However, perhaps the most significant demonstration of the California Supreme Court's views about the Chinese cause was Justice Hugh Murray's opinion in People v. Hall. Justice Field, a key player at both the trial and the appellate level in the Chinese cases, expressed the clear opinion that Chinese immigration was unwise, noting in In re Ah Fong that the dissimilarity in physical characteristics, in language, in manners, religion and habits, will always prevent any possible assimilation of them with our That was not the only time he expressed misgivings about the Chinese as immigrants. Will you oblige the AMERICAN LAUNDRIES to CUT THE WAGES OF THEIR PEOPLE by giving your patronage to the CHINAMEN? • Professor Chin claims that Yick Wo was fundamentally a “treaty case,” and did not extend constitutional rights to Chinese alien residents of the United States. However, the San Francisco Customs collector refused to admit a Chinese immigrant because he did not have the so-called Canton certificate, even though he had other evidence of his merchant status. Popular American author Bret Harte also coined the term heathen Chinese to describe the Chinese. For example, in a statewide television address during the 1964 presidential campaign, Senator Strom Thurmond of South Carolina accused the Democratic Party of protecting the Supreme Court in a reign of judicial. As noted earlier, it is tempting to suggest that in the Chinese cases, the Supreme Court was merely recognizing its limits as a court and acting as a common law court should. These ordinances included maximum-hours regulations aimed at preventing Chinese laundry owners from working different shifts in shared buildings and zoning laws that attempted to push the Chinese laundries away from their customer base in White residential neighborhoods to sparsely populated or toxic industrial areas of the city. There are at least four fairly simple lessons the Justices can re-learn from the history behind Yick Wo. the end will be that our industries will be absorbed UNLESS we live down to their animal life. (By contrast, Justice John Harlan, the dissenting civil rights hero of Plessy v. Ferguson, consistently treated the Chinese with animosity, noting in Plessy that [t]here is a race so different from our own that we do not permit those belonging to it to become ). They also included ordinances intended to harass the Chinese: ordinances prevented the delivery of laundry with horse-led carriages, rooftop drying racks, and mouth tubes used to squirt starch on laundry--all practices primarily utilized by Chinese laundries. The first history lesson that Yick Wo and the other Chinese cases should teach us is that Justice Jackson was right in his Korematsu dissent: it is better for the Supreme Court not to decide a case than to decide it in violation of the true meaning and spirit of the Constitution. Additionally, the Board of Supervisors routinely approved all white applications to run laundries in wooden buildings. That is, no person or persons shall be denied the same protection of the laws that is enjoyed by other persons or groups. Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA). A facially neutral law applied in a discriminatory manner violates the […] Decision: The earlier conviction of Yick Wo for violating the ordinance was unconstitutional. Synopsis of Rule of Law. The ordinance would have required all ethnic Chinese in San Francisco, both in Chinatown and elsewhere, to leave the city or move into the new district, giving up as much as $15 million in real estate. [She] was sure that something had gone terribly wrong. However, it is clear that principal actors in the desegregation conflict believed the Court was having a significant effect. Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. "The discrimination is therefore, illegal, and the public administration which enforces it is a denial of the equal protection of the laws and a violation of the Fourteenth Amendment of the Constitution. Usually, if you're doing the job, you automatically get In fact, when the woman who was instead hired applied for the position, her supervisor shouted, don't you realize that you're taking a man's job. Yick Wo v. Hopkins (1886) is the 26th landmark Supreme Court case, the fourth case in the Politics, Society, Freedom, and Equality module, featured in the KTB Prep American Government and Civics Series designed to acquaint users with the origins, concepts, organizations, and policies of the United States government and political system. Furthermore, the collector even mounted challenges to Chinese laborers' claims that they had not left the United States (and therefore did not need a return certificate.) . Although workers of Chinese descent operated 89 percent of the city's laundry businesses, not a single Chinese owner was granted a permit. Indeed, the Supreme Court has provided two fair and non-burdensome methods of determining whether the legislature is invidiously harming a plaintiff class. The city of San Francisco argued that the Fourteenth Amendment could not interfere with police powers granted by the U.S. Constitution to cities and states to enforce local laws concerning use of property. In that case, the Court cites Chae Chan Ping v. United States, the Chinese Exclusion case, for the proposition that: The right of a government to maintain its existence--self-preservation--is the most pervasive aspect of sovereignty . Most obviously, Justice Stephen Field, who sat on the Court from 1863 to 1897, was the presiding circuit judge in a number of the important Chinese decisions that came before the lower federal courts in the latter part of the nineteenth century. A valid law that is applied in an arbitrary and discriminatory manner is unconstitutional as a violation of the Equal Protection Clause. Of more concern is the fact that the Supreme Court both acknowledges White plaintiffs' anger over losing their entitlements and uses their property assumptions as a policy justification for invalidating affirmative action programs. "Yick Wo v. Hopkins 1886 The Chinese American Family Album. Yick Wo v. Hopkins. Employment for immigrants was severely restricted in the city. The law provided that the re-entry certificate would be the only acceptable evidence permitting laborers visiting China to re-enter the United States. After the ordinance affecting Quong Woo was invalidated and then re-instituted without the citizen permission provision, Woo Yeck, Tom Tong, and Hung Hang challenged the ordinance, apparently for similar issues. Chinese Immigrants. When it fails to do so, as it did in the Chinese cases, cases such as Yick Wo take on the cast of a pretentious moment of self-congratulation and fail to serve their purpose. Indeed, he thought he was entitled to admission even though several White students with lower scores had been admitted to his claimed seat. Wo Lee, also convicted and imprisoned though he had operated for twenty-five years in the same location, chose another avenue: he filed a habeas corpus petition directly in the federal court, only to be rebuffed by Sawyer on jurisdictional grounds. Randy Pech, the principal in Adarand Constructors v. Pena, complained to anyone who would listen that government programs that disfavored White men were gaining Highly cognizant of the fact that his was the only White guardrail company in his area, he claimed that when he heard that he had submitted the low bid but the contract would go to a minority firm, I flipped. In 1880, San Francisco passed a law requiring a permit for laundries housed in wooden buildings as they were more vulnerable to fires. . Of those, the Chinese won about eighty-five to ninety percent. Anti-Chinese riots took place in San Francisco in 1877. . Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Men significantly outnumbered women for the first few decades after the pueblo of Yerba Buena was renamed San Francisco in 1847; women were only about 16 percent of the population in 1853. We’re not even sure that was his name. When the defendants requested the court to take judicial notice of a discriminatory enforcement pattern against the Chinese in a boarding house ordinance, Judge Hoffman declared that the court had no right to inquire into the motives of the legislature and disclaimed any knowledge that the law in question was being enforced only against the In the same fashion, the U.S. Supreme Court in Ah Sin v. Wittman, faced with discriminatory enforcement of a gambling ordinance in a case reminiscent of Yick Wo, responded that the government would have no incentive in race or class prejudice or administration in race or class discrimination and suggested that a court would need to be certain of discriminatory intent before striking down any law because of it. Yick Wo v. Hopkins, a staple of every Constitutional Law course, was 125 years old this past year. It matters not in what form such aggression and encroachment come . IV. . . No reason for it exists except hostility to the race and nationality to which the petitioners belong, and which in the eye of the law is not justified.". We can do nothing to elevate or reform them, for that would be discrimination, contrary to the Fourteenth The newspaper concluded that the only solution was to exclude the Chinese, a view that was even then being implemented by the federal government, as evinced by the Chinese Exclusion Act of 1882. It is not even clear how the Court decides which cases to apply them in. The 1884 Exclusion Act confirmed that Chinese laborers of any nationality were excluded, expanded the exclusions to include miners and skilled laborers, and narrowed the favorable treatment provided merchants. In the California Supreme Court's decision in Yick Wo, the question of equal protection was only a note. Yick Wo v. Hopkins, 118 U.S. 356 (1886), was the first case where the United States Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.. Background. Even in the cases where Chinese laundrymen won, it was not without comment, however ironically meant, on their outsider status. In Justice Field's opinion, the 1880 revision of the Burlingame Treaty and 1882 Act only modified the United States' commitment to free entry of Chinese laborers. Eventually, the Yick Wo case became a central part of the civil rights law but not until the mid-twentieth century. If the costs of violence are too high, persons who believe their property is at risk will make those who compete for what is theirs miserable, using the auspices of the law wherever possible. South Texas College of Law Professor Josh Blackman explains the foundation of this case. Supreme Court Drama: Cases That Changed America. Indeed, sometimes they were quite blatant about it. This view that America was the God-given property of Whites pervaded the popular literature as well. . Of those, seventy-nine were owned by non-Chinese and only one by a Chinese. Yick Wo, a Chinese resident of San Francisco, had lived in California since 1861 and operated a laundry for twenty-two years. Justice Murray said of the Chinese that their mendacity is proverbial and their race was by nature marked as inferior . Her co-plaintiffs similarly admitted in interviews that they had been relatively confident they would be admitted to Michigan and had done little to line up comparable backup Similarly, Allen Bakke, who set the affirmative action debate in education on its course, maintained that he should have been admitted because of his higher test scores, even though an admissions interviewer described him as opinionated with a limited approach to problems in the medical profession. Of the 150 men indicted for this assault, only six were convicted, and those six were quickly released from their sentences. The Supreme Court reversed the conviction, not because the ordinance Federal Judge Sawyer was so disgusted at the allegations of the complaint that he ordered many of them stricken from the record: the city alleged that the Chinese were criminal, vicious, immoral, incorrigible perjurers whose property decreased the value of surrounding property; that they left their sick to die in the streets and were a moral danger to other races; and that they had to be removed to districts where they would have less contact with other races. As a result, it was difficult to furnish [the bachelors of California] with clean linen when [they] desire[d] because there [weren't] enough washerwomen or wives around to do Those Native and Spanish American women who were in business began to charge such high prices that some workers sent their clothing to Hong Kong to be laundered and returned months later. Yet with hope and courage, beginning in 1849 they crowded in the holds of ships, then suffered eight long weeks of ocean voyage to arrive in America, the land they called Gum Sahn or Gold Mountain. (As I will note, the 1970s cases Village of Arlington Heights and Batson v. Kentucky are among the few exceptions that do attempt to set standards.). For example, in the elections of 1879, the bottom of the ballot in San Francisco was printed with the words, Against Chinese Immigration. Yick Wo, a Chinese alien who had operated a laundry in the city for many years, was refused a permit. The Chinese cases should be a reminder to the Court of what will happen if it validates the fear-producing legislation aimed at the other, especially the immigrant. Synopsis of Rule of Law. . One example was a statute that prohibited Chinese from coming into California at all, invalidated in Ex parte Ah Cue. There were also legislative attempts to make it a felony for the Chinese to have an occupation, and to prohibit businesses from keeping books in languages other than English. However, [t]he Chinese and the free [N]egroes, of whom there was now [in 1851] a goodly sprinkling . Between 1882, when the first Chinese Exclusion Act was passed by Congress, and 1890, Chinese travelers filed 7,080 habeas petitions to challenge the decisions of the San Francisco collector in charge of deciding which Chinese travelers were going to be allowed to enter the United States. The San Francisco labor market stood at the vortex of four streams of hungry workers: disillusioned miners coming to the city at the end of the Gold Rush, skilled Chinese immigrants finishing work on the Transcontinental Railroad in 1869, White workers seeking refuge from an economic depression in the East, and immigrants sailing into San Francisco Bay. . For the courts to pretend, by reviewing these cases in isolation, that nothing untoward is going on in this jurisdiction is to invite further legislative punishment of the disadvantaged class and thus to be an accomplice in perpetuating evil against that class. Therefore, he held that refusing a Chinese merchant entrance because he could not produce his Chinese government identification certificate was a clear violation of the United States' commitment to China. Yick Wo was one of the most unique, improbable, and pivotal civil rights decisions in American legal history. For example, in United States v. Wong You, a Chinese laborer who had entered the country in violation of the Chinese Exclusion Acts claimed that he had to be deported under earlier, more fulsome procedures for Chinese deportation rather than later, swifter, general deportation laws. Government policy and law also segregated the Chinese from White society both figuratively and literally. except such as may arise from the enforcement of equal and impartial, In another case heard by Field, Chy Lung v. Freeman, also known as the Case of the Twenty-Two Chinese Women, Justice Field in oral argument expressed his belief that the Chinese women who were refused the right to immigrate for alleged prostitution were selectively prosecuted because they were Chinese, something the Fourteenth Amendment forbade. The City determined that his “appliances for heating” were “not dangerous to the surrounding property from fire.” The Constitution will never change. Despite these few cases, on the whole, the United States Supreme Court's opinions display little effort to protect the Chinese against a tide of legislation attempting to make their lives as miserable as possible, particularly at the federal level. about 240 were owned and cbnducted by subjects of China, and of the whole number, viz., 320, about 310 were constructed of wood, the same material that constitutes nine-tenths of the houses in the city of San Francisco. While, as in the civil rights era, it is hard to prove cause and effect between state and federal Supreme Court decisions and legislative actions, these decisions failing to protect the Chinese were followed by law after law against the Chinese in California. They were so successful that Congress finally eliminated the right to judicial review for administrative immigration decisions, a legislative move ratified by the U.S. Supreme Court in 1892. II. One insurance witness even admitted that the reason his company stopped insuring businesses in Chinatown was the company's fear of White arsonists starting fires there. Indeed, in the end, the Supreme Court itself invalidated the requirement that ship owners post a bond before their Chinese passengers could deboard in the first case involving Chinese litigants to be decided by the Supreme Court. By 1880 Chinese owned most laundries in San Francisco, commonly operated in wooden buildings. However, in 1885 the Board of Supervisors denied his application for a license to continue running his laundry. Yick Wo v. Hopkins. In Quock Ting v. United States, the Supreme Court held that a Court could reject a petitioner's habeas corpus petition even though his testimony was not contradicted by any other evidence. The saga of Yick Wo should remind the Court that it is neither courageous nor just to give in to social assumptions about who owns the social, moral, or material resources of our country. He had successfully maintained a licensed laundry in San Francisco for at least twenty-two years by 1885, when, after he was imprisoned for ignoring a San Francisco supervisors' ordinance, his habeas corpus petition reached the California Supreme Court. Indeed, in a claim reminiscent of Justice Scalia's and Thomas's complaints against Supreme Court platonic guardians, the newspaper noted ironically, [t]he Delphic oracle at Washington intimates that we can do nothing to bridge the chasm which separates [the Chinese] from the modern races of men. Reprinted with Permission Requested: Marie A. Failinger, Yick Wo at 125: Four Simple Lessons for the Contemporary Supreme Court, 17 Michigan Journal of Race and Law 217 (Spring 2012) (322 Footnotes Omitted). . These lessons are: 1. In one blatantly racist response, the federal court had to turn back the collector's challenge to the right of ethnic Chinese people who had been born in the United States to return after a journey to China, a battle which the government lost in 1898 when the U.S. Supreme Court declared that they were indeed citizens in Wong Kim Ark. McCunn, Ruthanne L. Chinese American Portraits: Personal Histories, 1828–1988. Jennifer Gratz, who was denied admission to the University of Michigan undergraduate program, demonstrates this unwritten expectation that the opportunities available from government belong to Whites by right if only they work hard. Faced with the choice of invalidating or upholding the constitutionality of President Roosevelt's 1942 order (backed up by criminal legislation) authorizing the military to intern Japanese citizens, Justice Jackson chose neither unpalatable alternative. Arguing that many individuals have to give up individual rights that cause serious mischief to others so everyone can enjoy the general benefits flowing from government, the California court sustained the ordinance as a familiar fire regulation in a city where the danger from fire is ever present and A terrible fire had occurred in a Chinese laundry in February 1880, prompting the supervisors to call for brick or stone laundries and the fire marshal to claim that the Chinese were as a race careless in the use of However, most witnesses before the supervisors admitted that fires in Chinatown were no more prevalent than in other parts of the city. Perhaps most critically, White American workers came to believe the false tale that the Chinese were coolie labor or indentured servants whose near-slave working conditions were responsible for dragging down wages for all. Fewer will come and fewer will remain. However, since almost all Chinese laundries were located in wooden buildings the ordinance seemed to take aim at Chinese businesses. Yick Wo and the Chinese cases should remind the Court that if it simply gives in to majority assumptions about who owns the social, moral, or material resources of our country, its rulings will inevitably result in serious social harm to minority groups. San Francisco: Chronicle Books, 1988. The selection of a Chinese American mayor for San Francisco is particularly poignant in light of the California legislature's 2009 resolution designating December 17th, the repeal date of the Chinese Exclusion Acts, as a day to remember Yick Wo and recognize the contribution of Chinese and other immigrants to the state of California. 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