*1 UNITED v. STATES JUNG AH LUNG.
Syllabus. been in bis possession.. .We, however, think that the word ” “ found means that a, there must be time before the cause .of action accrues at are found in the they of the possession defendant. If, howevér, plaintiffs’ .view were subject the fact tenable, still remains that the only Mr. possession Thornton ever had of these was prints the possession of Sharp- &less Sons, them holding their merely employe, subject to their always order and control, and never with claim in him to control them in their except service.. The instructions of the court to the on jury, therefore, were subject, erroneous, and the did not testimony justify For charge. this reason judgment Circuit Count is reversed, and the case . remanded with instruction to set aside the verdict, proceedings with this opinion.
for further accordance UNITED STATES JUNG AH LUNG.
APPE'AL ÉBOM THE CIROÜIT COURT OE THE FOR THE ' DISTRICT OE CALIFORNIA.
Submitted 9, 1888. January 13, 1888. — Decided February A ©hiñese who resided in the 17th, 1880, States on November continued to reside i 24th, "83, there till October when left San Fran- China, cisco for taking with him a certificate of issued to identification by him the port, collector of that form'required by the 4th section 6, May 1882, the act of 126, c. 22 Stat. which was stolen from China, him in and remained outstanding and uncancelled. Returning from China by vessel, to San Francisco a .by he was not allowed land, collector to want custody and was detained in port, by vessel, the master of by direction of the customs authorities. corpus, On writ of habeas issued the District Court of appeared it corresponded, that he respects, in all description contained in registration books of the custom-house person of the to whom the certificate was discharged issued^ was He ' custody, and the order of discharge affirmed the Circuit Court. appeal court, On to this States,. the United Held: TERM, 1887.
Opinion Court. (cid:127) authority custody color under (1) He writ; jurisdiction to issue Court had the District the fact not affected court was jurisdiction of the (2) The allowing question passed collector had *2 diplomatic treaty provides action for land, fact that by the hardship; in a case of provis- adjudicated under to be petitioner not was case of (3) The n 115, they 220, 1884, 6, where July Stat. c. 23 act of ions of 1882. of the of those differed from 1882, regard to a of the act provisions 4 of o*f § of the (4) view In sea, those distinguished from by arriving laborer land, by the District arriving regard one act in the same § did, regard it to receive authorized was Court found, dis- and, it the facts petitioner, on identity of the custody. charge him court habeas a corpus. for writ awas petition This from which judg- of the prisoner, the discharge below ordered stated The case States- appealed. ment the of the court. opinion for appellant. General Attorney
Mr. for Riordcm appellee. D. Thomas
Mr. the court. the opinion delivered Me. JustiCe Blatchfoe© a from judgment is an by This appeal of Cali- the District 'United of the Couft the Circuit of that Court District the judgment fornia, affirming dis- ordered of habeas corpus, in a case district, >writ behalf in whose custody charge Uom out. sued was was presented a petition 28th of September, On the a Ah subject Lung, Jung Court, alleging the District of his liberty restrained was China, unlawfully the Emperor, he Francisco, of San in the port of a master steamship to land allowed not in that vessel arrived to do him it unlawful that was it was contended because on that subject. the acts Congress under the so provisions n corputs of habeas writ a of the petition, On the filing , JUNG AH LUNG. Opinion of the Court.
issued the District Court to the master of the vessel, com- him to manding Ah body Jung Lung the court. This was done, the master made return that held Ah Jung Lung custody direction of the cus- toms authorities of the of San port Francisco, under California, Chinese Restriction Act.” On the 12th of October, 1885, leave of the court, United States for the district was Attorney allowed to on file, behalf of the United States,' special intervention and plea the jurisdiction of the court. Two questions were raised it: (1) Ah that'Jung Lung restrained of his toas liberty the benefit of' a writ of habeas corpus ; (2) collector of the had passed judgment matters of law and fact involved, and the same were res To adjudicaba. intervention Jung demurred, and Lung the demurrer was sustained. The' opinion court is in 25 reported Fed. It Rep. considered the question jurisdiction, and held *3 that the case (1) was a writ, one for the of a issuing habeas corpus; (2) was not clothed with collector exclusive in jurisdiction It premises. gave leave District to file an Attorney intervention the merits, which he did, forth that setting Ah was Jung Lung refused lawfully permis- sion to in land the United in States, with the compliance pro- visions of acts of because Congress, he failed to collector the certificate of identification for those aGtS; and that he was not land in the United States. The issue thus was joined court. tried.by the'
There is a bill of exceptions,, states that the counsel for Ah Jung offered Lung that he prove was a Chinese laborer, in.the residing States on November 17, United 1880, the date of the last between the United States and the of China; Emperor that he resided in the United States con- until tinuously October 24, 1883, when, about being return to. he China, received from the collector of San Francisco a him to enabling reenter the United in con- with the formity act .of 6, c. Congress May 1882,- 126, Stat.- 58 ; that he departed China, such certificate taking with him; that he remained in until he China embarked for TERM, 1887.
Opinion' of tlie Court. and in 1885; that, thereto, on 25, San Francisco prior August its he oí said certificate June, 1885, was deprived being him that' the China; taken from by robbery, by pirates, office of the custom-house in San books the registration Francisco the certificate issued to him; showed that it it and was uncan- it, no one had or entered upon presented and that conformed with the he celled; every particular in such office of the description registration kept issued. The District whom such certificate. was Attorney of this to the introduction testimony, incompetent, objected that the certificate the statute provided ground to establish the should be the evidence only permissible and'that no of a Chinese laborer to reenter of the certificate loss and contents evidence of the secondary overruled the court, could be received. objection the District ruling, Attorney excepted was received.
The District Court filed findings: following to introduce Counsel for testimony by proceeded applicant court, of this to the satisfaction which it appeared is a court so'finds: That Jung Lung situated at of a No.-1391 Second one of the laundry proprietors that he was a resident of the United ; New York Avenue, City date November, 1880, 17th day' a.d. States and the between Empire the last treaty resided that he continuously China, when October, the 24th or about day until on a.d. - Kio de Janeiro; on the steamer he led for China for and received from China, duly applied before' Sailing Francisco the district of San customs for the -collector *4 his name, identification, age, occupatiofi, stating certificate marks and residence, peculiarities, last physical place n to the identification for his conformity all facts necessary ‘An act to act of Congress certain execute 1882; Chinese,’ May approved reláting stipulations 6th>. in his for China, pos- on said steamer he departed .that certificate; said him, away session, taking vovage from on a while June, the month during a.d. AH JUNG LUNG. Opinion of the Court.
. his native to the village city Canton, China, junk upon which he awas was attacked in.waters passenger by pirates infested with notoriously said craft, piratical deprived, of said certificate Jung said Lung entitling applicant reenter the United States; that no one has said presented certificate at this and said certificate is port, outstanding remains uncancelled on the books of the custom-house for the -district of San Francisco; applicant corresponds, all contained in the respects, description, registration books custom-house, to whom the said person certificate was and that issued, no can doubt be entertained that the is the applicant whom the person said issued and delivered; it was not the District suggested by nor contended him, that if Attorney, admissible, proof, establish, failed- to in -the most manner, facts satisfactory herein found court, claimed that the applicant should be solely remanded that the ground testimony offereji could under applicant not, acts of known as the Congress restriction acts, be received evidence. the court, "Whereupon; that the being of.opinion said were admissible and proofs established the fully facts claimed ordered that he applicant, be.discharged.”
The District filed the Attorney following exceptions findings:
“1st. That the had court no or authority jurisdiction issue this case, writ as the was not applicant restrained of within the true intent and liberty of the act of meaning known as the habeas Congress act. corpus “ 2d. That court, the return of said writ of habeas no had or corpus, authority jurisdiction into and inquire decide the lawfulness of said alleged restraint, reason that the same had been decided to be lawful collector of San the port Francisco, his deputy. “ 3d. For the reason hereinbefore set forth, the said testi- toas mony issuance, loss, and contents of the certificate mentioned aforesaid, the fact that is the identical applicant to whom said certificate was issued, is inadmissible under the provisions of the said restric-
VOL. CXXIV— *5 TERM, 1887. 626 Opinion of the Court. failed t<3 his the that a.ots, applicant,
tion enter the United States.” entitled to not now is 1885, District Court entered a the November, of 5th On«-the The Ah from custody. Jung lung discharging judgment from the Court to the Circuit judg- States appealed United United States ment, objected and from rulings the de- the order sustaining trial, especially to the jurisdiction, intervention plea murrer special than the cer- other testimony admitting and from rulings to come into of Lung- to establish right Jung tificate affirmed judg- CircuiU'Court The States. United appeal and from its stated, judgment as ment, n taken. was no there that for the It is contended in the first the writ to issue Court the District jurisdiction.in of -liberty restrained was not because instance, party ^ It is statute. urged the Habeascorpus within meaning . was that he per- was that the party only restraint But we are States. opinion mitted to enter The the writ. one for the issuing the case was master was that return of The. was in custody. party authorities customs direction him in held custody by n Act. Restriction the Chinese provisions under port, was, therefore, custody He act Congress. That was an within of the authority color under or by He Statutes. of the Revised the meaning § county a vessel within city on board in custody held within pro- case was one falling San Francisco.' of. Statutes. the Revised 13 of Title 13 of of chapter visions existed, writ to issue the if the right Tt' is also urged, Revised' -the Stat-' under otherwise, general Restriction the Chinese away by was taken ufes, matter, and neces- the entire subject Act, which regulated 58, c. 22 Stat. 126, 1882, The act May-6, exclusive. sarily relating certain treaty stipulations to execute An act as amended to Chinese,” passed, originally and. forth is set Stat.Tl5, margin, c. 1884, 220, 5, Juiy italics, 1884, the act of while introduced by words in
‘UNITED STATES JUNG AH LUNG. 02Y V.
Opinion of the Court. those were brackets in the act of were stricken- out the act of 1884.1 AN *6 ACT TO EXECUTE CERTAIN APPROVED MAY 6TH, TREATY AS STIPULATIONS AMENDED JULY RELATING TO OTH, 1884. CHINESE,. f opinion in Whereas of the Government of the United States the com- ing of Chinese laborers to endangers this good order of certain . territory thereof; localities within Therefore: Be it enacted Representatives Senate and House of of Congress America in assembled. That from [expira- and after of ninety days of tion the]'passage act, next after expira- of this and until the years of tion ten passage act, next after the coming of Chinese be, laborers United States and hereby, suspended; same is and during suspension such it shall not any be lawful for Chinese laborer to . any foreign port or, come place, having expira- or so come from [after ninety days,] tion said to remain within the United States. 2. any Sec. That the master of vessel who knowingly shall bring within land, on the United States such vessel attempt land, permit and or or landed, any be any Chinese foreign port from place, "or shall be guilty misdemeanor, deemed of a and on pun- conviction thereof shall be
ished a fine of not more than five hundred dollars every for each and such laborer brought, may Chinese so imprisoned also [be also] n term year. a not exceeding one Sec. 3. That the foregoing two apply shall sections to Chinese labor- who ers were in the United States on the day November, seventeenth eighteen eighty, hundred and or who have shall come into the same before-- expiration ninety days next after the passage of the act to wliiafcfiñs amendatory, is act apply nor shall said laborers, sections to Chinese [and] Who produce shall to such master before vessel, on- going board such and shall port collector in the States at which such ves- arrive, shall sel the evidence hereinafter required in this act being of his of the one laborers iu mentioned; this section nor shall the two foregoing apply any sections vessel, case of master being whose bound to a not within the United shall jurisdiction come within the United States reason of in weather, distress or in stress of or touching any port voyage United States on any its foreign port place: Provided, or That all Chinese brought laborers on such vessel shall permitted except not be to land in case necessity, absolute depart and must leaving port. with the vessel on purpose That for the Sec. properly identifying Chinese laborers were in the United States on the day seventeenth November, eigh- teen eighty, hundred and or who shall have come into the same before the expiration ninety days next after passage of the act to which this act amendatory, and in order to furnish them with the evidence of their their, from and come to the United free [of will and TERM, 1887.
Opinion the' Court. in manner affects in these acts which any We see nothing to issue a of the United of the courts the jurisdiction provided by the United States said and the between accord,] seventeenth, eighty, the eighteen dated November and China hundred any laborer such Chinese of customs of the district'from which collector shall-, -by deputy, go persósgror depart from the United States shall and cleared or such laborer on board Chinese each vessel board port, make foreign and on such vessel a district for about to sail his laborers, registry-books shall be entered which of all such a list individual, family, purpose, kept shall be stated the which to be name, occupation, followed, last and where full, age, when and tribal necessary residence, peculiarities, physical and all facts place marks or laborers, books identification of each of such for the depart- custom-house; every kept safely such Chinese in the' laborer receive, to, free of and shall ing be entitled from the United States collector, oy therefor, his upon application from the charge or cost collector, seal said collector’s deputy, attested name said taken, signed by'the office, collector at the time list is Secretary office, form as the deputy in such his seal of attested *7 certificate, a prescribe, contain statement Treasury shall of the shall which occupation, full, age, and individual, when family, name in of the and tribal residence, personal description place and facts of followed, of where [last issued, is cor-' to the'certificate the laborer whom of Chinese identification] any particulars. In case registry in all responding the said list and with certificate, laborer, shall leave such ves- after received such Chinese of departure to the master the his certificate her he shall deliver sel before vessel', before such vessel fail-to return and if such Chinese shall to laborer by departure master to be the the certificate shall delivered' her from provided herein certificate for cancellation. The the collector of customs to return to the same is issued the laborer to whom shall entitle Chinese for delivering upon producing the same to and and reenter the United States laborer shall such Chinese of customs of the district which the collector only permissible reSnter; to the and said shall-be seek to certificate n establish delivering-of such certifi- right [delivery] reentry; and his of to, at the time of re- by customs laborer the collector of such Chinese cate States', to be filed in cause the same entry in the said collector shall United duly and cancelled. the custom-house of act four this mentioned in section 5. That Chinese laborer Sec. States, depart the desiring from United and to in the United j cost, receive, charge land, of or right and free by the to demand hav shall provided four of for in section to that of identification similar a certificate may to leave the desire laborers as to such Chinese to be issued duty of hereby-made of the collector water; by and it is United States country said adjoining foreign to which next of the district customs cost, charge or free of such to issue laborer desires to Chinese upon regis- laborer, to the same upon application by and enter such Chines'e AH JUNG LUNG. 62& Opinion of the Court.
writ of habeas On the corpus. of contrary, implication 12 is .of the view that favor strongly jurisdiction § kept by purpose, try-books provided tó be Mm for the as for in section four act. of this Sec. 6. That order faithful execution of one and two [articles treaty every this act mentioned,] Chinese' in] [before person, may by other than a treaty who be entitled said or [and] States, act to come within United tMs and be about to come shall obtain the permission ybe to the United identified as so and Government, by the entitled foreign government or such- other of. case; person subject, such at the time in each which shall be a [such by a identity] to be evidenced certificate authority issued [under said] government, certificate English which shall be in language, such [or English accompanied language) in the (if not English, a translation into stating such permission, and shall show such come] the name of permitted person . proper signature, in his or her and which certificate.shall individual, family, title, rank, tribal name 'state'the full, or official if' height, physical peculiarities, (cid:127)any-j^theage, all present former and occu- profession, pation or place long pursued, when and where how person residence whom the [in China] certificate is issued and person [conformably treaty such this act in]" [men- to come within United States. person applying tioned] a If for merchant, shall, shall be said require- in addition to above certificate ments, certificate nature, character, state the and estimated value the business carried on prior application Provided, at the time his him That aforesaid: nothing nor in said in this act embracing construed as within the “ merchant,” hucksters, meaning peddlers, the word engaged or those in tak- drying, preserving ing, or otherwise shell or consumption other home or fish for exportation. sought purpose be curiosity, travel certificate If for applicant whether the pass state through it shall also intends to or travel within States, together with standing which financial from act', is desired. The such in this and the iden- certificate shall, tity person goes named therein on' board proceed diplo- vessel vised the indorsement representatives foreign country matic States in the issues, representative said the consular the United States at *8 certificate place port person which the or named in the is about to certificate diplomatic representative depart; representative and such or consular whose required is-hereby empowered, is so duty, indorsement and it shall be his indorsing aforesaid, such to examine into -the truth the state- certificate certificate', shall, upon set in said ments and examination that forth if find any said dr the statements duty therein contained are untrue it shall be his certificate, Such aforesaid, the same. primfi to indorse shall be vised as refuse therein, produced facie evidence of the fact set forth and shall be customs, port deputy,] collector of in [or district in the person arrive, at States wMch named therein shall and afterward (cid:127) 1887. .TERM,. .630 n Opinion of the Court. of the United in courts was not in premises
tended to be interfered with. That section provides, United, produced lawfully authorities States whenever de- manded, evidence'permissible part person and shall he the sole on producing n said, entry same establish a into the United ; States but may disproved by he controverted and the therein stated facts authorities. United States person any falsely knowingly Sec. 7. That who shall alter or substi- certificate, any forge any tute name for the name written such or such certificate, certificate, knowingly any forged or utter falsely or fraudulent or personate any person any guilty named in such shall be deemed misdemeanor; of a conviction thereof shall be fined in a sum not dollars, imprisoned exceeding penitentiary one thousand in a for a term years. than of not more five any arriving 8. That the master of Sec. vessel United States from port place shall, any foreign or at the same time he delivers a manifest of cargo, cargo, report if making there be no then at the time of a pursuant law, entry of the- vessel in addition to the other matter required reported, land, landing, permitting any to be and before or Chi- passengers, report nese an'd deliver to the collector of customs of the dis- separate trict in such vessels shall a which have arrived list of all Chinese passengers any foreign place, taken on board his vessel or and all passengers such board vessel at that time. shall Such list show the passengers (and any names such if accredited officersof the Chinese or of foreign travelling government, other Government on the business of that or servants, particu- facts) their lars, a note of such with names and other and.the respective certificates; as shown their and such list shall be sworn required the master in the manner law in relation to- the manifest Any cargo. neglect any or refusal such master to [wilful] wilful comply provisions ’.penalties of this section shall incur the same report neglect and forfeiture as are refusal or and deliver cargo.. a manifest of the any passengers any Sec. 9. That before are landed from such vessel, collector, deputy, proceed passen- or his to examine such gers, comparing the passengers; certificates with the list and with the passenger no to land allowed from such vessel violation law. every knowingly any Sec. That vessel master shall whose violate 10.. of this act shall be deemed forfeited to the United any and shall be liable to seizure and condemnation in district of the may may United States into which vessel enter or she found. any person into, knowingly .bring Sec. That who shall or cause to be land, brought into the United States or [knowingly] who shall aid or same, landing abet the aid or abet the in the United States from ves- lawfully sel of entitled to enter the United *9 AH LUNG. 631'. JUNG' Opinion Court. within United unlawfully found Chinese person “any
(cid:127) to therefrom be removed to be caused States shall thereof, shall, misdemeanor, conviction and guilty aof he deemed shall dollars, imprisoned for a and exceeding one thousand not in a sum be lined exceeding year. one not term permitted to the United person be enter shall Chinese 12. That-no Sec. the cer- of officer customs producing to land without States persons seeking land from a vessel.' to required of act Chinese in this tificate be unlawfully shall the United States person within found any Chinese And came, [by country from whence removed caused to be therefrom he. cost of States,] and .of United the President of direction justice, judge, commis- or being brought some after United lawfully States, and found to be one not court the United of a of sioner States; in all such cases to remain in the United and to be or entitled person shall bringing to the United States brought' or aided in such person who ' necessary expenses in- all government -States United liable be for of peace the several investigation removal; all and and in such ourred officers of hereby with the same invested are Territories United Stales and States of carrying out authority or United States marshal as a marshal reference amendatory, marshal is as a act this provisions act or the which this of of compensa- entitled to like shall be deputy and marshal or of And the States shall paid United and the same be audited tion to officers. person any charges Chinese and return the maintenance pay all costs of entitling come prescribed such Chinese law as the certificate any may permitted to land vessel not been have into the from any provisions this act. reason of diplomatic apply and other act shall not officers 13. That this Seo. Chinese, gov- travelling the business Governments or other equivalent ernment, to the certificate shall be taken as whose credentials mentioned, body exempt and house- and their and shall them act in this persons. provisions to other Chinese of this act as hold servants shall no state court or court 14. That hereafter Sec. hereby citizenship; act are all in conflict with this admit Chinese laws repealed. subjects provisions apply to all 15. That China this shall Sec. Chinese, foreign power; and subjects any China other whether or laborers,” act, shall construed in this be wherever used words employed mining. mean both skilled and unskilled laborers act, any this 16i That or Sec. violation amendatory, punishment herein which is not otherwise which this act of ' and, misdemeanor, punishable by for, shall be deemed a fine than, dollars, by imprisonment exceeding more one one or not not thousand imprisonment. year, or both fine nothing 17. Thai contained in be Sec. this act shall construed affect civil, proceeding, begun prosecution the act or other or under criminal civil, amendatory prosecution proceeding, ; but such or other criminal this [is] proceed passed: act had not been if 6,32 TERM,
Opinion of tlie Court. from whence he came . . . after being brought before some justice, or commissioner of a judge, court of the United States and found to one lawfully to be or *10 remain the United States.1” So if that, it were to be claimed the United States .by that Ah if Jung at Lung, time he should be found was here, found he unlawfully here, could not be' removed to the he whence came, unless he were before some brought justice, judge, commissioner of a court of the United States and were found judicially to be á not person lawfully to be or remain here. This being the so, his title question to be here can certainly adjudi cated the court of the United States, the upon ques tion of his allowed to land. It -is also that the urged, statute confides to the collector of the of San Francisco the authority pass the ques- tion of allowing Jung to land in Lung the United States, no means of provides reviewing action in. premises; that executive only action in enforcing treaty statutes is ; contemplated and that there is -no in law or case equity, out growing facts, to be into inquired aby judi- cial tribunal. It is true that the 9th section of the act provides, before any Chinese are landed passengers from a vessel arriv- in the ing United States from a foreign port, collector of customs of the district which the vessel arrives shall proceed to examine such passengers, with comparing the list and with passengers certificates issued under the act, and that no shall be passenger allowed to land in the United States from such vessel in violation of law. But we regard only for provision specifying executive officer who is to perform duties prescribed, that no inference can be drawn from that or other language acts that any judicial which cognizance would otherwise exist is intended to be interfered with. It is also urged, that itself treaty contemplates only
executive action,,for the reason that the fourth article of the 22 Stat. treaty if provides that, the legislation adopted United States to out the carry found AH LUNG. v. JUNG-
Opinion tlie Court. China, the subjects upon, hardship to work the notice matter to may bring Washington minister-at will consider State the Secretary in this provision is nothing But there him.” the subject confines the or which cognizance, excludes judicial case hardship, in a China, given aof subject remedy action. diplomatic to the effect non-produc- is as question remaining for the United It is contended the certificate. tion pf the certificate Ah Lung by Jung the actual production that that' the land; him to enable essential to him issued its con- not secondary does provide statute corresponds no it is of ; consequence tents in the registration contained description, all respects the certifi- to whom custom-house, books does say the statute reason that issued, cate *11 to. be resorted can of evidence species on from the United Ah departed Lung having Jung cer the then received 1883, October, of 24th the to be his case 1882, act of under the of identification tificate not act, and by provis of that the provisions by governed contained he received The certificate of 1884. of act ions 1882, pro of for act those matters by provided the cus books 1884. The act of registry vided by to him, specified particulars contained, regard tom-house of 1884. the act not those 1882, specified act of in the in which in the they of 1884, act respects The provisions toor to him do not of 1882, apply act those differ to the if had his certificate present certificate; and, con a certificate not be present he could collector, required the amendments required the additional particulars taining 1882. the act of section to the 4th the act 1884 made far relate 1884, they act The provisions certificate issued, to be certificate contents the returning to the collector by to be presented This prin are not vessel, retrospective. arriving laborer v. United Heong the case Chew determined in was ciple that a Chinese held, it 112 S. where 536, U. TERM, 1887. Opinion of tiie Court.
who in the United States residing at the date of the of November 17, 1880, and who departed sea before of the act of passage 1882, and remained out of the United States until after the of the act of passage 1884, was not re- quired certificate to the collector, because other- wise his vested previously to return right would be injuriously affected. The same principle applies present case, respect right Jung return Lung without hav- received a ing containing additional particulars required by act of amendatory In to the main regard question involved, 4 of the § provides purpose properly identifying Chinese laborers who were in the United the 17th of November, and in order to furnish them with the proper their from and come to the United States of their free will and accord, as provided by treaty, the collector shall, on board of the vessel, departing make a list of the Chinese laborers are about to sail, which shall be en- tered in books to registry for the kept purpose, which shall be stated the particulars specified by section, and all facts for the necessary identification of each Chinese laborer, which books shall be safely kept custom-house; and that each Chinese laborer shall receive from the collector, the time such list is taken, a certificate signed by collector and attested his seal of office, which shall contain a statement particulars mentioned, and facts of identification of himself, with the said corresponding list and in. all registry particulars. section then “The says: certificate herein for shall entitle the Chinese laborer to whom the same is to return to and issued reenter the United States, *12 upon producing the same delivering to the collector of customs the district at which such. Chinese laborer shall seek to reenter.” It does not that such say certificate shall be the only permissible establish the of re- right It entry._ it that merely shall be says given purpose properly laborer, and identifying shall be proper evidence of his and come to the United States, and to return to and reenter the entitfe'him United States, 635 AH JUNG LUNG. Meld, Harlan, Lamar, Opinion:
Dissenting JJ. it of the district to the collector delivering producing upon It he shall seek to reenter. does not that at which say a vessel shall not be laborer Chinese by permitted returning without In certificate. enter producing 12 of there is a marked difference between this respect § § in to a Chinese act, the same person entering regard that no land. Section provides, enter the United States land without permitted mentioned in 4 of the act. This the certificate producing § think in we marked, distinction very language in in to a absence of like regard language § it vessel, a for the District laborer arriving by competent it in a the evidence which the case of cer- did, to receive Court to have been lost or and that stolen, claimed tificate actually of law was the facts which it found. conclusion its justified by a made laborer who In that a Chinese regard suggestion it has or from whom been certificate, stolen, has lost may a vessel, to reenter the United at seek port some and that certificate, than that at which he received the other him at such would be a there difficulty identifying practical it is sufficient to in the absence of say port, be no is not such a and that there would case; difficulty evidence the record of the custom-house producing it, any port entry, departure, copy in it the Chinese with particulars compare stated or want and thus establish his identity identity. the Gwouit Gowrtis The judgment affirmed. HaelaN, with whom concurred Me. Justice Me. Justice Lamae, Field and Me. Justioe dissenting. un- Laaiae are myself Me. Justice Field,
Me. Justice the court able to concur interpretation placed execution 6, 1882, passed Congress May concluded 17th of China, treaty supplemental November, the United States were at notwith- liberty,
By to enact laws treaty, stipulations original standing *13 TERM, 1887.' Field, Harlan, Opinion: Lamar, Dissenting JJ. or of Chinese limiting, suspending coming
regulating, or their residence the United to, in, laborers such limi- States; to be reasonable in its tation or character. It suspension “ that Chinese whether further subjects, proceeding teachers, to the United States as or students, merchants, with their and household servants, curiosity, together body who are Chinese laborers now 17, and [November 1880] allowed to and come of their own free will and shall be all the accord, accorded rights, immunities, and which are accorded to privileges, exemptions citizens the most favored nation.” subjects 6, first section 22 Stat. c. 1882, 58, May 126, Chinese laborers to the United suspends coming States from and after the next after expiration ninety days date, until of ten next after the expiration years it and makes unlawful for act; passage any come, laborer to so come after the of said expiration in this remain The second section ninety- days, country. it an fine offence, makes punishable by imprisonment, master of a vessel Chinese laborer knowingly bring any within the on such vessel United States from any foreign port or place. n The third section from the exempts operation pre- sections such Chinese laborers as were in ceding only 17th November, 1880, or who shall have come into same before the next expiration ninety days after 6, 1882, and shall to such master May produce on board such vessel, shall going collector of the in the United States, which such vessel arrive the shall in this act reqiñred hereinafter one of the in this section mentioned.” laborers The fourth section books, be provides registry kept the collector of customs, which be entered a list of all Chinese laborers on' vessel from his district, departing which shall stated the name, last age, occupation, place of residence, marks or and all facts physical peculiarities, for the identification of such laborers. Each Chinese necessary laborer, so from the after the departing country, passage
UNITED STATES v. JUNG- AH LUNG. Harlan, Lamar,
Dissenting Opinion: Lígid, JJ. the act of entitled to receive, free of charge, upon at the time such therefor, list is taken, application *14 the above facts, the'collector or his showing signed by deputy, and attested his seal of in office, such form as the by Secretary shall It is to Treasury observe that prescribe. important this statute declares that all this towas be done expressly “for Chineselaborers whowerein properly purpose identifying the United States seventeenth November, da/y eighteen cmd hundred who shall have come into the eighty, same before the next .after the expiration ninety days passage this to act, order furnish them with the prop&r their to cmd come the United States of their from free will and accord, between by United States and China, dated November seventeenth, éighteen ‘ “ hundred and Further: The certificate herein eighty.” pro- for shall entitle vided the Chinese to whom the same is to return to and the, reenter issued, United States upon pro the scmieto the collector of d/acing delivering customs of the district at which such Chinese laborer shall seek to re enter, such certificate upon delivery Chinese by laborer to the collector of customs at the time of reentry the United' said collector shall cause the same to be filed in the custom-house and cancelled.” duly fifth section made for a similar certificate provision laborer of the Chinese class mentioned the fourth section, “ and who desired from this depart land,” country by the collector of customs of the district next given by adjoin- to which such laborer desires to ing foreign country go. “ The twelfth section that no Chinese provides to enter the United States land, without permitted by pro- officer of customs ducing proper- required persons seeking of Chinese to land from a ves- &c. sel,”
In view of these we have been unable to reach other conclusion than that intended, the act any Congress return to this prohibit country laborer who was here on the 17th of November, 1880, thereafter left the United States, with him the certifi- taking TERM, 1887. . Harlan, Lamar, Held, Opinion:
Dissenting JJ. unless he such certifícate that act,' produced cate prescribed (cid:127) It is not that such' to reenter. time he disputed at the sought to Chinese respect persons the intention Cóngress land.” dis- Indeed, States “by to enter seeking that express prohibition, precluded upon point pute all Chinese section, in the twelfth persons being permitted land without to enter this producing country in this act But is the certificate of customs required.” officer intended to there that Congress pre- suppose ground rule in more relation to Chinese different or a scribe a stringent ' in relation to land than prescribed laborers entering at one of the % laborers country entering ports at the that the books If it be said kept depart- registry the identification of Chinese evidence for ure furnish ample at that we answer, to enter the laborers, country port, seeking fit to exclude all saw (1) Congress *15 to which unless of the class Chinese laborers appellee belongs, collector the certificate issued as evidence they produced that rule ; the United States of their to reenter (2) right in its statute, terms of uniform is, by very prescribed and to laborers to all Chinese every port application who laborer, received a certificate States. The Chinese United was not bound.to reenter the United under the act of he sailed and at he at the from which port as we have reenter could, seen, that certificate. He received “ at of the United States, land or upon producing any port ” “ to the collector of customs of his certificate delivering seek' to re- at which such Chinese laborer shall the district had Now, enter.” petitioner, Jung Lung, suppose at the of New York. to reenter the United States port sought as a he been identified at How could have been the collector to whom a certificate issued laborer, had ? The customs at San Francisco collector of customs of. to affi- York would been without Néw have authority accept of a to reenter. It is davits in of his claim right support 23 Stat. 115, be further observed that the act 5,1884, July four the act of 1882 shall be c. that section 220, provides that “said shall be the so amended as read certificate only (cid:127) [¶] FRANCISCO. SAN ADLEY Syllabus. This to establish his reentry.” right .permissible clearer indicates, but rule,
did not declare á new language the intention of used, that' Congress than passing previously the act of taken from him
If forcibly appellee’s is his misfortune. he. absent, while band of pirates, the intention not to defeat what was manifestly That fact ought of the Government. branch Congress, legislative was here laborer, to a said, act of 1882, respect and who afterwards left of 1880 was made, when of his that “the country, proper evidence” he received from the States was the come .certificate at the time of customs, departure, from collector to reenter that he should be entitled upon producing ” of customs of to the collector such certificate delivering while this court seeks to reenter; district at which he without reenter the decides that he pro- may evidence that he satisfactory ducing it. As but was unable very once had it, who was here Novem- on. terms of the a Chinese act, ber 1880,.is absolutely 1Y, excepted provision to this for a all class suspending coming the collector the number unless produces years, given assent to we cannot certificate issued judgment him, the court. v. SAN ADMINISTRATORS FRANCISCO.
HOADLEY’S *16 OE OE' STATE CALIFORNIA. SUPREME COURT ERROR TO THE THE — February Submitted 8, 1887. 20, 1888. Decided December court, brought to a state here writ of error a cause is When impaired property obligation has been ground contract pro- compensation, public in (cid:127)violation taken for use without due duty first of this visions of the Constitution taking property inquire alleged contract court is whether alleged con- exists; disclose no trace facts in this record property. alleged taking of tract or the