The morning call., 1893-05-16
CHINESE MUST Go.
Continued from. Second Page.

fringement upon their rights They have
been acting upon the advice of attorneys
and others who believed that the law
would be declared unconstitutional Now
that they find that tho advisers were mis-
taken they will, l think, be ready to obev
the law. and think it extremely likely
that an amendment to the law will he
passed enabling them to comply with II
before Congress undertakes to deport
them"
"The petition for rehearing," said Ed
ward 5. Pillsbury, "means nothing spp-
cial. 1t is entertained as a m1tter of
course. Cleveland undertook to ward off
the enforcement of thu law from the 9Th OF
this month, but the chances are that he'll
think twice before he grants any further
delny. As for retaliatory measures.
don't believe il. OF course the Chinese
Emoire can do anything it pelses, but l
don't think it will do any bluffing to
speak Of"
Congressman James G.. Mcguire said;
II think the law is constilu tional, and
always have. and there is no doubt in NV
mind that it Will 60 into effect and Will be
enforced Every Chinaman who is found
without certificate will be legally pre-
sumed to have arrived in this country since
the passage of the Geary act, and as such
Will be subject 10 immediate deportation.
and the Government will promptly de-
port him."
F. 5. Stratton is intimately acquainted
with Federal procedure, having acted as
special United States counsel for n num-
bar Of years, notably in the Benson land
fraud cases.
There will be practical difficulties in
the way Of enforcing the law, as a matter
Of course" he said. Each case must be
separately considered. and they will give
rise to numerous technical problems con-
neeted with the depOrting of the Chinese.
While the law is mandatory, nevertheless
the President is vested with a very broad
discretion in matters Of such Importance,
and L can easily imagine that he may be
unwilling to enforce law which may vet
be declared to be invalid. However, this
Is very remote contingency. l do not
think that the execution OF the law will be
enforced so as TO operate in driving out of
the country those who have not registered.
Like any other law involving penalty or
a forfeiture the Chinese now here can
after the time has expired come in and
comply with the law. In regard to the
money problem, that difficulty is easily
met Each department has contingent
fund, which they may draw upon lu case
OF eNlEency or extraordinary necessity
But even this is not necessary They can
60 or contracting debts while deporting
Chinese and then have Congress pass
deficiency Appropriation bill. This course
Is usual and regular"
United States District Attorney Garter
thought long and deeply when asked to
give his views of the subject Of the de-
cisian, He said that people might speeu-
late, but that no one could speak definitely
in regard to all the possible results OF the
enforcement of the act.
Until the exact language OF the de-
eision is made public" he said, sit is idle
TO speculate upon It's full results. do not
think it is probable that the President will
postpone the enforcement of this law. as it
is a constitutional law. AS a general
proposition, it is safe to say that he would
not DO it. However, it sometimes happens
that in cases involving the violation OF
laws the persons cannot be prosecuted for
practical reasons.
'The reason that is popularity suggested
as reason why there might be suspen-
sion of prosecutions of Chinese who had
not registered is the fact that it was sup
pboGQ lndb IL - AHtcuutu Dk IQuELeSS LildL
the expense of enforcing the Geary act
should be borne by special or particular
fund or appropriation. and that the appro-
priation made is small and has already
been largely drawn upon. Whether this
is true OF not, DO not know.
IL Congress intends that the expense
of all deportations through the Gsary act
are TO be borne in this way, and it is true
that there are no funds with which to
meet the emergency, it is entirely prob
able that no deportation will be attempted
until the necessary funds have been ap-
propriated.
Now. in regard to the prosecution Of
the unregistered Cinnamon. or course,
that will all be done for the district in
my department. OF course, the Govern
ment may experience some difficulty in
the way of obtaining means Of transporta-
lion, or in trying cases in great numbers,
and in finding means of OBTAINING Chinese
laboEers during the time the actual inquiry
is being made as to their right to remain
here, but think the Government will find
means to accomplish all this in normal
way and under normal conditions.
"OuT business is nearly up to date and
we are ready to handle this new business
as soon as we are obliged 10. OF course 1t
Will not be necessary to try multitude of
Cinnamon at once. That might choke the
courts. They may, aud probably will, be
taken into custody one after another and
disposed Of"
What do you think Of the likelihood Of
the President granting further delay, un-
til Congress meets?"
u think that the policy of the Govern
ment has been determined by Congress.
and that the law will be Immediately put
into effect. AS to the action OF this Office
Of course we do not yet know what we will
be required to do. We shall take no steps
Of any kind until we receive word from
Washington"