The herald., 1893-06-04
The OFFICIALS NOT ANXIOUS,
A Futile Attempt Made Yester-
day to Enforce Exclusion.
The Federated Trades Attempt to
Have Chinaman Arrested.
Commissioner Van Dyke Issues q War
rant ON the Filing of q Complaint
but District Attorney Denis
Decides to Wait.

This time formal complaint was filed
With United States Commissioner Van
Dyke, drawn so as to conform as nearly
as possible to the opinion expressed by
Secretary of State Carlisle in his circular
letter issued May 5th.
In other words they have attempted to
6nd Chinaman who would be amen
able to the exclusion laws passed prior
TO the Geary act.
The Chinaman WAS found, or those
who have the matter the charge claim
that the celestial whose name figures in
the complaint can easily be proved not
to have been in this country the requisite
ii years.
The complaint was taken to Commits
Hioner Van Dyke by F. HI. Crowell who
swore to it. He was in company with
Homer Katz, an officer OF the Federated
Trades, and W. H. M. Mitchell, their at
torney.
Mr.. Van Dyke received the complaint
and issued q warrant for the arrest of
the Chinaman named in it. The docu-
ments were then turned over to United
States District Attorney Denis and he
still has them.
The following is copy of the COM
plant, but as the unsuspicious China
man has not yet been arrested his ma me
Is omitted for obvious reasons:
THE COMPLAINT.
United States of America, Southern
district OF California.-ss.
Be it remembered, that on this Sd day
OF June, In the year OF our Lord one
thousand eight hundred and ninety
three, before me, before me, William M.
Van Dyke, a commissioner duly ap-
pointed by the circuit court Of the United
States OF America for the Southern dis
trict of California to take acknowledge
ments of bail and affidavits, and also to
take depositions of witnesses in civil
cases pending in the courts Of the United
States, etc, pursuant to the acts OF con-
gress in that behalf, personally eppeEred
acdording to law, deposes and
says, that heretofore, to-wit: :.
and within the jurisdiction of the
United States aforesaid and of this hon
orble court after the passage by the con-
gress of the United States of an act enti-
tied IAN act to amend an act entitled
AN act to execute certain treaty stipu-
lations relating to Chinese approved
May 6, 1882" did come into the United
States from foreign place, and, having
come, hss remained within the United
States and has been found and now is
unlawfully within the United States,
and deponent alleges that the said All
Gee Ia and was at all times herein men
toned Chinese laborer, contrary to the
form OF the statutes OF the United States
in such cases made and provided, and
agsIna nIsa sstggs shs gsace and fspMyG M GRdNsn Ct hs d
Sworn to and subscribed the Sd day
OF June, 1898, before me.
WILLIAM M. VAN DYKE,
United States Commissioner.
II was learned that the Chinaman
mentioned in the complaint is a cook,
and that he has been undoubtedly spot
ted by those who have looked up his
record and that be has not complied with
the requirements of the law under
which the proceedings have been COM
menced.
In order that the views OF Secretary
Carlisle as expressed in his letter may
be read in connection with the COM
plant, the following extract from it,
which was sent out by the Associated
Press May oath, and published in the
HERALD OF the 25th, is repnblished:
SECRETARY cARIsLE's LETTER.
''The circular dated the 4th instant,
instructing officers to refrain from max
ing arrests under the provisions of the
act approved May 5, 1892, remains in
force as far as it applies to Chinese per-
sons who failed to obtain certificates OF
residence, but who otherwise would have
no right to remain in the United States,
1t is known, however, that great num-
bers of Chinese laborers entered the
United States in violation of the pro-
visions OF the act approved May 5, 1892.
Many of these persons obtained sdmis-
sion upon the false representation that
they were not laborers, but merchants,
and others entered clandestinely from
contiguous foreign territory. Inviting
your attention to the first, second, third,
fourth and fifth sections of the act sp-
proved May 5, 1892, you are directed to
use all the means under your control to
vigorously enforce said provisions OF
the law, and take such measures as may
be necessary to secure the arrest and
prosecution OF Chinese laborers who are
unable to show that they obtained law
full admission into the United States.
~. q. CARLISLE, Secretary"
The letter refers to certain sections of
the Geary act and that 1t may be seen
just what the provisions are contained
in those sections, they are gwen as fol-
lows:
THE SECTIONS REFERRED TO.
Be it enacted by the Senate and House
OF Representatives OF the United States
Of America in Congress assembled, that
al laws now in force prohibiting and
regulating tbe coming into this country
,f Chinese persons and persons of Chin
ese descent are hereby continued in
force for q period of ten years from the
passage of this act.
SEC. g. That any Chinese person
or persons of Chinese descent, when
convicted and adjudged under any Of
said laws to be not lawfully entitled to
be or remain in the United States, shall
be removed from the United States to
China, unless he or they shall make 1t
appear to the justice, Judge or commits
sioner before whom he or they are tried
that he or they are subjects or citizens
Of some other country, in which case he
or they shall be removed from the
United States to such country; pro-
vided, that in any case where such
other country of which such Chinese
person shall claim to be citizen or sub
iect shall demand any tax as the con
dition of the removal of such person to
that country he or she shall be re-
moved to China.
Sec. 3.-That any Chinese person or