New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-27
A TANGLE WITH CHINA.
NEGOTIATIONS HALT.
Impossible to Beach agreement o"
Proposed immigration Treaty.

washington April 26.-NegOtiatiOns between
the United States and China for treaty re-
str4cting the immigration OF Chinese to TINS
country have practically been abandoned. Inc
representatives OF the two governments have
found II impossible to reach common grouno
OF agreement as TO many OF the terms OF the
proposed treaty. The whole subject therefore,
Will be held in allegiance until w. W. Hocknhi'
the recently appointed Minister OF the United
States to China, arrives In Picking. 1t Is e1-
pected that he viii take up the question with
the Chinese government in an effort to reach an
adjustment OF the tangle satisfactory to both
governments.
When WI Tang-fang was the Minister OF
China here he made an exhaustive study OF the
immigration question, ascertaining precisely
among other things the American point Of
view. He constantly maintained the injustice
OF the restrictions thrown by this government
around the immigration Of Chinese. but was
unable to accomplish anything in the way OF
lowering the barriers. Being now in China, he
is in a position to make It difficult, II not i'm
possible. 20 negotiate a treaty unless II con-
tains certain provisions for which the Chinese
government contends China is anxious 10 OBJ
tain liberal definitions OF the terms merchants,
travellers and Students" in order to relieve
such classes from embarrassment their ar
mitted TO the country. but under severe re-
strictions. The immigration authorities urge
the necessity for such restrictions, because Chi
nese officials in many cases issue fraudulent GER
tiicates indicating that coolies are students"
or merchants" and such, entitled to ad-
mission. These certificates have to be passed
upon by United States consuls In China, but
they necessarily have TO take the word OF the
Chinese officials for the applicants social stand
ing. they have neither the time nor the money
TO make a personal investigation of each case.
Sir Chentung LANG Cheng, the present Chinese
Minister here, has been frankly told that much
of the trouble experienced by merchants" and
students" arises from the action Of the Chinese
officials in issuing certificates which require in
vestigation here. The same thing was told WI
Ting-fang when he was here. but officials here
say the admonition has been Of little avail.
PRESENT EXCLUSION LAW STANDS.
When tentative draft of the proposed treaty
was prepared some time ago it was laid before
the immigration officials Of the Department OF
Commerce and Labor. A considerable part Of
| II did not meet their approval. The suggestions
they made did not suit Sir Chentung Liang
Cheng who declined to agree to some of the
! propositions. That brought the negotiations
practically to end. and there they will prob
ably remain until Minister Rockhill reopens
them in China
It is not absolutely necessary, in the opinion
Of some OF the officials here. that a treaty
immigration shall be negotiated with China
Unless the United States can have what it
wants Incorporated in the convention the
officials would prefer to rest on the law as it
stands. The present status Of the Chinese ex-
cusion laws. as defined by the solicitor Of the
Department Of Commerce and Labor. is as fol-
lows:
By the expiration OF the convention Of Decem-
the Treaty Of 1880, revived. The treaty
obligations, therefore, now subsisting between
this country and China the were in
existence at the time OF the taking effect Of the
convention Of 1894. BY the act Of April 81,
1904. the existing laws relating to the exclusion
of Chinese were re-enacted without limitation
condition. and ceased to depend for their
obligations Thus, where law and treaty
now in conflict. the law must prevail. AS a
suit of the termination Of the convention of
December ), 1894, not only the Treaty Of
1880 revived but certain provisions OF the acts
of July 3 1884. and September 13, 1885 which
had been superseded by the convention OF 1894.
also became again in force
An intimation is given in official circles that
the law it stands may be open to successful
legal attack. II the attack it should be made
by some OF the numerous organizations IN this
country interested in Chinese immigration and
carried to a successful issue in the Supreme
Court OF the United States, the result In the
would be flood Of Chinese immigration to the
limited States