The herald., 1893-07-01

descent SO arrested. Even II that rule
be violation OF any constitutional pro-
vision or principle, it would 90 only to
the validity Of the Judgment appealed
from, which is not now for considera-
tion. 1t could not operate to cut off or
take away The right OF appeal conferred
by any existing provision Of law.
The fourth section OF the act of May
5, 1892, prescribes the punishment to be
inflicted upon those convicted and ad-
judged to be unlawfully within the
United Stases. 1t reads:
THAT any such Chinese person or
persons OF Chinese descent convicted and
adjudged to ne not lawfully entitled to
be or remain in the United States shall
be imprisoned at hard labor for q period
not exceeding one year, and thereafter.
removed from the United States as here
in before provided"
Ii was by virtue of this provision Of
the statute that the commissioner adj
Judged the defendant to be imprisoned
at hard labor in the state prison at San
Quentin for two days, and to be there
alter deported to China. To what ex-
tent this section OF the Geary act may
be violation of articles and OF the
amended constitution OF the United
States will be for consideration on the
hearing OF the appeal, when the ques-
tion in respect to the validity OF The
Judgment will ariee. Its consideration
on this motion would be out of place
The remaining sections OF the act OF
May 5, 1892, have no application 10 HE
present case. From this brief ei ate-
ment o; its provisions it is apparent ttnt
there is nothing in it repeating b. IN
II. -
Is OF the act of September l3, 1885 ,y-
ing to thedefendant the right OF apr-al
from the judgment Of conviction OF tho
commissioner. On the contrary, the
Geary act, in it's frat section, in express
force prohibiting and regulating the
CONS and persona of Chinese descent, are
OF 10 years from the date of this act"
Among the laws in force at the time
of the passage of the Geary act, az has
been seen, was that provision ofthe act
of September 13, 1885, declaring, "that
any Chinese person or person Of Chinese
descent, found unlawfully in the United
States, or it's territories, may be arrested
upon warrant issued upon the COM
plant, under oath, filed by any party
on behalf of the United States, by any
justice, judge or commissioner OF any
United Staten court, and when convict
ed, upon a hearing, and found and ad-
judged to be one not lawfully entitled to
be or remain in the United States. such
person shall be removed from the
UAised States to the country whence be
came. But any such Chinese person
convicted before commissioner OF q
United States court may, in 10 days
from such conviction, appeal to the
judge OF tho district court for the dis
triet."
That provision OF law is the only pro-
vision that have found in any of the
acts of congress iu relation to the exclu-
zion OF Chinese persons and persons Of
Chinese descent, providing fo- the filing
OF verified complaint on behalf of the
United States charging a Chinese per-
son or persons of Chinese descent with
being unlawfully within the United
States or its territories, and for the ar
rect Of such person upon o warrant is
sued upon such complaint, by any JUS
tice. judge or commissioner OF any
United States court. That it is still in
force consider clear for the reasons al
ready stated, together with the accom-
panying provision concerning tho hear
ing on the charge, and the accompany
ing right OF appeal in the event OF a con-
viction before the commissioner.
The motion to dismiss the appeal ia
accordingly denied. IS.