New-York tribune., 1905-06-26

of Immigration operates iis 1N'"
chinese immigrants and the ne" ii,se .,.o,
. ,,,.n,erat,on officers regarding their
.rsat,nent of Chinese who may come 10 .n-
,-Ss..d c+a+es The President and Secretary Met
,x he,;evs that the instructions VIII insure "
,--5,esa the same fair and courteous reathe-'
.b.. Is accorded to people OF other ha'ioiA
secretary MetcaIrs letter 70 the PRESIDENT a--1
his instructions to the immigration oaieeis
low: 1,,re "a 1905.
,,z.so+. Referring TO the matter Of the
,sorcemeY1t of the Chinese exclusion laMs, a,a
have the honor to advise you that s nas. +bs+
thoroughly into the questions ralseo anu '--
find the situation TO be as follows, ,ar.,ion
For the purpose of considering tte pea-,iny
of the exclusion laws, Chinese ..5S;i 6ty1dad
10 the United states may pe d
ihS1 pe%istered Chinese laborers who are re-
turning 20 the United States NiAi'
after 6eparture therefroIn .~.t,.,+s
&C. tSocond~Chinese subjects being mercnanls,
teachers students or travellers TOT cui Irn,+ea
Measure who are allowed 10 enter 'n IL oJvn
eta.as ana 10 come and go therein OF thelr oM,h ,
free will and are accorded all the rights ~ ~ g
eses inlmunities and exemptions s .,e ,,,ost
corded TO the citizens and sub1ects ol '"s - a.
Sovores nation if in possession of what, Iol las
sake of convenience is generaily k~homh ~ % O.
Section certificate. unless sHe' states and
are returning thereto, IN whlch such
NAV present other evidence 'ias. ;.s;on
certificate of their right TO a1HS a1ooS -.
section 6 of the act Of May o. Io'oz, a a
is oeeti -. tbe act Of July g. 1884, now IN
force and effect, provides, in erect 'llas No
chinese person other than laborer, VINO .lf Itag
~ an+itIe6 l,I, treaty or laws to come withih
the United States and who shal pe auoHI ~
come to the United States. shall ootaiil siie .h
mission of and be identified as so ehIltIeu Ds ~ 80
Chinese government such other forelgn sox
eminent of which at the time such CnliieSo
nerson shall be a subject. in each case " 70
aa,-.5e,ce6 bv = certificate to be issued by sucn
government The law requires that TINS cerun,
cate shall be in the English language, anu si.a1t
snow such permission with the name OF tle
rerrnitted person in his or her proper signatures
that the certificate shall state the 1ndlVloual,
family and tribal name in fun tltIe or ohlcia, i
rank If any the age. height and all physlcaI
r,eculiarities former and present occupation OF
profession when and where and how long pur-
sued; the place of residcrce of the person TO
whom, the certifcate is issued and that such
person is entitled BY law To come within the
United States
If the person so applying Is a merchant, the
certificate must state in addition TO the above
requirements the nature, character and estf-
mated value of the business carried on by him
prior 10 and at the time OF his application as
aforesaid
If the certificate be sought for the purpose of
travel for curiosity. it must also state whether
the applicant intends TO pass through or travel
within the United States, tceetker with his
financial standing in the country from which
such certificate Is lesivel The law further
provides follows:
The certificate provided for in this act and the
identity Of The person named therein, shall, before
sueh person sees on board any veSsel & 70 proceed ~
Of the diplomatic representative of the United
States in the foreign country from which such Ger.
the United states at The Port or place from which
the person named IN the certificate is about to de-
part part ana sasa esaio2t5.s FePresentallTe or con
CURED is hereby empowered, and it shall be HIS
duty. before in3orsislg sach certificate IS afore-
1,ro,1 o-a,9iretf ~ - - ~ ~ @ au
nlents contained therein untrue it shall be his
Such oertacate visae9 rs aforessi5 shall be prirns
shall be produced TO The collector Of of the
Port in the district in the United States at which
the person named therein shall arrive. and after
Tnifad 10 dna proper authorities OF the
shall be the sole evidence permissible the part
a right entry into the United States; bi, said
eeracaje nav be contToverted and the facts there
Although neither the treaty nor the laws
make provision In terms for the extension of
transit privileges to laborers, such privileges
are, as a matter OF fact, accorded Chinese labor
ers by regulation of the department. That is to
say, exercising the general authority conferred
by law to enact regulations, the department per-
naits Chinese laborers to pass through the
country under suitable restrictions and proper
safeguards.
EXEMPTs NEED NO REGULATIONS
No specific regulation has thus far been
deemed necessary in order to extend transit
privileges 10 the second or exempt cIass for
the reason tha. they are permitted by law to
cOIle ana go OF their own free will and accord
when IN possession Of the Section certificate
AS 10 the harsh and unreasonable treatment
which it is said has been accorded members NJ
the exempt classes, this much NAV he said.
Nhat are known as Section certificates
were universally accepted and the Isndirr 'os os
Chlhese SUBJECTS possessing them facilitated IN
every way until IT became apparent IN oficars
OF the service that these certificates were heine
ssS lSsseo at oy the hundreds TO Chinese laborers
~ 81 otIIeF persons not entitled TO them under
tne law In order TO administer the laws il
gten became necessary to investigate each in
dlyloual case as by law authorized
II Is OF course possible that the officers ne +ba
@ seINIce were oVerzealous in their efforts to pre-
vent the entry Of Chinese laborers on fraud
ulent certificates but the fact remains tbst ~
source of the trouble was the IaY rnetbods
OF me Chinese and other officials charged with
issuing ana visng these certificates
So much to the conditions As m +be
.Sara = % nave the honor TO recommend that
mere De issued to the diplomatic repres : tatives
oI the United states in China instruct chs that
before they wise certificates they comply strictly
NIth .he requirements Of that portion of Sec
non which provides follows:
Sqsn & &eiP9mae representative consular
erapoWerea and it shall be his duty before
INTO the truth of the statements set forth in saiS
ctertllca!e and if he shall find upon examination
untrue II snail be his duty TO refuse TO indorse
In keeping with this suggestion have +ne
honor 10 advise you that l shall issue instruc-
tiohs 10 the officers OF the service to facilitate
'he Ienolng OF all Chinese subjects in possession
OF such certificates. In this connection invite
your attention to a class of Chinese subjects
W. oie AeitLeT Iaporefs on the hand nor
Ieachers. students, merchants, or travellers. on
tne etner, such for instance, doctors law
yers, clergymen, etc. While the department is
without authority in the absence of appropriate
legislatfon 10 extend 10 members of this latter
class the same privileges which are now bv law
EXTENDED 10 teachers. students merchants ard
uaNeHers, yet 1t is clearly within the power OF
the department TO exend 10 them the privilege
OF transit. under suitable regulation This the
department. VIII 90 at an early date Respect
AunY' V. 81. METCALF
Secretary.
ENFORCEMENT nEa rIIrr .u-