The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-09-06

not only greatly embarrass co-orcinafe
branch of the government. which, without
necessary funds, would hs manifessiy
powerless 10 send ont Of the country per-
further fact that such offending
persons could not be constitution
ally imprisoned at hard LABOR IN
the state prison rs provided ny the fourtn
section of the Geary act, and because any
unreasonable detention of them would en-
title them TO discharge from restraint ny
the very court ordering their deportation,
or by any other court having power 10 IN
quire by writ Of habeas corpus into the
illegal restraint of any person OF ms I'D
erty. Such course Is in no respect incon-
sistent with the entire independence Oh
the Judiciary.
while, under our system OF govern
snent each great department.. executive.
Judicial and legislative, IS. within It's
proper sphere. wholly independent Oh the
others. yet the deslgn is that ali shau
work In harmony and not at cross pur-
poses. The provision of the statute In
question is not penal law. 1t was so de-
cIded by rhe suprme court in the case OF
Fong Yue Ting VS. the United States. liz
was the exercise OF political power oy con-
gress 10 expel . certain class OF aliens from
the country. which could be exercised, as
was decided In the case cited, entirety
through the executive officers, or through
them uith the aid of the Judiciary. By
neither method could the Objectionable
persons be sent away without money 10
defray the necessary expenses OF deporta-
ton, and therefore repeat what was said
when awarding the warrant. that no
judge. in my opinion, should order into
custody for deportation any Chinaman
whom he iudicially knows cannot be de-
ported by the executive department for
want of necessary means, but the informa-
ton conveyed to the court through the at
torney general is not that there are no funds
available for the execu ton of the Geary
act, but that there are no funds to ex-
ecute the Geary law, so far as the same pro-
vides for the deportation of Cinnamon who
have not procured certificates OF resi-
dence.' That portion of the Geary act
requiring such certificates to be procured
is the sixth section. and. its validity hav-
ing been sustained by the supreme court
in the case of Fong Yue Ting vs.. the
United States, it Is as much part of the
Geary law as any other part Of it. Any
Chinese Iaborer violating its provisions
and thereafter remaining in this country
is as much uniawfully here AS If he SNUG
gled himself into the country contrary to
the provisions of the statute, for the
simple reason that in each case the exist
ing law makes the net unlawful. The vio-
lator of each is subject to deportation, and
equally so.
mo other distinction can be legally
made than that they are offenders. and
can see no valid ground for Withholding
warrant for the arrest of any person prop
erly charged with violation of any of the
provisions of the law in question, nor for
denying an order for the deportation OF
any such persons proven upon a hearing
to have violated that law, in the absence
of judicial knowledge that the department
of the government charged with the duty
of executing its provisions Is not provided
with the necessary funds with which to
execute such order. That information, rs
has been SAID, is not conveyed by the COM
munication of the attorney general. On
the contrary, the clear inference drawn
from 1t is that there are funds available
for the execution of the Geary law other
than its sixth section. The distinction
thus attempted to be drawn between diff
ferent offenses denounced by the statute is.
in my judgment, without authority of
law. and my sense of duty obliges me to
disregard it. Congress made no such dis
tinction in making, as itdid, an appropri-
alton for the enforcement of the provision
of the Geary act In the act of August 1892,
entitled, An act making appropriation
for sundry civil expenses of the govern
ment for the fiscal year ending June 80,
1885, and for other purposes and in max
ing similar appropriation for the same
purpose in the act of.March. 1893, entitled
civil expenses OF the government for the
fiscal year ending June 80. 1894, and for
other purposes. The provision first re-
ferred to Is found in the United States
statutes at larkes BLISS. page 365. and
is as follows: sEnforcement of the Chinese
exclusion act. to prevent the unlawful en-
try of Chinese into the United States by
he INF ant .,F Sfah Ia eth a.
force the laws in relation thereto. and for
the expenses of returning to China all
Chinese persons found to be unlawfully in
the United States, including cost of inn
prisonment and actual expense of convey
ance of Chinese presons to the frontier or
seaboard for deportation, and for enforce
ing the provisions of the act approved May
5. 1872, entitled AN act to prohibit the
coming Of Chinese persons nSon, into
appropriation for the fiscal year
ending June 30, 1894, is found in the same
volume, and is as follows: Enforcement
of the Chinese exclusion act to prevent
the unlawful entry of Chinese into the
United States by the appointment of
suitable officers to enforce the laws in
relation thereto and for expenses OF re-
turning to China all Chinese persons found
TO be unlawfully in the United States. in
Guiding the cost of imprisonment and
actual expense OF conveyance OF Chinese
persons to the frontier or seaboard for de-
portation, and for enforcing the provisions
of the act approved May 5, iS92, entitled.
IAN act to prohibit the coming of Chinese
persons into the United States. $50 600.
together with the unexpended balance of
the appropriation for the fiscal year 1898. I"
The evidence in the case showing that
the defendant is and was ut the time OF
the passage of the Geary act Chinese
iaborer residing In this state, and that he
failed 10 register in accordance with the
provisions OF the sixth section of that act,
and no excuse therefor being attempted
to be shown. there will be findings &C
cordingiy and an order that he be de-
ported.
The opinion was praised on all hands.
Applications for over 100 warrants were
made this morning.
VICTORIA, Sept. Especial. Rev. O.
s. Nostegrand. of Hankow, passenger on
the Empress of China, was an intimate
friend of the Swedish missionaries mas
sacred at Sungpu. and after attending the
congress of faiths ut Chicago, representing
the Norwegian Lutheran church. he Will
proceed to Scandinavia TO lay the facts be-
fore the government and complain OF the
position taken by the consul.
LoSpos, Sept. 4.-The Chronicle. in an
article on the Chinese exclusion act in
force in tho United States, remarks that,
urged by local politicians. the American
government has added another problem to
its list. Ii admits that IL 10 difficult to
answer the arguments OF those persons
hostile 10 the presence OF Cinnamon, and
says il could imagine the cutlery that
would be made in England il dozen
shiT Inada ,s T;au,w{r ~aoiiaa arrival