The Shadow of the Chinese Exclusion Act

In the United States Court yesterday, the case of Toy Sing, Toy Ton, and Toy Sing—three men arrested for alleged violation of the Chinese Exclusion Act—came before Judge Hanford. Having been brought before the Commissioner at Port Townsend in early December and found to be Chinese laborers, a warrant of deportation had been issued. Their attorneys brought them before Judge Hanford on a writ of habeas corpus, arguing that the commissioner had exceeded his authority and that the case required further review. United States Attorney Sullivan argued that the commissioner’s writ was binding and the matter settled. Judge Hanford noted that while the law could be construed in different ways, the act itself—designed to override treaties—placed Chinese laborers outside the typical protections of the Constitution. He stated, 'Courts have to take that radical view of this act, and in this case, the prisoners will have to be remanded to the custody of the marshal.' Counsel for the men, who claimed their clients were former residents and one was a merchant of San Francisco, announced they would seek a writ of certiorari to bring the matter before the Supreme Court.