26. That in pursuance of said conspiracy and combination in the sixth and seventh findings herein specified, and during 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.

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

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 Shom, 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 Yuk, 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 or in said county any libelous or defamatory pictures, transparencies, mottoes, ban

ners, 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 injunetion 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.

Filed and entered May 18, 1900.

HIRAM KNOWLES, Judge.

GEO. W. SPROULE, Clerk, By CW. 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, Quan 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 Ning 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, Quang Lung Chung, Quan Quach Lung, Ông Du Fon, Quang 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 Chin, 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.

Mr. Hay to Mr. Wu.

No. 188.]

DEPARTMENT OF STATE,
Washington, December 4, 1901.

SIR: Referring to your note No. 207, of July 6 last, presenting the claims of several hundred Chinese subjects resident in the city of Butte, Silverbow County, Mont., for $500,000 damages for injuries received by them at the hands of lawless parties in said city and county between the year 1886 and the date of your note, I have the honor to inform you that the Department has given careful consideration to your note and its inclosure.

It is clearly shown that the rights of the Chinese subjects mentioned were violated by the boycott placed upon them by various labor organizations of the city of Butte, and it is equally obvious that for the redress of their grievance an adequate remedy was and is afforded by the courts. The proof of these facts is found in the findings and decree of the Federal court enjoining the defendants from the commission of the acts complained of.

While it is stated in your note that the conspirators are still seeking to execute their conspiracy by clandestine means; that the persons who inflicted the damages are insolvent, and that no remedy can be found by proceedings against the city or county authorities, yet neither of these allegations seems to the Department to warrant the exercise of diplomatic intervention.

The damages suffered could have been averted by a prompt appeal to the court; and the facts that the complainants have suffered_damages through their laches in making the appeal does not justify a departure from the ordinary rule that diplomatic intervention is improper in any case where ample judicial remedies exist. If the complainants had promptly availed themselves of their remedial rights, the injuries complained of could have been prevented. Their failure and neglect to do so does not make the United States culpable and responsible for the damages resulting.

The statement that the conspirators are still seeking to execute their conspiracy by clandestine means is one which, to justify action, should be sustained by proofs, on the submission of which to the court it is not doubted that the penalties for disobeying the injunction will be applied.

The statement that no remedy could be found against the unlawful action of the city or county authorities in aid of the conspirators, the Department is unable to accept as correct in point of law.

The Department is glad to be able to assure you that while the action of the Federal court is sufficient proof that the rights of the subjects of the Empire of China domiciled in the city of Butte will be protected and enforced by the judiciary, it may yet add that the Executive will not fail, should the case arise justifying its interposition, to use all its power to secure to them all the rights, privileges, immunities, and exemptions guaranteed by the United States Constitution and by treaty between the Governments of the United States and China.

Accept, etc.,

JOHN HAY.

CONDOLENCES ON ASSASSINATION OF PRESIDENT MCKINLEY.

Mr. Wu to Mr. Hay.

CHINESE LEGATION, Washington, September 18, 1901.

SIR: I have the honor to state that I have received an Imperial edict, a translation of which is herewith respectfully inclosed.

In obedience to the command of the edict, I beg to express to your Government the feelings of deep sympathy and sorrow which Her Majesty the Empress Dowager and His Majesty the Emperor share with the Government and people of the United States.

Accept, etc.,

WU TING-FANG.