Page:Federal Reporter, 1st Series, Volume 1.djvu/491

IN EB TIBURCIO PARBOTT. eSt �Bectiok 31, Art. 4, of thb CousTiTaTiON op Calipoenia, wWcJ» provides that ail general lawa passed for the ■formation of private corporations may be altered from time to time, or repealed, does net authorize the legislature to forbid the employaient by corporations of persons of a particular class or nationality. Roffman, D. J. �Consequences of a. Persistent Violation of TnBA.TiKS bt a State DiscussED, and attention called to the stringent criminal laws passed by congress to enf orce the fourteenth amendmeat. �Haheas Corpus. �HaU McAllister, Delos Lake and T. I. Bergin, for peti- tioner. �A. L. Hart, Attorney General; David L. Smoot, State Dis- trict Attorney; Crittenden Thornton, Davis Louderback and Robert Ash, for respoudent. �HoFFMAN, J. The return in this case shows that the peti- tioner is imprisoned for an allege d violation of the act of the legislature of this state, approved February 13, 1880. �Article 19, § 2, of the recently adopted constitution of thia state is as foUows : �"No corporation now existing, or hereafter formed under the laws of this state, shall, after the adoption of this con- stitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolians. The legislature shall pass such laws as shall be necessary to enf orce this provision. " �In pursuance of this mandate the legislature enacted the law under which the petitioner has been arrested. It is as follows : �"An act to amend the penal code by adding two new sec- tions thereto, to be known as sections 178 and 179, pro- hibiting the employment of Chinese by corporations. "The People of the State of California, represented in Senate and Assembly, do enact as follows : �"Section 1. A new section is hereby added to the penal code, to be numbered section 178. �"Sec. 178. Any officer, director, manager, member, stock- holder, clerk, agent, servant, attorney, employe, assignee, or contracter of any corporation now existing or hereafter formed under the laws of this state, who shall employ, in any ��� �