The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-04-27
CANNOT AGREE ON
CHINESE TREATY
China Asks for Too Liberal
Concessions
RELATES TO IMMIGRANTS
Merchants, Travellers and Students
Are Now Admitted, But Too Many
Come In With Fraud
ulent Papers.
RELATES TO IMMIGRANTS

Washington April 26-Negotiations be-
tween the United States and China for
a treaty restricting the immigration of
Chinese to this country practically have
been abandoned. 1t has been found inn
possible by tho representatives of the
two governments to reach a common
ground of agreement as to many of the
terms of the proposed treaty.
When WI Ting Fang was minister of
China to this capital, he made an ex-
haustive study of the Chinese immigra-
ton question, ascertaining very precise
ly among other things the American point
of view. He maintained consistently the
injustice of the restriction thrown by
this governmeit around the immigration
Of Chinese, but was unable to accom-
plish anything In the way of lowering
the barriers during his sojourn here. In
China he is now In position to make
1t difficult II not impossible to negotiate
L treaty unless the convention shall have
incorporated In 1t certain provisions for
hich the Chinese government contends.
Want Liberal Definitions.
China is anxious to obtain in the pro
posed treaty liberal definitions in the
terms merchants traveller and
Students In order to relieve such class
es from embarrassment on their arrival
in the United States. These classes are
now admitted, but the restrictions thrown
around their entrance are severe. The
immigration authorities urge the neces-
sity for such restrictions because of the
issuanne Inv Chippea offfciaIe II, rnonv ir
stances of fraudulent certificates, In
dicating that coolies are students" or
merchants" and as sucn entitled to ad-
mission. These certificates have to DE
passed upon by United States consus in
China but they necessarily have to take
the word of the Chinese officials for the
applicants social standing, as they have
neither the time or the appropriation to
make a personal investigation of each
cs.se. Sir Chen Tung Liang Cheng, the
Chinese minister has been Informed
frankly that much of the trouble exper-
fenced by merchants and students"
arises from the action of the Chinese
officials in issuing certificates that re-
qure investigation here. WI Ting Fang
when he was minister was told the same
thing but officials here say the admoni-
ton has been of little or no avail.
When a tentative draft of the proposed
treaty was prepared some time ago, 1t
was laid before the immigration officials
of the department of commerce and labor.
A considerable part of 1t did not meet
with their approval The suggestions they
made did not suit Sir Chen Tung LANG
Cheng, who declined to agree to some Of
the propositions made by them. That
brought the negotiations practically to an
end. and there probably they will remain
until Minister Rockhill shall reopen them
in China.
Not Absolutely Necessary.
1t is not absolutely necessary in the
opinion of some of the government off,
cials that a treaty on the subject of i'm
migration shall be negotiated with China.
Unless the United States can have in
corporated in the convention what 1t
wants they would prefer to rest on the
law as II stands now. The present status
of the Chinese exclusion laws as defined
by the solicitors of the department of
commerce and labor is as follows:
eBy the expiration of the convention
of December 5. 1894, the treaty of 1868 as
modified by the treaty of 1880 was re-
vived The treaty obligations there now
subsisting between this country and China
are the same as were in existence at the
time of the taking effect Of the conven-
tion of 1894. By the act of April 81 1904.
the existing laws relating to the exclusion
of Chinese were re-enacted without limi-
tation or condition. and ceased to de-
pend for their binding force upon being
consistent with treaty OBLIGATIONS. Thus
where last and treaty are now In conflict
the law must prevail.
An intimation Is given in official circles
that the law as 1t stands present may
he open to successful legal attack. n
the attack upon IT should be made by
some of the numerous organizations In
this country interested In Chinese immi-
grafton and carried 10 p successful issue
In the supreme court of the United States