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 unlawfulpractices 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 attorneygeneral 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 that 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, W. F. SANDERS, J. U. 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 MOREhart, 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. J 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, sc 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 .aws 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 |
