The morning call., 1893-05-17
DEPORTATION PROBLEMS.
Officials With Different Ideas of How
1t Would Be Done.

Around the Federal officrS yesterday the
main topic of conversation was the Geary
law and the deportation of the Chinese.
conversation with several of the Off
GERS who will be called upon to take a
hand in the action when the proper time
comes revealed the fact that there is q
wide variance OF opinion regarding several
Important things.
1t must be understood that all talk on
the subject now is more in the nature of
conjecture than anything else. At the
same time it is interesting TO note that the
conjectures or opinions expressed by the
officials themselves are widely apart.
Collector Quinn said that no move would
be made until full instructions arrived
from the department of the treasury. He
does not expect to receive these iDstruc-
tlons for possibly ten days yet. They will
contain full details of the procedure to
be followed by the Collector. lie thinks.
The instructions that will be forwarded to
the United States District Attorneys 5
office viii come from the Judiciary De-
partment of The Government.
A POINT that has been raised here is,
VIII the two sets of instructions, coming
from different departments Of the Govern
ment, be Interpreted by the different ofli-
cials here in such manner that the work
ings of the details will lie in perfect har-
mOny?
1t is certain that at the present time two
very different opinions in regard to the
procedure that will be taken are held by
the Collector ana the United States Dis
trict Attorney.
Mr.. Quinn expresses the opinion that the
arrests will be made on the wholesale plan,
and that no trial by jury or even by the
court Will be necessary in individual cases.
On the other hand, high official of the
Government, who is in position to know
something Of the procedure in the United
States District and Circuit courts, ex-
presses the opinion that warrants VIII
have to be issued for each individual case.
The warrant must be issued in The name
OIL each defendant, as in any criminal
action, and must issue from United
States magistrate. either Court Com
missioner or Judge of the District or Cir
cult Court. The warrant must be drawn
at the instance of the Collector of Internal
Revenue or his deruty.
This warrant" says this official, will
charge the defendant with being unlaw-
fully IN the United States The court will
have to act then just the same as in any
criminal case. II it is true that Jury
cannot be demanded it will have TO be so
ordered by the judiciary Department Of
the Government
when the criminal is adiudged guilty
by the court the sentence will be passed,
and there is where the provisions of the
Geaiy act come in in declaring that the
sentence shall be deportation from the
United States. A plea of guilty by the
prisoner will. of course. stop all the pro-
eeedings of the court except Tue sentence.
When asked if more than one court
would have jurisdiction in these eases this
official said that it was possible that the
Circuit Court may have concurrent jur :
diction with the United States District
court.
On the question of the length of time it
would take TO dispose of the cases of ali
the unregistered Chinese In California if
each were accorded jury trial there is
also a great difference of opinion.
For Instance, an attorney not connected
with the Government said that it might
be done in twelve months, while Collector
Quinn says twenty years would be nearer
1t. In relation to this it was learned from
one OF the District Court officials that since
the first exclusion act was passed about
eight years ago, some 10000 nabeas corpus
cases have been disposed of by the District
and Circuit courts of the northern and
southern districts OF California.