l'ETTIT t1. 'XOWN 011 a:OPlll.
THE TOWN OF HOPE.
(Oi'l'cuit Court, No D. New York. May 20,1880.)
COUPONS-PAYABLE TO BEARER-A.BBIGNEE OF CAUBE OF ACTION.-The
holder of a coupon payable to bearer is not an assignee of a cause of action within section 1, act March 3, 1875, (18 U. B. St. at Large 470.)
DEMURRER-FACTS RELIED UPON IN BUPPORT OF, NOT PLEADED.-Ques-
tions raised in argument as the ground of demurrer ought not to be disposed of on a demurrer to a complaint failing to make averment, of facts in the cause which it is claimed vitiate the proceeding. They can only be disposed of when developed on the trial.
Parkhurst wBaker, for plaintiff. J. M. Carroll, for defendant.
BLATCHFORD, C. J. This suit being on coupons, it must be held, according to the decision in Cooper v. Town of Thompson, (13 Blatchford, C. C. R. 434,) that the holder of a coupon, payable to bearer, is not an assignee of the cause of action, within section 1 of the act of March 3, 1875, (18 U. S. St. at Large, 470.) I Although the adjudication of the county judge is alleged to have been made on November I, 1872, yet the complaint avers that the application to the county judge was made after the passage' of the act' of 1869, and before the issuing of the bonds. The complaint does not show that. the application ,was made after the amendatory act of May 12, 1871, was passed. It may have been made before that. If made before that, the application seems to conform to the act of 1869. The questions raised in argument, as the demurr,er by the defendant, ought not to be disposed of on a demurrer to a complaint which fails to make the averment of what is claimed by the defendant to vitiate the proceeding. Those questions can properly be considered only when all the facts are brought out on a trial. The demurrer is overruled, with leave to the defendant to answer the complaint in 20 days on payment of costs.
WONG YUNG QUY,
on habeas corpus.'
(Oircuit Court, D. Oalifornia. May 24, 1880.)
CONSTITUTION-DISIXTER:UENT Oll' CHINEsE.-The statute of Californi& making it an offence to disinter or remove from the place of burial the remains of any deceased person without a permit, for which a fee ot $10 must be paid, does not violate subdivision 3 of section 2, article 1 oIthe constitution of the United States, providing that" congress shali have power to regulate commerce with nations." BAME.-Nor does it violate subdivision 2 of section 10, article 1, providing that" no state shall, without the consent of congress, lay any impost or duties on "" ,.. · exports." SAME.-Nor is it. in conflict with the fourteenth amendment, which prohibits any state from denying to "any person within its jurisdiction the equal protection of the laws." SAME.-TREATY WITH CHINA.-Nor does it violate the fourth article of the treaty with China, called the Burlingame treaty, which provides that" Chinese subjects in the United States shall enjoy entire liberty of conscience, and shall be exempJ from all disability or persecution on account of their religious faith or worship." 16 Stat. 740. 8AME.-The act is a sanitary measure within the police powers of that state, and as such is valid. A (JORPSE IS NOT l'ROPERTY, 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 constit.ution prohibiting the laying of imposts or duties by the state upon exports.
Geo. E. Bates and J. M. Rothchild, for petitionm·. Crittenden Thornton, for respondent. SAWYER, C. J. On April 1, 1878, the legislature of California 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, 8, 4, and 6 of which are as follows: "Section 1. It shall be unlawful to disinter or exhume from So grave, vault, or other burial place, the body or remains of any deceased person, unless the perl:lon or persons so doing shall :ij.rst obtain from the board of health, healt4 officer, mayor, or other head' of the municipal government of the city, town, or city and county where the same are deposited, a permit for said purpose. Nor shall such body 01'