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SEC. 2. The words "laborer" or "laborers," wherever used in this act, or in the act to which "laborer." this is an amendment, shall be construed to mean both skilled and unskilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation.
The term "merchant," as employed herein and in the acts of which this is amendatory, shall "merchant." have the following meaning and none other: A merchant is a person engaged in buying and selling merchandise, at a fixed place of business, which business is conducted in his name, and who, during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is necessary in the conduct of his business as such merchant.
of Chinese mer
When an application is made by a Chinaman for entrance into the United States on the ground that he Proof required was formerly engaged in this country as a chant seeking merchant, he shall establish by the testimony United States. of two credible witnesses other than Chinese the fact that he conducted such business as hereinbefore defined for at least one year before his departure from the United States, and that during such year he was not engaged in the performance of any manual labor, except such as was necessary in the conduct of his business as such merchant, and in default of such proof shall be refused landing.
Order of de
Such order of deportation shall be executed by the United States marshal of the district within portation. which such order is made, and he shall execute the same with all convenient dispatch; and pend
ing the execution of such order such Chinese person shall remain in the custody of the United States marshal, and shall not be admitted to bail.
The certificate herein provided for shall contain the photograph of the applicant, together with Photographs his name, local residence, and occupation, certificates. and a copy of such certificate, with a duplicate of such photograph attached, shall be filed in the office of the United States collector of internal revenue of the district in which such Chinaman makes application.
Such photographs in duplicate shall be furnished by each applicant in such form as may be prescribed by the Secretary of the Treasury.
The above is the act known as "The McCreary Bill,” which was passed to supplement "The Geary Bill" and give the Chinese six months further time in which to register. It is believed that most if not all of the Chinese required to register under said act did so within the time limited. The number actually registered was 106,811.
The regulations framed to carry this act into effect are known as Int. Rev. Reg., Series 7, No. 18, Revised, November 25, 1893.
Under Sec. 2 it has been decided that any Chinese merchant, on proving prior residence, and that he was a member of a firm, and for one year prior to his departure for China was not engaged in the performance of any manual labor except such as was necessary in the conduct and management of his business as such merchant, can return to the United States, no matter whether he carries on business in his own name, or under a firm name of which his own forms a component part, or under a name which is a mere fictitious and fanciful designation. See decision of Circuit Court of Appeals, Ninth Circuit, in case of Lee Kan v. United States, delivered May 21, 1894.
TREATY BETWEEN UNITED STATES AND CHINA.
Emigration between the two countries prohibited for ten years.
Signed at Washington March 17, 1894;
Ratification advised by the Senate August 13, 1894;
Ratified by the Emperor of China in due form ;
Ratifications exchanged at Washington December 7, 1894;
WHEREAS, a convention between the United States of America and China, concerning the subject of emigration between those two countries, was concluded and signed by their respective plenipotentiaries at the city of Washington on the 17th day of March, one thousand eight hundred and ninety-four, which convention is word for word as follows:
WHEREAS, on the 17th day of November A. D. 1880, and of Kwanghsü the sixth year, tenth moon, fifteenth day, a treaty was concluded between the United States. and China for the purpose of regulating, limiting, or suspending the coming of Chinese laborers to, and their residence in, the United States;
AND WHEREAS, the government of China, in view of the antagonism and much deprecated and Preamble. serious disorders to which the presence of Chinese laborers has given rise in certain parts of the United States, desires to prohibit the emigration of such laborers from China to the United States;
AND WHEREAS, the two governments desire to coöperate in prohibiting such emigration, and to strengthen in other ways the bonds of friendship between the two countries;
AND WHEREAS, the two governments are desirous of
adopting reciprocal measures for the better protection of the citizens or subjects of each within the jurisdiction of the other;
Now, therefore, the President of the United States has appointed Walter Q. Gresham, Secretary of State of the United States, as his plenipotentiary, and His Imperial Majesty the Emperor of China has appointed Yang Yü, officer of the second rank, Sub-Director of the Court of Sacrificial Worship, and Envoy Extraor dinary and Minister Plenipotentiary to the United. States of America, as his plenipotentiary; and the said plenipotentiaries, having exhibited their respective full powers found to be in due and good form, have agreed upon the following articles :
ARTICLE 1. The high contracting parties agree that for a period of ten years, beginning with the coming of Chidate of the exchange of the ratifications of to United this convention, the coming, except under the conditions hereinafter specified, of Chinese laborers to the United States shall be absolutely prohibited.
ited for a pe
riod of ten
ART. 2. The preceding article shall not apply to the return to the United States of any regis- Return of Chitered Chinese laborer who has a lawful wife, to United child, or parent in the United States, or pro- certain condiperty therein of the value of one thousand tions. dollars, or debts of like amount due him and pending settlement. Nevertheless every such Chinese laborer shall, before leaving the United States, deposit, as a condition of his return, with the collector of customs of the district from which he departs, a full description in writing of his family, or property, or debts, as aforesaid, and shall be furnished by said collector with such certificate of his right to return under this treaty as
the laws of the United States may now or hereafter prescribe and not inconsistent with the provisions of this treaty; and should the written description aforesaid be proved to be false, the right of return turn must be thereunder, or of continued residence after
Right of re
exercised within one year from time of leaving United
return, shall in each case be forfeited.
such right of return to the United States shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where, by reason of sickness or other cause of disability beyond his control, such Chinese laborer shall be rendered unable sooner to return which facts shall be fully reported to the Chinese consul at the port of departure, and by him certified, to the satisfaction of the collector of the port at which such Chinese subject shall land in the United States. And no such Chinese laborer shall be permitted to enter the United States by land or sea without producing to the proper officer of the customs the return certificate herein required.
ART. 3. The provisions of this convention shall not affect the right at present enjoyed of of Chinese offi- Chinese subjects, being officials, teachers,
This treaty not
students, merchants, or travelers for curiosity
cials, teachers, students, merchants, or travelers for curiosity or
or pleasure, but not laborers, of coming to pleasure. the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States, they may produce a certificate from their government or the government where they last resided, viséd by the diplo matic or consular representative of the United States in the country or port whence they depart.