou's
change Of policy was not5advertised there,
because a large num4sr of young men have
been sent to Europea during the last few
! months for education who otherwise would
| have come to the United States. The vice.
roy of Hupeh selected Atty Young men In
| his province to study abroad for ten years,
and $4,000 (Mexican silver will be APP
propriated annually fnspay their expenses.
Zen OF them wents3f0 England, ten to
France. ten to BelsasIrn ten to Germany
and ten to Switzerfahd 1t Is his purpose
to send out an equal number every year.
and he would preferSto have them come to
this country, bat he avould not expose them
to the insults that other young men from
his province have suEeIed from the officials
| OF this great Chrisktan government His
own son came over "a 4 student attache OF
| the legation at Washington. and is now In