The San Francisco Call. Newspaper, February 28, 1904, Page 15

THE S « FRANCISCO SUNDAY CAL 15 R be made 4 mong the ens of Terri- President as attention paid to ceed in his pork- Del- , who 1sness of the acts . ho struck her F the problem which annexation d. It has e victors to tate the van- iends of Goth B nrolling them under her ear n ng them tc tin Af- r nsformed captured ban- he annexation or » fought it, and as be- ons it was logical, at the an- laces ab averages well for The Supreme t saturated acquired ent, is rea- rigidly n United rd B. D teered ed ma He nts and ing with s 1551 the Su- a set the pace ted in 4th Cali- evidence of a Chi- ot be received in a Cal- because, not being e fore black, that be- therefore & negro ning of the California luded negroes from h the matter the d that when Co- America he was a and supposed that he ; that he therefore called “Indians”; that the generic; that India and Asia ertible terms; that a China- Asiatic was therefore being an Indian was law from testifyinz t man, and so Mr. Hall, the proud Caucasian who had been im- prope convicted on negro-Indian testimony of shooting a Chinaman into glory, was ordered to be released. aborigines Ix'imr, a2n and Later this class of legisiation was from the statute books, and a aman was allowed to testify, but and juries reserved the privilege 10t belleving him. The Chinese are ‘cunning as well as 4, and they entirely appreciate the . points of a lawsuit. 1 have had, » of my practice, a few Chi- but none do I bear in mind nore coo! d collected .than Bam He was a hi ‘inder, a fantan fist and gun fighter and an man. He was ac- Celestial of assault commit murder, and I nese clients, s employed to defend the ace The prosc:.-~i=n~ witness was a lit weazened old Chinam. who compre- hended no E and testified through an interpreter d the wit- ness stand with ne features and his arm in a slin~ m the effects of a wound inflicted my client. From what Sam Lea 1 1 told me I had little hope of securing his acquittal, un- less 1 could break down or exclude t! tes: v of the prosecuting witness. s laudable end in view I asked of the Justice the privilege of examin- he witness on his veoir dire. His did rot kn.w exactly what a lire wa T was persona grata he blandly granted * s2id I to the Inter- rstands the nature of vernacular into transformed Eng- n Chinese, jabbered d the reply and responded, say he sabe.” 11, if he understands the nature h, let him explain it.” terpreter jabbered and ss responded in Chinese. e tell lie Melican te’s plison and by 4 \\l.vr. he go die he go stlaight witness responded with more of before and pointed his ¥y client, Sam Lee, ith a face like a and 25 if unconscious of he was inflicting upon “He say, suppose he n Judge send Sam Lee i the inte: ret n image th blow . replied e's he didn’t, because Sam Lee had witnesses who testified that the « Chinaman was the aggressor affray. in t When by the United States to condemn land at Pearl Harbor for fortifications was"before the the main issue was the value of the suit brought land taken, and this in turn de- ed upon its worth for agricultural purposes. The counse! for the owners of the land insisted that crops had been d upen it and offered as one wit- s a Chinaman who in former years sed and cultivated the land. The sed to admit the evidence, 3 he court and the jury has been on the land and we all know that ing will grow on it. If you want ve to the contrary you must do it white witnesses. I will not lis- ten to Chinese testimony on the sub- ject As appened, there were white witnesses and their evidence confirmed atement that a crop had been 1 the ) 4. ther occasion, when trying a bankruptey case in which one of the petitioning creditors was a C poration, the same Judge refu low the books of the corporation in evi- dence because they were kept in Chi- nese. “We are n * said he, ‘an American Territor: On still another occasion a Chinese building contractor living and doing business in Honolulu, and having many men in his employment, sent to China for a woman who had been betrothed to him s boyhood. According to Chinese custom and law. they were married in China before she departed, the bridegroom being represented by his mother. Arrived at Honolulu, the tion to China demanded under the pre- visions <! the exclusion act. A writ of habeas corpus was sued out and the release of the woman demanded aon the ground that she and her husband had been married in China by proxy, ac- cording to Chinese law, and that as the husband had a right to remain in the United States his wife had a right to Le here also. The District Attor- ney demanded the deportation of the man on the ground that the Chinese marriage was not a legal marriage, be- ise the bridegroom was at the time doing the grand in a distant land, 6000 ' He ciaimed that the nec- - pro verba was lacking. and that the marriage had ncver been consum- mated anyhow, because the bride since her arrival had cried all the enameél off her pretty little face in the seclusion of the cell in which the United States had incarcerated her. a..1 the bride- groom had not been permitted to.see her, except in the custody of three stalwart deputy United States Mar- shals. It was insisted in reply that a marriage good in the place where it was contracted is good anywhere; that the husband being lawfully here, had a right to have his wife with him, and that she could not be classed as a la- borer because she was a little-footed woman, and, therefore, incapable - of work of any kind. Hjs Honor was usually a kind-heart- ed and just man, but he naturally hated Chinese, and he glanced at the couple and continued the further hearing of the case until Monday. The Marshal informed the court that the Govern- ment had neglected to provide him with facilities for caring for ladies. That the limited jail accommodation was oc- cupied by sailors, sleeping two in a bed and two beds in a room, and he asked the coupt what he should do with ths woman. < “Do the best you can,” said his Honor in reply. “Probably you can obtain her guarters with some of her countrymen. See that you produce her here an Monday morning.” The Marshal was a sensible and kind-hearted man. He deputized a wealthy Chinaman to care for the lady at his home. This custodian did not deem it his duty to separate their guest from the gentleman to whom under Chinese laws she was united in holy matrimony. The next morning the couple, attended by their friends, cama to me for further consultation. They were advised to go to the proper office and obtain a marriage license, and on their return the Presbyterian minister was telegraphed for. On arrival the situation was explained. He was reluctant until his attention was called to the fact that every necessary con- stituent element of a' marriage already existed, except ‘the ‘sanction of the church, and that in the interest of pub- lic mo ty the ceremony should take place. Is a law office a proper place for this sort of thing said I, said he. . “Sire, in the language of Richelieu, “for justice all place a temple.” He yielded and joined those who were fairly well joined before, but he com- pleted the job. On Monday morning when the case was called the license to marry and the certificate of marriage were of- fered in evidence and the petitioner rested. And then there was a circus. His Honor roasted the Marshal for permitting the marriage and then he went for m Ie said in substance, though not in words, that out of con- sideration for my family and my gray hairs he would net imprison me and out of consideration for my empty pockets he would not fine me, but that I had been guilty of a grave contempt of court, deserving of the severest con- demnation, that my conduct was rep- rehensible and diszraceful and a lot of other things, and he ended by declar- ing that the evidence offered of a mar- ri in Honolulu would not be re- ceived and that the ceremony amount- ed to nothing. It was suggested his Honor that if the amounted to nothing then no harm had been done, and that the parties had as good a right to amuse them- selves ad interim by a marriage act as by playing solitaire or golf. The Judge to ceremany L. COLA YO VIONS AND he dacided that as the husband occa- sonally directed his workmen how to drive nails or hold paint brushes he was therefore a laborer within the meaning of the act of Congress; that the exclusion act only suffered Chinese merchants to come to this country; that every Chinaman who was not a merchant was a laborer and must be excluded. Under his decision a *“merchant” with a $15 stock of cheap cigars in the front room and & red hot game of fan- tan in the rear might bring his wife here and otherwise travel the “prim- rose path of dalliance,” but a building contractor with $50,000: capital, who employed a hundred men,inot being a merchant. was therefore a laborer, X LXY.C VYOS oy \MOMAS v Town and must tread the steep and thorny road of celibacy and consequently the bride must go back to China by the next steamer. On hearing this decision translated to woman was detained and her deporta- paid no attention to this reply. Then her the poor little woman gave a shriek e | “ b3 f By C. B. Lewis. OUNG Lucien Davlis, & Vo S I some more wriggling, but she didn't son of the village e - —————— say anything untll the mark was builder, had been !0 Is sickin’ him on the best she knows ought to be sent to jail, and I'll tell One day Luclen had business over Teached and the horse had been turned courting Tilly Spoon- how. I've got to see about this thing her so whenever I see her.” toward Liverpool, and as it was a around for a straight mile course to right awa When Lucien came home hé got a bright February day he asked grand- the bridge. Then she observed: er, daughter of the village miller, for six months or more when Grandma Whitbeck came on a visit. She was moth- er to Mrs. Davis, and although over 60 years old it was her boast that she could still make things Lucien was her favorite grand- and she made no secret of the fact that she had made her will in his favor. In her Western home she had heard that he was “keeping com- pany” with a girl, and that it would probably be a match, and that reason, more than any other, brought her East in midwinter. Grandma Whitbeck arrived in Sun- nyside at an unfortunate hour. The river running through the village was frozen two feet thick and was being used as a boulevard and race course by every villager who had a horse and cutter. There were some good horses and some drivers who were anxious to head the procession, and among the latter was Lucien Davis. It was a natural thing that Tilly Spooner should be with him as he drove, and that she should clap her hands in glee when the cutter crossed the line fifty feet ahead of the next best horse for ten miles around. Grandma happened to be crossing the bridge during one of the trials of speed and saw it all, and as she continued to gaze her jaw began to set. “The idea of it—the idea!” she mut- tered to herself. “My favorite grand- son has not only turned to hoss racin’, but that gal he is as good as engaged humn ck She did. She hadn’t got her bonnet off before she was sayin’ to her daugh- ter: “Sarah Davis, it seems as if Provi- dence had sent me here at this time. Do you know what Lucien is doin’ at this very minit?"” “He’s driving on the ice, I believe,” was the reply. “Drivin’! Why. he's hoss-racin’, that’s what he's doin'—goin’ up and down lickety-split, and that Spooner gal, about who you've all been writin® 8o much, is in the cutter with him and a-sickin’' him on! I stopped on the bridge and saw it all, and I'm goin’ to tell you right cut plain that I'm ashamed of you. I never’spected to live to see the day when you and James would see Lucien become a hoss-racer and a gambler and a mur- derer and’ never even advise him agin it.” “Come, come, mother,” chided the daughter. “They may be driving fast, and one horse may come out ahead of the other, but it’s not horse-racing. There are people driving on the ice who belong to the church. It's simply recreation. I was driving with Lu- cien myself yesterday and I enjoyed it immensely.” “Don’t talk to me, Sarah Davis. I know a hoss-race when I see one, and I know that hoss-racin’ leads to gam- blin® and murder. If folks around here think they can be Christlans and hoss-race at the same time let 'em go ahead, but I can tell 'em where they'll end up. I was in hopes I should take a likin’ to that Spoomer gal, but I never, never can. Any gal who will urge a young man on to his doom bad roasting from grandma. He tried to explain, but it was no go. Grand- ma had her opinion, and it was: “It ain’t a bit of use to waste your breath, Lucien. I'm disappointed in your father and mother and in you. ‘When I was here last you were split- tin’ wood and studyin’ your Sunday- school lesson all the time. When I come this time I find you hoss-racin’’ and on your way to State’s prison. feel it my duty to save you if I can, and I'm goin’ to try and think up a way to do it.” The idea was to propitiate grandma as much as possible, and yet Lucien did not cease to “hoss race” now and then, and to takz Tilly Spooner along as he had before. The family would like to have brought about an intro- duction between the girl and the old lady, but it was looked upon as .too risky. Little was said after the first two or three days, but grandma kept up a great thinking, with the result that one day, two weeks later, she slipped -out of the house and made a call at Spooner’s. - It was a call that lett its mark. She reproved Mrs. Spooner, wondered what sort of 2 man Mr. Spooner was, and wound up by calling Tilly an impertinent minx. Of course, there were results, and those results made at least two hearts ache. Lucien was informed in plain English that if he didn’t “drop that gal” he would be dropped out of grandma's will, and, though he refused to be bluffed, the : became strained. and- anything but. pleasant. It was - Tilly herself who solved the problem where others failed to see a glimmer of light. il ma to go along. She was glad to get out and see the country and she meant to take advantage of the occaslon to have a long, private talk with the young man. After a drive of two miles and ‘& halt at a farm house for a mo- ment, Lucien headed the horse back home, and before grandma knew where was the outfit was on the ice along ‘twenty others. fen, what does this meln"' she demanded. “It's our nearest way home. grand- ma. The horse started off at a good pace, but after a couple of minutes two or three others began to draw up to him. In five minutes Grandma Whitbeck be- gan to wriggle around. In six or seven /she became so nervous that she asked: “Lucien, what do them fellers back there want?"” “They want to pass me and crow over it,” he replied. Just then two of the cutters did pass, and the drivers looked back and grin- ned. Lucien held his horse down, how- ever, and he pretended not to mind it when he was passed by two or three others. “You see, I'm just out for a drive,” he explained to grandma. “Yes, I know. Could they pass you if you didn’t want 'em to?" “Hardly. I hate to be grinned at and crowed over, but I know it's wick- ed to speed horses.” “Yes, of course it is, but—" . Just then an old crowbait attached to & home-made sled came up and passed the cutter at a jog and the half dozen boys on the sled had some cut- ting remarks to make. Grandma did “Luclen, 1 don’t like to be made a laughing stock of.” ‘Nor I, either.” “Then, if any more crowbaits come up you might shake on the lines a leetle.” “But there are five or six men with good horses who will surely try to beat us.” “Then shake a lestle harder.” One of the good horses presently came pounding up behind, but Lucien seemed oblivious. “I sald shake the lines,” remarked grandma. The young man shook, but the horse still gained and others were heard coming §p. “Shake harder!” Lucien clucked, but he did not draw away from the danger. Grandma waited until the nose of a horse was level with her arm and then said: “Lucien - Davis, if you let me be laughed at you are no grandson of mine. Make your hoss git up and git.” Three seconds later she was riding at a 2:40 clip and holding on to her breath and bonnet, and three min- utes later the bridge was passed and she knew that she had led by a hun- dred feet. She hadn't a word to say on the way from the river to the house nor for half an hour after. Then she put her hand on Lucien’s shoulder and observed: “I guess things have changed since I was a gal. I guess that beatin’ the other hoss hain’t hoss racin’ or gam- blin’ or murder, and you'd better ‘bring Tilly Spooner over here to-night to hear me say so.” and, flinging her arms around her hus- band’s néck, ciung to him, sobbing and crying. Court adjourned, the day waned and the electric bulbs were il- lumined, but no myrmidon uf the law in that courtroom moved to separate them. I suggested that an apyeal might be taken from the decision apd that, pending the appeal, the Judge, who was really a kind-hearted man, and who was conscientious in his decision, might grant a stay of the order of de- portation. And then the husba:d for the first time gave utterance to his view of the case. said he, “I take no appeal. I flaid Amelican law, I flaid Amelican justice. I live here many years. I build great many houses. I buy plexty Melican goods. I pay evelyblody. I pay taxes. I no har. anybody. M/ wife splectable woman. She no laborer. She no take away Ilish soman’'s job. She harm nobedy. She lub :e. Same steamer bling her in cabin bling five Japanese bad women In steelage. Unit- ed States let them land. United States make no tlubble about them. But they take my wife and lock her up all same one thief. Now ‘hey send her away and blake her heart. All lightee. I leave my business with my flends to sell it out. I go back to-moller om steamer with my wife to China. Damn such a Judge, damn such a law, damn such a countr: —_————— Overworking Uncle Sam. The paternal assiduity of your Uncle Samuel is shown in the statement that the dead letter department is the most overburdened with work of any in the postal service. The recapituation shows that there were, in round figures, 10,000,000 care- less people In this country last year. Specifying, it tells of an increase of $50,000 over the year before. The book list makes a special heading necessary, as it amounts to 1000 lots, each containing many items, books in English and all for- eign languages, hundreds of the best selling novels of the last four or five years, many copies of Shakespeare and an inconceivable array of reli- glous subjects. Miscellaneous paper- backed novels in stacks are found. The Jjewelry list alone would stock a large store. There are hundreds of wedding rings, all kinds of timepieces, table and other silver- ware, secret society emblems ~and