New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-17
EXCLUSION LAW STANDS.
Valid litter Treaty 7cith China En-
hires. Mr.. knOr Holds.

Washington. April 16.-Attorney Genera
Knox has handed to the President his opinion
regarding the validity Of the Chinese Exclusion
law While the opinion has not been made pub
lie it is known that the Attorney General holds
in effect that the denunciation Of the treaty by
China does not operate to nullify the existing
laws and that exclusion can be enforced as
riEidly hereafter as under the treaty.
After the denunciation OF the existing treaty
by China the subject OF the exclusion Of Chi
nese was considered by the President and his
Cabinet. The President also discussed the mat
ter with the leaders in Congress. In accordance
with the action of the Chinese government. the
treaty viii expire on December : Il was mani
testify necessary therefore. that 1t should be
deJermi9ed before the adjournment OF the pres
ent session Of Congress whether or not the
law enacted originally in 1892 would continue
in effect after the treaty had lapsed. This cues
ton was referred to the Attorney General by
the President and on that question he has pre-
pared opinion.
The exclusion law is more drastic than the
treaty. While the treaty is in force the points
of difference between the law and the treaty
are decided in accordance with the terms Of the
latter. II is the hope Of the Chinese govern
Inent that a new treaty may he negotiated which
Q-iu prove more favorable to Chinese imnli-
grants than the present one. Indeed such a
treaty now is being considered. but the nego-
tiations have not gone far enough 10 Indicate
what the precise nature Of the convention may
be eventually.
bin which seeks to strengthen every weak
Mace in the Chinese Exclusion act. drawn by
fha Department Of Justice. was introduced IN
the House to-day by Chairman Hit Of the Com
,7lfttee on Foreign Affairs. The first section OBJ
,i7tes any el1lbarra ssnent on account OF the de-
runciation Of the treaty by striking from the
act the words III not inconsistent with treaty
obligations"
The second section permits the entrance into
the United states Of persons Of Chinese descent
who are citizens Of the United States by birth.
also those TO whom the privilege Of admission Is
specifically granted. and no others
The words Chinese person" or person Of Chi
rese descent" are defined in the bill to mean
any person descended from a Monaghan ances-
tor which ancestor is now or was at any time
subsequent 10 the year 1900 a subject Of the
Emperor Of China" The word ''laborers is con-
strued 10 include all persons Of Chinese descent
not specifically permitted by law to enter or re
main within the United States. The provision Of
the act OF 1873 defining tho word 'lahorer
10 embrace skilled and unskilled manual Ia
horers. is repealed.
Another section Of the bill extends the juris-
dirtion of officers Of the government by giving
them the same right 70 decide questions Of fact
on which rest claim OF citizenship set UP pN a
NhlneSe person as lheg nave 10 ue'eL 10
rers OF TACT relating to the admission OF any
alien. The immigration law Of March ), lSt3, Is
MADE 10 apply TO Chinese immigration in all OF
its provisions. thus insuring the exclusion OF
Chinese suffering from COnta Eious diseases
Another important section OF the bill gives the
United States the right Of appeal heretofore I'M
tied TO defendant Cinnamon.
The duty Of administering the act is trans
ferred from the Secretary Of the Treasury to
the Secretary Of Commerce and Labor, to whom
discretion is given in special cases where he is
Of the opinion that such action is Just and right
and contrary to the public welfare, TO re-
Iieve. under conditions TO be determined by him
from the operation Of the laws relating to the
exclusion expulsion Of persons Of Chinese de-
scent. any person who came into the United
States prior TO December \ 1894. or who has
rendered the government meritorious service
This section is intended TO apply 10 nonresident
Chinese whose evidence in the execution OF the
exclusion law is considered valuable TO the De-
psrtrnent Of Justice.