Page:Federal Reporter, 1st Series, Volume 2.djvu/631

 Ô2e .- FJSDEBAL ilEiaiiTEIt. �fn re Wong Tung Quy, on haheas eorpus. �(Circuit Court, D. California. May 24, 1880.) �Constitution— DisiNTERMENT op Chinese.— The statute of California making it an offence to disinter or remove f rom the place of burial the remains of any deceased person without a permit, for which a fee of of the constitution of the United States, providing that " congress shall have power to regulate commerce with for^ign nations." �Bamb. — Nor does it violate subdivision 2 of section 10, article 1, provid- ing that "no state shall, without the consent of congress, lay any im- post or duties on * * * exports." �Bame. — Nor is it in conflict vrith the fourtoenth amendment, wiiich pro- hibits any state from denying to " any person within its jurisdiction the equal protection of the laws." �Bame.— Tebatt with China. — Nor does it violais the fourth article of the treaty with China, called the Burliiigame treaty, which provides that " Chinese subjects in the United States shall enjoy entire liberty of conscience, and shall be exempt from ail disability or persecution on account of their religions faith or worship." 16 Stat. 740. �Samb. — The act is a sanitary measure within the police powers of the» state, and as such is valid. �A CoHPSB 18 NOT PHOPERTr, and the remains of human beings carried out of the state for burial in a foreign country are not exports, within the meaning of the clause of the national constitution prohiblting the laying of imposts or duties by the state upon exports. �Oeo. E. Bates and J. M. Rothchild, for petitionor. �Crittenden Thornton, for respondent. �Sawyek, C. J. On April 1, 1878, the legislature of Califor- nia passed an act entitled " An act to protect public health from infection, caused by exhumation and removal of the remains of deceased persons," sections 1, 2, 3, 4, and 6 of which are as foUows : �"Section 1. It shall be unlawful to disinter or exhume from a grave, vault, or other burial place, the body or re- mains of any deceased person, unless the person or persons BO doing shall fl^st obtain from the board of health, health officer, mayor, or other head of the municipal governtnent of the city, town, or city and county where the same are deposited, a permit for said purpose. Nor shall such body or ����
 * 10 must be paid, does not violate subdivision 3 of section 2, article 1