CHINESE. Stringent laws for the entire exclusion of Chinese from the United States have been passed in the Pacific states, many of which have been decided to be uncon stitutional ; as is an ordinance that every male person imprisoned in the county jail should have his hair cut short ; Ho Ah Kow v. Nunan, 5 Sawy. 552, Fed. Cas. No. 6,546. A statute forbidding the employment of Chinamen on public works, etc., is void, as contravening the Burlingame treaty and the 14th amendment ; Baker v. Portland, 5 Sawy. 566, Fed. Cas. No. 777; In re Tiburcio Par rott, 1 Fed. 481. So is an act forbidding Chinamen to fish for the purpose of sale; In re Ah Chong, 2 Fed. 733. But a state law forbidding the exhumation of dead bodies and their removal, without a permit, is not invalid when applied to the removal of bodies of Chinamen who have been buried in Cali fornia ; it is a merely sanitary, regulation ; In re Wong Yung Quy, 2 Fed. 624.
The convention between the United States and China of 1894 provided that Chinese la borers or Chinese of any other class, either permanently or temporarily residing in the United States shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, ex cepting the right to become naturalized citi zens ; 28 Stat. L. 1211.
Teachers, officials, students, etc., have the privilege of coming to and residing in the United States on presentation of a certifi cate from their government, or the govern ment where they last resided vised by the diplomatic or consular representative of the United States in the country or port whence they departed. Upon application for admis sion this certificate is prima facie evidence of the facts set forth therein. One cannot be deported unless there is evidence to over come the legal effect of the certificate ; Liu Hop Fong v. U. S., 209 U. S. 453, 28 Sup. Ct. 576, 52 L. Ed. 888.
The regulations of the treasury department of Dec. 8, 1900, governing the privilege of transit by Chinese laborers across the ter ritory of the United States which require that evidence be produced which shall satis fy the collector of customs that a bona fide transit only was intended were authorized by the provision of the treaty with China of March 17, 1894 (28 Stat. L. 1211) that Chinese
laborers shall continue to enjoy such privi lege of transit, subject to such regulations by the government of the United States as may be necessary to prevent abuse of the priv ilege ; Fok Yung Yo v. U. S., 185 U. S. 296, 22 Sup. Ct. 686, 46 L. Ed. 917 ; Lee Lung v. Patterson, 186 U. S. 168, 22 Sup. Ct. 795, 46 L. Ed. 1108.
Chinese persons born out of the United States, remaining subjects of China, are en titled to the protection of and owe allegiance to the United States so long as they are per mitted by the United States to reside here, and are subject to the jurisdiction thereof in the same sense as all other aliens residing in the United States ; Yick Wo v. Hopkins, 118 U. S. 356, 6 Sup. Ct. 1064, 30 L. Ed. 220 ; Lau Ou Bew v. U. S., 144 U. S. 47, 12 Sup. Ct. 517, 36 L. Ed. 340; Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905 ; Lem Moon Sing v. U. S., 158 U. S. 538, 15 Sup. Ct. 967, 39 L. Ed. 1082 ; Wong Wing v. U. S., 163 U. S. 228, 16 Sup. Ct. 977, 41 L. Ed. 140 ; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890.
The failure of a Chinese laborer to ister, as required by act of Congress, May 5, 1892, is held not to be excused by the fact that after the commencement of the time allowed for registration, but before its piration, he was convicted and imprisoned for crime; U. S. v. Ah Poing, 69 Fed. 972.
Act of Nov. 3, 1893 (exclusion act), applies to Chinese persons who, having left the coun try before its passage, afterwards sought to return; Lew Jim v. U. S., 66 Fed. 953, 14 C. C. A. 281. A Chinaman, who during half his time is engaged in cutting and sewing garments for sale by a firm of which he is a member, is not a merchant within the exclu sion act ; Lai Moy v. U. S., 66 Fed. 955, 14 C. C. A. 283.