Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-16
THE CASE OF JUDGE HoFPMAN-THE
ATTEMPT TO INTIMIDATE A COURT.

1t has been the misfortune of Judge
Hoffman, of the United States District
Court at San Francisco, to have brought
before him the Chinese claiming the right
to land, in contravention of the Regtric-
ton Act, from recently. arrived ships from
China. He has been forced to pass upon
these cases under the most trying circum-
stances, and or testimony of the most con-
flicting and entangling character. He has
had presented to HIM questions not only
wholly new, but exceedingly intricate. He
has had to construe and apply an Act
which, on its face and by its operation, is
opposed to the ordinary rules of law and
the customs existing between most nations
that is, in short, a new factor and strange
one in international law.
Now it is a we'll. known fact that in seven
cases out Of ten-we do not think the pro-
portion ggeratsd-legislators are not
able to frame laws that will express upon
their face exactly what they intend, and
that are wholly free from other interpreta-
ton. That is to say, in the majority of
cases, the Courts being compelled to seek
for and ind the intent of the Legislature in
the words of the Act, the law is found
to fall short Of, go beyond its real purpose,
or to be crippled in its operation by
doubtful provisions or ambiguous language.
Take, for instance, in the case OF the
Restriction Act, the word trader p
who shall say what it means? How shall
it be construed, with Chinese officials Civ.
ing it on the other side one Interpretation,
and we on this side another: The Restric
tionActhappens to be by no means aperfect
law. It would be strange, indeed, if
first attempt in this direction should be
fawless.
Because the Court has had great difficulty
in enforcing it, and at the same time in
steering it between other legal principles
which it cannot suspend, as, the right to be
admitted to bail, the right to be heard on
the writ of habeas corpus, the right to
testify, etc, a goodly number of people
have allowed their impotence to get the
better of their Judgment, and have fallen
to abusing Judge Hoffman, questioning his
sincerity and even impugning his judicial
and personal integrity. We have been aud
are urgent for the enforcement Of the Re.
strichon Act and the exclusion of profit
less and undesirable immigration from
China. We insist that legislation shall
give US a law to meet all the defects OF the
present one, and that shall be in no wise
ambiguous. We hold that this people has
the right to say and should declare whom
it will admit to the high privileges OF resi-.
dence in the republic and that America
should not be made "catch.all" for the
dregs OF humanity and those who cannot
become OF us aud assimilate with us.
We do not happen u know Judge Hofi.
man, bat we have observed his coursgupon
the bench for twenty four years of the
thiIty he has worn the erm:ue. and have
given especial attention to his rulings in
the cases arising under the Restriction Act.
and do net hesitate to say that the assaults
made upon him are not only ungenerous.
but unjust, cruel, and without any foupda-
ton whatever. We do not wonder that he
has felt the necessity of descending from
the bench and entering his protest against /
the storm Of vituperation hurled against
him. San Francisco was recently disgraced /
by its local Legislature, which passed reso. |
lutiOns demanding the Impeachment; of the
Judge. Monday night, hot blood having
coeled somewhat, tie matter was recon. /
sidered, and the resolutions were lost BIZ
tie vOte-a vote not at all complimentary
to the intelligence of a body supposed to
be representative of the people OF the me.
tropolis of California. 1t ia a sad spectacgs
when a community is thus placed in the
attitude OF attempting to intimidste a
Federal Court. Local political clubs have
Joined in the angry snarl, the press to
some extent has assaulted the Court, and
sven serious-minded Senators and lawyers
1t the East have been hssty in declaring
hat the Court bas sought to find the loop.
loles in the law-as rule the loopholes