Tag Archives: South Dakota

Chew Fen – Merchant then Laborer – Butte, Seattle, Bismarck

On 12 April 1897 the following residents of the city of Butte, Silver Bow County, Montana each swore that he is acquainted with Chew Fen and that they had known him three years or more, that Chew Fen is not a laborer, he was a partner of the firm of Po Ning Tong & Company, dealers in general Chinese merchandise; and doing business at #9 West Calena street in Butte; he was not engaged in manual labor during the last year except as was necessary in the conduct of his business as a merchant, and that he was about to leave for China with the intention of returning to the United States. The affidavit was signed by: Charles. T. Lomas, general merchandise; J. A. Murray, banker; J. S. Hammond, M.D. physician, and witnessed by Francis Brooks, Notary Public.

“Chew Fen, admittance form,” 1898, Chinese Exclusion Act case files, Record Group 85, National Archives at Seattle, Chew Fen (Jung Won Lai), Box 901, File 7032/805.

Chew Fen returned the following year. He was thirty-five years old, a merchant for Po Ping [Ning] Tong & Co., Butte, Montana, was admitted to the United States at Port Townsend, Washington, on 19 August 1898. His admittance form says that he had a scar on the back of his left ear and small scars on the back of his neck. He had lived in San Francisco for ten years and Butte for six years. He could not speak English. He said there were cable and electric cars in Butte, there was no grass in Butte, and it was smoky and foggy. He may have been mixing up some of the characteristics of San Francisco and Butte.

On 22 July 1914 Chew Fen, applied to visit China. He testified that he was 49 years old, his married name was Jung Woon Lai, and his boyhood name was Jung Shu Fun. He had a certificate of deposit for $1,000 at Miners Savings Bank & Trust Co. in Butte. He signed his name in Chinese characters. His application was approved.

He returned on 21 July 1915. When questioned he gave the same information as when he left but added that his wife, Fong She was 39 years old, and had natural feet. He was admitted and received his certification of identity.

In May 1918, Chew Fen applied for a trip to China as a laborer. He gave his married name as Tian Wan Lai, and his boyhood name as Tian Chew Fen. There is no explanation about why these names are different than the names he gave in earlier interrogations. He first entered the U.S. at San Francisco in KS 8 [1882]. He was now living in Butte, Montana and was a laundryman for Wing Lee Laundry. He had been a merchant with the Ho Ning Hong [Po Ning Tong] & Company for seven years until the business closed.

Chew Fen returned in April 1919 and gave his marriage name as Jung Woon Lai. He testified that he had not taken any letters, money, packages, or messages from anyone in the U.S. to give to anyone in China. He had not visited with a U.S. resident or the resident’s home while in China. And he had not attended a wedding of a U.S. resident or the son of a resident. These were common questions asked of returning Chinese. Immigration probably wanted to be sure that the traveler wasn’t laying the groundwork for a “paper son” to come to the U.S. Chew Fen was admitted by a unanimous vote when he returned in May 1919 and he received his certificate of identity.

Chew Fen was living in Seattle when he applied to visit China in October 1922. His witness was Jung Bong, a cannery worker with a certificate of residence who had never been out of the United States. When Chew Fen returned to Seattle in 1923 his medical examination found that he had clonorchiasis “liver fluke, a dangerous, contagious disease.” He was detained, denied admission, and deported on 25 October 1923, a little over three weeks after he arrived.

Chew Fen was reexamined in December 1923 and was disease free. In spite of this, his certificate of identity was cancelled in May 1924. Written in red ink across an 1898 memo from James G. Swan, Port Townsend Immigration Commissioner, “Seattle, Wash., July 29, 1915, Canceled, Certificate of Identity, issued this day [signed] G. H. Mangels, Inspr.”

“Immigration Memo re: Chew Fen,” 1924, CEA case files, RG 85, NARA-Seattle, Chew Fen,7032/805.

Chew Fen did not give up easily. He applied for readmittance in November 1924 and obtained a Nonquota Immigration Visa. Maurice Walk, American Vice Consul at Hong Kong certified a Chinese Overtime Certificate for Chew Fen and F. Pierce Grove, M.D. PhD declared Chew healthy. Chew Fen, age 57, was admitted and received a new certificate of identity shortly after he arrived at the Port of Seattle on 27 December 1924. He gave his place of residence as Bismarck, South Dakota.

“Chew Fen, Nonquota Visa” 1924, CEA case files, RG 85, NARA-Seattle, Chew Fen,7032/805.

Chew Fen applied for a return certificate in December 1930, but the application was cancelled in June 1931. It doesn’t say who cancelled the application–immigration or Chew Fen. No reason was given and there was no more information in the file. [I have been unable to find more information from various sources.]

Charley Wing – Merchant or Laborer?

Charley Wing photo 1894
“Photos of Charley Wing, 1894 & 1919,” Chinese Exclusion Act case files, RG 85, National Archives-Seattle, Charles Wing, alias Chin Poon Leong file, Seattle, Box 1301, Case 38575/8-2

Wing Charley 1919

In December 1919 Charley Poon Wing was anxious to visit his sister in China before she died–she was very old, in ill health, and he had not seen her since they were children. Before he left The U.S. he applied to re-enter the country as a returning domiciled merchant. Although he was a laborer many years ago, he now considered himself a merchant. On his return trip Wing arrived in Seattle, Washington on 18 April 1921 on the S.S. Princess Alice but was denied admittance. His case was appealed and he was finally admitted on 6 June 1921. [He spent almost two months at a detention center waiting for the final decision.]
Wing first entered the U. S. at San Francisco in 1875 at the age of ten and remained here continuously until 1919. He was a citizen of South Dakota, owned property worth about $600, paid taxes, and was a registered voter. He voted until he was prohibited by the Chinese Exclusion Act in 1892. He had a certificate of residence No. 135,817, issued at Omaha, Nebraska in May 1894.
Charley Wing applied for readmission as a merchant but under the provision of the Exclusion Act he was deemed a laborer. Because the immigration authorities thought he was trying to enter fraudulently he was subject to deportation. An appeal was made and he was landed as a returning laborer issued nunc pro tunc. [Latin for “now for then,” this refers to changing back to an earlier date of an order, judgment or filing of a document. See Law.com]
Harry L. Gandy, a former member of the U. S. House of Representatives, and a friend of Charley’s, testified that he had known Wing many years and that he should be admitted as a citizen of the state of South Dakota. Gandy wrote a very convincing letter in Wing’s favor explaining that Wing was now an old man and if he was not admitted and forced to go back to China, he will probably die there, alone.
Mr. J. S. Gantz, testified that he had known Charley Wing over 30 years and that Wing had voted prior to 1889 when the Enabling Act [when South Dakota became a state] was passed. Wing was the manager and head cook at the Chicago Restaurant in Rapid City. [Because Wing also did manual labor as head cook, the immigration authorities considered him a laborer.]
According to the records of the Register of Deeds of Pennington County, Wing was the owner of lot 8, block 7, Feigel’s East Addition in Rapid City assessed at $400. Although Wing was the manager of the restaurant, Robert F. Davis, Immigrant inspector, did not think he qualified as a merchant.
Yee Sing Wah and Yee Wah Ong, partners at Chicago Café, testified that Charley Wing was a partner in the Cafe.
Louis W. Napier, the proprietor of a soft drink place in Rapid City, testified that he had known Charley Wing for 25 years. He said he wouldn’t classify him as a merchant but he was a businessman. His definition of a merchant was one who deals in merchandise although Wing was the proprietor of several restaurants over the years. “He always contributed to any cause, churches and civic movements, campaign finds, etc.”
George F. Schneider, president of Pennington County Bank, testified that he had known Charley Wing for over ten years. Schneider thought Wing was a merchant and in charge of supervision of his restaurant who also did manual labor as a cook so in the strict definition of the Act he was not a merchant.
Affidavits testifying to the good character of Charley Wing were filed by W. L. Gardner, a furniture dealer in Seattle; James B. Barber, a contractor and builder; Charles A. Whitson and Guy Wing, both workers at Wing’s Cafeteria; and Edmund Smith, a lawyer in Seattle.
In the five-page statement filed by Smith & Chester, Wing’s attorneys they reiterated all of Charley Wing’s qualities and point out the sad predicament he was in. They said Wing was denied re-admission because he stated he was a “restaurant man” when he left and a “merchant” when returned. They said, “The government does not mean for its functions to serve as a trap, nor to use this kind of a mistake as a snare for the unwary.” They ended their plea,

“Exercising the broad discretion given to the Secretary of Labor, we earnestly request that the decision of the local board be set aside and an order be entered nunc pro tunc, admitting appellant under his true status, if he cannot be admitted as a merchant.”

Charley Wing was admitted on 6 June 1921.