The evening world., 1889-12-31
GARDNER WON'T GO BACK.
HabeaS Corpus Invoked to Permit
Him to Stay in America.
Forced 10 Labor GratuitousIy by
the Emigration Board.

John z. Gardner, his wife and six
children, who have been kept in c%onfine-
ment OH Wards Island by the Commits
sioners of Emigration for three and a
half months. arc not likely to be returned
TO Europe on the Pennland tomorrow,
though Commissioners Stephenson, Ridg-
way. Starr and Wylie have determined
and proclaimed that they should send the
family back, despite the decision of Col
lector Erhardt that they might remain,
and despite the four offers of work to the
sturdy carpenter at 80. IS q day.
They will net go back, Eecausc Fred
eric II. Coudert. who was retained in the
matter by Edward Kemp, has obtained
from Justice Lawrence a writ of habeas
corpus. compelling the production Of the
Gardeners in Supreme Court Chambers
on Friday next.
clutches OF Stephenson mt his colleagues
il q duplicate of the story OF many other
elnigrants bounced pom by 'he EmiGru-
ton Board.
Gardner is a sturdy fellow, thirty-eight
years old. His wife is healthy mntron,
IA dressmaker, and their six children are
bright and healthy. two of them selt-sus-
tanning.
They arrived on the PeLnland Sept. 10
expecting to be met by relatiy es from the
West, or by money sent from those rela-
tives. They had no money themselves.
CommisSioner stephenson sent them to
Wards Island as possible paupers,"
and they might have rotted there but for
their accidental discovery by n visitor
who reported their case to Collector
Erhardt.
The Collector investigated, and de-
cided that the family would be n good
addition TO the American body polite.
The man was offered work by four differ
ent builders, and the Collector notified
the Commissioners that he had decided to
let the family land.
But the Commissioners, or q majority
comprising the four named above. said
they shouldn't land, and that, having no
money. the Gardeners could not possibly
get along in America and would become
pubic charges.
Then Edward Kemp. of the firm of
Landman Il Kemp, hearing of the case,
came forward and said:
mo money? How much must they
have? Is 1t 1915, 500 or 300? 1 will give
them the money necessary"
No, no.. said Stephenson. THAT
would bo but 10 encourage pauperism.
We shall send thom back on the Penn
land on New Years Day"
Then Mr.. Kemp enlisted Lawyer Cou-
dert.
Why" said Mr.. Coudert, to an EVEN
ING WORLD man, who of us would be
here if u bank account had been required
of The forefathers of each of us? ] came
here without n penny. 1t is the policy OF
the country to encourage the coming of
men of healthy brain and Drawn and
muscle and willingness &c work. This
man has all these. He writes me a letter,
and tells me that, though the Commits
sioners say he is n pnuper, they have kept
him at work for nothing at his trade on
Wards Island for three months, work
that he ought to receive 80. 80 n day for.
His wife has taken the place of n man
al work on the island. though the man
got, beef while she ia given bread and
coffee.
Two of his children have been al
work ever since they have been in deten-
ton.
And Gardner has been put in n cell
for being poor! II is outrageous. There
is Il vast difference between poverty and
pauperism. 1t is respectable to be poor,
but not respectable TO be a pauper."
1t is hoped that the vexed question of
disputed jurisdiction between the Col
lector and the Emigration COMMISSIONS
will be definitely settled by Judge Law
rence's decision in the Gardner case.