Speech #500111399

In the attempt to carry out the provisions of this law the customs officials have been thwarted at every step by the mandates of the Federal courts. By the abuse of the right of habeas corpus the administration of the act has been taken from the hands of the collector of customs and usurped by the courts. The examination of Chinese ois board ships by the customs authorities provided for in your actwhich was the greatest safeguard against the fraudulent landing of coolieshas been vetoed by the Federal courts. although it was approved by the President. So determined have been the judges to defeat the plain and only purpose of the law that they have gone the length of threatening with imprisonmeit the custoins officials who have sought to perform the sworn duty imposed upon them by the Congress and President of the United States. Since you ordained in 1884 that no Chinaman should enter this country without possessing a certain certificate showing his rightto land. nine thousand have been landed by habeas corpus. This violation of law has been accomplished through the agency of the Federal judges. who have set up a standard of their own above and in defiance of the law. Clothed with that discretion which is inseparable from a proper exercise of the judicial office. they have in every instance used it in behalf of the Chinese and against the spirit of the law. Every doubt has been resolved against the interests of the people. lied they been paid attorneys of the Chinese while sitting on the bench they could not have worked more persistently and eagerly at throwing down the guards which you set up against this immigration. Each cooly landed by habeas corpus represents legal fees amounting to $20. The circuit tourt.which is time conduit through which this Asiatic lilth flows. Ias for its feereceiving clerk a near relative of the judge. So great has been the inpour of this profitable. though forbidden. imiigration. that the regular machinery of the court has proved inadequate to the demand. A subsidiary court not contemplated by statute has been created for tile admission of Chinese. aid no fee iiow gpes to waste. This subsidiary court receives a fee of $3 for every Chinaman landed. and does its work at the rate of one Chinaman every tell minutes during btiiness hours. At tile present tine there are ii San Franciscos Chinatown no less than 4.000 certificateless coolies landed upon habeas corpus. turned loose on bail and awaiting examination. Many of them have been on shore as long as six months. Tie only proof of prior residence required by the circuit court and its annex from these men is an ability to answer certain questions to show a slight familiarity with the geographical features of San Francisco. and tle entry of their names in tie books of the Chinese Six Companies or in the aceounts of a Chinese merchant. Every one of this army of coolies call secure his final discharge at tie expense of a false oath and the payment of the required fees. Meantime this swarm of Asiatics wo are supposed by law not to be in the country. are actively competing with American labor in all branches of industry and aiding in the reduction of the scale of wages to the Chinese level. The anlount represented ois the bonds for which Chinese residents are sureties is already in excess of tle assessed valuation of all the propeaty owned in San Francisco by the Chinese population. That the interpretation placed upon the law by Judges Sawyer and Sabin and Commissioner Iloughton is nota necessary. but an arbitrary interpretation. is shown by the brief sitting of Judge Ross of the southern district of California. This jurist was recently invited to sit upon the circuit bench in this city. His rulings were such as to exclude the Chinese. and such as to spread dismay and panic among tie whole colony of feereceiving officials. coolie brokers. attorneys. straw bondsmneu. and all other parasites who are living and fattening upon the decaying remains of the restriction act. Judge Rosss sitting was brief. He has not been invited to sit ol the circuit bench again. lie has been dropped from Judge Sawyers visiting list. We. the people of San Francisco. appeal to Congress to end this monstrous conspiracy. to save the Pacific coast and the country from tie consequences of an abuse ofjudicial power unparalleled since the time o1 Jeffreys. The House of Representatives has created a committee to investigate the subject of contract labor. We invite that committee to visit thiscity. We promise to place before it facts which will demlonstrate the truth of every allegation made in this memorial.