The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-13
FOLLOWS THE LAW
But He Does Not Deport
Chinese.
OLNEY NOT so GREAT NOW.
Although His Course Amounts
to Notification.
OLNEY NOT so GREAT NOW.
IN THE HABEAs CORPUS MILL.
The Administration Has at Last Hit
Upon an Effective Plan for
Befriending Coolies.

WASHINGTON. Sept 12-The first au-
thoritatiye statement issued by the officials
of the Government in regard to the Geary
Chinese exclusion act since the recent agi-
tation concerning its enforcement or non-
enforcement was made by Attorney
General Olney to-day. 1t is as follows:
"The statement that any action has re-
Gently been taken by the President or Sc
retary Of State relative to the non-en force
ment of the sixth section of the so-called
Geary act is without foundation. All that
has been done since the original instruc-
tlons were given concuIrently to revenue
officials and to Marshals and their depu-
ties by the Secretary of the Treasury and
the Department of Justice has been done
by this department. 1t having been held
bv Judge Ross of California that warrants
could issue for the violation of said sixth
section on complaint of private individuals,
and complaints having been III fact made
and warrants having issued in various in
stances. Marshals and their deputies
have been instructed that warrants issued
by court must be served, and any orders
for deportation subsequently made in
such cases must be put into execution to
the extent of any funds available for that
purpose.
"Deportations have not actually been
made. however, for this reason. In all
cases in which warrants were issued as
above stated writs of ha beas corpus have
been applied for. and. being denied, ap-
peals have been taken from such denial.
In that state Of things rule 81 of the
United States Supreme Court, expressly
auth horized by statute, for bids any change
OF custody pending appel. The language
is: Pending an appeal from the final de-
cisiOD of any court or Judge declining to
grant a writ of habeas corpus the custody
of the prisoner shall not be disturbed
"The result is that in all cases Of the
kind referred to the parties in custody Of
the Marshal or his deputies at the time
when the appeals are taken from the
orders refusing writs of habeas corpus
must continue in such custody pending
such appeal. and can be deported, if at all,
only after judgments are given upon such
appeals iu favor CT the Government"
1t is practically conceded on all sides
that It tO-day's Cabinet meeting it was de-
cided to make no further arrests of Chinese
at present.
Secretaries Carlisle and Gresham, At
torney-General Olney. Assistant Secretary
Of the Treasury Hamlin and Representa-
tives McCreary aud Geary had meeting
tonight and talked over Chinese matters.
Geary will insist that Everetts bill be
modified so as to prohibit the transit of
Chinese in bond across the country, to
provide for photographs. to clearly define
the terms merchant" and '1aborer" and
to remedy the act so that Judge Ross de-
cision as to boarding the Chinese before
deportation will not interfere with their
prosecution and so that there may be-
reasonable detention of the Chinese. 1t
is understood it was agreed at the confer
ence that Representative McCreary would
call meeting Of the Foreign Affairs Com
mittee tomorrow. and that Everett's bill
will be modified so as to extend the time
for registration of the Chinese for six
months instead of one year.