Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1901

Mr. Wu to Mr. Hill.

Chinese Legation,
Washington, July 6, 1901.

No. 207.]

Sir: It becomes my duty to lay before you the claim for damages of several hundred Chinese subjects resident in the city of Butte, Silverbow County, State of Montana, between the year 1886 and the present time.

These Chinese subjects were peaceable and law-abiding, having complied with all the laws respecting their registry, and were engaged in the lawful business of merchants, keepers of restaurants, farmers and gardeners, laundry men, cooks, servants, and laborers. On or about the year 1886 there was instituted a conspiracy or combination of several thousands of the citizens of the United States, resident in the said Silverbow County, Mont., confederated together in various labor associations, with the object of destroying the business of the Chinese subjects above described, depriving them of their occupations or employment, paralyzing their industry, and by threats and violence compelling them to abandon their homes and business and depart from said city and county.

It appears that this conspiracy or combination was at first confined to more or less peaceful methods of what is known as the “boycott,” whereby it was sought to prejudice the inhabitants of the city of Butte against the employment of Chinese subjects and to secure the discharge of those who were already in their employ. But as time passed and the wicked and unlawful object of the conspiracy was proving only partially successful, the conspirators became more bold and lawless in their demonstrations; by false and slanderous stories it was sought to inflame the public mind against the Chinese subjects; it became more difficult for the latter to maintain their lawful pursuits, and the secret murder of a number of Chinese occurred, the perpetration of which must be ascribed to the spirit of lawlessness and hatred created by this conspiracy.

The conduct of the conspirators became so violent that the Chinese subjects appealed to the police department of said city and county to protect them from the acts of lawlessness, and to secure to them the protection of their business and to extend to them such rights as by treaty and law were granted to subjects of other nations in said city. But the police did not and would not protect or endeavor to protect them; and so far from securing the protection guaranteed by treaty, the city council, under whose authority the police are appointed and act, in the year 1892, upon the request of the labor associations, indorsed and approved of the conspiracy, and thereby gave its official influence to the unlawful and violent proceedings.

This action of the city council increased the opposition to and damages suffered by the Chinese, and in 1893 they appealed through counsel to the governor of the State of Montana to interpose his higher authority and influence to secure to them the protection which had been guaranteed to them by treaty and by public law. The appeal was referred to the attorney-general of the State, who decided that the action of the city council was not unlawful, and in his opinion used such language of hatred and prejudice as I am forced to believe must be unusual in legal documents of the United States. No relief or interposition was obtained from the governor of the State, and the conspirators, assured of the sympathy of the local authorities, redoubled their lawless proceedings greatly to the damage of the business and pursuits of the Chinese subjects.

Finally, all other relief being closed to them by the inaction and lack of sympathy on the part of the authorities, these Chinese subjects, to the number of more than 200, through their counsel, applied in 1897 to the judge of the circuit court of the United States, petitioning that certain of the conspirators named should be brought into court to answer for their conduct, which was set forth in detail, and that the judge would take such action as he should find necessary and possible for the relief of the petitioners. Thereupon, the judge caused a full investigation to be made, and as a result thereof he directed a decree to be issued commanding and enjoining the conspirators named and all their confederates and coconspirators from further continuing or conspiring to injure or destroy the business of the Chinese subjects and to cease from all acts tending to maintain the conspiracy and boycott.

In this connection I desire to direct your attention to the following facts which were judicially determined by the United States court in said suit: That the Chinese subjects who were parties to the suit in court, to the number of over 200, were then (1897) and had been for eight years previous peacefully domiciled in Silverbow County conducting or desiring to conduct lawful business, and that they were entitled to the protection of the United States; that the defendants in the suit and certain other persons, residents of said county, to the number of more than 3,000, representing more than twenty unions or associations, banded together to organize and carry into execution “a willful and malicious conspiracy and combination” to deprive the Chinese residents “of the means of earning a livelihood, and thereby compel them to leave the said county;” that in execution of this conspiracy and combination an executive committee was appointed for the vigorous prosecution of the same, with power to raise money and employ men “to be a working force to commit the acts” of violence to be hereafter stated; that large sums of money were raised by forced subscriptions among business men and from the unions, and that a considerable force of men was so hired; that notices were published in the newspapers and posted throughout the city, and especially on the places of business of the Chinese subjects and on the houses of all persons employing Chinese, announcing that a boycott of the Chinese had been declared, and appealing to all citizens to cooperate in carrying it out; that they employed and caused a wagon to be driven through the city carrying a large transparency on which was painted repulsive caricatures of Chinese subjects, with a display notice of the boycott, and a gong sounding to attract attention; that the members of the conspiracy did willfully and maliciously go in numbers to the places of business of the Chinese merchants, stand upon and forcibly occupy the highway and sidewalks, and warn people about to become customers that these places were boycotted—that persons ought not to and must not patronize such places; that these conspirators did sometimes use force and compel the customers to leave such places of business, and that the result of such violent acts was to materially reduce the business of such merchants and make the same unprofitable; that in further execution of said conspiracy and combination the hotels and boarding houses of the city in which were employed Chinese cooks or servants were visited and notified that the Chinese servants must be discharged; persons were hired to willfully and maliciously go to such houses, stand upon and forcibly occupy the highway and sidewalk, and warn and threaten such persons as were about to enter that they must not patronize such houses; that a number of such boarding houses were kept by females; that when they declined to obey the orders of the conspirators, a wagon, with a transparency containing the name of the boarding house and the proprietress boycotted, was driven about the city with a gong sounding; that in almost all cases the women were forced to yield to the demand and discharge their Chinese servants, but in addition they were compelled to pay to the conspirators the money expended for the wagon and advertising, amounting in the case of one female to $45; that persons were employed by the conspirators to ascertain all the private and business houses in which Chinese were employed, and they were treated in a similar manner; that a boycott was placed upon the Silver Bow National Bank because its cashier employed a Chinese servant and its place of business was in a block in which a Chinese acted as janitor; the bank began to suffer by the withdrawal of depositors, and the boycott was only removed after a secret conference between its president and a committee of the conspirators; and that the effect of the acts of the conspirators, a part of which are above described, was to deprive many of the Chinese residents of work and the means of earning a livelihood, to materially reduce the business of the merchants and make the same unprofitable, and to break up the homes and drive away from Silverbow County 350 of such Chinese residents, being one-half of the number of those residing in said county, and that all of the Chinese residents would have been driven away but for the restraining influence of the injunction of the United States circuit court.

It is to be borne in mind that all these acts, growing out of what the court finds to be a “willful and malicious conspiracy,” were committed openly, with the full knowledge of the police, the city and the State authorities, and without a single effort on their part to restrain the lawlessness, as will be seen by reference to the finding No. 27 of the record of said court.

The petitioners whose claim for indemnity I herewith submit estimate the damages suffered to amount to $500,000. They recognize the good effect of the injunction of the United States court, but represent that the conspirators, while ceasing from open acts of violence, are still seeking to execute their conspiracy by clandestine means. It further appears that the persons who have inflicted the damages are insolvent, even if it were possible to successfully accuse them before the courts, which in the present state of local public sentiment would be impossible. Neither can any remedy be found by proceedings against the city or county authorities who have willfully allowed these damages to be inflicted.

The only remedy to be found for my injured countrymen is to resort to the Government of the United States to make good its treaty stipulations. I therefore appeal to you, and through you to the honored and upright President, to take such steps as will fully indemnify the Chinese subjects of Silver Bow County, Mont., for the pecuniary losses and injuries they have sustained, and such as will hereafter secure to them the full enjoyment of their rights as peaceful and law-abiding residents.

I transmit herewith the petition of the Chinese subjects setting forth their grievances and losses, and to this are attached the complaint before the United States circuit court, the action of the city council of Butte City and the governor of the State of Montana, the findings of facts, and the injunction of the United States court.

Accept, etc.,

Wu Ting-fang.

[Inclosure.]

Butte, Mont., February 20, 1901.

To His Excellency Wu Ting-fang,
Chinese Minister, Washington, D. C.

Sir: I have to-day mailed you a certified copy of the record, including the testimony in the case of Hum Fay et al. v. Frank Baldwin et al., being a case involving a boycott of the Chinese residents of the city of Butte and county of Silver Bow, State of Montana. This record includes a copy of the decree rendered by the United States circuit court for the district of Montana, restraining and enjoining the defendants from further boycotting said Chinese residents of said Butte City and Silver Bow County. Among the findings is one to the effect that the duly constituted authorities of said city of Butte and county of Silver Bow, and also of the State of Montana, neglected and refused to enforce the laws and ordinances in force at the time in behalf of said Chinese residents, to the great injury and damage of said Chinese residents.

The undersigned most respectfully request that you will present a claim to the United States Government, as in the memorial heretofore sent to you, praying that they be awarded an adequate amount of compensation for the damages they have received. Our counsel, Col. W. F. Saunders, will call upon you shortly with reference to this matter, and give you such further information in the premises as may be necessary.

Thanking you in advance for an early reply, we beg to remain, etc.,

• Quon Long Chung.
• Wah Shung Lung.
• Quong Tuck Wing.
• Bow Shang Tong.
• Wui Heong Low.
• Kim Chong Tai.
• Wah Chong Tai.
• Shang Hai.
• Nee Wah Lung.

To His Excellency Wu Ting-fang,
Envoy Extraordinary and Minister Plenipotentiary from the Empire and Government of China to the United States of America.

Sir: The undersigned are a committee representing the Chinese denizens from 1886 to 1897 in Silver Bow County and Butte City, Mont., and some of whom, to the number of 226, with plaintiffs, joined in a certain action hereinafter referred to, and they in behalf of their fellow-countrymen, wronged and damaged by the action hereafter described, humbly and respectfully petition your excellency to take such action and institute such proceedings as will result in securing to your petitioners pecuniary compensation for the wrongs and injuries hereinafter recited.

And your petitioners represent that they are persons of Chinese descent and natives and subjects of the Empire of China, who during the period above mentioned were domiciled in said Silver Bow County, State of Montana, and in all respects were complying with the laws of the United States, authorizing and permitting them to remain as denizens of the said United States and entitling them to all the rights and privileges of citizens of the most-favored nations; and they were conducting divers and sundry industries in said county and State to the great advantage of said community and profit to themselves.

And your petitioners say that while they were engaged in the peaceable and orderly conduct of their divers and several industries as aforesaid certain citizens of the United States, resident in said Butte City, did wickedly and maliciously conspire against your petitioners and their fellow-countrymen, denizens as aforesaid, with the intent and for the purpose of destroying all their industries and preventing them from securing any reward for the labors in which they were engaged, and to compel them to leave the said city, county, and State.

That such conspirators, numbering several thousand citizens of the United States, having been organized into unions or associations, successfully and secretly did institute against all the Chinese subjects in said Silver Bow County, including your petitioners, a boycott, by means whereof they designed and intended to prevent your petitioners and their countrymen, in said Silver Bow County, from conducting any business whatever, whereby they would be deprived of a livelihood and would be compelled to emigrate to some other country; and your petitioners say that many of them were without means and were dependent upon their daily labor for the necessaries of life.

That when said unions or associations had been formed as aforesaid and had entered upon said boycott they proceeded to inflame the minds of people of other races than ours against your petitioners and their countrymen and to excite animosity against them by libels, slanders, abuse, and all the processes of mischief which they could set in motion; that to this end they assumed to forbid any citizen of the United States or person other than of Chinese descent from patronizing your petitioners or their countrymen or any of them therein or from employing them in any industry whatever, and to this end did threaten our customers with a like boycott in case they should disregard the commands of said conspirators. To the end that they might be protected against such unlawful actions, your petitioners and other Chinese subjects resident thereat applied to the police department of said city and county, which is charged by law with the protection of individual rights and the maintenance of public order, to prevent the said boycott so far as it assumed the form of lawlessness and to secure to your petitioners such rights as by treaty and law were granted to subjects of other nations in said county and State.

But the police did not and would not so protect or endeavor to protect your petitioners, and so it was that the said unions and associations, being the conspirators aforesaid, by a resolution adopted by them, requested the council of the said city of Butte, in which your petitioners did most dwell, to assist them in their unlawful practices so as aforesaid contemplated and set in motion, and said city council, which is the legislative department of the said city of Butte, did indorse and approve said movement, and by its actions consented to assist and did assist the conspirators aforesaid in their design and purpose so as above manifested, and failing therein, after long-continued endeavor, your petitioners applied to the officers of the said county, charged by law with the maintenance of public order, and asked them to assist your petitioners in protecting their said rights, but so it was that the said officers did neglect and refuse so to do.

That thereupon your petitioners, or some of them, called the attention of the authorities of the State of Montana, to wit, the governor thereof, to the conspiracy and boycott aforesaid, with the statement that the same was in derogation of the treaty rights of your petitioners, and requesting protection therefrom, but so it was that the said governor, referring the said statement and request to the attorney-general of the State as to his opinion thereon, said attorney-general did maintain that the said conspiracy and boycott, and consequently pecuniary damage, were not in derogation of the rights of your petitioners, and thereupon, being so advised as to his duty, the chief executive of the State, charged by her constitution to see that the laws were faithfully executed, neglected to protect your petitioners against the actions of the conspirators aforesaid.

And your petitioners do further represent that said conspiracy and boycott existed long prior to 1886, and does since exist, to the great damage of your petitioners and those they represent, and their countrymen, natives, and subjects of the Chinese Empire, and chat it does yet continue, to the great and continuing damage of all Chinese whose domicile is in said Silver Bow County.

And the passions and prejudices of the more ignorant citizens of the said community are and have been so excited as that the Chinese have been deprived of the means of making a living and in a number of instances native Chinese subjects have been killed by the citizens of the United States in consequence of the conspiracy aforesaid.

And your petitioners do further say that they have been damaged by reason of unlawful acts so as aforesaid committed in being, deprived of their labor and business as aforesaid in the sum of $500,000 and more, and that large numbers of their countrymen, subjects and natives of the Empire of China, whose domicile was in said Butte at the time of the commencement of said boycott, were by reason thereof driven from said city and county and compelled to seek a living elsewhere, to their great pecuniary injury, loss, and damage.

And your petitioners say that, having been subjected to the injury and contumely aforesaid and the loss and damage consequent thereon, they commenced a certain action in the circuit court of the United States to enjoin and prevent the said unlawful acts of the said conspirators, and that with expense and labor they did finally procure an injunction whereby the unlawful and coarser forms of said conspirators were enjoined and restrained, but the same still clandestinely continues to the great injury of your petitioners.

Your petitioners attach hereto and mark as “Exhibit A” their bill of complaint in the action aforesaid, which in form and substance they affirm is true. They also attach the order whereby certain other Chinese subjects, residents in Silver Bow County, were admitted as complainants in said action.

They also attach hereto and mark as Exhibit B the correspondence between the governor and the attorney-general of the State of Montana, touching the said boycott and the executive duty of repressing the same.

They also attach hereto and mark as Exhibit C the findings of the examiner in chancery, appointed for that purpose by said court, of the facts found by him touching the said boycott.

They also attach hereto and mark as Exhibit D the findings of the court, confirming with immaterial modifications the said findings.

They also attach hereto and mark as Exhibit E the order of the court for a “permanent injunction in said case.

They also attach hereto and mark as Exhibit F the injunction issued in said action.

They also accompany these papers with the testimony in said action taken before said examiner.

And your petitioners say that during the continuance of said boycott they suffered great damage in their estate and persons and that the defendants in said action as well as the other persons joining in said conspiracy against whom proof could be obtained were then citizens of the United States, owing to it allegiance, obedience, and fidelity, and are and were practically insolvent, and that for the loss and damage by your petitioners suffered there is no remedy at law or otherwise than through diplomatic channels.

Your petitioners do further say that they are ready at all times and before any tribunal thereto authorized to maintain by competent proof the facts stated in this petition.

Wherefore your petitioners pray that for all the wrongs aforesaid done to the Empire of China by said citizens of the United States to their persons and estate, including the homicides aforesaid, your excellency may be instructed to demand of the Government of this country adequate remuneration, and it may be recommended that His Imperial Majesty may direct that the same be paid to us, that we may be reimbursed for the damages we have suffered in the premises for these violations of the treaty obligations of the United States of America. And as in duty bound your petitioners will ever pray.

We are, etc.,

• Hum Fay, Quong Loy, Hure Pock, Kim Chong Tai, Wah Shung Lung, Wang Hong Gow, Quon Long Chung, Don S. Len, Bow Shang Tong, Tung Tuck, Wong Fun, Wah Chong Tai, Kong Sing Fong, Chun Chew, Chum Choy, Chin Him Tong, Quong Tuck Wing, Wong Tai Shang, Tuck Kim, Tung Yee Chan, Shang Hai, Yee Wo, Deer Yick.
• W. F. Sanders,
• J. U. Sanders,
• L. P. Sanders,
  Solicitors for Petitioners.

Exhibit A.

In the circuit court of the United States, ninth circuit, district of Montana.

Hum Fay, Deer Yick, Hum Tong, and Hure Pock, complainants,	}
v.
Frank Baldwin, Griffith E. Taylor, George More-hart, George E. B. Walters, P. H. Burns, Ed. Marchand, H. G. Morgan, M. J. Geiger, Louis Schaffer, Harry La Galla, Charles Slayton, J. W. Huffman, George W. Morgan, Frank P. Weldon, Fred Whatley, Albin A. Sandahl, Robert E. Taylor, J. H. Free, W. R. Martin, W. H. Eddy, and John Doe and Richard Doe, whose real names are unknown, defendants.

Bill of complaint.

Now come your orators Hum Fay, Deer Yick, Hum Tong, and Hure Pock, who sue for themselves and all other subjects and natives of the Empire of China, and who are of Chinese descent, and who are conducting or desire to conduct and but for the unlawful acts of the defendants hereinafter alleged and set forth would conduct business in the county of Silverbow, State of Montana, and who desire to join herein, and who are all alien inhabitants of the said State of Montana, and complaining of the defendants Frank Baldwin, Griffith W. Taylor, George Morehart, George B. Walters, P. H. Burns, Pat Kane, Ed. Marchand, H. C. Morgan, M. J. Geiger, Louis Schaffer, Harry La Galla, Charles Slayton, J. W. Huffman, George W. Morgan, Frank E. Weldon, Fred Whatley, Albin A. Sandahl, Robert E. Taylor, J. H. Free, W. R. Martin, W. H. Eddy, and John Doe and Richard Roe, whose real names are unknown to the plaintiffs, and all others who combined and confederated together and are perpetrating and assisting in the perpetration and threaten to continue the perpetration of the wrongs hereinafter described, and say that they, the said defendants, are citizens and residents of Montana, and your orators and each of them are of Chinese descent, and are natives and subjects of the Empire of China, domiciled in Silverbow County, Mont., and that there are of such Chinese subjects domiciled in said county engaged in conducting lawful business in said county of Silverbow, or desiring so to conduct such business, and but for the unlawful acts of the defendants hereinafter alleged would conduct such business therein, and who desire to join in this prosecution three hundred or more alien Chinese, who each have a common and general interest in redressing the wrongs herein complained of and in preventing and enjoining the same, but whom it is impracticable to bring before this court as orators in this case, and for whom your orators sue as well as for themselves, and your orators say that they and the said parties for whom they sue, are and have been residents of Butte, in said county of Silverbow, for more than one year last past, and they say that the said Hum Fay, Deer Yick, and Hum Tong are, and since the 1st of April, 1896, have been doing business in said Silverbow County, Mont., in the buying and selling of Chinese and Japanese fancy goods, and in the maintenance and carrying on the business of conducting a restaurant in the city of Butte, in said county of Silverbow and State of Montana; and they are entitled by the laws of the United States and the treaties between the said Empire of China and the United States to reside in said county of Silverbow, and to conduct and carry on for a profit their business aforesaid at Butte and elsewhere, and they and each of them have complied with the provisions of the law of the United States entitled “An act to execute certain treaty stipulations relating to Chinese,” approved May 6, 1892, and have obtained from the proper officer the certificate in said act provided.

And your orators complain and say that they have been domiciled within the territory of the United States for the twenty years last past, and now reside in the district of Montana.

And your orators do further say that they are by law and treaties entitled to all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most-favored nations, and to conduct their said business without let or hindrance from the said defendants, their aiders, abettors, confederates, or coconspirators, or either or any of them, and are entitled to the equal protection of the laws of the United States, and that the public faith of the United States is pledged to protect your orators and all others in like condition, nativity, and descent from the ill treatment and wrongs hereinafter alleged to have been perpetrated by the said defendants, their aiders, abettors, and confederates, and are entitled to the equal protection of the laws of the United States and of the State of Montana.

And your orators say that, so being subjects of the Chinese Empire domiciled as aliens of the United States and residing in said Silverbow County, on or about the 1st day of April, 1896, the said Hum Fay, Deer Yick, and Hum Tong, as they well might, pursuant to the privileges so secured to them by treaty and law, at Butte, in said Silverbow County, did proceed to carry on the business of buying and selling for a profit Chinese and Japanese goods and of keeping a restaurant for customers for profit at No. 37 West Park street, in the city of Butte aforesaid, in the county of Silverbow, which said business they were able to conduct for a period of time without let or hindrance from the said defendants or any of them, and at great profits to your said orators aforesaid. But so it was, as your said orators are informed and verily believe, that the said defendants, with the intent and for the purpose of preventing the said Hum Fay, Deer Yick, and Hum Tong from conducting the said business successfully and from securing any custom or customers therefor, and from making any profit thereat, and with the intent and for the purpose of intimidating the patrons of the said owners of said restaurant in their said business, and thereby preventing them from patronizing said business and to break up the business of the owners of said store and restaurant, and compel them to leave the said county of Silverbow, did, on or about the 1st day of October, 1896, willfully and maliciously combine, confederate, and conspire together, and with other persons in large numbers to your orators unknown, and to the number of three or four hundred, all actuated by a like purpose, designed to deprive all Chinese aliens residents at said county of Silverbow of the privilege of doing business therein and of the equal protection of the laws and of equal privileges and immunities under the laws, and to deny them the rights and privileges secured to them by the laws and treaties of the United States.

And your orators do further say that the said Hure Pock, on the 1st day of April, 1896, and from that time forward until now, has conducted in the said city of Butte a store for the sale of Chinese and Japanese goods at great profit to himself, and has proceeded to carry on, and does yet carry on, said business; and your orators do further say that a large number of the alien Chinese above mentioned are engaged in the conduct of divers and sundry kinds of business in said Butte, to wit, the keeping of restaurants and providing food for individuals who should desire to eat thereat for a compensation to be paid by such customers, and divers and sundry of them carrying on the business of raising garden vegetables in said Silverbow County, and sundry and divers of such Chinese aliens as mentioned herein are engaged in the laundry business for profit, and were making large profits in and about the conduct of the various kinds of business so by them carried on as aforesaid in the said county of Silverbow.

And your orators do further say that there is a large number of Chinese alien residents of said Silverbow County who could and but for the wrongs hereinafter set forth and described would conduct and carry on divers and sundry enterprises and business in said county of Silverbow at a great profit to themselves; but so it is that the said defendants, their aiders, abettors, confederates, and conspirators, wickedly designing and intending to disregard the laws and treaties of the United States and the laws of the State of Montana, and to deny these Chinese aliens, residents aforesaid, the equal protection of the laws and equal privileges and immunities thereunder, and to break up the business in which they are engaged, and to deny to them the privileges of profitably conducting the same, and to prevent others of said alien Chinese residents from entering into that or any other business in said county of Silverbow for that purpose and with that intent, on or about the 1st day of October, 1896, did combine, conspire, and confederate together, and with divers and sundry other persons to your orators unknown, willfully and maliciously to deprive your orators and other Chinese alien residents of said Silverbow County of their rights so to conduct said business profitably, and, having so wickedly combined, conspired, and confederated together for that purpose, did, on the 1st day of October, 1896, at said Butte, maliciously and with force and arms go into the place of business of the said Hum Fay, Deer Yick, and Hum Tong, and did stand upon and occupy the highway in front thereof and the sidewalk thereat, and did there remain upon said walk and public way warning all persons who had patronized and were customers of the said Hum Fay, Deer Yick, and Hum Tong, or who were about to become their customers in and about their business aforesaid and for whom they were made, and but for the unlawful and malicious conspiracy and acts aforesaid would have made large sums of money, and did, in behalf of the various voluntary organizations herein described and named, advise, direct, and state to said persons that the said business and place of business aforesaid of the said owners was placed under a boycott, and that persons and customers aforesaid contemplating becoming customers and all persons ought not and should not and must not patronize the said business of the owners of said store and restaurant as aforesaid.

And your orators do further say that the said defendants, their aiders, abettors, and confederates as aforesaid, did then combine and conspire together, and did follow other customers of your orators with the malicious intent to deprive your orators of the right to the profitable business in said Silver Bow County, and warned and directed them not to patronize alien Chinese in any manner whatever, and did threaten customers of your orators and other alien Chinese, as aforesaid, that if they should continue to patronize such alien Chinese the said combination, confederation, and conspiracy will place such patrons under a boycott and thereby deprive them of the rights and privileges which they are entitled to enjoy under the laws; and thereby many of the customers of your orators and the other Chinese alien residents engaged in business in the said county of Silver Bow are terrified and prevented from patronizing your orators. And to the end that the said defendants, their aiders and abettors, may more efficiently and effectually destroy the business of your orators and the alien Chinese aforesaid, they have heretofore organized and are now maintaining divers and sundry combinations, confederations, and associations, known as assemblies, unions, brotherhoods, or some other names to your orators unknown, and said assemblies, brotherhoods, and unions, or other associations, have willfully and maliciously combined, conspired, and confederated together to continue and to perpetrate the wrongs aforesaid to your orators and other Chinese alien residents of Silver Bow County, and to destroy their business and to prevent them from engaging in legitimate business in said county, and from the privileges of earning a living and money as the result of their labors as aforesaid. And among the organizations so by said defendants, their aiders, abettors, and coconspirators organized and conducted there are the Workingman’s Union, the Carpenters’ Union, the Plumbers and Gas Fitters’ Union, the Tailors’ Union, the Bricklayers and Stone Masons’ Union, the Brewers’ Union, the Bakers’ Union, the Painters and Decorators’ Union, the Tin, Sheet Iron, and Cornice Workers’ Union, the Butchers’ Union, the Musicians’ Protective Union, the Molders’ Union, the Millwright and Pattern Makers’ Union, the Barbers’ Union, the W. R. Morley Assembly, the Meaderville Assembly, the Clerks’ Assembly, the Cooks’ Assembly, the Brotherhood of Switchmen, and the Amalgamated Association of Engineers, which organizations and assemblies organized to promote the welfare and interest of the various members thereof by lawful means aforesaid, by their members perverted into the combination and conspiracy aforesaid, whereby the business of your orators has been impaired, and if such combination shall succeed, this will be entirely destroyed.

And your orators do further say that the said defendants, their aiders and abettors as aforesaid, have from time to time since said 1st day of October, 1896, manufactured and do yet continue to manufacture, own, procure, and keep divers and sundry certain libelous banners, notices, transparencies, floats, pictures, paintings, mottoes, and signs conspicuously printed upon muslin or other material advertising that the Chinese of said county be boycotted and recommending that nobody shall patronize them, and warning all persons not to become customers of them, and which contain, among other things, pictures and cartoons of Chinese of a character and quality calculated and designed to hold all Chinese alien residents up to contempt and to excite the prejudice of the community against them, which said pictures being impressed upon cloth are put into conspicuous frames; and in fulfillment of the combination and conspiracy aforesaid, and with the intent and for the purpose of destroying the business of your orators and other alien Chinese residents, and of preventing others of like descent and nativity and nationality from entering upon said business, procure the same to be carried or drawn in wagons through the streets of the said city of Butte, to the end that the prejudice of the individuals composing that community may be excited, and that the ignorant or the wicked, if any such there shall be, shall by force and arms and otherwise destroy the business of your orators and the aliens of Chinese descent and nationality, and your orators be denied the privilege of conducting successful business therein.

And your orators do further say that for the purpose of ascertaining who the patrons of your orators and other Chinese persons are the said defendants, their coconspirators, confederates, aiders, and abettors, follow such Chinamen as they go to the homes of their customers upon errands of business with the view and intent to ascertain who said customers are, to the end that such custom may be destroyed, and to warn such customers not to patronize your orators or their countrymen engaged in business thereat.

And your orators do further say that the said defendants about the 1st day of January, 1897, undertook and agreed among themselves and with divers and sundry other persons to your orators unknown and with the various persons of the organizations aforesaid, that for the said purpose of keeping up and maintaining the said boycott they would contribute, and they did maliciously and unlawfully contribute money to spies and pay informers so as aforesaid engaged in perverting persons from patronizing your orators in and about their business and in carrying the said libelous banners, floats, notices, transparencies, pictures, paintings, mottoes, and signs printed as aforesaid, which are malicious defamations of your orators and all who are Chinese alien residents engaged in business in said county of Silver Bow, the real intention and design being to bring before the public the nativity of your orators and their countrymen and to expose your orators to public hatred and contempt; and by the procurement of the said defendants, their said aiders and abettors, said libelous and defamatory banners are drawn upon wagons or carried by individuals through the streets and in the sight of the said persons of Butte, and are yet being so carried and read by many thousands of people, many of whom are thereby prejudiced against your orators and others of like nativity and country.

And your orators do further say that from time to time the said defendants, their coconspirators, aiders, and abettors, do and did print, publish, and cause to be distributed in said Butte and elsewhere, dodgers, cards, and pamphlets advising the citizens and denizens of said county to boycott your orators and others and not to patronize them in and about the business in which they are engaged, and did also print the names of patrons of your orators and distributed them through said county, with the intent and for the purpose on the part of the said defendants, their aiders and abettors, of exposing such persons to hatred, ridicule, and persecution, and thereby terrify them into abandoning the patronage of your orators.

And your orators do further say that all the foregoing acts were done and performed by the said defendants, their aiders and abettors, wickedly, maliciously, and unlawfully, and are in contravention of the rights of your orators to pursue their lawful industry without let or hindrance from the said defendants or any other person, and without being subject to the conspiracies aforesaid, and wholly unrestrained, except by equal, just, and impartial laws. And your orators do say that by reason of the acts aforesaid they have suffered great damage in the sum of $500,000.

And your orators do further say that the said defendants are continuing and threaten to continue each and all of the unlawful acts aforesaid, and threaten to procure and also to perpetrate and assist in the perpetration of the same, and threaten to further continue to pay money from time to time, as it may be required, for the purpose of continuing the unlawful and malicious acts aforesaid, and have agreed to continue hereafter to pay money to procure a continuation thereof, and such other and further unlawful acts as in the judgment of the said defendants, their confederates and coconspirators, will be effectual to destroy the business in which the cocomplainants and all others of Chinese descent and nationality engaged in business in said county of Silver Bow, or propose hereafter to engage therein.

And your orators say that they do not know the names of the members of the several said unions, associations, assemblies, or organizations aforesaid, and can not obtain the same, but that said associations, assemblies, unions, brotherhoods, by delegates from each of said voluntary associations, have organized a trade and labor assembly, which said trade and labor assembly, in its own name and in the name of the foregoing organizations, is continuing to boycott, persecute, and harass, as aforesaid.

And your orators say that unless such conspiracies, confederations, and combinations were ordered and directed by the labor organizations aforesaid, and the said trades and labor assembly, and the said defendants, your orators would be permitted to enjoy their natural, essential, and inalienable rights, among which is the right of enjoying their liberty of acquiring possession and protecting their property, and seeking and obtaining their safety and happiness by the peaceful and untrammeled conduct of the lawful business in which they are engaged. And your orators do further say that there are in the said county of Silver Bow a large number of Chinese persons, alien residents therein, subjects of the Empire of China, engaged in the business of buying and selling merchandise thereat for a profit, and of keeping restaurants for profit, and are engaged in the business of making and selling clothing and raising garden vegetables for a profit, and other lawful occupations. But the combinations and conspiracies of the said defendants and others aforesaid is designed and intended by the said defendants and others to prevent your orators, and all others who are subjects and aliens of the Empire of China, from conducting their said business legitimately within the limits of said county of Silver Bow, and to intimidate and coerce the citizens of said county from patronizing your orators and the other natives and subjects of the Empire of China aforesaid, and they have succeeded in destroying most of the patronage heretofore enjoyed by your orators and the Chinese subjects aforementioned.

And your orators do further say that from the very nature of the damage and injury so as aforesaid perpetrated and incurred it is not possible to prove the amount thereof in an action at law, and that the recovery of such damages as are consequent thereon would involve a multiplicity of suits, and that if the said defendants and the other citizens combining and confederating with them shall be permitted to continue their unlawful and malicious acts aforesaid the injuries to your orators and the other natives and subjects of China residing in Silver Bow County will be irreparable, and that there is no adequate remedy at law for the redress of the wrongs so suffered.

And your orators do further say that the said defendants, their aiders, and abettors as aforesaid, are daily engaged in preventing by the unlawful means aforesaid, customers from patronizing the stores, restaurants, tailor shops, laundries, and ether places of business of your orators and the other Chinese residents aforesaid, conducted by the natives and subjects of China in the said county of Silver Bow, arid are daily causing your orators and other natives of China aforesaid to suffer great loss in and about their business in said county conducted.

And your orators do further say that the said defendants by reason of their identification with said divers and sundry organizations have great power and influence over the community in which your orators and their countrymen have been doing business, and are able thereby to incite the wicked and ignorant in said community to continue the perpetration of said wrongs to your orators and others, and that they intend so to incite the ignorant and wicked members of said community to continue their boycott so wickedly and unlawfully incited, inaugurated, and maintained, and to impair and render unprofitable the business in which your orators and others are now and have for the last ten months been engaged.

And your orators further say that the said defendants did from time to time themselves secretly meet and with their aiders and abettors advise and plan a continuation of the unlawful acts aforesaid by them or some of them, and they threaten so to continue to do.

And your orators do further say that the foregoing boycott and acts constituting the same are perpetrated by the said defendants and others wickedly, unlawfully, and maliciously in scorn of the public faith of the United States, which by treaty and law is so solemnly pledged to protect your orators and all other alien Chinese residents of the United States from the maltreatment hereinbefore alleged and described.

And your orators do further say that damages accruing to your orators by the said wrongs heretofore perpetrated by the said defendants exceeds the sum of $50,000, and unless restrained by the court the further injury hereafter to be perpetrated by a continuance of the said wrongs above set forth and threatened will exceed the sum of $2,000, and that the good will of their business so being conducted at Butte, in said county, would, by the cessation of said wrongs so threatened and being perpetrated, be increased more than $2,000.

And your orators do further say that all of the foregoing acts and doings are contrary to equity and good conscience and tend to the manifest injury of your orators in the premises and to the injury of all persons in like condition and circumstance, for as much as your orators can have no adequate remedy except in a court of equity, and to the end therefore that the defendants may, if they can, show why your orators should not have the relief hereby prayed and make a full disclosure and discovery of all the matters aforesaid and according to the best and utmost of their knowledge, remembrance, information and belief, full, true, direct, and perfect answers make to the matters hereinbefore stated and charged under oath, and answer under oath being hereby expressly waived, and that the said defendants, their agents, confederates, coconspirators, and all persons acting in the premises with them may be enjoined and restrained from any farther violation of your orator’s said rights, your orators pray that your honor may grant writ of injunction, issuing out of and under the seal of this honorable court, perpetually enjoining and restraining the said defendants, their clerks, agents, servants, workmen, and confederates from further combining or conspiring in the manner before mentioned and described to injure or destroy the business aforesaid of your orators, and from injuring or destroying the business of those certain natives and subjects of the Empire of China, resident in Silver Bow County, and conducting business therein, and from boycotting your orators or the natives and subjects of the Empire of China aforesaid so engaged in business in said county, and from advising, threatening, or coercing any person or persons intending to become patrons of your orators as aforesaid from so patronizing your orators and their countrymen as they shall incline or desire, and from causing to be carried through the streets of said Butte the said banners, floats, transparencies, and mottoes with the same or like libelous or defamatory pictures or mottoes thereon, and from remaining in the vicinity of the places of business of your orators or their countrymen so engaged in business in said Silver Bow County advising and notifying individuals not to patronize your orators or other citizens of Chinese nativity, descent, or citizenship, or threatening them in any manner if they so do; and they be further enjoined and restrained from in any way or manner contributing any money or moneys whatever to be by anybody used to injure the business of your orators or their countrymen in said county, or to cause said floats, banners, transparencies, mottoes, to be carried in the streets in the said town of Butte or county of Silver Bow; that the said floats, transparencies, mottoes, and other devices so unlawfully and maliciously used as aforesaid may be destroyed or delivered up to your orators for that purpose; and that a provisional or preliminary injunction be issued, restraining the said defendants, their clerks, attorneys, agents, workmen, and confederates as aforesaid, pending this cause, and for such other and further relief as the equity of the cause may require and to your honor may seem meet.

May it please your honor to grant unto your orators not only a writ of injunction conformable to the prayer of this bill, but also a subpoena of the United States of America directed to the said Frank Baldwin, Griffith E. Taylor, George Moreheart, George P. Walters, P. H. Burns, Pat Kane, Ed. Marsch, H. C. Morgan, M. J. Geiger, Louis Schaffer, Henry La Galla, Charles Slayton, J. W. Hoffman, George W. Morgan, Frank P. Welden, Fred Whatly, Albine A. Sandahl, Robert E. Taylor, J. H. Free, W. R. Martin, W. H. Eddy, and John Doe and Richard Roe, whose real names are unknown, commanding them on a certain day to appear and answer unto this complaint and to abide and perform such order and decree in the premises as to the court shall seem proper and required by the principles of equity and good conscience.

Sanders & Sanders,
Solicitors for Complainants and of Counsel.

W. F. Sanders,
Of Counsel for Complainants.

United States of America, District of Montana, ss:

On this the 13th day of April, 1897, before me personally appeared Huie Pock, one of the complainants above named, who, being by me duly sworn, deposes and says, that he has heard the foregoing bill of complaint read, and knows the contents thereof, and that the same is true to his own knowledge except as to the matters therein stated on information and belief, and as to these matters he believes it to be true.

Huie Pock.

Sworn and subscribed to before me this 13th day of April, 1897.

[seal.]

Lewis Penwell,
Notary Public in and for the County of Lewis and Clarke, State of Montana.

Exhibit B.

The State of Montana, Governor’s Office,
Helena, January 27, 1893.

Hon. Henri J. Haskell, Attorney-General, City.

Dear Sir: I hand you herewith papers from Hon. Thompson Campbell, of Butte City, which call attention to the fact that there has been such action taken by that municipal government which he thinks conflicts with “treaty obligations of the United States Government with that of China, and the subjects thereof residing and being within the United States under said treaty.”

You will please instruct this office what my duty is in the case under the constitution and laws of the State.

I am, with respect, yours, very truly,

J. E. Rickards, Governor.

February 21, 1893.

To His Excellency John E. Rickards, Governor of Montana.

Sir: Herewith we note the receipt of a communication from your department under date of January 23, 1893, inclosing papers from the Hon. Thompson Campbell, of Butte City, which in themselves call attention to the fact that there has been such action taken by the municipal government of the city of Butte, which in the opinion of Mr. Campbell conflicts with “the treaty obligations of the United States Government with that of China and the subjects thereof residing and being within the United States under said treaty.”

All of which has been submitted to this department with the request that we advise you as to your official duties in the case under the constitution and laws of the State.

The action of Mr. Campbell in submitting this matter to your department for your consideration is predicated upon two documents therewith inclosed, which for the purpose of review are noted as follows:

“Hall of the Silver Bow Trades and Labor Assembly,
“Butte, Mont., ——, 1892.

“To the Mayor and City Council of the City of Butte.

“Gentlemen: At a meeting of the Silver Bow Trades and Labor Assembly, held December 4, 1892, the undersigned were appointed a committee to wait upon your honorable body and to ask the assistance of the city government in labor’s strenuous endeavors to rid the city of the Chinese.

“For years, owing to the competition of the Chinese, a respectable living in any classes of labor in this city has been uncertain and precarious. Our laboring men can not live as cheaply as Chinamen, and therefore can not afford to work in competition with Chinamen. Considering it the duty of the city government to look after the welfare of its citizens, we are confident that the present city government, like its predecessors, will regard the interests of the white men, who are citizens, rather than the Chinamen, who are not citizens.

“The method in which we ask the city council to second our efforts to rid the city of the Chinamen is by discharging all the city employees who employ Chinese help directly or indirectly, or who in any way patronize Chinese labor.

“Respectfully submitted.

“Per order,

“Silver Bow Trades and Labor Assembly.

“Committee appointed by our body to submit this petition:

“James Brown.

“Thomas Matthews.

“Dan McCallum.

“W. H. Sweet.”

“Communication from the Silver Bow Trades and Labor Assembly, asking that all city employees patronizing Chinese be discharged, was, on motion of Paxson, referred to the judiciary committee.”

[“Extract from the report of the judiciary committee.]

“In the matter of the communication of the Trades and Labor Assembly referred to your committee, we beg leave to report that after having considered said communication your committee recommends that the heads of all departments of the city be requested by the council to use their best endeavors to induce all employees of the city, and that all employees be requested not to employ or patronize Chinamen, either directly or indirectly, during the term that they are in the employ of the city in any capacity. On the motion of Pascoe, the report was received and adopted.”

The first of these documents appears to be a communication which was prepared by a committee of the Silver Bow Trades and Labor Assembly of Butte, Mont., under the authority and direction of such Trades and Labor Assembly, and presented to the mayor and city council in the month of December, 1892, which communication was referred to the judiciary committee of said council, and thereafter the report of said committee being received by the council the same was adopted.

This matter so submitted to us presents for our consideration two propositions, the first of which is international and the second a State question and involving the violations of the stipulations or obligations of a treaty, and second the enforcement of the laws of the State of Montana to protect residents therein.

• First. Is the action of the city council of the city of Butte in contravention of any law of Congress or of any treaty stipulation or obligation of the United States Government with that of China, and the subjects thereof residing and being within the United States under said treaty?
• Second. Does this case present such a state of facts to your excellency, if true, as will warrant executive interference in the absence of any complaint on the part of the subjects of the Chinese Government who are residing within the jurisdiction of the State of Montana, or a demand for an inquiry by the Department of State of the General Government?

The first treaty of any note that was entered into between the General Government and China was one of peace, amity, and commerce between the United States of America and Ta Tsing Empire of China, concluded at Wang Hiya on July 3, 1844, and ratified by the President January 17, 1845.

One of the conditions of said treaty was to the effect “that there shall be a perfect, permanent, and universal peace and a sincere and cordial amity between the United States of America on one part and the Ta Tsing Empire on the other part and between their people respectively without exception of person or places.”

The object of said treaty was to open to the citizens of the United States five Chinese ports and permit the citizens of the United States to proceed at their pleasure with their vessels and merchandise to and from any foreign port to either of said five ports, and from either of said five ports to any other of them. At each of said five ports citizens of the United States lawfully engaged in commerce were permitted to import from their own or any other port in China and sell there and purchase therein, and export to their own or any other ports therein, all manner of merchandise of which the importation or exportation was not prohibited by said treaty. The former limitations of trade of foreign nations to certain persons appointed at Canton by the Government and commonly called Hong merchants was thereby abolished, and citizens of the United States engaged in the purchase or sale of imports or exports were by the article of said treaty admitted to trade with any and all subjects of China without distinction, and were not to be subject to any new limitations or impeded in their business by monopolies or other injurious restrictions.

At the place of entry of the vessels of the United States the citizens of the United States, merchants, seamen, or others sojourning there might pass and repass in the immediate neighborhood, but they could not at their pleasure make excursions into the country among the villages at large, nor could they repair to their public marts for the purpose of disposing of goods unlawfully and in fraud of the revenue.

All citizens of the United States in China peaceably attending to their affairs were placed on a common footing of amity and goodwill with subjects of China, and were entitled to receive and enjoy for themselves and everything appertaining to them the special protection of the local authorities of Government who were required to defend them from all insult or injury of any sort on the part of the Chinese.

If the citizens of the United States had special occasion to address any communication to the Chinese local officers or Government, they were required to submit the same to their consul or other officer to determine if the language was proper and respectful and the matter just and right, in which event the consul would transmit the same to the appropriate authority for their consideration and action in the premises, and if the controversy should arise between citizens of the United States and subjects of China which could not be amicably settled otherwise the same should be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction.

It was stipulated that the provisions of said treaty should not be altered without grave cause; but inasmuch as the circumstances of the several ports of China open to foreign commerce are different, experience may show that inconsiderable modifications are requisite in those parts which relate to commerce and navigation, in which case the two Governments will, at the expiration of twelve years from the date of said convention, treat amicably concerning the same by means of suitable persons appointed to conduct such negotiations.

In 1858, which was nearly thirteen years after the ratification of the first treaty with China and during the administration of President Buchanan, the two Governments adopted and renewed in a manner clear and positive by means of a treaty or general convention of peace, amity, and commerce, the rules which in future were to be mutually observed in the intercourse of their respective countries.

This treaty was substituted for the treaty of 1844, so far as it related to the identical subjects, and had effect of opening additional ports to commerce and permitted citizens of the United States with their families to trade therein and to proceed at their pleasure with their vessels and merchandise from any of said ports to any other of them.

Prior to the adoption of this last-named treaty the vessels of the United States have not been admitted to trade freely with the ports of China on an equal footing with the vessels of other countries; but this treaty had the effect to open to the United States all the ports of China which were at that time open to foreign commerce.

Following the rule laid down in article 34 of the treaty of 1844, which provided that additional articles might be made thereto every twelve years, the United States and the Ta Tsing Empire entered into articles additional to the treaty of 1858, which were ratified by the President in 1868, and which was known as the Burlingame treaty.

In the last-named treaty the Emperor of China was delegated with the right to appoint consuls at ports of the United States who should enjoy the same privileges and immunities as those which were enjoyed by public law and treaty in the United States by the consuls of Great Britain and Russia, or either of them.

This treaty by its articles recognized the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and immigration of citizens, respectively, from the one country to the other for the purposes of curiosity, of trade, or as permanent residents. It provided that citizens of the United States visiting or residing in China should enjoy the same privileges, immunities, or exemptions in respect of travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation, and reciprocally Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, or exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation, and reciprocally Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemption in respect to travel or residence as may there be enjoyed by the subjects or citizens of the most favored nation; but nothing therein contained should be held to confer naturalization upon citizens of the United States in China nor upon subjects of China in the United States.

It is further provided that Chinese subjects should enjoy all the privileges of educational institutions under the control of the Government of the United States which are enjoyed in the respective countries by the citizens or subjects of the most favored nations; and that Chinese subjects may freely establish and maintain schools within the United States at those places where foreigners are by treaty permitted to reside.

Under the provisions of the treaty of 1868, as well as those of former treaties, hordes of Chinese laborers, who were subjects of the Ta Tsing Government, took advantage of the plenary conditions and literally poured into the United States, and not until protest after protest had gone up from the people against this influx of immigration which endangered the good order of certain localities within its boundaries—namely, the Pacific coast States and Territories—did the Government of the United States, by its Congress, take legislative action thereon, and on May 6, 1892, passed what was called the Chinese exclusion act. The act provided that the coming of the Chinese laborers to the United States be, and the same is hereby, suspended after the passage of the act and until the expiration of ten years next thereafter.

Said act further provided that hereafter no State court or court of the United States shall admit Chinese to citizenship. This act was intended to prevent and did have the force and effect of preventing Chinese laborers from immigrating into the United States, and for its constitutionality depended upon the fact that it was a police regulation in this that the coming of Chinese laborers to this country endangered the good order of certain localities within the territory thereof. While this act exempted from its provisions all the Chinese laborers who were in the United States on the 17th day of November, 1880, as well as those who came to the same before the expiration of ninety days after the passage of said act, it was in itself, so far as the United States could speak through that body, a Congressional declaration that the subjects of Ta Tsing Empire and the Chinese are objectionable to the people of the United States.

The people of the United States spoke through their Congress, which was their sovereign power, and declared in plain and unmistakable language “that Chinese cheap labor, which had taken or obtained so firm a root in American soil, should be uprooted and transplanted into the soil of its nativity.” It was a declaration that the fittest should survive, and a further declaration that their presence in this country was prejudicial to and endangered the good order of certain localities within the territory thereof.

The act of Congress of 1882, and as amended by the act of 1884, was accepted, and must be understood as a proscription against the admission of Chinese subjects into the United States by land or water, and any Chinese person found unlawfully within the United States shall be caused to be removed therefrom to the country from whence he came at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be not lawfully entitled to be or remain in the United States.

The first step that was taken to protect free white labor against competition against Chinese cooly labor and discourage the immigration of Chinese into the United States was taken by the miners in the State of California in the years 1854 and 1855, and resulted in the passage of a law which fixed the rate of a foreign miner’s tax at $4 a month as to all foreigners “eligible to become citizens of the United States/’ and as to all foreigners “ineligible to become citizens of the United States,” increased it $2 a month for every successive year ad infinitum.

The agitation of this question which was so vital to the people continued, and their opposition thereto was made manifest by further legislation by the legislature of California, in 1858, by an act entitled “An act to prevent the further immigration of Chinese or Mongolians into this State.”

The subject-matter of this act is noted in the two sections following:

“On and after the first day of October, A. D. one thousand eight hundred and fifty-eight, any person or persons of Chinese or Mongolian races shall not be permitted to enter this State, or the land therein, or at any port thereof, and it shall be unlawful for any man or person, whether captain or commander or other person in charge of or interested in or employed on board of, or passenger upon, any vessel of any nature or description whatsoever, to knowingly allow or permit any Chinese or Mongolian on and after such time to enter any of the ports of this State, or land therein or at any place or places within the borders of this State; and any person or persons violating any of the provisions of this act shall be held and deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine in any sum not less than four hundred dollars nor more than six hundred dollars for each and every offence, or imprisonment in the county jail of the county in which the said offense was committed for a period of not less than three months nor more than one year, or by both such fine and imprisonment. Section 2. The landing of each and every Chinese or Mongolian person or persons shall be deemed and held as a distinct and separate offence, and punished accordingly.”

The legislature of California, influenced and urged on by the continued opposition of Americans to Chinese cooly labor, in 1862 passed an act entitled “An act to protect free white labor against competition and discourage the immigration of Chinese into the State of California.”

As early as 1848 the States of New York and Massachusetts, by and through their legislatures, enacted laws imposing a direct tax upon alien passengers, the former $1 on cabin and $1.50 on steerage passengers, and the latter a tax of $2 on each passenger, to be paid under both laws by the master, owner, or consignee of the ships.

Upon the ground that the power of tolerance or intolerance of foreigners is a question which should lie with the Federal Government, and act with the State governments, the courts held the tax unconstitutional, although Chief Justice Taney, in a case arising under the statute of New York, dissented from a majority of the court and contended that the power over persons was in the State and not in the Federal Government.

The advocates of the several measures disavowed the doctrine of State sovereignty, but asserted the States as independent in the management of their internal affairs; that in everything which contributed to their tranquility they are the managers; that in all police regulations they are supreme; that the State had an inalienable right to regulate all matters pertaining to its public morals, must have the right to exclude paupers, criminals, and dangerous persons, and that the exercise of this power and discretion rested nowhere else than in the legislature. (Prigg v. Penn., 16 Pet., 625; 5 How., 525; 14 Pet., 565; 11 Pet., 142.)

They stoutly maintain that the police of the ocean belong to Congress, and that the police of the land belong to the State. (Manning v. Clark, 5 How., 471.)

Unquestionably the power exists in the State absolutely to decide what is sufficient cause to forbid a continued residence within its borders, and those considerations may be municipal or economical—as for example, danger of pauperism, danger of health, danger to morals, danger to property, danger to public principles by revolutions and change of government, or danger to religion. (Passenger cases, 7 How., 443.)

The municipality of Butte being a component part of the State of Montana, and governed by the existing laws of this State, has a coordinate right with the State to enforce such rules and regulations which are not inconsistent with the constitution and laws of the State to protect such municipality from dangers of pauperism, danger to health, danger to morals, danger to property, or danger to religion.

The attorney for the Chinese company must concede:

(a) That the Chinese are not bona fide residents in any sense of the word; they will not even permit their bones to have sepulture in our soil.

(b) That this request by the trades and labor union of Butte, even if incorporated into a rule by the municipality of Butte, would not interfere with the “possession or enjoyment” of property by the Chinese or prevent them from engaging in common with American citizens resident therein.

(c) That such a rule does not conflict with the treaty obligations of the United States Government with that of China and the subjects thereof residing and being within the United States under said treaty.

That these two propositions are not mooted must be conceded. From the very fact that the customs and habits of the Chinese are such as negative the assumption that they are bona fide residents of this State and too that the laws of Montana permit foreigners to engage in trade upon an equal footing with the citizens thereof; and that this can not be regarded in any sense as an inhibition upon the right of the Chinese to engage in trade.

The treaties that have been entered into from time to time between the United States of America and Ta Tsing Empire show nothing more than that they were intended for the purpose of trade and commerce between the two countries and for maintaining permanent and universal peace between the people of those Governments respectively.

We present a brief epitome of the several articles of treaty:

The treaty of 1844 provided for the opening of five ports and permitted citizens of the United States with their families to reside and trade there. It provided that the United States might appoint consuls at these ports and restricted the trade to these places. Citizens of the United States were allowed to engage pilots for their vessels in entering said ports and to hire servants and clerks, seamen, and laborers; that no cargo could be discharged without permits from the superintendent of customs of the port. The tonnage duty on vessels belonging to the United States was required on their being permitted to enter. Duties on imports were required to be paid on the discharge of the goods and duties of export on the landing of the same, payable either in sycee silver or in foreign money at the rate of exchange as ascertained by the regulations then in force.

It provides how houses and places of business may be obtained, the hiring of sites for the inhabitants to construct houses and places of business, and also hospitals, churches, and cemeteries, and that the local authorities of the two Governments should select in concert the sites for the foregoing objects. The citizens of the United States were not permitted at their pleasure to make excursions into the country among the villages at large nor to repair to public marts for the purpose of disposing of their goods. In case any officer or citizen of the United States employed any citizen of China such employee was protected from prosecution on the part of the Chinese Government. It provides for the protection of dwellings or property when attacked by mobs, incendiaries, or other lawless persons.

In case of controversies arising between citizens of the United States and subjects of China, the same are to be examined and decided conformably to justice and equity by the public officers of the two nations acting in conjunction.

It provided that if merchant vessels of the United States were plundered by robbers or pirates in Chinese waters and the robbers could not be apprehended by reason of territory and numerous population of China, that the Chinese would not make indemnity for the goods lost.

It provided for the action on the part of the Chinese Government in case of vessels wrecked or stranded on the coast of China.

It provided for the mode and manner of correspondence not only in case where citizens of the United States desired to address the local officers of China, but in case of correspondence between the authorities or representatives of the respective Governments, and prohibited the interchange of presents between the two Governments.

It prohibited the citizens of the United States trading with any other ports of China that were not open to foreign commerce, and that in case of such violation they were not entitled to any countenance or protection from the United States. It negatived any construction of the treaty that would confer naturalization upon citizens of the United States in China, or upon subjects of China in the United States. The so-called Burlingame treaty is the only treaty in existence which purports to grant to subjects of the Ta Tsing Empire residing in the United States rights, privileges, and immunities coequal to those granted to the citizens of the United States residents of such Empire.

As to those privileges, the treaty provides that Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect of travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation.

This latter paragraph does not, as will be perceived, grant to subjects of the Chinese Empire residing in the United States the right to engage in trade and deal in lands and estates, and the holding of any office therein is practically inhibited by proscription of the rights of naturalization.

To asseverate that citizens of the United States under the articles of either treaty have the right to freely engage in trade in any portion of the Ta Tsing Empire, except such as are specifically enumerated in said articles, would be to contend for that which is not therein written. All that is not therein delegated is excluded therefrom for that such treaties are limitations of right rather than a delegation of prerogative. They carry with them the stamp of autocratic concessions on the one hand and monarchial reservations on the other.

That which was secured by American diplomacy has yielded us an inheritance of Mongolian vampirism, which has fastened itself upon every source of living common to American wage workers.

Because we think to remove this human barnacle by lawful and legitimate measure, we are met with the declaration that “such peaceful agencies are in violation of the said treaty obligation.”

These treaties of peace, amity, and commerce never contemplated that we should yield up to the subjects of the Chinese Empire every channel and means by which the American wage worker secures a livelihood for himself and family in order that his wealth might go to the former or that they might compete with him to the extent that the exercise of such privileges would be prejudicial to and endanger the good order of any locality within the United States.

This is not a retrospect of facts, dependent upon speculation or idle fancy, but a state of facts the existence of which is the nursery of crime and the parent of poverty. How best to preserve the rights of the wage workers of the country after their destruction through Mongolian labor is not the inquiry, but how to preserve them from such destruction.

In view of the above facts and the articles of said mentioned treaties we hold that the action of the city council of Butte was not in any manner or at all in conflict with the treaty obligations of the United States Government with that of China.

H. J. Haskell, Attorney-General.

Exhibit C.

In the circuit court of the United States, ninth circuit, district of Montana.

Hum Fay, Deer Yick, Hum Tong, and Huie Pock, complainants,	}
v.
Frank Baldwin, Griffith E. Taylor, George B. Walters, George Morehart, P. H. Burns, Ed. Marchand, H. S. Morgan, M. J. Geiger, Louis Schaffer, Harry La Galla, Charles Siaton, J. W. Huffman, George W. Morgan, Frank P. Weldon, Fred Whately, Albin A. Sandahl, Robert E. Taylor, J. H. Freer, W. R. Martin, W. H. Eddy, and John Doe and Richard Roe, whose real names are unknown, defendants.

To the Hon. Hiram Knowles,
Judge of the above-entitled court.

Sir: I have the honor to submit the report of my proceedings under the following order of the court:

“Pursuant to the written stipulation of the respective parties hereto filed herein, it is ordered that the evidence herein is referred to Henry N. Blake, esq., a master in chancery of this court, to ascertain and report to this court the facts established thereby; that he pass upon the objections to the evidence or any part thereof, and that he report his decision as to the competency, relevancy, and materiality of any objections thereto, as well as to the facts established by the competent proof in writing to this court, and that he give reasonable notice to the solicitors of the respective parties of the time and place of any hearing by him and hereunder.

“Hiram Knowles.”

I have passed upon the competency, relevancy, and materiality of the objections to the evidence which have been preserved in the record. Messrs. Sanders and Sanders, and Francis Brooke, esq., solicitors for the complainants, and Messrs. J. L. and M. L. Wines and John N. Kirk, esq., and George A. Clarke, esq., solicitors for the defendants, were given reasonable notice of the time and place of the hearings had by me under said order and appeared and were heard orally and submitted briefs. My rulings upon the objections of the evidence have been reduced to writing upon the pages where the same appear in the original report filed herein August 23, 1898. I have examined the evidence and rejected the portions thereof which were considered incompetent, irrelevant, and immaterial.

On consideration whereof, I have found there have been established, by competent proof, the following

findings of facts.

1. That the bill of complaint herein was filed April 14, 1897, by the complainants Hum Fay, Deer Yick, Hum Tong, and Huie Pock; and thereafter, upon the 7th day of April, 1898, the parties hereinafter named filed herein their petition of intervention, reference to which is hereby made for a full statement thereof, and joined said complainants in the prosecution of this section to secure the same relief, to wit: Wah Shung Lung, Tom Hing Jip, Tom Wah, Tom Hoi Quoi, Tom Huie Shorn, Tom Mun Hi, Tom Lick, Hum Young, Tom Hi Lip, Lang Gung Fon, Jung Hing Sing, Quon Hock Ben, Jung Mung Wy, Lou Quong, Chin Noy, Chin Thick, Chin Foo, Charley King, Woo Shoo, Ye Gung, Wong Long Ben, Chin Wing Shoy, Chin Sung, Chin Low, Quong Tuck Wing, Bow Shang Kong, Quong Fong, Quon Que Sing, Wong Ming, Quon High, Quon Hong, Quong Hing Huie, Lang Moy, Quon Long Quock, Quon Ying Quong, Quong Jung, Quon Hing Gee, Quon Shick Shung, Hum Kee, Hum Town, Tom One Lung, Tom Fling Ga, Tom Mon Chon, Young Tong, Ling Chee, Quong Chong Wa, Foo Kee, Wauh Die, Chin Yu Dong, Gum Chong Hi, Leo Baugh Yu, Quon Quack Hung, Leo Chung, Soo Mou, Lou Hong Ken, Lou Guch Yu, Lou Hock Num, Wau Kee, Chang Saw, Soo Ye King, Long Ben, Woo Lem, Mook Yick, Hop Lee, Jim Lee, Hing Jack, Jong Hong, Tom Que, Lee Mou, Tuoe Fon, Quon Yow, Tom Buck, Tom Fong, Tom Show, Tom Tong, Quon Hing Yow, Quon Kock Gow, Wong Foy You, Youn Quon, Jung Hock Jock, Chin Yun, Jung Ching, Lim Fon, Ye Sin Fu, Chin Jew, Chin Fun, Don Len, Ah Loy, Chin Ham Dong, Wah Chong Tai Co., Wong Hon, Lim Lee Lock, Chin Quon Hing, Pow Mng Tong, Wong Wauh Son, Che Lou Fou, Tom Quong, Lou Quon, Wong Jung, Woo Ling, Chin Toy, On Fook, Chin Toy Chin, Buck Yum, Quon Ah Yung, Quon Son Jake, Quon Dong Ben, Quon Quock Ben, Quon Ti Dick, Chung Ye Wah, Quon Sing Lee, Quon Wee, Jung Fung Poy, Lang Foo Lee, Quon Lee, Quong Jing, Quong Lung Chung, Quon Quagh Lung, Ong Du Fon, Quong Joe, Ong Tong Yong, Quon Kee, Quon Den, Quon Hock, Song Yen, Sing Lee, Lang Hing, Quon Keo, Tom Quon, Lee Faw, Quon Gwee Gwock, Quon Ming, Tom Gem, Tom Yen, Tom Ying, Tom Hock, Tom Chung, Tom Li, Toin Shorn, Tom Hing, Tom Quong, Tom Tong, Tom Huey, Tom Jim, Jung Sing Kee, Sam Young, Woo Sing You, Quon Ling Ging, Chung Quon, Ah Mun, Tom Young, Tom Quong, Tom Sing, Tun Dau, Tom Hung, Hum Wuh, Han Bor, Hum Kee, Hum Young, Hum Mun Yee, Jung Bing Ling, Jum Kun Wee, Quon Fook Loy, Soo Tong, Jung Hing, Soo Que, Jung Young, Jung Wing, Jung Fee, Hing Hum Hing, Lee Youn, Tom Chee, Tom Jong, Tom Hee, Tom Ying, Tom Yick, Tom Hong, Tom Fon, Tom Jim, Tom Woo, Tom Quock, Lee Sun, Tom Kin, Tom Hoo, Quon Chong, Quon Chong, Quon Sin, Quon Hem, Tom Toy, Tom Wing, Tom Wing Hee, Tok Fook Yen, Tom Lung, Tom Lee, Tom Sue, Wong Chung, Tong You Loy, Chung Yun, Ah Kee, Chung Yuck, Tom Sam Lee, Jen Ah Hem, Hum Tom, Woo Bauh, Jung Wot, Jung Yum, Jung Yen, Jung Dick Chum, Toy Ton, Toy Sing Chu, Toy Ling, Toy Yick Mou, Quon Yock, Tom Yea, Quon Sing, Quon Chea Sing, Lou Chin, Quon Egg, Quon Tong, Jong Wong, Yuen Tuck, Chu King, Kee Yock, Sam Yick, Jung Chu.

2. That the complainants who filed the original bill of complaint herein, and said parties who filed April 7, 1896, said petition of intervention, and are named in finding one hereof, were, at the time of the filing of the said original bill of complaint, and the said supplemental bill of complaint, and for a period of eight years prior thereto had been domiciled in said county of Silver Bow, State of Montana, and were conducting or desiring to conduct lawful business therein, to wit, keeping of stores for the sale of goods; keeping of restaurants and places providing food for a compensation; the raising of vegetables; and working for hire as cooks, servants, laborers, and laundry men; and that said complainants and parties are natives of Chinese descent, and were during the time specified, and are now, entitled to the protection which is accorded in the United States to subjects of the Empire of China.

3. That the above-named defendants, at the time specified in said original and supplemental bills of complaint herein, were citizens and residents of the said county of Silver Bow; and that the said George B. Walters departed this life since the commencement of this suit.

4. That the complainants, Hum Fay, Deer Yick, and Hum Tong, since the 1st day of April, 1896, have been and are now doing business in said county of Silver Bow in the buying and selling of Chinese and Japanese fancy goods and in the maintenance and carrying on of a restaurant at No. 37½ West Park street, in said city of Butte; and that the said complainant, Huie Pock, since the 1st day of April, 1896, has been and is now conducting, in said city of Butte, a store for the sale of Chinese and Japanese fancy goods.

5. That during the times in said bill of complaint mentioned there were and are now in the city of Butte organizations generally known as labor unions, associations, and assemblies; that the above-named defendants and their aiders and abettors, hereinafter mentioned, and more than three thousand residents of said county of Silver Bow were members thereof, according to their respective trades and occupations; that among those organizations were and are the Workingmen’s Union, the Carpenter’s Union, the Plumbers and Gas Fitters’ Union, the Tailors’ Union, the Bricklayers and Stonemasons’ Union, the Brewers’ Union, the Bakers’ Union, the Millmen and Smeltermen’s Union, the Tin, Sheet Iron, and Cornice Workers’ Union, the Butchers’ Union, the Molders’ Union, the Musicians’ Protective Union, the Millwright and Pattern Makers’ Union, the Barbers’ Union, the W. R. Morely Assembly, the Pioneer Assembly of the Knights of Labor, the Clerks’ Assembly, the Meaderville Assembly of the Knights of Labor, the Cooks and Waiters’ Union, the Brotherhood of Switchmen, and the Amalgamated Association of Engineers; and that each of said organizations elected, for a term of six months, delegates according to their membership to a body in said city of Butte designated the Silver Bow Trades and Labor Assembly.

6. That meetings for the transaction of business were held at stated times and places by said labor unions, associations, and assemblies, and the Silver Bow Trades and Labor Assembly; that the decisions and orders of the said Silver Bow Trades and Labor Assembly upon matters over which it assumed jurisdiction were recognized as final and binding upon the members of the organizations represented by such delegates, and were in force; that during the times in said bill of complaint specified, and the period of five years prior thereto, it was one of the obligations of said members to refrain from patronizing the Chinese and Japanese, and also all persons who patronized the Chinese and Japanese; that with these objects in view a boycott had been declared and was then in existence by said organizations and the Silver Bow Trades and Labor Assembly upon the said Chinese and Japanese and their patrons; that on or about the 1st day of November, 1896, and from that time until the issuance of the restraining order herein against the defendants, in the month of April, 1897, the acts hereinafter specified in these findings were committed by the defendants, who are mentioned in furtherance of a willful and malicious conspiracy and combination of said members of said organizations to render more effective the said obligations and boycott, and deprive the complainants and all persons in whose behalf the original and supplemental bills of complaint were filed of the means of earning a livelihood, and thereby compel them to leave the said city of Butte and the county of Silver Bow.

7. That during the time in the said original bill of complaint specified, the following general committee was organized in said city of Butte to devise ways and means for the vigorous prosecution of said boycott against the Chinese and Japanese in the sixth finding mentioned, by the collection of funds and the hiring of men to be a working force to commit the acts in these findings hereinafter specified, to wit:

Members of the Cooks and Waiters’ Union, the above-named defendants Frank Baldwin, Frank P. Weldon, and George W. Morgan; members of the Hotel and Restaurant Employer’s Association, the above-named defendants H. C. Morgan, W. R. Martin, and one J. A. S. Dougherty; and the proprietors of three steam laundries in said city of Butte, the defendants J. H. Free, owner of the Troy Laundry, Frank Hurlbut, owner of the Union Laundry, and Robert E. Taylor, acting for himself and his partner, the defendant Albion A. Sandahl, the owners of the C. O. D. Laundry; that said Frank Baldwin was the secretary thereof; that said joint committee was aided in its labors by the unions, associations, and assemblies in the fifth finding specified and said Silver Bow Trades and Labor Assembly; that the first working force consisted of the defendants George B. Walters, George Morehart, and one Patrick Kean; that the second working force was composed of the defendants, Louis Schaffer, Charles Slayton, and Frank Baldwin; that said persons constituted said working force and were hired by said joint committee and paid for their service from said funds; and that each of the defendants and persons who committed the acts in these findings mentioned conspired, combined, and confederated with the members of said joint committee and said labor unions, associations, and assemblies and the Silver Bow Trades and Labor Assembly to maintain said boycott upon the Chinese and Japanese and all persons patronizing them, until the complainants and the parties in whose behalf this action is prosecuted, should be driven from the said city of Butte, and county of Silver Bow.

8. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and by order of said joint committee, and the said Silver Bow Trades and Labor Assembly, the following notice was printed in the Inter Mountain, a newspaper published in said city of Butte, upon the 13th day of April, 1897, to wit:

“boycott.

“A general boycott has been declared upon all Chinese and Japanese restaurants, tailor shops, and washhouses by the Silver Bow Trades and Labor Assembly. All friends and sympathizers of organized labor will assist us in this fight against the lowering Asiatic standards of living and morals. America v. Asia, progress v. retrogression are the considerations now involved. American manhood and American womanhood must be protected from competition with these inferior races, and further reduction of the wages of native labor by the employment of these people must be strenuously resisted.

“By order of the Silver Bow Trades and Labor Assembly.

“P. H. Burns; President.

“G. B. Walters, Secretary.

That the said P. H. Burns, at the time specified in said notice, was a member of said Bricklayer and Stone Masons’ Union, and a delegate therefrom to the said Silver Bow Trades and Labor Assembly, and the president thereof; and that said George B. Walters was then a member of said Clerks’ Assembly and a delegate therefrom to the said Silver Bow Trades and Labor Assembly, and the secretary thereof.

9. That in pursuance of the said conspiracy and combination in the sixth and seventh findings specified, and by order of said joint committee and said Silver Bow Trades and Labor Assembly, the said defendant Fred Whately was employed to drive through the main streets of the city of Butte, in the daytime, a spring express wagon, drawn by one horse; that the cover was made of bleached muslin, extending downward, in the form of a letter A, from a ridge pole to the center, and was 12 feet long and 6 feet wide; that upon the outside of said cover on one side of said wagon was painted a cartoon representing a Chinese washhouse, and a Chinese, with a long queue, was squirting water from his mouth, sprinkling a shirt he was ironing; that upon the outside of said cover, upon the opposite side, was painted a cartoon representing a Chinese cook house, with a stove, and a Chinese, with a long queue, was kneading dough and dropping a rat into a pot containing soup; that these cartoons were designed to, and would, excite in the spectators feelings of prejudice and hostility against the Chinese; that said wagon was driven from time to time, during certain hours of the day, in the months of January, February, March and April, 1897, and seen by thousands of persons; that there was in said wagon a bell or gong, which could be, and was, rung by the driver, who pushed his foot upon it to attract the attention of the people; and that upon the outside of the cover, upon both sides of the said wagon, were painted the following words: “Boycott the Chinese and Japanese and all persons patronizing them. By order of the Silver Bow Trades and Labor Assembly, and all labor organizations”

10. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified herein, and by order of said joint committee and said Silver Bow Trades and Labor Assembly, and during the months of November and December, 1896, and January, February, March, and April, 1897, some of the above-named defendants, to wit, Louis Schaffer, Charles Slayton, Harry La Galla, Fred Whately, J. W. Huffman, W. K. Martin, M. J. Geiger, George Morehart, Frank Baldwin, and George B. Walters, did willfully and maliciously go to said place of business of said complainants Hum Fay, Deer Yick, and Hum Tong, at No. 37½ West Park street, in said city of Butte, and stand upon and forcibly occupy the highway and sidewalk in front thereof, and warn people who were or were about to become customers in their said business, and did, in behalf of the said unions, associations, and assemblies, and said Silver Bow Trades and Labor Assembly mentioned in finding 5 hereof, advise and state to such persons that such business and place of business was boycotted because the said complainants were Chinese, and that persons ought not to and must not patronize said complainants or the said restaurant and store; that said customers of said complainants were sometimes held up by the use of force by the said defendants, compelled to leave said complainants’ place of business; that said defendants posted and distributed to said customers and persons dodgers and printed notices of such boycott upon the Chinese, and that duplicates thereof are exhibits filed herein August 23, 1898; and that the effect of these acts and the other acts of the defendants in these findings specified was to reduce materially said business of said complainants and make the same unprofitable.

11. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and during the months of December, 1896, and January, February, March, and April, 1897, some of the above-named defendants, to wit, George B. Walters, Charles Slayton, W. R. Martin, Louis Schaffer, and Fred Whateley, did willfully and maliciously go to said place of business of the said complainant, Huie Pock, in said city of Butte, and stand upon and forcibly occupy the highway and sidewalk in front thereof, and warn persons who were or were about to become his customers in his said business, and did in behalf of said union, associations, and assemblies, and said Silver Bow Trades and Labor Assembly, mentioned in finding 5 herein, and advise and state to such persons that said business and place of business were boycotted because the said complainant was a Chinese, and that such persons ought not to and must not patronize the said complainant or his said store; that said defendants posted and distributed to said customers and persons dodgers or printed notices of said boycott upon the said Chinese, and that duplicates thereof are exhibits filed herein August 23, 1898; and that the effects of these and other acts of the defendants in these findings specified was to reduce materially the said business of the said complainant and make the same unprofitable.

12. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified herein, and during the months of December, 1896, and January, February, March, and April, 1897, the said defendant George B. Walters, and one John Helm, called upon Mrs. Louise Holmes, at her residence in said city of Butte, and asked her to discharge the Chinamen in her employ; that said Mrs. Holmes had boarders from four to six in number; that the said Walters and Helm, about a month after the first visit, called upon said Mrs. Holmes, and notified her that they had been there many times and requested her to discharge said Chinaman, and they wanted her to understand if she did not comply with their request, they would be compelled to cause her trouble; that they would immediately get out papers to boycott her, and that it would cost her some money to have the boycott raised; that the effect of these and other acts of the defendants in these findings specified was a loss of some of her said boarders.

13. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and during the months of January, February, and March, 1897, some of the above-named defendants, to wit, Griffith E. Taylor, Ed. Marchand, George Morehart, Frank Baldwin, George B. Walters, and Louis Schaffer, did willfully and maliciously go to the place of business of Mrs. Eva M. Althoff, upon East Broadway in said city of Butte, to wit, the Will House, and stand upon and forcibly occupy the highway and sidewalk in front thereof, and invite and warn persons who were or were about to become lodgers therein, and did, in behalf of said unions, associations, and assemblies, and said Silver Bow Trades and Labor Assembly mentioned in finding 5 herein, and advise and state to said persons and customers that said Will House was boycotted because the said Mrs. Althoff, the proprietress thereof employed a Chinaman; that said defendants made threats to said lodgers and persons, that they would be boycotted if they did not remove therefrom, and paste upon said Will House and distribute to said persons and lodgers printed notices or dodgers and cards, declaring that said Will House was boycotted; that duplicates of said dodgers, notices, and cards, marked A, B, C, and D, were filed herein August 23, 1898, and reference is thereby made to the same, and that the effect of these and other acts of the defendants specified in these findings was to reduce materially the said business of said Mrs. Eva Althoff, and make the same unprofitable.

14. That in pursuance of said conspiracy and combination in said sixth and seventh finding specified herein, and during the months of January, February, March, and April, 1897, and by order of said joint committee and said Silver Bow Trades and Labor Assembly, Fred Oram and other persons were hired to carry, and did carry, in the daytime, through the main streets of said city of Butte, a transparency of bleached muslin about 4 feet long and 3½ feet wide, and attached to a pole, and that upon the same were printed the following words: “Boycott the Will House.” “Mrs. Will employs Chinese.” “By order of the Silver Bow Trades and Labor Assembly.” That said Mrs. Will was the former name of the said Mrs. Eva M. Althoff.

15. That the said Mrs. Althoff, in order to carry on her said business at said Will House without molestation by the said defendants and persons in the thirteenth and fourteenth findings herein named, was compelled to and did pay March 16, 1897, to said defendant George B. Walters, as the representative of the defendants and the said unions, associations, and assemblies and the Silver Bow Trades and Labor Assembly, the sum of $45; that the said Walters and the said defendants in the thirteenth finding mentioned demanded said sum to pay the expense of hiring persons to commit the acts in the thirteenth and fourteenth findings herein specified, and paint the said transparency and print said dodgers and notices and cards; that the receipt of the said Walters for the said sum of $45, marked Exhibit F, was filed herein August 23, 1898, and reference is hereby made to the same; and that thereupon the said defendant caused to be printed and published in said newspaper, the Inter Mountain, a notice declaring said boycott of the said Will House off, “by order of the Silver Bow Trades and Labor Assembly;” and that a copy of said notice, marked Exhibit G, was filed herein August 23, 1898, and reference is hereby made to the same.

16. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and during the months of November and December, 1896, and January, February, and March, 1897, a delegate from the Cooks’ and Waiters’ Union made a report to the Silver Bow Trades and Labor Assembly that Mrs. Margaret Noyes employed a Chinese cook; that Mrs. Noyes was than keeping a boarding house in said city of Butte; that some of the defendants, to wit, George S. Walters, George Morehart, and Ed Marchand, called upon said Mrs. Noyes and notified her, in behalf of the said unions, associations, and assemblies, that she must discharge the said cook or she would be boycotted and her said business destroyed; that M. B. Holtz, a member of said Clerks’ Assembly, was a boarder at said house and was notified by the said Walters to quit because the said Mrs. Noyes employed a Chinese; that printed dodgers or notices of a boycott upon the said business of said Mrs. Noyes were distributed about her said house and in the neighborhood; that said Morehart was hired to and did watch the said house; that the effect of this and other acts of the said defendants in these findings specified was to reduce materially the said business of the said Mrs. Noyes, and make the same unprofitable; that the said Mrs. Noyes in order to avoid pecuniary loss and controversy, and pursue her said business without molestation by the said defendants, was required to sign a paper promising that she would not employ Chinese and pay the sum of $12.50 to the said Walters, as the representative of the said defendants and said union and associations and assemblies and the said Silver Bow Trades and Labor Assembly; that the said Walters and the defendants demanded said sum to pay the expense of printing said boycott dodgers and notices and hiring the said Morehart to watch her said house, and that thereupon the said boycott was declared lifted.

17. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified herein, and during the month of January, 1897, the said George B. Walters and George Morehart called upon Mrs. Rodgers at her place of business in the said city of Butte; that Mrs. Rodgers then kept a lodging house known as the Rodgers House, and employed a Chinese to work in and about her said house; that they gave to the said Mrs. Rodgers printed dodgers or notices, announcing that there had been a boycott upon the Chinese and Japanese in said city of Butte, and asking the friends of organized labor to help them make the boycott; that they then notified said Mrs. Rodgers that if she did not discharge her Chinese help they would boycott the house and make her roomers quit, and drive her out of business; that duplicates of said dodgers or notices were filed herein as exhibits, August 23, 1896; and that thereupon, the said Mrs. Rodgers, in order to carry on her said business without molestation by said defendants, discharged the said Chinese.

18. That in pursuance of the said conspiracy and combination in the sixth and seventh findings specified, and during the months of December, 1896, and January, February, and March, 1897, the said defendant George B. Walters and one person whose name was not proved called upon D. N. Dellinger in said city of Butte; that said Dellinger had charge of a block the larger portion of which was used for stores, and the upper floor was used for offices; that a Chinese janitor was employed in and about the said block; that said Walters and said other person whose name was not proven gave to said Dellinger a dodger or printed notice, which stated that the Chinese and Japanese were boycotted; that the said dodger or notice is marked Exhibit L, and was filed herein August 23, 1898, and reference is hereby made to the same; that said Exhibit L is a duplicate of said Exhibit J, and that said Walters and person then notified said Dellinger to discharge the said Chinese.

19. That during the months of November and December, 1896, and January, February, March, and April, 1897, one of the rules of said Clerks’ Assembly was as follows, to wit: “A fine of $5 shall be imposed on any member for each of the following offenses: Patronizing Chinese or Japanese.” Reference is hereby made to Exhibit N, filed herein August 23, 1898, section 1, article 9. That Fred Bacon and W. D. Fenner, members of said Clerks’ Assembly, were fined for a violation of this by-law; that by-laws of the same tenor were then in force in said unions, associations, and assemblies and the Silver Bow Trades and Labor Assembly; that David M. Matt, a member of said Butchers’ Union, was fined for the offense of patronizing Chinese; and that in pursuance of said combination and conspiracy in the sixth and seventh findings specified, and during the times aforesaid, and by order of the said joint committee and said Silver Bow Trades and Labor Assembly, said by-laws were vigilantly enforced and the penalties were inflicted.

20. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and during the months of January, February, and March, 1898, and by order of the said joint committee and said Silver Bow Trades and Labor Assembly, a boycott was placed on Fayette Harrington because he employed a Chinese, and upon the Silver Bow National Bank, of said city of Butte, because the said Harrington was the cashier of the said bank, and said bank was conducting and prosecuting its business in the Beaver Block, upon which a boycott had been placed, according to the order contained in said Exhibit I; that for this reason money had been withdrawn by one depositor in said bank; and that after a meeting had been had by one O. K. Lewis, the president of said bank, and a committee, consisting of said defendant George B. Walters and a person named Reed, said boycott was taken off.

21. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified, and during the months of November and December, 1896, and January, February, March, and April, 1897, and by order of said joint committee and said Silver Bow Trades Assembly, some of the said defendants, to wit, Charles Slayton, George Morehart, Louis Schaffer, and George B. Walters, watched and followed the Chinese who went to houses in the said city of Butte where they were employed as cooks, servants, laundrymen, and other occupations, and made report to said joint committee and said labor union, associations, and assemblies and the said Silver Bow Trades and Labor Assembly, giving the names of persons who were hiring Chinese in any capacity; that members of said working force were then sent to said houses to see the occupants and request the discharge of such Chinese; and that such request would be followed by an order to have a boycott declared against them.

22. That in pursuance of said conspiracy in the sixth and seventh findings specified, and by order of said joint committee and said Silver Bow Trades and Labor Assembly, and during the months of December, 1896, and January, February, March, and April, 1897, a printed notice of the boycott upon all Chinese and Japanese restaurants, tailor shops, and washhouses, and all persons employing them in any capacity, were circulated by said working force and said defendants in said city of Butte, and that a duplicate of said notice, marked Exhibit –— was filed herein August 23, 1898; and reference is hereby made to the same.

23. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified herein, and by order of the said joint committee and said Silver Bow Trades and Labor Assembly, and during the months of December, 1896, and January, February, March, and April, 1897, a printed notice announcing that a general boycott had been declared upon the Chinese and Japanese restaurants, tailor shops, and washhouses by said Silver Bow Trades and Labor Assembly, were circulated by said working force of the defendants in the said city of Butte, and that a duplicate of said notice, marked Exhibit K, was filed herein August 23, 1898, and reference is hereby made to the same.

24. That in pursuance of said conspiracy and combination in the sixth and seventh findings specified herein, and by order of said joint committee and said Silver Bow Trades and Labor Assembly, and during the months of December, 1896, and January, February, March, and April, 1897, printed notices announcing that said Butte Tailors’ Union had placed a boycott upon all Chinese tailor shops were circulated by said working force of the defendants in said city of Butte; and that duplicates of said notices, marked Exhibit K, were filed herein August 23, 1898, and reference is hereby made to the same.

25. That in pursuance of said conspiracy and combination in the sixth and seventh findings herein specified, and by order of said joint committee and said Cooks’ and Waiters’ Union, and during the month of March, 1897, printed cards notifying members of organized labor that nine parties, whose names or places of business are set forth, persisted in employing Chinese and Japanese labor were circulated by said working forces of the defendants in said city of Butte; and that duplicate of said card, marked Exhibit I, was filed herein August 23, 1898, and reference is hereby made to the same.

26. That in pursuance of said conspiracy and combination in the sixth and seventh findings herein specified, and daring the months of November and December, 1896, and the months of January, February, and March, 1897, some of said defendants, to wit, Robert E. Taylor, George B. Walters, M. J. Geiger, and H. C. Morgan, circulated subscription papers in said city of Butte, and collected money from D. K. Giard and George E. Palmer, and divers other persons, to pay the expenses of said boycott and acts hereinafter described; that said expense, including the wages of said working force, the printing of said boycott notices, dodgers, and cards, the printing of said transparency and cartoons upon said wagon, the use and driving of said horse and wagon, the carrying of said transparency and the printing of said advertisement in said Inter Mountain, and that all of said expenses were paid from funds collected and from persons engaged in business in said city of Butte, and the Cooks’ and Waiters’ Union, the Hotel and Restaurant Keepers’ Association, and said proprietors of said Troy Laundry, Union Laundry, and the C. O. D. Laundry, and the said Silver Bow Trades and Labor Assembly.

27. That the public authorities and officers of said city of Butte and said county of Silver Bow and said State of Montana did not protect any of said complainants or parties in whose behalf this action is prosecuted, or any of the persons mentioned in these findings in the enjoyment of the right to pursue a lawful occupation, or hire persons to perform labor or expend money in places of business; never caused any of said defendants to be arrested or punished in any manner for the commission of any of said acts hereinafter specified.

28. That books containing the records of the proceedings during the periods under investigation, to wit, the months of November and December, 1896, and January, February, March, and April, 1897, were stolen from the custody of the officers of the following organizations, to wit: The Cooks and Waiters’ Union, the Silver Bow Trades and Labor Assembly, the Clerks’ Assembly, the Hotel and Restaurant Keepers’ Association, and the joint committee on the Chinese boycott; that said books were kept in divers places, and were missing at the same time; and that the complainants resorted to all legal process to obtain said books, but they were not produced upon this hearing.

29. That the effect of the said acts hereinbefore specified in these findings was to deprive said Chinese residents of said city of Butte of work and the means of earning a livelihood, and compelled them to go to other places; that from the 1st day of November, 1896, to the issuance of the restraining order herein in the month of April, 1897, 350 of said Chinese residents, about one-half thereof, were thereby driven from said city of Butte; and that the conspiracy and combination in the sixth and seventh findings herein, to compel the plaintiffs and the parties in whose behalf this action is prosecuted, failed solely through the issuance of said restraining order herein.

Dated this —— day of March, 1899.

Henry N. Blake,
Master in Chancery.

Exhibit D.

In the circuit court of the United States, ninth circuit, district of Montana.

In open court, March 12, 1900.

Hum Fay et al., complainants,	}	No. 40.
v.
Frank Baldwin et al., defendants.

In this matter, heretofore argued and submitted for the consideration of the court, it is—

Ordered that a decree enter herein against all of the defendants except the following: Frank L. Galla, W. H. Eddy, A. A. Sandahl, John Doe and Richard Roe, and G. B. Walters, who is dead.

Attest: A true copy from minutes.

[Seal circuit court of the United States.]

Geo. W. Sproule, Clerk.

Exhibit E.

In the circuit court of the United States for the ninth circuit, district of Montana.

Hum Fay, Dear Yick, Hum Tong, Huie Pock, Wah Shang Lung, Tom Hing Jip, Tom Wah, Tom Hoi Quoi, Tom Huie Shorn, Tom Mun Hi, Tom Four, Tom Shu, Tom Quong Wy, Tom Hoy Sing, Tom Quon Hi, Tom Lick, Hum Young, Tom Hi Lip, Lanf Gung Fon, Jung Sing Hing, Quon Hock Ben, Jung Mung Wy, Lou Quong, Chin Noy, Chin Thick, Chin Foo, Charley King, Woo Shoo, Ye Gung, Woo Long Ben, Chin Wing Shoy, Ching Sung, Chin Low, Quong Tuck Wing, Bow Shang Kong, Quong Fong, Quon Que Sing, Wong Ming, Quon High, Quong Hong, Quon Hing Huie, Lang Noy, Quong Quock, Quong Ying, Quong Jung, Quon Hing Gee, Quon Quock Shung, Hum Kee, Hum Town, Tom One Lung, Tom Hing Ga, Tom Mon Shon, Young Tong, Ling Chee, Quong Chong Wa, Foo Kee, Wuah Die, Chin Yu Dong, Gun Chong Hi, Leo Gaugh Yu, Quon Quack, Hung, Leo Chung, Soo Mou, Lou Hong Ken, Lou Guch Yu, Lou Hock Num, Wauh Kee, Chang Sam, Soo Ye King, Long Ben, Woo Lem, Mook Yick, Hop Lee, Jim Lee, Hing Juck, Jong Hong, Tom Que, Lee Mou, Tuoe Fen, Quon Yok, Tom Buck, Tom Fong, Tom Show, Tom Tong, Quon Hing Yow, Quon Hock Gow, Wong Foy You, Yuon Quon, Jung Hock Jock, Chin Yun, Jung Chin, Lim Fen, Yee Sin Fu, Chin Jew, Chin Fun, Don Len, Ah Loy, Chim Ham Dong, Wah Chong Tai Co., Wong Hon, Lim Chee Look, Chin Quong Hing, Pow Ning Tong, Wong Wauh Son, Chew Lou Foue, Tom Quong, Lou Quon, Wong Jung, Woo Ling, Chin Toy, On Fook, Chin Toy, Chin Buck Yum, Quon Ah Yung, Quon Son Jake, Quon Dong Ben, Quon Quock Ben, Quon Ti Dick, Chung Ye Wah, Quon Sing Lee, Quon Wee, Jung Fung Foy, Lang Foo Lee, Quon Lee, Quon Jing, Quon Lung Chung, Quon Quag Lung, Ong Do Fon, Quong Joe, Ong Tong Yong, Quon Kee, Quon Den, Quon Hock, Song Yen, Sing Lee, Lang Hing, Quon Keo, Tom Quon, Lee Faw, Quon Gwee Gwock, Quon Ming, Tom Gem, Tom Yen, Tom Ying, Tom Hock, Tom Chung, Tom Li, Tom Shon, Tom Hing, Tom Quong, Tom Tong, Tom Huey, Tom Jim, Jung Sing Kee, Sam Young, Woo Sing You, Quon Ling Ging, Chung Quon, Ah Mun, Tom Young, Tom Sing, Yun Dau, Tom Hung, Hum Wuh, Han Bor, Hum Kee, Hum Young, Hum Mun Ye, Jung Bing Ling, Jum Kun We, Quon Fook Hoy, Soo Tong, Jung Hing, Soo Que, Jung Young, Jung Wing, Jung Fee, Hing Hum Hing, Lee Youn, Tom Chee, Tom Jong, Tom Hee, Tom Ying, Tom Yick, Tom Hong, Tom Fon, Tom Jim, Tom Woo, Tom Quock, Lee Sun, Tom Kim, Tom Hoo, Quon Chong, Quon Sin, Quon Hem, Tom Toy, Tom Wing, Tom Wing, Kee Tok Fook, Yen, Tom Lung, Tom Lee, Tom Sue, Wong Chung, Tong You Loy, Chung Yun, Ah Kee, Chung Yuck, Toy Ton, Jung Yum, Toy Sing Chu, Toy Ling, Toy Yick Mou, Quon Egg, Quon Tong, Jong Wong, Yuen Tuck, Chu King, Kee Yock, Sam Yick Quon, Yock Tom Yea, Quon Sing, Quon Shea Sing, Lou Chin, Jung Cha, complainants,	}
v.
Frank Baldwin, Griffith E. Taylor, George Morehart, P. H. Burns, H. C. Morgan, M. J. Geiger, Louis Schaffer, Charles Slayton, J. W. Hoffman, George W. Morgan, Frank P. Welden, Fred Whateley, Robert E. Taylor, J. H. Free, W. R. Martin, Ed. Marchand, et al., defendants.

This cause came on to be heard upon motion for a final decree by Messrs. Sanders & Sanders, solicitors for the complainants against the defendants, their servants, agents, employees, confederates, and coconspirators, and all associations and organizations acting with them in and about the perpetration and continuation of the wrongs set forth in their said bill of complaint; and thereupon, on consideration thereof, it is ordered that the said motion be, and the same is hereby, granted, and it is—

Ordered, adjudged, and decreed that the foregoing-named complainants do have a perpetual and final decree enjoining and restraining the above-named defendants and each of them, their agents, servants, workmen, confederates, employees, and coconspirators, and all associations and organizations heretofore, at, and before the institution of this suit, or which since the institution of the same have joined the same, and purpose and intend to continue the said boycott and conspiracy, from so maintaining and continuing the same, and they and each and all of them are and shall be enjoined and restrained from further combining or conspiring to injure or destroy the business of the said complainants or any of them, and from threatening, coercing, or injuring any person or persons becoming or intending to become patrons of said complainants or any of them because of such patronage or intent, and from publishing, carrying, or causing to be carried or drawn or published through the streets of Butte 01 in said county any libelous or defamatory pictures, transparencies, mottoes, banners, or any other devices of the Chinese, and from remaining in the vicinity of the places of business of said complainants or any of them upon the streets or sidewalks, advising or notifying individuals not to patronize said complainants or any of them, or persons of Chinese nativity, descent, or citizenship, and from threatening such persons in any manner if they do so, and from contributing money to be by anybody used with the intent and for the purpose of injuring the business of said complainants for or on account thereof, and from in any way or manner combining or confederating together with the intent and for the purpose of destroying the business of said complainants or any of them.

And it is further ordered, adjudged, and decreed that the said clerk of this court, under the seal thereof, shall issue said injunction conformable to this decree, and that said injunction shall be in force and binding upon the defendants herein named and each of them and their agents, servants, workmen, confederates, employees, and coconspirators from and after the service upon them severally of said writ of injunction by delivering to them severally a copy thereof duly certified by the clerk of this court.

And it is further ordered, adjudged, and decreed that the said complainants shall have and recover of and from said defendants their costs in this behalf heretofore taxed by the clerk of this court at the sum of $1,750.05, and that they have execution therefor against the said defendants as upon judgments at law.

Hiram Knowles, Judge.

Filed and entered May 18, 1900.

Geo. W. Sproule, Clerk,

By

C W. Blair, Deputy.

Exhibit F.

In the circuit court of the United States for the ninth circuit district of Montana.

The United States of America, District of Montana, ss:

The President of the United States to Frank Baldwin, Griffith E. Taylor, George Morehart, P. H. Burns, H. C. Morgan, M. J. Geiger, Louis Schaffer, Charles Slayton, J. W. Hoffman, George W. Morgan, Frank P. Weldon, Fred Whatley, Robert E. Taylor, J. H. Free, W. R. Martin, Ed. Marchand, and each of them, their agents, servants, workmen, confederates, employees, and coconspirators, greeting:

Whereas Hum Fay, Dear Yick, Hum Tong, Huie Pock, Wah Shang Lung, Tom Hing Jip, Tom Wah, Tom Hoi Quoi, Tom Huie Shon, Tom Mun Hi, Tom Fou, Tom Shu, Tom Quong Wy, Tom Hoy Sing, Tom Quon Hi, Tom Lick, Hum Young, Tom Hi Lip, Lang Gung Fon, Jung Hing Sing, Quon Hock Ben, Jung Mung Wy, Lou Quong, Chin Noy, Chin Thick, Chin Foo, Charley King, Woo Shoo, Ye Gung, Wong Long Ben, Chin Wing Shoy, Chi Sung, Chin Low, Quong Tuck Wing, Bow Shang Kong, Quong Fong, Quon Que Sing, Wong Ming, Quon High, Quong Hong, Quong Hing Huie, Mang Moy, Quong Long Quock, Quon Ying, Quong Jung, Quon Hing Gee, Quon Shock Shung, Hum Kee, Hum Town, Tom One Lung, Tom Hing Ga, Tom Mon Chon, Young Tong, Ling Chee, Quon Chong Wa, Woo Kee, Wauh Die, Chin Yu Dong, Gun Chong Hi, Leo Baugh Yu, Quon Quack, Hung Leo Chung, Soo Mou, Lou Hong Ken, Lou Guch Yu, Lou Hock Num, Wauh Kee, Chang Saw, Soo Ye King, Long Ben, Woo Lem, Mook Yick, Hop Lee, Jim Lee, Hing Juck Jong Hong, Tom Que, Lee Mou, Tuoe Fon, Quon Yow, Tom Buck, Tom Fong, Tom Show, Tom Tong, Quon Hing Yow, Quon Kock Gow, Wong Foy You, Yuon Quon, Jung Hock Jock, Chin Yun, Jung Ching, Lim Fon, Yee Sin Fu, Chin Jew, Chin Fun, Don Len, Ah Ley, Chin Ham Dong, Wah Chong Tai Co., Wong Hon, Lim Chee Lock, Chin Quong Hing, Pow Mng Tong, Wong Wauh Son, Chew Lou Fou, Tom Quong, Lou Quon, Wong Jung, Woo Ling, Chin Toy, On Fook, Chin Toy, Chin Buck Yum, Quon Ah Yung, Quon Son Jake, Quon Dong Ben, Quon Quock Ben, Quon Ti Dick, Chung Ye Wah, Quon Sing Lee, Quon Wee Jung Fung Poy, Lang Fee Lee, Quon Lee, Quon Jing, Quong Lung Chung, Quon Quagh Lung, Ong Du Fon, Quong Joe, Ong Tong Yong, Quon Kee, Quon Den, Quon Hock, Song Yen, Sing Lee, Lang Hing, Quan Qeo, Tom Quon, Lee Faw, Quon Gwee Gwock, Quon Ming, Tom Gem, Tom Yen, Tom Ying, Tom Hock, Tom Chung, Tom Li, Tom Shon, Tom Hing, Tom Quong, Tom Tong, Tom Huey, Tom Jim, Jung Sing Kee, Sam Young, Woo Sing You, Quon Ling Ging, Chung Quon Ah Mun, Tom Young, Tom Quong, Tom Sing, Yun Dau, Tom Hung, Hum Wug, Han Bor, Hum Kee, Hum Young, Hum Mun Ye, Jung Bing Ling, Jum Kun We, Quon Fook Loy, Soo Tong, Jung Hing, Soo Que, Jung Young, Jung Wing, Jung Fee, Hing Hum, Himg, Lee Youn, Tom Chee, Tom Jong, Tom Hee, Tom Ying, Tom Yick, Tom Hong, Tom Fon, Tom Jim, Tom Qoo, Tom Quock, Lee Sun, Tom Kim, Tom Hoo, Quon Chong, Quon Sin, Quon Hem, Tom Toy, Tom Wing, Tom Wing Hee, Tok Fook Yen, Tom Lung, Tom Lee, Tom Sue, Wong Chung, Tong You Loy, Chung Yun, Ah Kee, Chung Yuck, Tom Sam Lee, Jen Ah Hem, Hum Tom, Yoo Bauh, Jung Wot, Jung Yum, Jing Yen, Jung Dick Chun, Toy Ton, Toy Sing Chu, Toy Ling, Toy Yick Mou, Quon Egg, Quon Tong, Jong Wong, Yuen Tuck, Chu King, Kee Kock, Sam Yick Quon, Yock Tom Yea, Quon Sing, Quon Chea Sing, Lou Ghin, Jung Che, citizens and subjects of the Empire of China, residents and doing business in the city of Butte and county of Silverbow, State of Montana, have heretofore filed on the chancery side of the circuit court of the United States for the ninth circuit, district of Montana, a bill against Frank Baldwin, Griffith E. Taylor, George Morehart, P. H. Burns, H. C. Morgan, M. J. Geiger, Louis Schaffer, Charles Slayton, J. W. Hoffman, George W. Morgan, Frank P. Welden, Fred Whateley, Robert E. Taylor, J. H. Free, W. R. Martin, Ed. Marchand, their agents, servants, workmen, confederates, employees, and coconspirators; and have obtained an allowance for an injunction as prayed for in said bill;

Now, therefore, we, having regard to the matters in said bill contained, do hereby command and strictly enjoin you, the said Frank Baldwin, Griffith E. Taylor, George Morehart, P. H. Burns, H. C. Morgan, M. J. Geiger, Louis Schaffer, Charles Slayton, J. W. Hoffman, George W. Morgan, Frank P. Welden, Fred Whateley, Robert E. Taylor, J. H. Free, W. R. Martin, Ed. Marchand, and each of you, your agents, servants, workmen, confederates, employees, and coconspirators, from further combining or conspiring to injure or destroy the business of the above named citizens and subjects of the Empire of China and residents of and doing business in the city of Butte and county of Silverbow, State of Montana, or any of them; and from maintaining or continuing the boycott and conspiracy against said Chinese existing at the institution of this case; and from threatening, coercing, or injuring any person or persons becoming or intending to become patrons of the said citizens and subjects of the Empire of China, or any of them, because of such patronage or intent; and from publishing, carrying, or causing to be carried or drawn or published through the streets of Butte or in said county any libelous or defamatory pictures, transparencies, mottoes, banners, or any other devices of the Chinese; and from remaining in the vicinity of the places of business of said citizens and subjects of the Empire of China and residents of and doing business in the city of Butte and county of Silverbow, State of Montana, or any of them, upon the streets or sidewalks advising individuals not to patronize the said above-named Chinese, or any of them, or persons of Chinese nativity, descent, or citizenship, and from threatening such persons in any manner if they so do; and from contributing money to be by anybody used with the intent and for the purpose of injuring the business of the said Chinese above named, or any of them; and from threatening, coercing, or injuring any person or persons intending to become patrons of the above-named Chinese for or on account thereof; and from in any way or manner combining or confederating together with the intent and for the purpose of destroying the business of the said citizens and residents of the Empire of China and residents of and doing business in the city of Butte and county of Silverbow, State of Montana, or any of them.

And said commands and injunctions and each and all of them you are respectfully required to observe and obey until our said circuit court shall make further orders in the premises.

Hereof fail not, under penalty of the law thence ensuing.

Witness the Hon. Melville W. Fuller, Chief Justice of the United States, this 4th day of June, 1900, and in the one hundred and twenty-fourth year of the Independence of the United States of America.

[seal.]

Geo. W. Sproule,

By

T. B. Stephens, Deputy.