The morning call., 1893-09-23
THE FIRST ORDER.
Will Long, the Marshal
DepOrt Jim Lee?
The New Mexico Chinese Habeas
Corpus Cases POstponed-Wait-
ing for the Transcript.

The first order of Chinese deportation by
a Federal judicial in this district was
handed to United States Marshal Long
yesterday. 1t was that made by Judge
Mckenna in the Jim Lee case and reads
as follows:
In the Circuit Court OF the United States Of
America. Ninth Circuit, Northern District OF
California.
In the matter of the arrest and deportation of
Jim Lee.
WHEREAS. Complaint having been made to
me that one Jim Lee, Chinese ldboTer. was
found within the limits of The United States
without the certificate OF residence required by
section 6 OF an act of Congress entitled "An
act 10 prohibit the coming OF Chinese persons
INTO the United States" approved May ,, 1892.
warrant was duly issued thereon and the
said Jim Lee taken into custody By the United
States Marshal of This district and brought be-
fore me for examination. After hearing tesli-
mony of witnesses IL appears 10 my satisfaction
that said jim Lee Is Chinese laborer, was such
al the time OF tlle passage of said act and for
one year thereafter, and during said time was
residing within The limits of the United States;
that lie has neglected, failed and refused to
procure the certificate of residence required by
said act, ana having failed TO establish clearly
to my satisfaction that by reason OF accident,
sickness or other unavoidable cause he has
been unable To procure such certificate il here
by adjudged 10 be unlawfully within the United
States.
Wherefore, by virtue of the authority In me
vested as Judge OF the aboye-eDtited court and
that said Jim Lee be deported from the United
States TO China; that said drpOrta ion be made
from the city OF San Francisco, State of Calf
fOrnla, and that the United States Marshal for
the northern district OF California execute this
order.
Witness my hand and seal at the city and
county of San Francisco, this 20h day of Sep
tember, A. ID. 1888 j. MCkENNA
Judge OF Circuit Court of the United States
Ninth Circuit, Northern District of California
"Will you deport Jim Lee? Marshal
Long was asked.
'Prnbably," he replied.
he explained that he could not deport
him without funds, but thought that in
some way or other funds might be pro-
vided before tha next steamer left for
China. The Belgic left the day before
yesterday.
However. as Jim Lees case will proba-
bly, be appealed, the question of actual de-
! portation may not necessarily be one for
Immediate consideration.
The habeas corpus cases of the seven
Chinese from New Mexico have been post
poned until transcript of the record ar
rives from Ell Paso, from which place it
was mailed yesterday.
| II turns out that the petition for writs
contained II couple of blunders and that
the word Marshal was used when Com
missioner" was intended. The errors are
accounted for by the fact that Attorney
RiOTdan had to hurry the papers through
with all possible sperd TO save the Chinese
| from possible deportation on the Belgc.
Chinese Inspector Norman. who is aci-
ing as their custodian, finds the matter Of
having his wards safely confined a great
source OF trouble. At the Alameda County
Jail 1t is urged against receiving them that
the prison is already too much crowded.
Collector Wise does not want anything
more t. do with them than he can help for
fear of the pecuniary consequences, and
nobody else seems very eager TO assume
their custody. They were escorted. after
iail