Sacramento daily record-union., 1888-08-11
THE REMANDED CHINESE.

The United States Courts at San Fran
cisco have discovered that in some sixty
cases in which they remanded Chinese
and ordered their return to China the
orders have been disobeyed, and one OF
the Judges admits that it is cause for criti-
cising the Courts. Some of the "un-
entitled" Chinese were ordered to return
to China as far back as October last. But
they are still out on bail, and nothing has
been done to compel obedience or work
forfeiture of their bonds. The United
States Marshal declares that he cannot
even undertake to hunt up the defaultiug,
and seeks TO cast the blame upon the law
officers neglect, but the United States
District Attorney replies that it is not his
business to do so, even if his department
had the time and means to search, whereas
in fact he has upwards of 5000 cases Of
claims of right to land on hand, which
overtax the capacity of the department to
dispose OF.
In this dilemma the Courts, with much
evident chagrin and anger, have cited the
attorneys for the Chinese defendants to
come into Court and produce the re-
manded, prosecute appeals where such
have been taken, and in case this is not
done that the bail bonds will be forfeited.
There certainly has been gross neglect
in this matter in some quarter. 1t is very
difficult to escape the conclusion that
the Courts are blameworthy for not having
seen to it that their judgments were exc
cuted, but it is also unquestionable that
they have not been artfully negligent in
the matter. 1t develops now that very
few of those remanded, excepting only
the thirty women sent back in group,
have been compelled to obey the judg-
ment. 1t is not at all likely that the de-
linquents will be found Their bail bonds
will be declared forfeited, but it is i'm
probable that collection will result in any
large number of cases. About the most
difficult penalty to enforce is that provided
upon bail bond. 1t is so rare that a
surety is mulcted according to the terms
Of the bond that it has come to be consid-
cred rather pro forma proceeding, than
otherwise, to qualify upon bail bond.
Some time ago the city of San Francisco
employed special counsel to pursue delin-
quent bondsmen. The counseps report
has just been filed, and proves to be a very
amusing document. Out of fifty suits
brought by him, the defendants in all bui
seven are reported either execution
proof" in State Prison, removed from the
State, unbound or fictitious. The counsel
reports that in still larger number o.
cases he finds the sureties to be SO worth
less that he declines to waste valuable
time in prosecuting them. Very likely
about the same developments vii
be made in the bond cases of Chinese or
dered remanded.
The discovery of the sleeping orders o
( the Federal Courts will have one gooC
effect, however-it will bring about sucI
Court orders as will effectually preven
/ further evasion of and trifing with tn,
; DEGREES of the Courts, and will caus,
such searching inquiry into the fitness o
bail sureties that the willy Chinaman wh'
claims entry upon a false certificate, O.
under ooncoctedtaleo "prior residence
will find it very difficult to escape the fna
1 judgment of the Court.