The morning call., 1893-09-09

by the civil authorities. THERE'S, it seems
to me, harmony in placing the enforce
ment of a political regulation in the
hands OF political officials"
To tn point General Carey then ad-
dressed himself: II contend." said he,
''that the political officers are acting un-
der the Judiciary powers. Congress has
passed the law. Is the President to have
authority TO hinder its operation after the
highest court in the land has given the law
validity? l maintain that the executive
has no authority to interfere in this matter,
and cannot prevent the judicial execution
of the law.
Under section Is of the exclusion act
of 1888, which is still! in force, the judiciary
IS authorized 10 deport Chinese who may
be found residing unlawfully here. By the
provisions of this section any person may
lodge complaint against Chinaman or
inform the court of the unlawful residence
of a Chinese in this country. and the court
is bound to take cognizance of such infor-
nation or complaint and make investiga-
ton.
IF Congress intended toinvest the power
of enforcing this law with the executive
branch of the Government it would have
said so in plain words. Such was not the
intention of Congress-"
Carey further argued that the Chinese
we're here under provisions of treaty and
that they could not be interfered with ex-
cept by due process of law. The United
States Attorney, he claimed, had no au-
thority to resist the process in this case
since the court had expressly held that
this official could not dismiss case which
he did not wish to prosecute, unless under
certain circumstances which did not pre-
vail in this instance.
The question of whether there were
funds available for carrying out the pro-
visions of the law was not pertinent to this
stage of the proceedings. he maintained.
Attorney George w. Fox spoke on be-
half of the afidavits filed by Denis
Kearney. "We take the broad position,"
said he, "that here are certain persons
who are in the United States unlawfully,
and we ask that this court issue warrants
against them and investigate our COM
plant
'The United States Marshal himself is
an officer of this court, and as such may
be directed to proceed against the Chinese
according to the law. 1t is his duty, even
without such Judiciary direction, to see
that the law is enforced. And unless the
law contains a provision vesting It's en-
| forcement in the executive, the Marshal is
bound to execute the law In spite of any
directions he may receive from the Execu-
tive Department.
'The courts are independent of execu-
tive dictation, and it becomes the duty of
the court to direct the Marshal to execute
the law. We here present case of Chi
nese being in the United States unlaw-
fully, and ask your Honors to determine
the circumstances. Under his oath of
Office the Marshal Is bound to make the
arrests and should be so directed by the
court.
''If the question of lack of funds is per-
missibe in this argument, may not every
criminal compel the State to produce
balance showing that there are funds
enough in the treasury to punish them. a
prescribed by the court2 That question
cannot be entertained here, l contend. Il
is simply a question of enforcing or not
enforcing a law of Congress. Shall the
murderer be permitted to demand that the
State must first prove its ability to pur-
chase the halter before he can bs tried?
The question is analogous to this one.
Here are Chinese who have committed
breach of the law. We ask that they be
deported as the law itself provides"