Opinion by Matthews, J. In reference to the petitioner brought here by writ of error to the Supreme Court of California, our jurisdiction is limited to the question, whether he has been denied a right in violation of the Constitution, laws, or treaties of the United States. This court differs from the Supreme Court of California upon the real meaning of the ordinances in question. Barbier v. Connolly, 113 U. S. 27; Soon Hing v. Crowley, 113 U. S. 703, explained. "The ordinance drawn in question in the present case is of a very different character." The right of municipal bodies to pass ordinances and apply them discussed. Ohio v. Cincinnati Gas - Light, &c. Co. 18 Ohio St. 262; Baltimore v. Radecke, 49 Md. 217. "Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution." Henderson v. Mayor of N. Y. 92 U. S. 259; Chy Lung v. Freeman, 92 U. S. 275; Ex parte, Virginia, 100 U. S. 339; Neal v. Delaware, 103 U. S. 370; Soon Hing v. Crowley, 113 U. S. 703. Yick Wo v. Hopkins, Wo Lee v. Hopkins, 118 U. S. 356. PILOTAGE FEES. Georgia Code, § 1512, relating to pilotage fees conflicts with Constitution of the United States. That section and some sections of Rev. Sts. U. S. relating to pilotage fees discussed. Spraigue v. Thompson, 118 U. S. 90. DOMESTIC WINES. The act of Georgia known as the "Local Option Law," exempts from its provisions domestic wines, though it prohibits the sale of spirituous liquors, including wines. Held, that it was not competent for a legislature thus to discriminate between wines made in Georgia and the wines of other states and foreign wines. Tiernan v. Rinker, 102 U. S. 123. Weil v. Calhoun, 25 Fed. Rep. 865. REGULATION OF COMMERCE QUARANTINE FEES. The requirement that each vessel passing a quarantine station shall pay a fee fixed by statute, for examination as to her sanitary condition, is a compensation for services rendered the vessel, and is not a tax within the meaning of the Constitution concerning tonnage tax. The system of quarantine laws established by statutes of Louisiana is a rightful exercise of the police power. Morgan Steamship Co. v. Louisiana Board of Health, 118 U. S. 455. VIRGINIA COUPON CASES. Poindexter v. Greenhow, 114 U. S. 270, was again followed in Norfolk Trust Co. v. Marye, 25 Fed. Rep. 654. INFAMOUS PUNISHMENT. The definition given in Ex parte Wilson, 114 U. S. 417, applied in United States v. Tod, 25 Fed. Rep. 815. DUE PROCESS OF LAW. An act to prohibit the sale of liquor is not unconstitutional; although liquor dealers charge that its operation will injuriously affect their property and contracts, and vested rights in such an act is under the police power of a state. Weil v. Calhoun, 25 Fed. Rep. 865 (Circ. Ct. No. D. Ga.). But in State v. Walruff, 26 Fed. Rep. 178, it was held by Judge Brewer that the Kansas prohibition acts, so far as they impaired or rendered valueless the property of persons previously engaged in the manufacture of beer, were unconstitutional. The Fourth, Fifth, Sixth, and Seventh Amendments contain no limitations or restrictions on the powers of the state. "A state may absolutely prohibit the manufacture or sale of intoxicating liquors. No state supreme court has denied the power, and the Supreme Court of the United States, both before and after the adoption of the Fourteenth Amendment to the Constitution, have often and expressly confirmed it." License Cases, 5 How. 504; Beer Co. v. Mass. 97 U. S. 25. — Brewer, J., in State of Kansas v. Bradley, 26 Fed. Rep. 289 (Circ. Ct. E. D. Kans.). FOURTEENTH AMENDMENT CITIZENSHIP. The Fourteenth Amendment does not make a resident in a state a citizen of such state, unless he intends by residence therein to become a citizen. Sharon v. Hill, 26 Fed. Rep. 337. [Deady, J., Cal.] POLICE POWER. FOURTEENTH AMENDMENT A city ordinance making it an offence for any person to carry on a laundry where clothes are washed for pay within the habitable portion of the city is unconstitutional; such ordinance is not within the police power of a state. In re Tie Loy, 26 Fed. Rep. 611. [Sawyer, J., Circ. Ct. Cal.] CHINESE RESIDENTS. Rev. Stat. § 5519, so far as it embraces a conspiracy to deprive Chinese residents of a state of the privileges and immunities secured to them by existing treaties, is unconstitutional. In re Baldwin, 27 Fed. Rep. 187. COUNTERFEITING. Counterfeiting the securities of a foreign nation is an offence against the law of nations within the meaning of section 8, of article I., of the Constitution of the United States. - U. S. v. White, 27 Fed. Rep. 200 (Circ. Ct. Missouri). CITIZENSHIP FOURTEENTH AMENDMENT. A person born within the United States, of Chinese parents residing therein, and not engaged in any diplomatic or official capacity under the emperor of China, is a citizen of the United States. In re Look Tin Sing, 10 Sawyer, 353. TAX LICENSE. The power "to license," as a means of regulating a business, implies the power to charge a fee therefor sufficient to defray the expense of issuing the license, and to compensate the city for any expense incurred in maintaining such regula tion. Whenever it is manifest that the fee for the license is substantially in excess of what it should be, it will be considered a tax, and the ordinance imposing it held void. In re Wan Yin, 10 Sawyer, 532. FOURTEENTH AMENDMENT PROSECUTION BY INFORMATION. Where a state constitution provides for the prosecution of felonies by information, such proceeding by a state is not a violation of the Fourteenth Amendment. State v. Boswell, Ind. Jan. 1886, 7 Cr. L. Mag. 743. qualifications of, 141, 142. AGENTS, GOVERNMENTAL, have no powers but those held by their principals, 65. AMBASSADORS, cases affecting, 632, 633. AMENDMENT, power of, 72, 76. no limit upon, 72, 73. mode of exercising power of, 74, 75. proposed XIVth, 156. Xth Amendment, 67. XIIIth, abolishing slavery, 76. effect of, on representation, 127, 128. proposed remedies, 139, 140, 141. the XIVth Amendment, 174. judicial interpretation of XIVth Amendment, 170, 174–179, 660, XVth, discussion of and cases under, 202–214. IVth and Vth Amendments, 666-668. Vth Amendment, 670. XIth Amendment, 671. AMENDMENTS TO CONSTITUTION, cannot be vetoed by President, 117. limiting the general government, 148. the first eight do not apply to the states, 150-153. |