44 FEDERAL REPORTER. ~
In re Guonem Moncan, alias Au Wm, and another. ,
(Uireuit Uourt, D. Oregon. October 27, 1882.)
1. Toucnmo AT A Pour or rum Unrrun Burns. V
A vessel touches at a port of the United States, within the meaning of section
8 of the act of May 6, 1882, to exclude Chinese laborers from the United States,
when she calls there for orders, or a cargo for a foreign port, and Chinese
laborers who are on board of l1er as passengers or crew, are not unlawfully in
V the country, contrary to said act, during her stay for such purpose.
2. Cnmesn Cnuws.
The act aforesaid does not apply to Chinese who enter a port of the United
States as seamen or members of the crew of a vessel arriving from a foreign
port with the intention of returning or proceeding to another foreign port in
the ordinary course of commerce and navigation; but if such Chinese leave the
vessel while in the American port, or do not depart with her, their presence in
the country becomes unlawful. V
8. Tun Dmcx or AN Atmnresu Vassar. rs Amnnrcsiv Tnnmronv.
A person on board of a vessel of the United States or any one or them is in
contemplation of law within the territory and jurisdiction of the United
States, and therefore a Chinese laborer who shipped on an American vessel at
London, prior to the passage of the act aforesaid, and continued on her until
her arrival in the United States, although after the expiration of the 90 days
next following the passage of said act, is entitled to reside therein.
James F. Watson, for the United States.
M. W. F echheimer, for defendants. ,
Dmnr, D. J. On October 25, 1882, Ah Kee and George Moncan,
alias Ah Wah, were brought before me on warrants issued by me
under section 12 of the act of May 6, 1882, "to execute certain treaty
stipulations relating to Chinese," upon the charge of being unlawfully
` within the United States, contrary to section 1 of said act. Upon
the hearing the following facts were established and admitted:
On February 18, 1882, Moncan joined the American ship Patrioian at Lon-
donas cook, and on March 9th signed the articles for a voyage thereon in that
capacity-to Cardiff, and from thence on a general trading and freightmg
` voyage, as the master might direct, not exceeding 24 months in duration, and
back to a port of discharge in Europe or the United Statesythat the vessel
went to Yokohama, Japan, where, on September 11th, in consequence of the
steward, Ah Sing, being discharged, Moncan was made steward, and Ah Kee
shipped as cook for a voyage to Astoria, Oregon, or for orders, and thence to
such ports as the master might direct, not exceeding 24 months in duration;
that on October 14th the Patrician entered the Columbia river, and arrived at
this port on October 24th, with Moncan and Ah Kee on boa1·d as steward and
cook, respectively, where they remained until removed upon the warrants
issued for their arrest. Both Moncan and Ah Kee are natives of China, and
were duly shipped before the American consuls of London and Yokohama,