The morning call., 1893-01-10
Few Chinese Have Obeyed
the Geary Act.
ALL CANNOT BE REGISTERED.
General McComb Says 1t Takes One
Hour to Register Each Chinese.
The Federal Courts.

protection of those registering under the
law, as II was thought owing to the high
state Of feeling ever the new law there
might be some danger to those who braved
their fellow-countrymen by registering in
opposition to the dictates of the Chinese Six
Companies and their attorneys.
II was learned yesterday from the most
authoritative sources that up to date there
has been a total Of forty-seyen Chinese who
have registered. This was admitted at the
Internal Revenue Office yesterday. A bout
nine months of the year in which the
Chinese have to register have passed away
and only fOrty-seven have protected them
selves from arrest and deportation by taking
out the proner certificates The last Chin
csc TO register visited the Internal Revenue
Office on January l. There were seven In
the party and they were given the neces-
sary instructions. The next day five re-
turned with their photographs and they
were properly registered. The other two
have not been heard from.
Out of co. 600 Chinese in this city, accord
Ing TO the Federal officials. lot fifty Of them
have registered. There only remain 100
DAYS, when the penalties Of non-registra-
ton will go into effect, that is Imprisonment
and deportation.
With the present force at the Internal
Revenue Office, it will be impossible to reg
lister these Chinese. even if the line of appli-
eants began now and continued until the
1st of May, when the Government will call
time on the Chinese, and proceed 10 enforce
the penalties for violation of the Federal
statutes.
General John McComb, who has charge
of the Registration Bureau for the Chinese
under the Geary act. was questioned on this
suhiecJ yesterday.
Under the law, that is, carrying cut all
It's provisions regarding certificates, 1t takes
Just one hour 10 register each Chlnaman.
This seems long time, but when one con-
siderS what has to be done, 1t will be seen
that registration cannot possibly be made
any quicker.
I'm the first place, the applicant has to
be examined ana his Witnesses questioned
as to his arrival. residence and history.
"Ihen a physical examination must be
made as To marks Of Identification and per-
sOual peeuliarities. He has also TO be ac-
eurately measured. Following this three
certificates must be made Out-an original
Certificate a duplicate and a stub The GER
tlfcates are made out in books Of 100 each,
and the books when completed are sent 10
Washington. The original certificate is
given TO the applicant and is his charter Of
right TO walk unmOested in the land. The
duplicate certificate and the stubs of each
book become tie property of the Treasury
Department at Washington.
st takes considerable time TO write out
these certificates, as all the detailed marks
of Identification have to be written out In
full. From experience we have found 1t i'm
possible to register Chinese in less than
one hour
Besides myself as chief Of tie blreau,
there are two assistants appointed for this
work. Each Of Us takes part of the work in
the case of an applicant-one doing the eX-
animation and the others attending TO the
certificates. But no matter how you ar
range il, three men can only do three mems
work. aud an hour is occupied before la
Chinese can get his certificate. We only
work six hours a day. from 9 To- y and from
l to 4 o'clock, so IL would be impossible for
MS 10 register more than six Chinese day.
Even if Chiaese applicants were present
every hour from now uD I'LL the lst OF next
May, and we were constantly at work, We
could not register with cur present force
more than go, as there are only about 100
days left before the enforcement OF the
penalties for violation Of the statute
"But we are only here 10 execute the law,
and not to criticize II. Ii the Chinese came
in with rush, extra facilities would, with
cut doubt, be ordered by the Treasury De-
paftment for registration. The Collector
cOrld utilize every emtloye in the Office. as
he does when the licenses become due. but
even then the force would not he sufficient
TO r gister all the Chinese in this city with
out extra clerks.
-
at San Diego, for instance?" was asked.
"Such cases are attended to by our
division deputies in different parts OF the
State" was the reply. Tits not necessary
tor a Chinese In San Diego 10 come 10 San
Francisco. lie can make his application
to a division deputy in his own city and
secure his certificate"
"DO you think that there is anything In
the Eastern telegram published on Sunday
about Chinese photographers making pho
tOgraphs which would fade away within a
year?" WAS inquired.
THAT story Is absurd" returned General
McComb. 1t was evidently written by a
man who had no idea Of what a certificate
is CT for y hat 1t is intended Tor. Why should
a Chinese want his photograph to faGe
away? OF what interest would this be 10 him I?
On the contrary, u would inJure him. 1t is
to his interest 10 have Ii last Tie ceTtiii-
cate is his hight OF residence, his passport,
and il is to his interest 10 have it perfect
and in as good condition as possible. Par
ticularly he wants the photograph, for tha.
is his principal means of Identification, and
more certainly establishess his right to the
certificate.
The Federal officials do not hesitate 10
state that they have inside information that
after the Chinese New Year, which occurs
in the middle Of February. the Chinese will
begin to register with a rush. STILL they
VIII not talk on the subject
II is thought that the Chinese who desire
to remain in this country have awakened to
the fact that they must register, for the
reason that they can expect no aid from the
courts between now and the 1st of May.
In every case thus far before the Federal
courts the Gesry act has been upheld and
there is nc knowledge in the Internal Rev.
enue Office of any appeal having been
taken as vet TO the United States Supreme
Court. One may be taken, but it requires
considerable time for that august tribunal
to take up q case, and q decision could
hardly be reached before May l.
OF the cases In which the Geary act has
been involved two have taken place ia Cali
f0rnia and one in Louisiana. As consider
able misaDprehensiOn exists about these
cases short account is here given of each
Of them;
The first case was thatyof Ng 10y Hoe.
Chinese girl. She had been Illegally landed,
and upon being arrested and brought before
United States Commissioner Sawyer was
sentenced to Eve days imprisonment and
then to be deported TO China. Her lawyers
sued out writ OF habeas corpus, aud in
their argument before Judge McKenna con-
tended that Commissioner had no power
10 sentence any person 10 Imprisonment,
ard that before she could be convicted of
any crime Ng 10y Hoe was entitled to a
trial by jury.
Judge McKenna, after hearing elaborate
arguments on the question Of the jarisdic-
ton OF the United States Commissioner and
the constitutionality of the Geary act, up
held Commissioner Sawyer. ruled that the
girl had been lawfully sentenced. ordered
the writ dismissed, and the defendant to be
remaudsd back TO custody aud to be de-
ported to China.
Judge MeKenna by this ruling sustained
the validity of the Geary act IN what was
feared to be one Of its most vulnerable sec
lions.
Ia this case Lyman MowrY the attorney
for the Chinese girl, did not hold that the
Gcary bill was unconstitutional. In fact.
he admitted that II was constitutional, and
only attacked that section which sentenced
Chinese TO imprisonment for unlawful resi-
dsnce He held that the Geary bill had
made the unlawful residence OF Chinese in
the United States an Infamous crime, and
that under the fifth and sixth amendments
of the constitution of the United States
these persons could not be punished or de-
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