Harlan F. Stone

“ The Circuit Court of Appeals thought that, since the statute was in execution of a treaty with China, which related only to the immigration of Chinese nationals, the provisions in section 6 for the certification of identity could have no application to persons of Chinese race who were nationals of other governments, and so concluded that certificates were required of governments other than China only in the case of Chinese nationals resident under those governments. ”

“ But by the Act of April 29, 1902, c. 641, § 1, 32 Stat. 176, 'all laws now in force * * * regulating the coming of Chinese persons, * * * into the United States, * * * are hereby, re-enacted, extended, and continued so far as the same are not inconsistent with treaty obligations, until otherwise provided by law.' By this statute the certificate provisions of section 6 of the amended Exclusion Act were continued indefinitely and, on the expiration in 1904 of the treaty of 1894, became the only law on that subject. ”

“ Chinese subjects departing from a port of China; and (b) Chinese persons (i. e., of the Chinese race) who may at the time be subjects of some foreign government other than China, and who may depart for the United States from the ports of such other foreign government. ”