The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-05-29
NY LOOK GOES FREE.
A Chinaman Arrested Under the
Exclusion Law.
No Provision in the Act Authorizing .
United States Judge


i NRw YoRK. May a1.--Judgc Lacombe.
of the United States circnit court, at
the request Of Maxwell Eynrts, as
sociate counsel with Joseph II. Chonte
/ IN the CHINESE cases, made written
decision 81 HIS order In the proceedings
latfrctinR the arrest 81 Ny Look. who
svas nrraigned under the Gcary act
i In his written decision Judge La
enmbc says: The prisoner, who was
On May "a nrrrstedsby tho y. 8 mnr-
shall, being ndmittnaly Chinese Ia
horcr, md found without fthp certih-
cats Of residence required by the net Of
May ., 1899, now offers 70 prove by q
credible white witness that he waa q
resident Of the United States 1T the
time 81 the passage ~ the net, but does
not rroifcr any excuse, such as u REQ
egnized by the sixth section, for his
failure ~ procure certificate within
the time limited
The statute requires the Judge be-
fore whom such person Is brought 70
order that he bo dcportod from the
United states unless he proves not only
residence here before the passage Of the
net, hut also snme sufficient excuse for
the non-prncuring Of his certificate,
In my opinion. tho Trainer Of the
act used the coniunetiye and instead Of
the distinctive 'or ndviscdly and inten-
tinnnlly tho use Of tho word so IL the
rlnse ~ the sentence n persuasive 70
this construction.
III the supreme court has held, ~ Is
suEgeatcd, TINT and must be rcad or
IS make the act constitutional such
construction would give a different as
pect 10 the case, but nm shown no
such opinion, nor b amy yet filed, md
must therefore take the net NJ find II.
The arrest BY the marshai was with
IN the authority conferred on that
officer hy the sixth section, but the
Iprisoncr, hnving been brought before
the tribunal which Is 10 pass on his
case. the question now arises what Is 70
bn done with him.
Tho sixth section says that Il shall
be the duty 81 tile Judge 10 order his
deportation from the United states Us
hercinbeforc provided,
Examination o. the prior sections
of the act, however, diAcloscs no pro-
Visions for such deportation. The most
can 40, therefore ii ID order his d..
! nnrss, fisiIa ~ fanfnee s,AsssHi&ian Ghsslf Ii
nude for the same by tic proper n,l.
thority. presumably by congress,
though some other act 70 which my at.
tention has not been called may con-
tain sufficient provision for this, IN
which case no further legislation
would be needed. 3
II ilnd no provision authorizing thu
United States Judge In such cnses Ia
order the person found without certif.
cate TO be imprisoned for am indcfnite
time while awaiting deportation, and
therefore shall discharge him from Inn
mediate custody. This order will pre-,
snmably be sufficient warrant for hi
removal when some proper officer ap
pears charged with the duty and clothed
with the authority 70 SO remove him
The sixth section Of the exclusion act
which refers especially 70 the deportn
tion Of Cinnamon who have no certffi
paragraph the following, referring K
Cinnamon under arrest.
s.Shall be taken before d United
States Judge, whose duty II shall be Il
order that he be deported from the
United States as herefnbeforn provided.
unless he shall establish clearly 10 the
satisfaction Of said Judge that BY reason
81 accident sickness o. other nnav0id!
able cause, he has been unable 10 pro
cure his certificate, and 70 the satisfac.
tion Of the court and BY at least one
credible white Witness that he was 4
resident Of the United States at the
time Of the passage Of this net; and II
upon the hearing Il shall appear that
he Ii 50 entitled 70 certificate, II shall
be granted upon his paying the costs. z
In this paragraph Is contained the
conjunction and preceding the words
tby at least one credible white wit
mesa to which references Il made BY
the Judge In his, decision. The main
point in bringing the NY Look case,
was 10 determine whether II were pos
sible to hold Cinnamon arrested under
the act In prison.