Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-28
TsRBE JUDGES or TIE EEsTRICTI0u
ACT.

ACT
Much misrepresentation has Obtained rela-
tive to the Chinese Restriction Act and
the Interpretation of it by the United
States District Court. The United States
Circuit Court, on Saturday, with thTee
Judges sitting, has now passed upon the
points cut Of which grew the recent cap
tious criticisms Of the District Court, The
Judges hold that the fault has been not
with The ratings of toe Court but with the
antiquities and blindness of the law.
Even, at the best, they fad it impossible
to construe it with entira satisfaction, or
without entertaining some doubts as TO the
real intention Of ConLress-and which, of
course, cla be gathered only from the Act
itself The decision is one Of much i'm
por1ance and will clear the public mind Of
misrepresentation.
The three Judges are unanimous that lll
Chinese immigrants detained on shipboard
by the United States officers have the
right to the privileges Of the writ of aabeas
corpus Pending decision the immigrant
is under the control OF the Court. % The
Court is bound to admit anyone under its
control, save in the excepted cases, to bail.
81 The Court caunos hold the ship from
sailing that brings Joe immigrant. The
law gives no such authority. Detention
would interfere with the United States
mails ana with the commerce of the coun.
try. The master Of the ship receives the
immigrant with pyiola joc,e evidence Of his
right to land. He cannot set up a Court
Of Inquiry as to the validity or
truth Of she certiGcats the passenger
holds, a. the Court sin always, when
proceeding on wit Of habeas corpus is
concluded aad the person remanded, en-
doavor if possible to return the party to
the custody from which taken. Bat ii the
ship mas departed from which the Chinese
are taken, the Cour: mus. hold them to
bail for reasonable time to await the or
der Of the President Of the United States
for the return of tae immigrants to China.
The Act on THE point 10 exceedingly vague
Thus the twelfth section reads:
That amy Chinese person found unlawtul1y within
the Unto. states shall be caused to be removed
tnervti'm % the couaty from whence he came by
direction OF the Preside It OF the United States and
at The 81 e the United States alter being brought
before some Justice, Judge or Commissioner Of A
Cuur ot tine United States aud found to be one not
StVcs
The law, it viii be seen, does not give
power by expression to the Judge, Justice
or Commissioner TO do any special taing
with the passenger If he is found not en-
titled to land. So, the Judges agree, the
Powe- must be held by implication to
be conferred by the law to commit the pas.
sengsr to prison or admit him to bail
pending the arrival Of the Presidential
order, 81 The order Of the President
may be general IS 20 all cases, or
special as to one, aud either retro.
spective or prospective. 1t will be
directed So the Marshal or Collector.
who must purchase tckets and ship
the remandei persons back to China
in all cases where tde snip has departed
which brought them here i6) These pas
sengers are not criminals, nor charged with
crime, and arc not held for punishment :;
but are met at the threshold of the country
with denial Of right Of entry, and there
fore have not the right of trial by jury.
As well might one held in quarantine witt
smallpox demand the right of trial by
jury. a. Bat the immigrants cannot bo
detained indefinitely. Within a reason
able time the order of the Government
must be made for their return.
These rulings clearly settle matters out
of which have grown most of the hasty as.
saults upon the District Court. It is
shown. as we have all along held, that
the Restriction Act is very defect.
i've, and needs amendment. 1t lacks
detiniteness; it i5 faulty in failing to
provide means for its execution; it is
detective because Of the absence of sec
ton erecting commission to hear the i'm
migration cases, and with power to hold,
remand 0: reship.