The San Francisco call., 1905-06-26

to come within the United STATES.
DUTIES OF THE CoNSULs.
If the person SO applying is a merchant. the
certificate must state. In addition to the above
requirements. the nature or character and esti-
mated value OF the business carried on by him
prior TO AMI at the time OF his application As
purpose of travel for curiosity. IL must also
state whether the applicant intends 10 pass
through or travel within the Snissd STATES; oD no
try from which such certificate Is desired. Ine
law further provides as follows:
The certificate provided for in this act ana
the identity OF the person named therein snail
before such person goes on board any vessei 20
proceed to the United States. be vised By the
| Endorsement OF the diplomatic representative OF
the United States in the foreign country from
which such certificate issues. or consular rep.
resentatives of the United States at the port
or place from which the person named IN the
certificate Is about to depart. and such diplo-
matte representative or consular seprssenLsa, s..
4 tive whose Endorsement is required Is hereby
empowered and it shall be his duty. before IN
dorsing such certificate as aforesaid, to examine
into the truth OF the statements set ioltn IN
said certificate, and, il he shall find upon ex-
animation that said certihcate or any OF tne
statements contained therein are untrue. II
shall be his duty 10 refuse to indorse the same.
-Sueh certifcate.. yised as aforesaid. snail oe
prima facie evidence OF the facts set iortn
! therein. and shall be produced TO the coilsctor
of customs Of the port in the district IN tne
United States at which the person named tneIe-
in shall arrive. and afterward produceo 20 tns
proper authorities of the United states when-
ever lawfully demanded, and shall pc the soie
evidence perrnissbe on the part OF the persons
, SO producing the same TO establish right 70
entry into the United states. but said certin-
cate may be controvertcd and the facts therein
stated disproved by the United states autnori-
ties"
Although neither the treaty nor the laws
make provisions in terms for the extension OF
transit privileges 10 laborers, such privileges
are, as a niatbr OF fact. accorded Chinese Ia
borers By regulation OF the department. Inat
is 10 say. exercising the general authority con-
ment permits Chinese laborers TO pass through
the country under suitable restrictions and
proper safeguards.
No specInc regulation has thus far been
deemed necessary in order to extend transit
privileges to the second or exempt class. for
the reason that they are permitted by law to
come and go of their own free Will ana ac-
cord when in possession o. the section GER
tihcate.
HARSH TREATMENT OF ExEMPTS.
AS to the harsh and unreasonable treatment
which. il is said. has been accorded members
of the exempt classes. this much may be said:
What are known as Section g certificates
were universally accepted and the landing OF
Chinese subjects possessing them facilitated IN
every way until it became apparent 10 the Of
ficers of the service that these certificates were
being issued by hundreds TO Chinese iaoorers
and other persons not entitled 10 them unoer
the law. In order to administer the law II
then became necessary to investigate each IN
dividual case as by law authorised
II is, Of course, possible that the ofncers OF
the service were overZealous in their enorts
to prevent the entry of Chinese laborers on
that the source of the trouble was the lax
methods of the Chinese and other officials
charged with issuing and visins these eertin-
Gates.
So much as to the conditions. AS to the
remedy / have the honor to recommend tnat
there be issued to the diplomatic represents
tves of the United States in China instruc-
tions that before they wise certincates tney
comply strictly with the requirements or tnat
"And such diplomatic representatives or
consular representative whose indorsement is
so required is hereby empowered and II snail
be his duty before indorsing such certincate as
aforesaid TO examine into the truth OF the
statements set forth in said certlncate ana II
he shall nd on kan sesents una. Contained
therein are untrue It shall be his duty 10 re-
fuse to indorse same -
In keeping with this suggestion nave the
honor to advise you that shall issue instruc-
tionsf to the officers of the service 10 faciii-
tate the landing of all Chinese subjects IN pos
session of such certificates. In this connection
I invite your attention to a class OF Chinese
subjects who neither laborers on the one
hand nor teachers. students merchants or
travellers on the other-such, for instance, as
doctors, lawyers. clersymen, etc While the
department is without autnorlty In tns 40, %
members of this latter class the same privi-
leees which are now by law extended TO teach
students merchants ana @ -
extend to them the privilege Of transit. under
suitable regulations This the department viii
". H. METCALF. Secretary.
INSTRUCTIONS TO OFFICIALS.
The instructions follow:
Department of Commerce and Labor. June
"a 1905 Department circular 81. Bureau OF
Immigration To all officers charged with the
enforcement of the Chinese exclusion laws and
ALI others whom II may concern;
The attention of all officers charged with
the enforcement of the Chinese exclusion laws
issued under date of June "a 1905 Under
the provisions of the treaty and laws In re-
lation TO the exclusion of Chinese persons,
officials of the Chinese Government and teach
ers students. merchants, travellers for
curiosity or pleasure and the lawful wives
certificates required by section OF the act
of July 5. 1884. must be accorded all the
rights privileges and immunity and exemp-
tions which are accorded to the citizens and
subjects of the most favored nation.
Attention IL also called TO the fact that
under rule A. Chinese persons. other than
laborers not supplied with the certificates
8 1854 may be permitted 10 pass through
the United States in transit upon producing
tn the officers in charge OF the enforcement
of the Chinese exclusion law at the port OF
arrival such reasonable proof as may be re-
u1ired TO satisfy him that a bona nde transit
onlv is intended. Attention IN especially called
to the fact that Chinese persons. other than
are not required TO give bond or furnish
photography or submit to the physical examf-
nation required by the Bertillon system OF
Identification
The purpose of the Chinese exclusion law
is to prevent the immigration Of Chinese labor
ers and not to restrict the freedom or move