In the 1899 case of Chew Hing Lung v. Wise, Collector, the U.S Supreme Court dealt with an issue related to import duties on opium. The petitioner, Chew Hing Lung, argued that he was unfairly charged a duty fee for importing smoking opium into San Francisco from Victoria in British Columbia because at the time of shipment (July 1st), there were no laws imposing such fees. However, by the time it arrived and was collected (after July 29th), a law had been enacted which imposed these charges. The court ruled against him stating that according to Section 28 of Customs Administrative Act passed in June 10th ,1890; goods are liable for any changes in duty rates between their shipment and collection dates if they arrive more than ten days after being shipped out from last foreign port.

In the dissenting opinion for Chew Hing Lung v. Wise, 1899, Justice Harlan argued that the majority's decision was inconsistent with previous rulings of the Court and violated principles of equal protection under law. He contended that Congress did not have unlimited power to exclude or expel aliens from U.S territory based on their nationality or race. Harlan believed this case involved a violation of an individual’s personal liberty without due process of law as it denied Chinese laborers who had previously resided in America and left temporarily, re-entry into the country despite having certificates confirming their prior residence. The justice also expressed concern about potential misuse of such broad congressional powers against other racial or ethnic groups in future cases if unchecked.