The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-07-12
CHINESE ACTOR
WANTS TO LAND
But viii the Majesty Of the Law
of the Land Permit
Him I?
tFrom saturday's AdvertiBer.)

Has Chinese actor, bound from one
foreign port to another foreign port,
through Hawaii, a right to land in Ho-
nolulu temporarily or permanently
This is the question that was raised
before the United States district court
yesterday through writ Of habeas
corpus sued out by George A. Davis
on behalf of Fung Woo, passenger
on the Japanese steamship Kiyo Maru.
This is the first time the question has
ever been raised Ia Hawaii. In fact,
IL has never come up but once before
in the United States, the exception be-
ing an exactly analogous case that arose
in Oregon in 1880. In that case the
man was allowed TO land.
Fung Woo, a passenger on the Kiyo
Maru, is bound from Lima, Peru, for
Hongkong Fung Woo is an actor, and
as such comes under the list of excep-
tions from the provisions of the Chi
nese exclusion act.
After the steamer reached Honolulu
the management of the Chinese theater
went out and engaged him to play in
this city for a term. But the captain
Of the Kiyo Maru, having in mind the
severe provisions of the Chinese ex-
clusion act, would not allow the man
TO leave the steamer. However, at the
suggestion of Inspector Halsey of the
immigration service, Fung Woo was al
lowed to land temporarily, under $500
bail, pending the departure of the
steamer.
This, however, was not sufficient, as
his engagement in Honolulu calls for
his remaining here for several weeks
George A. Davis, the habeas corpus ex-
pert, was appealed to, and Davis
promptly got out a petition for writ
of habeas corpus. This was presented
to Judge Dole, who signed it, ordering
the captain of the Kiyo to produce the
body of the actor in court.
1t was at this point that w. T. Raw
Inns, assistant United States district at
torney, clothed in all the majesty of the
United States and feeling upon his
shoulders the weight of his great re-
sponsibilities created by the absence of
| his chief, r. w. Breckons, who is on
Kauai, entered the lists.
Rawlins appeared before Judge Dole
in chambers and protested excitedly
that the United States, as represented
by himself, had nothing to do with the
writ. which, he said, was directed at
the captain of the steamship. Conse-
quently he couldn It see why he should
appear at all.
1t was at about this critical juncture
, that George A. Davis, stepping up to
| him dextrously slipped under his arm
t copy of the writ, exclaiming at the
s same time that he had thereby served
a the writ on the United States as repre-
+ sented by Mr.. Rawlins. Rawlins de
clared lie would have nothing to d.
: with it.
/. When Fung Woo and the captain o.
4 the Kiyo Maru came into court, how
4 ever, before Judge Robertson, half al
a hour later, Rawlins was on hand.
Davis. in presenting the writ, claimed
\ that Fung Woo, being an actor, GOMEZ
without the provisions of the Chinese
= Exclusion Act and there is, therefore
: no reason why he should not be per
mitted to land.
The captain Of the steamship, o.
: course, is not personally interested. AL
he wants is an order from the cour
7 which would free him and his eompan.
II from any liability. Consequently, III
o had nothing to say, nor did F w. Kle
II balm, representative in Honolulu an,
y agent of the steamship company. l
made no difference to them, so long n
t the landing of the Chinese does no
e render them liable to being accused o
f violation of the exclusion act
= But not so with Mr.. Rawlins
e would appear that all any of the partie
2 needed was a judicial opinion. Blu
]. Rawlins was inclined to oppose vigor
t ously the landing of the passenger.
g George A. Davis was also rathe
: warm The war promised for tim
to be hot, but nothing of moment hap
. pened. In the end Fung Woo was ad
. mitted to bail in the sum of $500, s.
that he eould appear at the theater las
:; night, and the case was set for furthe
hearing at ten O'Clock this morning.