The record-union., 1893-09-12
Special to the RECoRD-UNroN.

WASHINGTON, w Sept. 1.-Attorney-
General Olney has instructed United
States Marshals to take no further steps
for the enforcement of the Registration
Act pending specific instructions to the
contrary from Washington. These in
structions do not apply, however. to Chi
nese already in process of deportation by
due process of law.
Mabley Ashton, Of counsel for Chinese,
applied to the Treasury Department to-
day for stay of proceedings in the case
OF Chinese recently ordered back to
China by the District Court at Los An
geles. He was referred to the Depart
ment of Justice, and there informed that
the department would not interfere in
cases already passed upon by the United
States courts.
The new Chinese Minister to this coun-
try, Jang Yu, was at the State DEPART
ment to-day. and it is understood was in
formed by Secretary Gresham of the in
tention OF tho Administration to suspend
farther action under the Exclusion Act
pending action of Congress on the bill
introduced by Representative Everett to
extend 10 September l, 1894, the time to
which Chinese may register. This change
IA attitude necessary in the department
strucuons for the enforcement of the
Geary law, is, it is believed, due to strong
protests of the Chinese Government,
coupled with the intimation that in the
event Of such action that Government
would no longer assume the responsible
lty Tor the future safety OF Americans in
Chinese territory.
Representative Geary was at the White
House this morning and President
Cleveland gave him to understand that it
was nus desire that the Chinese be given
another chance to register under a bill to
be introduced by Everett of Massachu-
setts, extending the time in which the
Chinese may register to September, 1894.
Meanwhile the law will not be enforced
Hoar introduced bill in the Senate to-
day amending the Geary Chinese Exclu-
sion Act, extending the time for registra-
ton three months after its passage, and
repeating that portion requiring that wit
nesses in the cases against the Chinese
shall be white.
The bill continues in force the first six
S-cuons Of the Geary Act until a treaty
can be made with China for the rerula-
ton of Chinese immigration.
WARRANT ISSUED FOR ARREST.
SAN FRANCISCO, Sept. 1.-Quite large
audience of lawyers were present in the
United States Circuit Court this morning
at ii O'Clock when Judges Nick emma and
Morrow delivered their opinion upon the
application for the arrest Of a Chlnaman
under the Geary Act. The application
was argued on Friday last by John T.
Carey and George w. Fox on behalf OF
the law and United States District Attor-
ney Garter on behalf OF the Department
OF Justice. The application was made by
Mr.. Carey and the Chinaman sought to
be arrested was one Jim Lee, who was
alleged to be u resident of Sacramento.
and at large without the certificate re-
Quired by the Geary Act. A similar an
plication was made by Mr.. Fox for the
arrest of three Chinese employed in the
shot tower. The question involved was
whether warrant of arrest is the proper
proceeding for the enforcement OF tho
law.
United States District Attorney Garter
OBJECTED to the warrants being issued on
the ground that there is no appropriation
available TO doport the Chinese, and that
be had been Instructed by the Attorney
General to ask that he operation of the
law be suspended until money can be
provided by Congress.
Circuit Judge Mckenna delivered the
opinion of the court, which was short
aud TO the point. He said Section 6 Of the
Geary Act provides for the registration Of
all Chinese in the United States. aud all
thorizes the arrest of those, after a certain
time, who are found in the country with
out a certificate. There is no doubt of the
power of Federal Judge to issue war
rants for the arrest of any person com
planned of by private citizen for a Fed
eral oflense.
This is conceded by the Attorney-Gen-
eraI and has been so held by the courts
repeatedly. But there is considerable
doubt whether, in the case of 4 law where
the power of arrest is conferred on the
EXectlve Department. Federal Judge
can issue warrant Judge Ross, how
ever, has decided that the executive and
Judicial powers are concurrent and this
court does not care to oppose its opinion
to his, he being very learned and care
ful Judge.
Ii lit is the duty of the court to issue the
warrants prayed for, it should not hesi-
tate in so doing, unless it is practically
impossible to carry them into effect
Notwithstanding the statement of the
District Attorney there is no lmpediment
in the way OF the issuance OF the warrant
IN the case OF Jim Lee. The mere fact
that the Department OF Justice has no
money 10 deport him will not justify a
Judicial officer in suspending the opera
ton of law of Congress.
The court, therefore, ordered the war
rant TO be issued for the arrest of Jim Lee.
1he complaints in the cases of the Chinese
IN the shOt-tower were immediately
sworn TO and they viii be arrested this
afternoon.
STAY OF JUDGMENT.
SAN FRANCISCO, Sept Il.-R. Z. Ling.
lne attorney for The five Los Angeles
Chinese ordered deported by Judge Ross,
to-day applied to the Federal Court for
the release OF his client on writ of habeas
corpus.
The writ was denied and Ling appealed
to the Onited States Supreme Court. This
writ acts as a stay Of Judgment, and the
Chinese will not be deported on the
steamer which sails tomorrow.
MORE ORDERED DEPoRTED.
Los ANGELES, Sept. u.-Judre Ross
this morning ordered the deportation of
seven more Cinnamon. All the china
men came from Redlands. Twenty mora
warrants for the arrest of Chinamen were
issued. The trial OF Cinnamon will he
continued all day in the United states
District Court.
CHINESE DESERT SANTA MONICA
SANTA MONICA, Sept. l.-Although no
Chinese agitation has taken place here.
there was complete abandonment of the
town this morning by all Chinese laun-
drymen and vegetable vendors.
ANTI-CHINEsE AGITATION INCREASING
RIVERSIDE, Sept. 1.-THE anti Chinese
agitation in this city is on the increase.
The committee in charge of the matter
has secured the names of several Chinese
! Al. l