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enue, for services performed under the provisions of this act, in addition to salaries now allowed Limit. by law, as he shall deem necessary, not ex

ceeding the sum of one dollar for each certificate issued.

Sec. 6 of the above act was amended by substitution by the act of November 3, 1893, which see.

The above act was what is known as "The Geary Bill," and required all Chinese laborers to register within one year, or before May 5, 1893. Although the number of Chinese persons required to register was believed to be 100,000 or over, only 13,243 registered under this act (Report of the Commissioner of Internal Revenue for 1893). The Chinese Six Companies of San Francisco, under whose auspices the Chinese have generally come to this country, and who retain and exercise great power over them, ordered them not to register, stating that they were advised that the act was unconstitutional, and that the Supreme Court would declare it so. After the time for registry under this act had expired, a Chinaman was arrested for non-compliance with its provisions, and an agreed case made up for the Supreme Court. The Supreme Court, in one of the most elaborate and important opinions ever delivered by it, in which it thoroughly discussed the whole question of the power of the general government over aliens, affirmed the constitutionality of this act. Fong Yue Ting v. United States, 149 U. S. 697.

The acts relating to Chinese exclusion, passed before the act of May 5, 1892 (which was the first act which imposed any duty on the Internal Revenue Department in connection with this subject), are as follows: An act to execute certain treaty stipulations relating to Chinese, approved May 6, 1882; an act to amend an act entitled "an act to execute certain treaty stipulations relating to Chinese," approved May 6, 1882, approved July 5, 1884; an act, a supplement to an act entitled "an act to execute certain treaty stipulations relating to Chinese," approved the sixth day of May, 1882, approved October 1, 1888.

There was an act approved September 13, 1888, on the

the discretion of the court.

persons not

laborers.

Secretary of the Treasury to make regulations.

And any Chinese person, Certificates for other than a Chinese laborer, having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge. SEC. 7. That immediately after the passage of this act the Secretary of the Treasury shall make such rules and regulations as may be necessary for the efficient execution of this act, and shall prescribe the necessary forms and furnish the necessary blanks to enable collectors of internal revenue to issue the certificates required hereby, and make such provisions that certificates may be procured in localities No charge for convenient to the applicants. Such certificertificate. cates shall be issued without charge to the applicant, and shall contain the name, age, local residence, and occupation of the applicant, and certificate. such other description of the applicant as shall be prescribed by the Secretary of the Treasury, and a duplicate thereof shall be filed in the office of the collector of internal revenue for the district within which such Chinaman makes application.

Contents of

Penalty for forging certificates, etc.

SEC. 8. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in such certificate, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, or imprisoned in the penitentiary for a term of not more than five years.

SEC. 9. The Secretary of the Treasury may authorFees for ser- ize the payment of such compensation in the

vices by col

lector.

nature of fees to the collectors of internal rev

enue, for services performed under the provisions of this act, in addition to salaries now allowed Limit. by law, as he shall deem necessary, not ex

ceeding the sum of one dollar for each certificate issued.

Sec. 6 of the above act was amended by substitution by the act of November 3, 1893, which see.

The above act was what is known as "The Geary Bill," and required all Chinese laborers to register within one year, or before May 5, 1893. Although the number of Chinese persons required to register was believed to be 100,000 or over, only 13,243 registered under this act (Report of the Commissioner of Internal Revenue for 1893). The Chinese Six Companies of San Francisco, under whose auspices the Chinese have generally come to this country, and who retain and exercise great power over them, ordered them not to register, stating that they were advised that the act was unconstitutional, and that the Supreme Court would declare it so. After the time for registry under this act had expired, a Chinaman was arrested for non-compliance with its provisions, and an agreed case made up for the Supreme Court. The Supreme Court, in one of the most elaborate and important opinions ever delivered by it, in which it thoroughly discussed the whole question of the power of the general government over aliens, affirmed the constitutionality of this act. Fong Yue Ting v. United States, 149 U. S. 697.

The acts relating to Chinese exclusion, passed before the act of May 5, 1892 (which was the first act which imposed any duty on the Internal Revenue Department in connection. with this subject), are as follows: An act to execute certain treaty stipulations relating to Chinese, approved May 6, 1882; an act to amend an act entitled " an act to execute certain treaty stipulations relating to Chinese," approved May 6, 1882, approved July 5, 1884; an act, a supplement to an act entitled "an act to execute certain treaty stipulations relating to Chinese," approved the sixth day of May, 1882, approved October 1, 1888.

There was an act approved September 13, 1888, on the

same subject, but being dependent upon the ratification of the then pending treaty with China, which treaty was not ratified, said act never went into effect.

66 THE MCCREARY BILL."

An act to amend an act entitled "an act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, approved November 3, 1893.

Amendment of
Sec. 6, act
May 5, 1892,

relative to is

suing certificates of resi

dence to Chi

nese laborers.

SEC. 1. That section six of an act entitled " an act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, is hereby amended so as to read as follows: "SEC. 6. And it shall be the duty of all Chinese laborers within the limits of the United States, who were entitled to remain in the United States before the passage of the act to which this is an amendment, to apply to the collector of internal revenue of their respective districts within six months after the passage of this act for a certificate of residence; and any Chinese laborer within the limits of the United States who shall neglect, fail, or refuse to comply with the provisions of this act and the act to which this is an amendment, or who, after the expiration of said six months, shall be found within the jurisdiction of the United States without such certificate of residence, shall be deemed and adjudged to be unlawfully within the United States, and may be arrested by any United States customs official, collector of internal revenue or his deputies, United States marshal or his deputies, and taken before a United States judge, whose duty it shall be to order that he be deported from the United States, as provided in this act and in the act to which this is an amendment, unless he shall establish clearly to the

satisfaction of said judge that by reason of accident, sickness, or other unavoidable cause he has been unable to procure his certificate, and to the satisfaction of said United States judge, and by at least one credible witness other than Chinese, that he was a resident of the United States on the fifth of May, eighteen hundred and ninety-two; and if, upon the hearing, it shall appear that he is so entitled to a certificate, it shall be granted upon his paying the cost. Should it appear that said Chinaman had procured a certificate which has been lost or destroyed, he shall be detained and judgment suspended a reasonable time to enable him to procure a duplicate from the officer granting it, and in such cases the cost of said arrest and trial shall be in the discretion of the court; and any Chinese person other than a Chinese laborer, having a right to be and remain in the United States, desiring such certificate as evidence of such right, may apply for and receive the same without charge; and that no proceedings for a violation of the provisions of said section six of said act of May fifth, eighteen hundred and ninety-two, as originally enacted, shall hereafter be instituted, and that all proceedings for said violation now pending are hereby discontinued:" Provided, That no Chinese person heretofore convicted in any court of the States No certificate or Territories or of the United States of a person confelony shall be permited to register under the felony. provisions of this act; but all such persons who are now subject to deportation for failure or refusal to comply with the act to which this is an amendment shall be deported from the United States as in said act and in this act provided, upon any appropriate proceedings now pending or which may be hereafter instituted.

to Chinese

victed of

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