, 1904-04-19
It CAN Be ENFORCED
EXCLUSION TREATY WITH CHINA
NOT NULLlFIEO BY ACTION
OF CHINA GOVERNMENT.
Attorney General Knox Hands Presi.
den His Opinion in the Matter
Hope of China That New Treaty
Will be Negotiated More Favor
able to Chinese Emigration.

Washington. April l9.-Attorney
General Knox has handed to the presi,
dent his opinion regarding the validity
of the Chinese exclusion law. While
the opinion has not been made public
ii is known that the attorney general
holds in effect that the denunciation
OF the treaty by China does not oper.
ate to nullify the existing laws and
that the exclusion can be enforced as
rigidly hereafter as under the treaty.
After the denunciation of the exist.
ing treaty by China, the subject of the
exclusion of Chinese was considered
by the president and his cabinet. The
president also discussed the matter
with leaders in congress-. In accord
ance with the action of the Chinese
government. the treaty will expire De-
cember I ext
1t was manifestly necessary that 1t
should be determined before the ad-
journment of the present session of
congress whether or no the law en-
acted originally in 1892 would continue
il effect after the treaty had lapsed.
| Ills QutSlIOl was ltISIltu " TIE at
tolney general by the president. and it
is on that question he has prepared al
opinion.
In its effect the exclusion law is
more drastic than the treaty. While
the treaty is in force the points of diff
ference between the law and the trea-
ty are decided in accordance with the
terms of the latter.
1t is the hope of the Chinese govern
ment that a new treaty will be nego-
tiated which will prove more favorable
to Chinese immigration than is the
present treaty. Indeed. such treaty is
now being considered, but the ncgotia-
tons have not progressed sufficiently
to indicate what the precise nature of
the convention may be eventually.
A bill which seeks to strengthen ev-
cry weak place in the Chinese exclu-
sion act, drawn by the department of
justice. was introduced in the house
today by Chairman Hit of the com
mittee on foreign affairs. The first
section Obviates any embarrassment
on account of the announcement by
the Chinese government of the treaty
between the United States government
and that country by striking from the
Chinese exclusion act the words, IF
not inconsistent with treaty obliga
tons"
The second section permits the en-
trance into the United States of per-
sons of Chinese descent who are cit!-
zens of the United States by birth, al
SO those who are granted by law the
privilege of admission, and no 9TH
ers."
The words Chinese person." or
person of Chinese descent" are de-
fined in the bill to mean any person
descended from a Monaghan ancestor
which ancestor is now. or was at any
time subsequent to the year 1900, a
subject of the emperor of China" The
word %"laborers' is construed to include
all persons of Chinese descent not
specifically permitted by law to enter
or remain within the United States
The provision of the act of 1898, detin
ing the word 'laborer" to embrace
skilled and unskilled manual laborers
Is repeated.
Another section OF the bill extends
the jurisdiction of officers of the gov
eminent by giving them the right tt
decide questions of fact upon which
rest a claim of citizenship set up by q
Chinese person as they have to deter
mine matters of fact relating to the
admission of any alien. The immigra
ton law of March 3. 1908, is made tc
apply to Chinese immigration in all Of
its provisions. thus providing for the
exclusion of Chinese suffering from
contagious diseases.
Another important section of the
bill gives the United States the right
of appeal heretofore limited to defend
ant Cinnamon.