The herald., 1893-07-04
An KEN AND THE CONSTITUTION
His Council Claims That Geary
lnfringed the Latter.
An Interesting Argument Yesterday
Before Judge Ross.
rhr srpes. Prone-dipgs In tho Dcputs-
ston S,se 1ssterday--BIr. Hotch-
g.sA Makes a Very Able
Argument.

The rppYaI In the Wong Dep Kel
case wss heard before Jndge E. M. Ros
in tAc u.,nad istates district court yes
tsrday afternoon,
While IT, der:s,on was arrived at, the
proceeding developed thar the court
wa, inclined &c Limit the range of dis
! cussion mcta ~ ;Lr right of the com
missioner III s@.d Chinaman 10 the
| states prison ,usie, the 3eary act with.
out jucv trial thar 10 che deportation
| provisions o. .La act.
, In fact, counsel fqr the defenss freely
edmitted shst II the court did not GUS
tain bin. Ill -ls stste's orison propoHi-
lion, he scafcs'; .hogght he would be
npio q, secgre !avoreble ruling Oh his
othnr pa;nta,
In. neSs.1k carlv ny et 2 o. CLOCK, and
there were a'siet 10 peopie in the court
room. tioNtse, important the case
might be III ~ :!i' cts apon the deporta-
ton az non-dsrof5at;oA -, the Chinsse.
shs pun'ic intrtsst III The matter did not
extend TO 'alsaing TO arguments by
n"hpsai, however siequent.
III. ). u. natgt6lss, seiicse' for Dep
keFi s'srtsd ,he ~ ss'os;aG. ~ moving
to DANES the cNATsF aysinat aim. His
nosiac was ~. j.. rs' Gf- ~ SEX; ;ae the
dismiss "a efif % -'s.s and Aitai
sDiae rosi's lnre. .,sa9r- Vi rompii-
nests n.f&e~, :sNs',. "rnsei. the
coTrt t~ui.f 49, ,rf...H
At. y rtcik,>a ,i'ss. i. ''.s.is.' 70 arru-
,he cess ~ ''@ r'r'' t',veial's u the
,nain ,n- ss'ns sf.anG sasf =. ste.
ever oa ihe Cav h, drssr' ,ih,:sf fh-.
motion o' th- il;,do' $500. ;, y = AZ
torney ~ disfu,-f fi.e sfrs
@! eonfse hs I'D .,a' s0s' .rpa the
point lie had ,''sunA-ci h9'Dse. 'e!stiye
to the right Of his ci;-n. - ~ .ppeal to
the court. but he made s7iY 'l,ninous
argument upon ths constitutional Quas.
tions involved.
He spoke at some length. nI;d reviewed
the Legislation OF the government add
its principles with reference 10 the tight
of man charged with an 'inia,aous"
crime, that kind of crime which in
wolves states prison punishment. to
the protection of courts of justice until
proven guilty.
He argued that the provisions Of the
Geary act with reference to the order of
deportation was unconstitutional, and
quoted from various authorities in cup
port of his position. 1t was upon this
point that Judge Ross suggested that
the discussion might be directed more
nearly to the imprisonment provisions.
Mr.. Hotchkies then devoted some
time TO the right of every man in ibis
country when sccuseG of felony to
trial ny jury, and claimed that the
Geary vet. when 1t directed that
Chinaman's right 20 remain in the
country De established by affirmative
proof, and thai ne bs confined IN e state
penitentiary when ediuagsd guilty by
the court, vas against ths 9ery opirt
and letter OF the constitution.
impsass;oned n IN atGh s ssts ,.,,a @ e cite
sented his side of Ahe question wilii clear
aud cogant reasoning.
The United States district attorney in
presenting the governments rsaeons
for insisting upon the deportation of
Dip Ken as ordered by Commissioner
Van Dyke, argued that the provisloas
attached are constitutional; trat 10
came within tbs provinces os congress to
protect the country from an invasion by
the Chinese. and that the Geaty act en-
bodied all that was necessary to bring 1t
within the constitutional limits OF the
government.
The arguments were quite extended,
and at their conclusion toe appeal was
Hubmitted TO the court.
Counsel on each aids wss granted Eve
DAYS in which to file briefs in the casa.
This removes the mater from final de-
termination for ten days at least.