The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-28
BEATING THE LAW
Carlisle's Lack of Hard
CommOn-Sense.
JOHNS FRIEND AT COURT.
Every Move of the Administration
Seems Made in the Interest
of the Chinese.
JOHNS FRIEND AT COURT
Special to THE MORNING CALL

WASHINGTON, May 27.-Secretary Carlisle
and Assistant Secretary Hamin are now con-
-,idering the mode TO be pursued in arresting
Chinese who are here unawfully without re-
Spect TO the certificates provided for in section
e OF the Geary act, aud the exact manner of
ascertaIning TO what class the Chinese belong.
They are also puzzled 10 settle whether thy
Will be proc eded against as criminals deserv-
ing Infamous punishment or whether they
Will be brought up and depOrtrd by summary
proceeding" without presen ment or lndicI-
ment by a grand jury. 1t is understood Secre.
tary Carlisle holds that their Imprisonment is
not mere detention" precedent to their depor
tation, but Infamous punishment for crimi-
nal ohense. II this view IS correct The Chinese
VIII be entitled TO a jury trial as guaranteed by
the constitution.
Assistant Secretary Hamlin is from M ssa-
cbusetts, ana Is a Chinese sympatbiz4r, aud he
says that the decisions by the United States
Supreme Judges to the effect that pre-
sentiment or indictment by a Grand Jury Is not
necessary in these cases IS absurd. Carlisle
ana Hamlin are now engaged in examining the
decisions bearing on the question of arrest,
trial ana imprisonment OF Chinese who have
violated the exclusion laws of 1882, 1884 and
1883, but after ali the question of Imprisonment
oil the Chinese in the penlIentary at hard labor
Will be a question for the courts 10 decide and
not Tor MI Carlisle or his Assistant Secretary.
1t is expected that when the first Chinese are
arrested under the orders issued by the Treas
ury Department on Wednesday they will be
adtudged 10 b. IN the Uuiied States 'unlawfuly
= unless they shall establish by aft rmative proof
' 10 the satisfaction OF a Justice. Judge or COM
missioner their lawful right to remain. If they
cannot establish this last right it is 10 be ex-
peeted that they will be imprisoned at hard la
Dor for longer or shorter period, not exceed
ing one year. This is imperative, for the law
says ,"shall" be imprisoned, if it Is only for an
bour or Il day.
But 1t is certain that the Chinese attorneys
Will demand jury trials and make test cases at
the very start. Riordan hints at this. 1t
seems quite clear TO most JUDICIAL minds, and 1t
Is not Inconsistent with common sense, that the
intent OF Congress was 10 make the so-called
Geary act a political and not criminal statute.
This is very plaiI from the fact that Congress
said shall be adiudged 10 be here unlawfully."
United States Judge Billings made this even
more clear when he decided the case OF the
United States VS.. Hing QUong Chew on mo-
tlon 10 quash an Indictment IN the Louisiana
Circuit Court. The Judge held that the Geary
act cannot be mace the basis OF indictments.
The statute is political aud not criminal in its
nature, the proceeding is summary Ia Its char
acIer and the imprisonment is not for the pnr-
pose of punishment, but for detention until re-
mOEal is effected IN the manner provided in the
act
those which are ordinarily found in criminal
statutes, but the intent of Congress- as lt seems
TO me. Is urIpH 6able. What is termed being
couvlrY aaa 4 Judged means found and the
cases are TO Ia decided by a commissioner rep
reSeutlEg not The criminal law, but the political
department. OF The Government. 1t ems 10 me
well nigh impossible Congress should have In
tended tha( in proceedings criminal in their
nature theIs .zhould be a presumption
~ guilt and te"'' ne sa2eused should be
found guilty unless he proves himself in
nOcent. Tile whole proceeding of keep
ing out OF the country a class of persons
deemed by the sovereign TO be Injurious 10 the
state IN order TO be effective of its object must
be summary In its methods and political in its
character. 1t could bave no place in criminal
law, with its forms and rights and delays. Tie
alien must be sent back TO his country by the
Treasury Department at Washington. To pre-
vent an unreasonab able aud possibly oppressive
detention it must be within one year, and mean
while lie must be kept from entering the com
munity OF the people of the United States. and
therefore he IS 10 be Imprisoned. o prevent
expense TO the Government and as sanitary
matter he is to be made to WORK.
Assistant Secretary Hamlin pTonounces this
opinion absurd. He said yesterday to Repre-
sentative ONeil of Massachusetts: 1.-THE idea
OF making Chinese work at hard labor in a
penttentiary for his board is ridiculous" 1t is
believed lDdt CdTIlSl6 SHARES h1ilfi0 5 opinions,
but what are they going TO do about it? The
United States Supreme Court has decla red that
the Geary act is political and not criminal
statute, and other distinguished 1urists all over
the country have held The same way
In the case OF the United STATES vs. Wong
Sing, Judge Hanford of TIL United States Dis
trlct Court. 10 North Dakota, SAID, il eff CT:
Because of any so.caled Infamous punish
ment imposed by the Geary ACT, 1t is not rem
coed by indictment against all Chinese persons
arrested under The act. for the evident intent of
Congress is that all Chinese shall be removed
by summary proceeding, and 10 give effect 10
all of the provisions of the act it should be so
construed as requiring criminal proceedings
only in cases in which the Government is aple
TO procure evidence TO justify The same. Ii is
true that by the decisions of the United
States Supreme Courts violations of the
law punishable by imprisonment in the
VenitentiaTy are held to be Infamous crimes, ,
and that under Article of the constitution no
person can be held to answer for al Infamous
crime except on tile presentment or Indictment
by Grand jury, but the Governments hands
are tied, and If the contention of the defendant
is correct the intent of Congress is defeated il
there must be criminal proceeding in the case
OF each Chinese person, for they would De able
10 defeat the intent OF The law by coming in
such numbers as 10 paralyze the courts"
Attorney-General Olney has decided that
Young Hong. restaurant-k eper, is not a
laborer. Hong, who is in business 10 New
York City. went to China on visit, and upon
his return was refused admission on The ground
that he was a laborer and not merchant"
and the case was appealed to the Attorney
General.
NEW YORK, Nav 27.-In Methodist churches
throughout the United States tomorrow there
Will be special services of prayer that 1.-THE
Creator may order the minds OF men a. to
secure just Treatment for the Chinese in this
country" The Methodist church has the
largest number of members IN The Celestial
Empire and great fears are entertained that 1t
may be compelled TO entirely suspend its work
in this direction a result OF the action OF the
Supreme Court in declaring The Geary law
constitutional.
SEALERS IN THE SEA.