The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-12
AND, BACKED BY CLEVELAND,
He Is Also Greater Even Than Is
Congress.
THE CHINESE MAY REMAIN HERE.
But the Presidents Legal Adviser
Would Seem to fave Taken
Rather Big Contract.

WASHINGTON, Sept. 11.-Attorney-Gen-
eral Olney has instructed United States
Marshals to take no further steps for the
enforcement of the Geary law pending
specific Instructions to the contrary from
Washington. These instructions do not
apply, however. to Chinese already in
progress Of deportation by due process of
law.
Hubley Ashton. counsel for the Chinese.
applied to the Treasury Department to-
day for stay of proceedings in the case of
the Chinese recently ordered back to China
by the District Court at Los Angeles. He
was referred TO the Department of JUS
tice, and there informed that the depart
ment would not interfere in cases already
passed upon by the United States courts.
The new Chinsee Minister to this country
Yang Yu, was at the State Department
to-day, and it is understood was informed
by Secretary Gresham of the inten ton of
the administration to suspend further ac-
tion under the exclusion act pending ac-
tion by Congress on the bill introduced by
Representative Everett to extend to Sep
tember /, 1894. the time in which Chinese
may register. This change in the attitude
of the Executive Department, which last
week was contemplating instructions for
the enforcement of the Geary law. is. it is
believed, que to the strong protests of the
Chinese Government. coupled with the in
timaiion that in the event Of such action
that Government would no longer assume
responsibility for the future safety of
Americans in Chinese territory.
The pigtails have carried the city of
Washington. They have invaded the
White House and captured Grover the
Great, and Yang Yu and his big retnue of
Celestials are masters of the situation,
while Geary and Mcguire acknowledge
their defeat.
Geary was at the White House this
morning and President Cleveland gave
him to understand that It was his desire
that the Chinese be given another chance
TO register, under bill to be introduced
by Everett of Massachusetts, extending
the time in which the Chinese may
register to September, 1894. Meanwhile
the law will not be enforced. Everett's
bill is the admin lstraton's measure. He
was selected to introduce it because he
halls from Massachusetts. the State of
Attorney-General Olney and Assistant
Secretary of the Treasury Hamlin. The
Pacific Coast Senators and Representa-
tives are mad and i'll conceal their feelings.
Cleveland is now the executive, legislative
and judicial branches of the Government
Congress is hot in it.
The probabilities are that Everetts bill
will pass Congress, and similar bill was
introduced In the Senate by Hoar to-day
with the added proviso that the Geary law
should remain in force only until a new
treaty covering the question of emigration
can oe negotiated with China.
When United States Marshal Long was
shown a copy of the foregoing telegram
last night he stated that he had received no
such Instructions from Attorney-General
Olney, and he doubted the correctness of
the dispatch.
"Such instructions" said Marshal Long.
would be direct contradiction of the
Attorney Generals recent position in re-
gard to the Geary act. Only last Saturday
he sent me telegram advising me if war
rants for the arrest of unregistered China
men were Issued in due process OF the
courts to obey such judicial directions At
the same time he requested me to keep
him informed of the issuance of any pro-
cess. and of any developments which
might arise in connection with the en-
forcement of the Geary act.
THAT telegram was supplemental TO
other communications which have been
interchanged between Attorney General
Olney and myself. He Is the attorney of
my department, and some time ago | re-
quested his counsel In regard to the cues
ton of Chinese deportation. His advice
to me has always been to follow the drec-
tions of the United States courts. l tele-
graphed him this morning. In compliance
with his request, that writs had been
gran ted for the deportation of four Chinese
and that warrants for their arrest would
doubtless be placed in my hands to-mor-
row.
''If the Acknowledgement should direct
me tomorrow to take no further steps for
the enforcement OF the act l should con-
slider it my duty to disregard such instruc-
ton. and should proceed to make the four
arrests as ordered by the court. l am an
officer of the court and must obey its in
structiops. / am not subject to the
order of the Attorney General, nor are the
United States courts. He occupies the
position Of senior District Attorney, to
make a comparison.
81 doubt the reliability OF the telegram,
not only because of Acknowledgement
Olney's EXPRESSED position in regard to the
law, but also because be has always been
careful not to come 10 conflict with the
courts. He understands perfectly our rela-
tive positions. In my opinion neither he nor
the President has any more right to suspend
the law than have. Congress makes an
enactment. the United States District and
Circuit Judges declare it to be constitri-
tional. An executive offer. who is in
ferior to the judiciary, has no right or
authority To lay aside a Congressional
measure regularly aduped and judicially
approved.
In conversation this afternoon Judges