Page:Federal Reporter, 1st Series, Volume 1.djvu/492

 4:84 FEDEEAL EEPOETEK. �manner or capacity, upon any work or business of such cor- poration, any Chinese or Mongolian, is K^ilty of a miscle- meanor, and is punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment in the coimty jail of not less than 50 nor more than 500 days, or by both such fine and imprisonment; provided, that no director of a cor- poration shall be deemed guilty under this section who re- fuses to assent to such employment, and has such dissent recdrded in the minutes of the board of directors. �"1. Every person who, having been convicted for violating the provisions of this section, commits any subsequent viola- tion thereof after such conviction, is punishable as follows : �"2. For each subsequent conviction such person shall be fined not less than $500 nor more than $5,000, or by impris- onment not less than 200 days nor more than two years, or by both such fine and imprisonment. �"Sec. 2. A new section is hereby added to the penal code, to be known as section 179, to read as follows: �"Sec. 179. Any corporation now existing, or hereafter to be formed under the laws of this state, that shall employ, directly or indirectly, in any capacity, any Chinese or Mon- golian, shall be guilty of a misdemeanor, and, upon convic- tion thereof, shall, for the first offence, be fined not less than $500 nor more than $5,000 ; and, upon the second conviction, shall, in addition to said penalty, forfeifc its charter and fran- chise, and ail its corporate rights and privileges, and it shall be the duty of the attorney general to take the necessary eteps to enforce such forfeiture. �"This act shall take effect immediately." �It is claimed on behalf of the petitioner that this provision of the constitution, and the law passed in pursuauce of it, are void because in violation of the fourteenth amendment of the constitution of the United States, and the law passed to enforce its provisions known as the civil rights law ; and also of the treaty between the United States and the Chinese Empire, commonly called the Burlingame Treaty. �The fourteenth amendment enacts that "no state shall deprive any person of life, liberty, or property, without due ��� �