The Indianapolis journal., 1893-05-28
THE CASE OF ~ LOOK.
Judge LacOmbe's View OF the Chinese law
Much Depends On the Word And"

NEW YORK. May 2.-Judge Lacombe. of
the United States Circuit Court. at the re-
quest OF Maxwell Evsrts. associate conn
cases. made o written decision yesterday
of his order in the proceedings affecting the
srrest OF Ny Look, who was arraigned un-
der the Geary act on Wednesday. In his
written decision Judge Lacombe says:
The prisoner. who vas on May "a ar
rested by the United States marshal being
admittedly Chinese Iaborer. and found
without the certificate of residence re-
quired by the act of May 5, 1852. now offers
To prove by credi bic white witness that
he was . resident of the United States at
the time of the passage OF the act. but
does not proffer any excuse. such as is
recognized by the sixth section. Tor bis
failure to procure certificate within the
time limited. The statute requires the Judge
before whom such person Is brought TO
order that he be deported from the United
states, unless he proves not only residence
here before the passage of the act. but also
some sufficient excuse for the nonproeur-
ing OF his certificate.
In my opinion. tho Trainer of the act
used the conjunctive ana instead of the
dlsjunctIve or adNisedly and intention
ally. The use OF the word so at the close
OF the oentence 10 persuasive TO this con-
struction- IL the Supreme Court has held.
as It is suggested, that and must be read
'"r' to make the act constitutional. such
construction would give q different ASPECT
to the case, but am shown such opin-
SoD. nor Is any yet filed. and must, there
fore, take the act as lind n.
The arrest by the marshal was Within
the authority conferred on that officer by
the sixth section. but the prisoner having
been brought before the tribunal which Is
TO pass on his case. the Question now arises
what is TO DO done with HIM. The sixth
section says that it shall be the duty of the
Judge To order his deportation from the
United States, as hereinbefore provided.
Examination OF the prior sections of the
act. however, dlscl0ses no PROVISIONS for
such deportation. The most | can do,
therefore. Is to order his deportation when-
ever provision shall 6e made for the same
by the proper authority, presumably by
Congress- though some other act TO whic b
my attention has not been called may con-
tain sufficient provisions for this. In wbic b
Case no further legislation would be eeded.
81 find no provision authorizing the
United States Judge in such cases TO order
the person iOnnd without certificate TO be
imprisoned for All indefinite time while
awaiting deportation. and. Therefore. shall
DISCHARGE him from immediate custody.
This order VIII presumably bo sufficient {
warrant for ID Is future removal when some
proper officer appears charged with the
duty and clothed with the authority so TO
remove him."
The sixth section of the exclusion act
which refers especially to the deportation
of Chinemen who have no certificates con-
taIns at the end of the first paragraph the
following. referring To u CbInaman under
arrest:
Shall be taken before United States
Judge whose duty IL shall he 10 order that he be
neported from the United states as hereinhef fore
provided. unless he shall establish clearly to the
satisfaction OF said judge that BY reason or Rcci-
dent. sickness or other avOidabe cause he has
been unable TO procure his certificate. ana 10 the
satisfaction OF the conrt. and, by at least one
credible white witness. that he was resident OF
tho United States at the time OF the passage OF
this aud r. upon the heariDg. IL shall appear
that ne Is entitled TO certificate. II shall be
granted upon his paying the costs.
In this paragraph is contained the con-
Junction land" preceding the words ''by
at least one credible white witness" 70
which reference is made By the Judge III
has decision. The main point in bringing
the Ny Look case was TO determine whether
IL wer- possible to hold Cinnamon arrested