Los Angeles daily herald., 1885-12-20

WAsHNaroN, December l9.--Repre-
sentative Payson, Of Illinois, says the
settlers out west are alarmed on account
Of the recent decision of the Supreme
Court that, technically, the title Of rail
road lands which have been sold to the
settlers but not yet patented, still
rests in the United States. The decis-
ion has been construed to mean that set
tiers who have so pur ,hased have no
valid title to their lands and may be de-
prived of them at any time. This is not
the case. The title that the govern
ment holds to the lands by this decision
is that the lands are to be held to secure
the cost of survey, and nay be ac-
quired at any time by the set
tiers by paying for the survey
of their lands. The railroad
companies will then have to make good
the cost to them. The Court suggested
that bill might be passed by Congress
forfeiting the lands not patented within
the time stated after the passage of the
act Payson is going to Introduce the
bill in the House which was offered by
him last year and passed, but failed in
the Senate through amendments. This
provides for the forfeiture of oil land
upon which the cost of survey has not
been paid within sixty days after the
holders have received notice.
The report OF Special Agent Spauld-
ing. who was sent to San Francisco to
investigate the alleged frauds in regard
to the immigration OF the Chinese under
the Restriction act, approved May 6,
1882, has just been received at the
Treasury Department. Il is lengthy
document and commences with refer
ence to the passage Of the act and the
interest that is naturally felt upon the
subject of Chinese immigration on the
Pacific Coast. The report states that
since the passage of the Restriction act
up to August, 1885. there arrived here
Is, AGO Chinese. He also states that the
number of Chinese return certificates
issued at all Pacific ports up to August
|, 1885, aggregate 30. .235, and of these
there returned but IA, 726 lie refers
to the often repeated assertion that
there are more Chinese in the United
States now than in 1881, and that
this Is charged 10 dishonest
OF inefficient enforcement of the law.
He then says the records OF the Custom
House and the steamship companies
show a decrease for the three years end
ing August /. 1885, of 2l,2i5, as follows:
Departures. 4l,322; arrivals. 20.577.
He recommends that that section of the
law which provides the penalty Tor false
personation. be printed in the Chinese
language on the back OF the return GER
tiiicates. to prevent the certificates from
being sold. He says: SIN my opinion
the law needs but few amendments and
those OF a minor character In conclu-
sion ! wish to say, in my opinion, the
restriction act has not been failure, as
Is so often asserted. but on the contrary
it has fully realized the reasonable ex
pectations OF its friend-.
Representative Warner. Of Ohio, has
Just returned from an anti monopoly
meeting in New York, where resolutions
favoting the continued coinage OF silver
were passed. He says he will introduce
resolution in the House after the holt
day recess demanding Secretary Man
nings reason for not issuing bond call,
and asking for a call al once for bonds to
be paid for out OF any money available.
An Important Ghinese RuIing.
SAN Francisco, December l9.-The
case OF Jung All Lung, on appeal from
the United States District Court TO the
United States Circuit Court, was SUBJ
mitted to Judge Sawyer this afternoon.
Lung was former resident Of this
country aud left for China after having
obtained return certificate, which he
claimed was stolen from him in China.
Subsequently he returned here and a
writ Of habeas corpus was sued out IN
his behalf in the United States District
Court. The District Attorney inter
vened on behalf OF the United States
and denied the jurisdiction of the Court
on three grounds: Firs that the Chi
naman was not restrained of his liberty,
because he could go anywhere in the
world except into the United States.
Second, all such cases come under the
Jurisdiction of the Port Collector. Third,
secondary evidence relating to the Chi
naman's prior residence is inadmissable
when the law prescribes certificate as
the sole means OF identification. The
plea was overrhlej by United States
District Judge Hoffman and Judge Saw
yer to-day affirmed the judgment of the
lower court. lie concluded the decision
by saying: "In order to present all OF
these questions and obtain a ruling on
them, shall sustain the decision Of
Judge Hoffman and let the case go to the
Supreme Court on these points" Dis
trict Attorney Hilborn Immediately
gave notice Of appeal. This Is the case
ON which much Congressional anti-Chi-
nese Legislation will depend, hence it is
considered OF great Importance.