The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-01
Clause of the Geary Act
Declared Void.
HOLDS GOOD.
Judge Ross Says the Primitive Sec
ton of the Exclusion Law
Is Unconstitutional.
Special to THE MORNING CALL


of Judge Ross Of the United States Dis
trict Court to-day in the Wong Dep Ken
deportation case will probably be sur
prise to the friends OF Chinese in the
East. who are under the impression that
a Chinaman cannot obtain justice in the
United States Judge Ross declares that.
while the Judgment of deportatian is law
lu. the commitment to hard labor before
deportation IL void. On the other hand
Judge Billings of the Louisiana District
Court had previously decided that the
imprisonment at hard labor" clause OF
the Geary act was merely an act OK dcteD-
tion, coupled with sanitary measure.
Wong Dep Ken ~as arrested at the in
stance OF the Federated Trades early in
June, under the act OF 1882. now incorpor-
ated in the Geary act. which provides that
all Cinnamon found unlawtully In the
United States after the rassage OF the ect
should be deported. Wong Dep was
cgar-maker. and claimed to be partner
in the business. He was held before Com
missioner Van Dyke. found to have been
unlawfully in the country, ordered I'M
pris0ned at hard labor for two days IN
San Quentin. and afterward to be deported.
An appeal was taken to the United States
District Court. and the case was tried and
submitted on briefs.
Judge Ross delivered his opinion to-day,
affirming the judgment of the Commits
s0ner as to the deportation. but annulling
the clause in the judgment as TO the im-
prisopment. holding that the clause Of the
act providing for Imprisonment at hard
labor wa. unconstitutional.
In his decision Judge Ross says that no
one questions the power of Congress to
pronibit the coming into the country Of
Chinese laborers. He continues: mot
withstanding the enactments upon the
subject. the laws have been evaded in
many ways. By false testimony and con-
cocted evidence the courts have been ini-
posed upon in cases almost without num-
ber, and by sea and land the prohibited
class in large numbers have been smuggled
into the country. To prevent all this Con-
gress deemed it wise to give effect to It's
laws by putting the burden of proof on the
defendant.
ITO those unfamiliar with the Pacific
Slope and those not so much subject 10 the
evils ipten ded 70 he guarded against by the
exclusion acts the line laid down for their
enforcement may seem severe. but IL Con-
gress has power to make the laws the
courts should presume that 1t had suff-
cient reasons for their enactment and
should put them in operation"
In espect to the punishment at hard
labor, Judge Ross says: "But 1t by no
means follows that the political right of
the Government to expel such persons en-
braces the right to confne them al hard
labor in pententiary before their depart
ure. II the Imprisonment OF a human
being at hard labor In penitentary is
not punishment. it is difficult to under
stand how anything short of inficton OF
the death sentence is. 1t is not only
punishment. but punishment Infamous in
its character. which. under the provisions
of the constitution of the United States,
can only be inflicted upon a person after
his due conviction of crime. pursuant to
the forms and provisions OF law"
After going into many citatons,in which
it was held that Imprisonment at hard
labor could only be inflicted in cases Of
feIonies and crimes specified in the Federal
statutes. Judge Ross held that this clause
Of section 4 was unconstitutional and there
fore void. He. however. held that. in
other respects, the judgment was valid.
and affirmed the order Of Commission Van
Dyke ordering Won Dep Ken's deporta-
| ton.
WASHINGTON, July 31.-Secretary Car
| Isle has taken hand in the Chinese row
at New York. where there has been so
much friction between the Treasury
Agents and Collector Hendricks. The
Secretary says fatty that the department
cannot concur In Hendricks view that the
unauthorized practice, discontinued by its
order of July 13 authenticating the certifi-
Gates of the Chinese Consul at New York
by the signature and seal of the Collector,
should be resumed.
| The Secretary quotes cases where said
practice resulted in number OF Chinese
| getting in who had no right here.
PORTLAND. Or. July u.-United States
Judge Bellnger has rendered an impor-
tant decision in the case Of Chinese
woman, Tsoi Gum, the wife Of Me Kim, a
Chinese merchant.
| The woman was refused landing by the
Collector of the Port on the ground that
she was only the mistress of Me Kim.
Judge Bellinger. however. held that they
were justly married according to the Chi
nese law and that the woman was in no
sense q mistress. He therefore allowed
| her 10 land.
|