Legal Opinion · Dissent

Chew Heong v. United States

Supreme Court of the United States

Decided December 8, 1884No. 1088Published

IN ERROR TO TIIE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE CALIFORNIA. Chew Heong, a Chinese laborer, arrived in the United States November 17,1880, remained in the country until June, 1881, departed then for Honolulu, where he remained until September, 1884, when he returned to the United States. During the period of his absence the Chinese restriction acts of May 6, 1882, 22 Stat. 58, and July 5, 1884, 23 Stat. 115, were enacted.

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IN ERROR TO TIIE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE CALIFORNIA. Chew Heong, a Chinese laborer, arrived in the United States November 17,1880, remained in the country until June, 1881, departed then for Honolulu, where he remained until September, 1884, when he returned to the United States. During the period of his absence the Chinese restriction acts of May 6, 1882, 22 Stat. 58, and July 5, 1884, 23 Stat. 115, were enacted. As he had no certificate as required by those acts, the authorities of the United States did not permit him to land. Being' detained upon the vessel…

1DissentJustice Field

I am unable to agree with my associates in their construction. *561of the act of May 6, 1882, as amended by the act of July 5, 1884, restricting the immigration into this country of Chinese laborers. That construction appears to me to be in conflict with the language of the act, and to require the elimination of entire clauses and the -interpolation of new ones. It renders nugatory whole provisions which were inserted with sedulous earn -The change thus produced in the operation of the act is justified on the Tib^iy thatTo -othe? eoustTOctibnwould bring it into conflict with the treaty; and that…

2Cases cited1 opinion

  1. Case of the Chinese MerchantUnited States Circuit Court · 1882

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