The San Francisco call., 1907-06-14
SECRETARY Of LABOR
STRAUs To RESCUE OF
CHINESE IMM|GRANT IS
Issues New Orders to North
Concerning Admission
Of Mongolians
SECRECY PROHIBITED
Examination of Applicants
From Flowery Kingdom
to Be Liberal


Instructions received yesterday by
United States Immigrant Commissioner
Hart II. North from Secretary Straus
OF the department Of commerce and
labor indicate that the government has
adopted a more friendly attitude toward
the Chinese than has been the case
heretofore, especially with reference to
the Chinese exclusion act and the man.
ner OF its enforcement
The instructions are to the effect that
when a Chinese immigrant arrives at
any port of the United States he is to
be allowed the privilege Of having an
: attorney and an Interpreter. to be Sc
/ lected by himself or the attorney. who
may be present when the immigrant is
! being examined by the officials.
: The attorney will not be allowed to
= take part in the examination or to ask
( questions. but he may call the attention
: of the officers to anything which he
may consider as an error on the part
Of the official federal interpreter. In
! case of q disagreement between the in
I terpreters as TO the correct translation
OF any question or answer. or any part
thereof, the dispute viii be referred to
other interpreters, whose opinion shall
decide.
Heretofore when a Chinese immigrant
was examined on board the steamer a
stenographer took down his statement
for the Chinese division Of the immi-
grant Office and he was not allowed to
have any attorney or other representa-
tive present to inform him as TO his
rights and TO prevent him from being
bullied and otherwise unfairly treated
! The transcript of the examination was
kept secret and the attorneys for the
immigrant were not. permitted to In
spect it The result has been that
when the attorneys have found it neces-
sary TO take an appeal from the unfav-
orable action of the immigrant COM
missioner they were in the dark as to
the proceedings, and both they and
their client were placed at great dis
advantage
The reason for this excessive caution
and secrecy was TO prevent possible
collusion between the immigrant and
the Chinese and other witnesses named
by him TO substantiate the statement
made by him on board the steamer. In
many instances the witnesses testified
diametrically opposite to the statement
of the immigrant, and proved, unwit-
tingly, that the applicant was not en-
titled 10 be landed
The letting down OF the bars in this
instance is a tremendous concession on
the part of the United States and Will
be accepted by the Chinese government
as an expression of good will and in
creasinS friendship. Prominent Chinese
sn this city said yesterday that they so
regarded it, and saw in the action of
Secretary Straus an evidence of closer
and more amicable relations, CONNER
cially and diplomatically, between the
countries
There is 20 doubt that the star cham
ber methods which have prevailed in
the immigrant office at this port have
IN several instances worked much in
Justice 10 immigrants who were really
entitled 10 enter. Special Commissioners
Harrison Nesbitt and John A Rogers,
who made an investigation here re-
Gently into the operation Of Commis-
sioner North's Office. ascertained that
such abuses really did exist This was
one of the most important recon-
,nendations in their report to Secretary
Straus.
It is significant that almost stimuli
taneously with the issuance of this or
der comes the opinion of Attorney Cen
ersl Bonaparte to the effect that
Chinese sailors enjoying shore leave
should not be arrested and deported;
that they have right to come ashore
so long as they have no intention to
desert This opinion was given in reply
TO a protest of c. d. Bunker & Co.
Or this city against the imposition of
about $500 in costs and Jail expenses in
the Thyra matter. The facts of the
Thyra case were that in December last
Captain Bergen, master of that Nor
2 wegfan steamer, sent three Chinese
sailors ashore at Oakland for q. supply
of vegetables and other fresh pro-
visions. The men made their purchases
and were on the way to the vessel
when they were arrested by Chinese
Watchman Blackburn for being illeg-
ally in this country. The men were de-
ported and Captain Bergen was held to
answer before the federal grand jury
for violating the exclusion law. but the
jury refused TO indict him and he was
discharged.
In his letter Secretary Bonaparte
I says;
Just why such proceedings were in
stituted is not understood. in view Of
Z he fact that they were seamen, and ap-
rarently had just come on shore to get
esme provisions, and at the time of ar
est were returning to the vessel with
the provisions purchased"
Secretary Bonaparte adds that the
government should return the money
paid as jail expenses for keeping the
sailors in prison and for costs of court.
United States Immigrant Commits
sioner North said yesterday that he
would ask Washington for instructions
as 70 whether he should omit the pre-
1iminary examination of Chinese immi-
grants on board ship and have but one
examination of the applicant and his
witnesses so that they could not con-
coct a story among themselves.