The Montgomery advertiser., 1905-06-29
STATUS OF CHINAMEN.
Commissioners Fillmore Renders Opinion
 i'm Two Cases.


 i'm Two Cases.
 John A. Fillmore, United States Com missioner, yesterday wrote opinions in the cases Of Chung HI and Joe Yeck, the two Montgomery Chinamen who were dismissed from custody by him on Tuesday, having been arrested by Major A. J. You, Immigration Inspector, for violation of the Chinese exclusion act. The men were arrested while working in Montgomery iaundries as laborers. Joe Yeck pleaded that he came to the United States as minor child of a Chinese merchant. Chung HI claimed that he had been already adJuged by consequently exempt from prosecution. In his opinion in the matter of Joe Yeck, the Commissioner says:
 ""The respondent herein for answer | to said charge pleads that he is in the United States lawfully, having come here as the minor son of Chinese mer- chant, who was a member of the ex- | empt class, and that he took the status | of his father.
 Article III, Convention of December | Sth. 1894. Rule 1. declares who are members of the exempt class, and says that under the provisions of the laws and treaties in relation to the exeiu- sion of Chinese persons, only such per sons as are registered Chinese labor Sfb, Ol4tCtdtS Ot tuC AHiHpSc teachers, students, travellers for curl 1 osIty or pleasure. merchants and their lawful wives and minor children. labor CTS seeking in good faith to pass through the country to foreign terri
 tory. seamen as provided by Rules 10
 and Is, and persons whose physical condition necessitates immediate hos pitaI treatment shall be permitted to land at any port of the United States
 Said act above cited makes the ind | ing of a Chinese person in the United States without a certificate of regis tration, a prima facie case against him, and the burden of proof Is then upon such Chinese person to show his lawtul right to be and remain therein. '"The rule further requires affirmative proof to show that a respondent belongs to the exempt class. and said proot must be by evidence to the satisfaction of the Commi ssioner.
 ''Defendant introduced as witnesses in his behalf Chung Lung. Posephlns BinR and Lum Jack, and also testihed in his own behalf. All of these witt nesses are Christians, and 1t was shown to the Commissioner that they are per sons of intelligence and good character.
 "The United States Attorney objected to the evidence of said witnesses, as going to show aftirmatively the iacts relied upon by the respondent; the Commissioner HA' and permits the testimony to De lntfo- duced to show the status of defendant 1Is Fed. Reporter, 463; 12S Fed. Report
 CT. 522. a.,o. [, tb,s case. viz: First. whether respondent came to the United states as member of The exempt class; second, whether after having so come, he took the status of his father, and. third, whether ne l is permitted to remain and labor Ihe Commissioner is of the opinion that when respondent came to the Uhileu | States as the minor child of mer- chant. he became a member or the eN- empt class. (Art III, Convention De- cemher 8. 1894.) The Commissioner IS l further of the opinion that the n,ln". ot child of q merchant took the status or his father and therefore required no certiAcate. Article III, Convention | December 8, 1S94.)
 "It has been decided that where | Chinese person coming into the Unlted states as member of the exempt class hona fde. and afterwards became a ia-
 borer, was not subject to @ aep9s,a'iUA, sa,. ItE l (139 Y. S., 5lT' S4 Feu' heP' o"A' AA'
 Fed. Rep. 919)
 "Tn a very recent decision the above doctrine has been followed, and it was decided that q Chinese merchant who has lawfully come into the United States as a merchant ana Who prac- ticed his calling here for some time thereafter, but who is not a merchant at inc time of his arrest, even though he has become a laborer. is not SUD | Sect to deportation S4Zo feo' heP'' | 319-12S Fed. Rep. 522D
 "The Commissioner therefore finds from the testimony of above named wit nesses that the defendant came to the ITnited States as the minor son of a
 Chinese merchant, and therefore took | the status of his father and became member of the exempt class; he Is fur ther of the opSsSon that although he 1 afterwards has become a laborer, he Is
 not subject to deportation; he is there fore discharged.
 Tn the case of Chung Hi a brief
 opinion was rendered covering prac- | tically the same points as in the other case.
 The case against Frank Lee, who claims that he Is native of this eoun- | try is set for hearing before the Com | missioner on July 5.