Mr. Wharton to Mr. Tsui.

Sir: In further reply to the note of your legation of 5th ultimo, I have the honor to say that the governor of Montana has personally investigated the subject of the complaint touching certain alleged acts of oppression against Chinese subjects at Butte City in November last, and I inclose a copy of the pertinent part of his report. In the case of Fowler, which is believed to have been the particular occasion for the complaint which was made to you by the imperial consul-general at San Francisco, the record discloses that although the evidence in the case was conflicting the jury returned a verdict of guilty, and Fowler has been sentenced to the penitentiary for two years.

I trust that the report of the governor of Montana will be satisfactory to you as establishing that everything possible has been and is being done to afford Chinese subjects in Montana the full and equal protection of the law.

Accept, etc.,

William F. Wharton,
Acting Secretary.
[Inclosure.]

Governor Toole to Mr. Blaine.

Further replying to your note of the 8th instant, with inclosure from the chargé ad interim of China at Washington, specifying certain acts of oppression alleged to have been committed by the labor union of Butte City, in this State, upon his countrymen [Page 144] residing there, I have the honor to inform you that, accompanied and assisted by the attorney-general of Montana, I visited Butte City, and, pursuant to your request, have investigated the alleged acts of oppression referred to as having occurred in November, 1891.

My investigation was public and exhaustive, and revealed the following state of affairs:

In the month of April, 1891, the health officer’s report of Butte City disclosed the fact that 841 Chinamen were residing in that city. In November, 1891, a census taken by direction of one or more labor organizations showed that the Chinese population had increased to 1,750, who were engaged in various occupations at wages below the current prices for the same kind of labor performed by other persons and to the exclusion of other worthy people, whereupon the labor organizations of Butte City instituted a “boycott” against the Chinese, but did not in fact make the same operative until January 1, 1892, since which time it has been observed by the members of such labor organizations. The effect of this “boycott” is to withdraw from the Chinese residing there all patronage of members of the various unions, but in no instance has a labor union, directly or indirectly, used force or violence respecting these people. Nor can it be shown that in any assault committed upon the Chinese that the assailant was a member of a labor union. Whatever may be said of the propriety of “boycotting” by means of which people or a class of people voluntarily withdraw their patronage from others, I know of no law in this State to prevent it.

Not an instance was brought to my notice, nor do I believe that one can be found where force or violence was employed to enforce any demand of the unions.

It is fair to say in this connection that the Chinese are not the only persons who are the objects of “boycotts” at Butte City, but that sundry merchants and other persons, without regard to nationality, are embraced within it, and so published to the world.

It is doubtless true that isolated cases of assaults upon Chinamen have occurred at Butte within the last three months. The persons committing the assaults belong to the criminal classes and in nearly every instance were promptly arrested and punished. The court records show that during the present month four persons were tried, convicted, and sentenced for offenses committed against the persons and property of Chinese.

I am confident that the charge of extorting money from Chinese laundrymen by force and violence grew out of the arrest of one Arthur Fowler on January 16, 1892, who entered a laundry, demanded money, and in default of which, fired at the keeper, and beat him about the head with his pistol.

The most intelligent Chinaman whom I met in Butte, and who represented his countrymen in the investigation, told me that he knew of no other case where a similar demand was made, and that the consul-general at San Francisco who formulated the complaint had misunderstood the purport of the telegram sent him on the subject. Fowler has been in jail since his arrest, awaiting his trial at a regular term of court. He was, on the 18th instant, tried and convicted of the crime of assault with intent to kill and sentenced to the State penitentiary for two years. I will inclose a copy of the information, testimony, and judgment for your inspection as soon as the same can be procured. I know of no offense committed against the person or property of Chinese in that city where diligence has not been used to arrest the offenders.

The most recent case that has come to my attention is the burning of a Chinese laundry about ten days ago at Meaderville a few miles distant from Butte. Warrants for the arrest of the guilty parties were immediately put into the hands of the sheriff of the county, who has made and is making every endeavor to apprehend them, and in the event of a failure so to do, then I am assured that a special grand jury will be called, thereby affording ampler facilities to that end.

I inclose a letter from the sheriff of Silver Bow County, showing that no discrimination is made against Chinese in that county, but that they receive the same protection afforded other residents of the city and county.

Trusting that the foregoing report ruaybe satisfactory to the chargé ad interim of China at Washington and his countrymen,

I have, etc.,

Jas. K. Toole,
Governor of Montana.
[Page 145]

Sheriff Lloyd to Governor Toole.

Dear Sir: With reference to the protection afforded Chinese subjects in this city and county, I beg to make the following statement, to wit:

I have had and have at this date the following regularly-appointed deputies, stationed at the following points in this county:

H. Hankley at Silver Bow Junction; Charles Wedlake at Meaderville; S. Hall and W. E. Harris at Centerville and Walkerville; Deputies Ruddies Gillette and Collins at South Butte. I have also special deputies stationed at all railway (depots) entering this city and county. These deputies as above mentioned have all been instructed by me to arrest any and all persons found interfering with Chinamen in their lawful and usual avocations. And I have at the request of Chinese merchants appointed special deputies to protect China laundrymen against the unlawful acts of half-grown boys in throwing stones and snowballs. These specials have caused the arrest of several persons for such offenses, and in every instance the parties have been prosecuted, so that at this date very few complaints reach this office.

In short, I have endeavored to offer the same protection to the Chinese as to all other residents.

I am, etc.,

John E. Lloyd, Sheriff.