Melville Fuller

“ Does the section apply to Chinese merchants, already domiciled in the United States, who, having left the country for temporary purposes, animo revertendi, seek to re-enter it on their return to their business and their homes?
Nothing is better settled than that statutes should receive a sensible construction, such as will effectuate the legislative intention, and, if possible, so as to avoid an unjust or an absurd conclusion. ”

“ The United States statutes do not now nor have they ever required or provided for the issue of any certificate in this country to resident Chinese, other than laborers, who are about to depart temporarily, for business or pleasure, either to China or other foreign countries. There are many Chinese merchants in California who have been domiciled in the state from twenty to thirty-five years. Our own means of identification of such persons are greatly superior to those of any other country,-even that of their nativity. ”

“ We are of opinion that it was not intended that commercial domicile should be forfeited by temporary absence at the domicile of origin, nor that resident merchants should be subjected to loss of rights guarantied by treaty if they failed to produce from the domicile of origin that evidence which residence in the domicile of choice may have rendered it difficult if not impossible to obtain ”