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An Act to prevent the kidnapping and importation of Mongolian, Chinese and Japanese females, for criminal or demoralizing purposes.
[Approved March 18, 1870.]
 
 

WHEREAS, the business of importing into this State Chinese women for criminal and demoralizing purposes has been carried on extensively during the past year, to the scandal and injury of the people of this State, and in defiance of public decency; and whereas, many of the class referred to are kidnapped in China, and deported at a tender age, without their consent and against their will; therefore, in exercise of the police power appertaining to every State of the Union, for the purpose of remedying the evils above referred to and preventing further wrongs of the same character. 

The People of the State of California, represented in Senate and Assembly, do enact as follows: 

SECTION 1. It shall not be lawful, from and after the time when this Act takes effect, to bring, or land from any ship, boat or vessal, into this State, any Mongolian, Chinese or Japanese females, born either in the Empire of China or Japan, or in any of the islands adjacent to the Empire of China, without first presenting to the Commissioner of Immigration evidence satisfactory to him that such female desires voluntarily to come into this State, and is a person of correct habits and good character, and there upon obtaining from such Commissioner of Immigration a license or permit particularly describing such female and authorizing her importation or immigration. 

SEC. 2. Any master, officer, owner or part owner of any steamship, sailing or other vessel, or any other person violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or imprisonment for a term not less than two nor more than twelve months, or by both such fine and imprisonment. 

SEC. 3. Every individual person of the class hereinbefore referred to, transported into this State contrary to the provisions of this Act, shall render the person so transporting liable to a separate prosecution and penalty, and the transportation of each one as aforesaid shall create a separate and distinct offense, and render the person offending liable to the pains and penalties herein provided. 

SEC. 4. The Commissioner of Immigration shall reside and keep his office in the City of San Francisco, and perform all that duties assigned to him by this Act, and also all such duties and functions as may devolve upon such Commissioner under the laws now in force. He shall hold his office for the term of four years, and shall be subject to removal by the Governor. Before entering upon his duties, the Commissioner shall take and subscribe the constitutional oath of office, and file in the office of the Secretary of State a bond in the sum of twenty-five thousand dollars, with sufficient sureties, to be approved by the Governor, conditioned for the faithful performance of his duties. The office of Commissioner of Immigration, as it now exists, is hereby declared vacant. 

SEC. 5. All fees and commissions collected or received by the Commissioner of Immigration shall, less twenty per cent retained as his fees and commissions be paid by him into the State treasury each month, and a details statement of the same, verified by oath, shall be, at the time of each payment, filed by him in the office of the Controller of State. Such stationery as he may require shall be furnished to him by the Secretary of State. SEC. 6. The County Courts throughout the State shall each have jurisdiction of prosecutions for offenses against the provisions of this Act. 

SEC. 7. All Acts and parts of Acts, so far as they may be in conflict with the provisions of this Act, are hereby repealed. 

SEC. 8. This Act shall take effect and be in force from and after its passage. 


 
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Thanks to Derrick Bell and his pioneer work: 
Race, Racism and American Law
(1993).