The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-06-26
FOR SUMMARY TRIAL.
Judge HanfOrd Sustains New
Chinese Law as Valid.
INDICTMENTS NOT NEEDED.
Consistent With the Constit ution-
Supreme Court Confirms Right to
Patented Tide Lands.

Judge Hanford of the United States
court, handed down very important de-
cision yesterday, bearing upon the Chinese
exclusion act. By il he held that it is not
necessary to have presentment or indict-
ment by grand jury in order to proceed
against Chinese person for being illegally
in the United States. The full text OF the
opinion is as follows:
United States VS.. Wong Sing.
At law-Information charging that the de-
PENDANT Is a Chinese person found in the United
States. ami that he is not lawfully entitled to
De, or remain therein; demurrer To the Informs
ton oyerruled.
P. c. Sullivan, assistant United States attor-
ney.
W. H. White, attorney for defendant
HAsFogD, j.
The argument in support of this demurrer is
tnat the fourth section of the act of congress OF
May D, 1852, entitled, IAN act to prohibit the
coming of Chinese persons into the United
States Requires the imprisonment at hard
Iaoor OF persons convicted under said Jaw; and
as he may be upon conviction subjected to an
Infamous punishment, therefore he caunot be
brought 10 trial on this charge upon an in
formation. 1t is true that, by the decisions of
the supreme court, violations of law which
may be punished by Imprisonment in peni-
tertiary are held to be infamous crimes;
and under the fifth article of the amendments
to the cons titution OF the United States no per-
son can be held to answer for all infamous
crime except on presentment or indictment by
a grand jury. Now. ii it is also true, as con-
tended by counsel for the defendant, that every
Chlnese person found to be unlaw ully in the
United states, must, upon being SO adjudged, DO
punished by Imprisonment before being sent
out OF the country, then IL follows as a logical
sequence that by this law, the government has
tied the hands of its officers that hereafter
there can be no such thing Kidding the coun-
try OF Chinese invaders by proceedings of a
summary character. heretofore, and the
courts must patiently proceed to deal
with them, one at time, and after
formal indictment by grand
jury, give to each of them a regular jury trial,
and as fast as the machinery OF the law can be
operated, fill the prisons of the country with
them. These people have since the date OF The
first law enacted TO restrict their immigration,
demanded jury trials, and, now, if by the new
law this government has in effect acceded 70
such demand, they may easily defeat the law by
coming in such numbers as TO paralyze the
courts. The capacity OF the courts as to the
number of cases which may be tried in accord
ance with law in given time is limited. But
the number OF Chinese persons who may enter
the country clandestinely and require trials is
comparatively unlimited
The third section of the act placed upon every
Chinese person arrested on this charge the bur-
den OF establishing by affirmative evidence his
right 10 remain in the United States, provis-
ion which is inconsistent with the fundamen-
tai principles OF American jurisprudence IL
every one of them arrested must be tried as q
criminal for the purpose of Furnishing him.
The first section of the act continues i'll force
u
hibting and regulating the coming of Chinese,
which laws, as they have been construed by the
courts, include provisions for summary hear
lngs and judgments by judges and United States
commissioners: and in the second section
of this act the words Justice, judge or commits
sioner" are used in such connection as to indi.
cate clearly that, in the enactment of this law,
congress content plated and intended that the
law should still be enforced 10y summary pro-
ceedings as heretofore The argument made
has nothing to support other than the literal
wording of the fourth section OF the new law.
Against it bear the equally plain provisions of
the first second and third sections of the act,
and the important consideration that the law
itself, ii construed as the defendant contends
that it should be, makes it possible for the very
people, against whom it was intended to Oper-
ate, TO defeat it entirely,
To give proper effect to all the provisions of
this act, it is necessary to give it interpreta-
ton authorizing indictments and criminal
prosecutions in those cases in which the govern
ment may be able to secure and produce suffice
lent evidence to justify the same, and at the
same time preserving tho remedy of summary
proceedings in all cases In which criminal
prosecutions may be for any reason imprac-
tcable, and requiring that Chinese persons I'm.
able to prove their right to remain in the coun-
try, but who cannot be convicted upon a GRIM
tnal charge, shall he sent to their own country
in accordance with the procedure and practice
adopted in enforcing the existing laws. Such
procedure and practice permits an information
to be flied by the United States attorney, upon
which the accused may be brought to trial, and
ii upon such trial the judge finds tho necessary
facts, he may issue process for the removal OF
the accused TO his own country.
For the above reasons / will override the de-
murrer and will proceed with this case in the
manner indicated.