Poon v Miller

• Docket Number: Case No. 232
• Date: 02 November 1921
• Court: Court of Appeals of Texas

United States, Texas Court of Civil Appeals, San Antonio.

Case No. 232

Poon

and

Miller.

Aliens — Position of — Discrimination Against — Engaging in Trade — Regulation of State Property.

Commercial Treaties — Interpretation of — Right to Engage in Trade — Limitations of.

Treaties — Operation and Enforcement — Overriding Conflicting State Law — Interpretation — Alien's Privilege of Engaging in Trade.

The Facts.—The plaintiff, a Chinese subject residing in Texas, bought fish-market space from the defendant and secured from him a contract that the defendant would not engage in the fish business in the city. The defendant failed to keep his agreement. The plaintiff sued for damages and an injunction. The Treaty between China and the United States provided for most-favoured-nation treatment. (22 U.S. Stat. L. 827.) The plaintiff claimed to be entitled, under the Treaty, to the privilege of engaging in trade and doing anything necessary or incident thereto on the same terms as citizens. The lower Court found for the defendant on the ground that a Texas statute (Vernon's Sayles' Statutes, Art. 3987) prohibited engaging in the wholesale fish-dealing business without a licence, which should not be granted to...