Bill Text: CA SR46 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relative to Hong Yen Chang

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-05-27 - Read. Adopted. (Ayes 34. Noes 0. Page 3594.) [SR46 Detail]

Download: California-2013-SR46-Introduced.html

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BILL NUMBER: SR 46	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Beall, Lieu, and Liu

                        MAY 15, 2014

   Relative to Hong Yen Chang.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST



   WHEREAS, Hong Yen Chang, reportedly the first Chinese immigrant to
earn a law degree in the United States and the first to be licensed
to practice law in any state, was denied entry to the State Bar of
California because of discriminatory state and federal laws; and
   WHEREAS, In 1872, 13-year-old Hong Yen Chang arrived in the United
States as part of the Chinese Educational Mission, a program
designed to teach Chinese youth about Western culture; and
   WHEREAS, Mr. Chang attended Hartford Public High School in
Connecticut and then the exclusive Phillips Academy in Andover,
Massachusetts, and after graduating in 1879, Mr. Chang attended Yale
College (now Yale University); and
   WHEREAS, When the Chinese government canceled the Chinese
Educational Mission in 1881, Mr. Chang was forced to suspend his
studies at Yale and return to China but nevertheless, Mr. Chang
returned to the United States, enrolled in Columbia Law School where
he graduated in 1886, and reportedly became the first Chinese lawyer
educated in the United States; and
   WHEREAS, After graduating from Columbia Law School, Mr. Chang
applied for admission to the New York State Bar Association where Mr.
Chang received high marks from the bar examiners; and
   WHEREAS, The New York Supreme Court rejected his application on
the ground that he was not a citizen. Undeterred, Mr. Chang reapplied
for admission and was successful; and
   WHEREAS, In 1887, the New York Court of Common Pleas issued him a
naturalization certificate, and the state legislature enacted a law
permitting him to reapply to the bar and upon his admission, Mr.
Chang became the only regularly admitted Chinese lawyer in the United
States; and
   WHEREAS, After his admittance to the New York State Bar
Association, Mr. Chang applied to the State Bar of California but the
California Supreme Court denied his admission in the unanimous
published decision In re Hong Yen Chang, 84 Cal. 163 (1890); and
   WHEREAS, The California Supreme Court held that Mr. Chang's
naturalization certificate was void and that, as a noncitizen, he was
ineligible for bar membership, despite Mr. Chang otherwise
satisfying the requirements for bar admission; and
   WHEREAS, Because federal law barred Chinese immigrants from
naturalizing, Mr. Chang could not become a citizen and was thus
ineligible to practice law in California; and
   WHEREAS, Mr. Chang's case came in an era of widespread
discrimination against people of Chinese ancestry and at a time when
the Chinese Exclusion Act, enacted by Congress in 1882, banned
Chinese immigration for 10 years and made Chinese residents
ineligible to naturalize; and
   WHEREAS, Congress extended the Chinese Exclusion Act on a number
of occasions and the California Constitution in 1879 dedicated an
entire article to restricting the rights of Chinese residents; and
   WHEREAS, Notwithstanding the discrimination he faced, Mr. Chang
went on to lead a distinguished career in banking and diplomacy; now,
therefore, be it
   Resolved by the Senate of the State of California, That the Senate
calls for Mr. Hong Yen Chang's admittance to the State Bar of
California posthumously to remedy the injustice he suffered and to
send a powerful message about the legal profession's commitment to
justice, diversity, and inclusion; and be it further
   Resolved,  That the Secretary of the Senate transmit copies of
this resolution to the author for appropriate distribution.