Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-29
THE LAW NOT EFFECTIVE,
No Method Provided for Deporting China
men Ordered Out.

Judge Lacombe of the United States circuit
court, New York, at the request of Maxwell
Evarts, associate counsel with Joseph II. Choate
in the Chinese cases, has made a written de-
cision of his order in the proceedings affecting
the arrest Of NY Look, who was arraigned
under the Geary act on Wednesday.
In his written decision Judge Lacombe says:
"The prisoner, who on May "a arrested by
the United States marshal, being admittedly a
Chinese laborer. and found here without the
certificate of residence required by the act OF
May 5, 1892, now offers to prove, by credible
white witness. that he was a resident of the
United States at the time OF the passage OF the
act. but does not prefer any excuse such as is
recognized by the sixth section for his failure
to procure a certificate within the time limited.
THE statute requires the judge before whom
such person is brought to order that he be
deported from the United States unless he
proves not only residence here before the pas
sage of the act, but also some sufficient excuse
for the incorporating of his certificate.
I'm my opinion the Trainer of the act used the
conjunction and instead of the distinctive or
advisedly and Intentionally the use of the word
so at the close of the sentence is persuasive to
this construction.
IF the Supreme Court has held, as it is sug-
gested, that and must read or to make the act
constitutional, such construction would give q
different aspect to the case, but am shown no
such opinion, nor Is any yet filed, and must
therefore take the act as find 1t
'The arrest by the marshal was within the
authority conferred on that officer by the sixth
section, but the prisoner, having been brought
before the tribunal which is to pass on his case,
the question now arises, what is to be done with
him?
1.-The sixth section says tina. it shall be tho
duty OF the judge 'to order his deportation
from the United States as hereinbefore pro-
vided.'
Examination Of the prior sections Of the
act, however, discloses no provision for such
deportation. The most / can do, therefore is
tC order his deportation whenever provision
shall be made for the same by the proper au-
thority, presumably by Congress, though some
other act to which my attention has not been
called may contain sufficient provision for this,
in which case no further legislation would be
needed.
II find no provision authorizing the United
States judges in such cases to order the per-
son found without certificate to be imprisoned
for an indefinite time while awaiting deporta-
ton. and therefore shall discharge him from
immediate custody. This order will presum-
ably be sufficient warrant for his future re-
moval when some proper officer appears
charged with the duty and clothed with the
authority so to remove him."
The sixth section Of the exclusion act, which
especially 10 deportation OF Snlna-
men who have no certificates, contains at the
end Of the first paragraph the following. re-
ferring TO a Chinaman under arrest: ''Shal be
taken before a United States judge, whose duty
ii shall be 10 order that he be deported from
the United States, as hereinbefore provided,
unless he shall establish clearly to the satisfac-
tion Of said judge that by reason of accident.
sickness or other Unavoidable cause he has
been unable to procure his certificate. and to
the satisfaction of the court, and by at least
credible white witness, that he was resident
of the United States at the time of the passage
of this act, and upon the hearing it shall ap-
pear that he is SO entitled to certificate, it
shall be granted upon his paying the costs"
liz this paragraph is contained the conjunc-
ton ''and' preceding the words by at least
one credible white Witness" to which refer
ence is made by the judge in his decision.
The main point in bringing the Ny Look case
was to determine whether it were possible to
hold Cinnamon arrested under the act in
prison.