The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-19
WHENCE THEY CAME.
Judge Hanford Lays Down a
Precedent.
CHINESE HELD AS WITNESSES.
ReIeass Of . Husband From . Cruel
wifs--Misersble End OF Forced
wsrriags-school Site Suit.

united States District Judge Hanford
vesterday made an important ruling in
tsrnretine that part of the Chinese exclu-
SION act requiring Cinnamon who get into
mi. country to be deported He held in
she ease before him that Cinnamon who
.o,ne Nv way OF British Columbia should
hs vs,nrned 10 British Columbia, and not
a. china Is has been the custom hereto
fore.
The case that brought the question be-
fors Judge Hanford was the habeas corpus
Csc or Hin Wah or Leo Hem Bow, one of
the nine Cinnamon captured at wooley
severs, weeks ago after the shooting of
Deputy Sheriff Poor. Judge Hanford on
opening the case said he doubted If he had
the jurisdiction to try the case. Commits
scner Emery had already ordered the
deportation OF this particular Chinaman,
and he did not know whether he had
right TO interfere in the decision of the
commissioner. However, he finally al
lowed the proceedings to go on. :
The evidence of Leo Hem Bow was in
terpreted by Chinaman named Gum,
formerly o customs employee and q mis-
sionary at Victoria. The prisoner and his
witnesses ali swore that he was a resident
Of British Columbia. the evidence being
conclusive on that point. His plea was
that be be sent to British Columbia
and not TO China, as had been
ordered by the commissioner. Mr..
Wiliam III. White, counsel for
Leo Hem Bow argued that it would be a
great injustice to send the Chinaman
away from his home and business. Colonel
Patrick Henry Winston, for the govern
ment, thought that Leo should be sent to
China. He said that when the appsopria-
ton had been made by congress for de-
porting Cinnamon the law had been inter-
preted to mean China. Mr.. White,
quoting the words of the act, held that
"the country from which they came"
meant the country from which they en-
tesed the United States.
Judge Hanford prefaced his decision
with few explanatory remarks. He said
the case coming before him as habeas
corpus proceeding increased the difficulty
ofariving at q decision. 1t was an ugly
question, and he did not like to establish
spreeedent. The return of the marshal
on writ showed that he had the China
nan IN custody under writ of deportation
from the commissioner, who was given
authority by law to try such eases
and issue such writs. The commissioner 5
authority was just as great as the judges
or that of Judge of the supreme court, in
such cases, and the Judge had serious
doubts whether he could set aside the
commissioners findings and institute new
proceedings If this was an appeal he
might have authority but the petitioner
had lost his right of appeal by lapse of
time. III the United States wanted
the Chinaman as "a witness in
Baird case, he could hold him
under bonds. The Baird case needed dis
interested witnesses and if the attorneys
were willing he would hold him.
Judge Hanford practically reversed the
view that has previously been taken of the
meaning of this part of the restriction act
he stated that in future he would interpret
the phrase, Ito the country from whence
they came" with the greatest latitude,
and would be guided by the meaning Of
the words in the statute.
In providing for the deportation of Chi
nese iaborers, the words in the act, country
from whence they came" intended, pri-
marily. to prevent them from coming into
the country, but difficulties might arise in
now the case in British Columbia, for
China herself might make a law prohibit
ing their return.
"gn the present case" said the judge,
''and looking at it as matter of fact,
think British Columbia is the place meant
by the phrase, and will issue writ of
deportation to that place when the witness
Is no longer wanted"
In the cases of Fin Yam and All Sing,
likewise upon writs, the judge said that
upon proper showing he would act in their
case as IN the former, and vacate the writs
OF deportation TO China and remand them
TO the custody of the marshal.
Leo Hem Bow will be required to furn-
ish bonds in the sum of $500, and will be
permitted to return to British Columbia.
IL he is called as witness he will get mile
age and fees and the protection of the mar
shal or deputy.