Territory of Washington,)
Third Judicial District.) ss.
In the District Court holding terms at the City of Seattle.
In the matter of the Application of Ah Foong for a writ of Habeas Corpus. ) Judgement.
And now on this 22d day of January, 1886, the Court having heretofore heard and considered the petition of the applicant for a writ of habeas corpus, and the return to the writ made by William Murphy, acting Chief of Police of the City of Seattle, on file herein, and the arguments of L.C. Gilman, Esq., attorney for said applicant, and C.H. Hanford, attorney for the respondent, and being now sufficiently advised in the premises, finds: That Ah Foong, the said applicant, was, on the 19th day of January, 1886, at the City of Seattle, in King County, Washington Territory, duly convicted before George G. Lyon, a Justice of the Peace in and for said County, of the offense of being engaged in the business of a peddler within the City of Seattle, without having obtained a peddler's license from said City of Seattle, in violation of a certain ordinance of said City, entitled "An Ordinance to License, Tax and Regulate Auctioneers, Hawkers and Peddlers." and sentenced by said Justice of the Peace to pay a fine of five dollars, and costs, amounting to the further sum of eleven and 85-100 dollars, and that on the same day, by said Justice of the Peace, he, the said Ah Foong, was duly committed to the custody of the Chief of Police of said City of Seattle, for his default in not paying said fine and costs, to be confined in the jail of the said City at hard labor for the space of sixteen days, unless said fine and costs be sooner paid, and the same have not been paid, and said term of imprisonment has not yet expired; and the said Ah Foong is now held in custody by said Chief of Police by virtue of a warrant of committment issued by said Justice of the Peace as aforesaid.
And that said Ah Foong is a subject of the Emperor of China, and one who has not declared his intentions to become a citizen of the United States, and to whom a license to peddle is not grantable under the ordinances of the City of Seattle.
And for the causes aforesaid the Court denies the petition of said applicant for a writ of habeas corpus.
Wherefore, by virtue of the law, and by reason of the premises, it is considered and adjudged by the Court, that the said Ah Foong, the said petitioner, be, and he is hereby, remanded to the custody of the respondent, William Murphy, acting Chief of Police of the City of Seattle, to be by him held as commanded in the warrant of committment aforesaid.
And that the said respondent do have and recover of and from the said Ah Foong the costs of this proceeding, taxed dollars, and that execution issue therefor.
Enter
Greene
