The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-24
SENDING BACK THE CHISAMEN
The Gonstruction 60 BIS Fat Upon an Ia
nnrtnnt Sintutc Rhcnae.

pOrtaHt statute PHRASE.
WASHINGTON. Aug. 2).-Tho case OF Lee Hem
bow. recently decided by Judge Hnnfoid. ut
seattle. 10 now note worthy for cthor reasons
than its connection with The killing OF tho
deputy sherlr who mado tina arrests. Judge
nanford decide, that tho phrnso ITO the
country whence they came In tho Chinese
Exclusion act. means tho country from which
tho foreigners Immediately ontrr the United
Sta'es. which. Of course. may DO Mexico or
Canada: and further that the Unitei States
authorities have no right. when tho contra
bnnd Mongolinns arc sniuEglod in from Mex
leo or Canada. 10 send them back to China.
This decision is In accordance with one pre-
viously rendered by Judge Muxcy Of tho United
States Court for the Western district OF Toxas.
In that caso two Chiuamen. who had been con-
victed before n Commissioner Of unlawiully
entering the United States from Mexico were
to be returned 10 China Mt tho expense Of tho
Government. Their lawyer thcrouron applied
for q writ OF habeas corpus and Judge MaNey
granted 1t on tho ground that tho Commits
sioner had exceeded his authority In ordering
them 10 TO sent to China, since tbOy should he
returned to Mexico and nowhere else
The practice Of tho Treasury Department
has for long time been contrary to those de-
cisions. Whore Cinnamon have been SNUG
gled across the border II hrs directed thor re-
turn to China This has baen done. apparent
~. not under tho impression that the Oh neso
Exclusion act would make return to Mexico
or Canada absolutely unlawful, but that the
other disposition OF them was equally legal
aud more expedlent Tho same Chlnaman. it
was said. after being sent back to tho Do
minlon. could DO brought over for fresh
attempt and perhaps. II agnln arrested. oven
o third time. 80 that II was not IN unfair pro-
sumption that. IL finally heard OF no more. be
had ut last successfully cludod the officers and
gone on his way rejoicing This difficulty Is
enhanced by the provcrbinl shrewdness OF the
MonEolians. who give tho United States ON.
GERS very little help In Identifying them as
those who have been once or twice smuGRled
across and sent back.
In addition. tho Department OF State sug-
Gested that since Cinnamon could not be re-
turned to British territory without paying a
head tax OF $50 each. the expense OF transfer
ring them to China Is not 80 much creator as
1t might at first appear. especially with the
liability OF their coming across again. httor-
ney-9eneral Miller long ago recommended in
group That they should be sent back to their
native land instead oi to Brit ish territory. The
same policy was pursued in tho case Of twenty
unlawiully entered BY way OF Mexico. Thus
three different departme nts Of The Government
contrnhnnd Chinese lat oreIs directly back to
their native country and yet 1t won i appear
Tesas ana The stas
mat ne three Cabinet officers were proceeding
That The pS HI ne tIe Country whence they
seems evident from tho TACT that the word
employed. A careful and unusual phi ase was
substituted. apparently for the reason that
,res might be brought thence 10 the United
States. and that then there would DO neither
turning them the land Of eir ' Srsh When
European immigrants who arc not entitled 10
end here s s1 Is G the ,Ssa
may have lived twenty ysara IN Genoa before
is u little different, with the Chinese lsbore's
express purpose OF beir e thent g imported into
tho United States: hut it is none the less clear
Why tho tb reg1ar phrase already spoken OF is
Assuming that the policy o., the Government
will hencoior,h have to be changed. and that
native country who land directly In the Cnited
States the Gnesti n arises as to what remedy
nDmbers Iexean o{ Soracr IS open TO
Tie nGy No csfh Ssss Sonnd
is sinGnarly well adapted to this Sort Of sm.g-
GG nse ,ho DS be used for the
HIGH prices are paid for transp 1rtation. ami
the Doatmcn OF both countries ara tempted 10
engage in the traffic. The entire line from that
point to Montreal is also crossed.
1t has been said that the Chinese who hnve
Co!v!lle reservation are enrngcl In this bust
hess II smuggling At awiston at Buffalo,
at Lockpor. and at Ogdensburc they are
found crossing. One reliof hns been had by
p, oh bit ng he transfer Of Cinnamon who ar.
rive in San Francisco harbor 10 vessels bound
to Guaymns. since il Is known that they doubt
less intend thence TO cross the borle-. But in
addition S1re international agreement /. de;
c a N,St q NJ, IN hal
on this subject. hut finds her Constitution pro.
hibit restrictions unon tho free transit OF
people IL other countries. Great Britain en-
un'ers no such obstacle: and perhaps anme
Arrangement may DO made with hcr There
could also be such IL modification OF our laws
rs to allow Cinnamon who have been hut a
short time In Mexico or Canada. and were evi-
IDENTITY carried thither for the puI pose OF i'm
nor;ntIon into the United States. to be- re-
turned to their native country on arrest. They
could be 70 luirod 10 provo that they had re.
sded in Mexico or Canada prescribed time
sufficient to shor that those were the coun.
tries OF their residence.