| Show HEALTH OFFICERS ENJOINED COURT OP APPEALS SUSTAINS CONTENTION OF CHINESE I Federal and State Authorities in San Francisco Restrained from Inter i fering With Mongolians San Francisco May 2SThe United I Slates Circuit Court of Appeals Judges Morrow Hawley and Dehaven sitting I en bane today issued the Injunction prayed for by the Chinese residents of this city restraining the Board oC I Health and the Federal authorities from interfering with the free movements I move-ments of the Mongolian residents of I San Francisco and their freedom in traveling to and from this city The complaint of the Chinese stated that in enforcing the terms of a resolution olution adopted by tho Board of Health declaring that plague existed In this city that they were restrained or their liberties granted them under the Constitution of the United States and the existing treaties between the Government of the United States and tho Chinese Government that the authorities au-thorities discriminated against the Mongolian race In singling ou the Chinese Chi-nese and Japanese for the enforcement of the terms of the resolution that the llaffklne prophylactic was not tho proper treatment for persons already exposed to the plague and that neither the Board of Health nor the Federal authorities had proven that a single case of plague existed in this city or State The court sustained every contention in the complaint and granted the Injunction In-junction The decision was read by Judge Morrow and was concurred in by Judges Dehaven and Haley I In his decision Judge Morrow holds that the Board ot Health had no power pow-er to Issue the instructions regarding the inoculation as the Boaud of Supervisors Su-pervisors had not passed any legislation legsla tion on the matter as provided by the charter of this city and county I Discussing the Federal quarantine net of March 27 1890 Judge Morrow said l will bo observed that the statute L open to the Interpretation that the promulgation ot rules and regulations to prevent the spread of the diseases named in the statute Is made to depend upon the fact that It has been made to appear to the satin faction ot the President that the diseases exist In the particular Stale or Territory where the regulations are to be enforced If this Is the proper Interpretation to be placed upon the statute then the enforcement of any rules and regulations Is open to the objection that It doe not appear that tho President has found the nIauc I exists In San Francisco or In California Califor-nia or indeed anywhere else in the United States nor does It appear that the supervising SurgeonGeneral has so found or that he has prescribed any regulations requiring the administration administra-tion of Haffklnu prophylactic under any conditions or to parties seeking transportation from one place In the State to another I The only restriction Imposed by the I SurgeonGeneral I that transportation transporta-tion companies shall refuse transportation 1 transporta-tion to Asiatics unless provided with the certificates of the defendant Kin I youn What examination or treatment i Is required to entitle n Chinese person to this certificate is I not provided In 11 the instructions ot the supervising SurgftonGenernl The instructions are therefore plainly Insufficient in their essential particulars to Justify jlStr i the defrndanr Klnyouii in the restrictions restric-tions und conditions be has placed t updn the complainant and thoec represented repre-sented In the bill of complaint |
