The morning call., 1893-09-21
DEPORTATION ORDERED.

Jim Lee, the Sacramento Chinese, was
oraered deported by United States Circuit
Judge McKenna yesterday afternoon, de-
spite Geographic request from Attorney
General Olney to have the operation Of the
law suspended for want of funds.
Attorney Riordan of the Six Companies
and Harvey Brown Of the Southern Pacific
defended the prisoner and urged every
technical objection to the proceedings.
Denis Kearney and Henry Warfield of
the Anti-Chinese Law and Order League
were interested occupants of chairs in the
juTy-bOX.
Attorney Riordan first attacked the com
plant Oh the ground of its effectiveness,
and he contenGed that if Chinese could be
prose cuted upon defective complaints they
might be also arrested without warrants
The particular points in which the paper
was lacking were with reference to the
status OF the defendant on MAY s. whether
he had been a laborer for one year prior to
May 5. IT did not show that Jim Lee was
not a member of the class exempted nor
that he did not have a certificate. The OBJ
]ectiOns were Oyerruled.
Then Mr.. Brown said be wanted to be
heard in the particular case at bar upon
the question OF the courts right to issue
warrants, but Judge McKenna said that
point had already been decided. How
ever, before the case was finally disposed
a
consulted with United States District
Judge Morrow. The result was that Mr.
Br0wD was refused an audience.
The next point raised was as to how the
Judge was sitting. It would be rather
anomalous, Mr.. Garter, the United States
District Attorney, suggested, for him TO
act as the United States Circuit Court, be-
cause an appeal might be taken from the
initial proceedings to the United States
District Court. whereas, under section Is
of the act of 1888, he could simply sit as
Judge.
Judge McKenna explained that he was
sitting IN the case as Judge simply, and
not as court. The United States Circuit
Court room was being used merely for a
place IN which to try the case.
Mr.. RlOrdan raised the point as to
whether the nature Of the prOceedin was
criminal or civil; be wanted the record to
show which.
The testimony began. Chinese Inter
prefer Huff was first called. He related a
conversation which he had had with the
prisoner.
Marshal Long followed to give the cir
cumstances of Jim Lees arrest at Sacra-
ment0 last Saturday, and j. A. Sheehan,
George r. BrOadbere and A. J. Heaev,
who are connected in various capacities
with the Sacramento Evening News. were
called to show that The defendant was ac-
lively engaged in the labor of cleaning the
NluOOWS Ol the newspaper OIDC6 AT the
time of his arrest. 1t came out 10 the tes-
timOny that Jim Lee had been in this
country nineteen years. Eight or nine
years ago he conducted washhouse. Ger
tain persons were indebted to him. One
man In Sacramento owed him $780, and a
resident of this city was in de BIT 10 him for
500.
The defense offered no testimony, but
Mr.. Brown requested the court TO give the
prisoner fifteen days in which 10 collect
bis accounts. That the court refused to
90 on the ground that it was no fault of
the law that persons owed the defendant
money-he had failed To get his certificate
aDd that was all the court could consider.
Then a remarkable turn in the proceed
ings was taken. Mr.. Garter surprised the
court with request Tor suspe nsion of
the laws operation.
Mr.. Carriers new pOsition-that of a
supplicant in behalf of the prisoner-was
occaSioDed by a telegram from Attorney
General Olney, requesting him to ask the
court to suspend tue operation of the law
on the ground of lack of funds. as Judge
Lacombe had done in New York, But
Judge McKenna was not moved by any
such Geographic argument, and firmly re-
fused 10 heed Mr.. Olney's wish. Instead.
he made an order for the prisoners de-
portation.
The question of bail is disposed of by the
order Of deportation, for United States Dis
trict Judge Morrow has already refused to
grant bail in such cases.