The herald., 1893-10-07
OLNEY CALLED RIDICULOUS,
Judge Ross INDUCES in Some
Spicy Personalities.
An Open Letter Which Contains Some
Interesting Reading.
The Judge Replies to q Letter from
the Attorney -Gsnerai and Charges
Him with Decided Want
OF Perspicacity.
The following correspondence was
handed to HERALD reporter yesterday


Los ANGELES. CAL. Oct. 6. 1898.
Hon. Richard Olney, Attorney General, Wash
ington, d. O.
SIR: received last evening your let
ter under date Of September 20th. In
1t you say:
: sThe difficulty in advancing funds to
Marshal Gard arose from the state OF
his accounts. His bond is for $40. 900.
He had already been advanced more
than that amount, for which no vouch-
ers had been received. The treasurer's
rules OF long standing, OF which all mar
shals are supposed to be cognizsnt, pre-
vented the advancement OF further
moneys to marshal Gard ia this state OF
his accounts. But, in view OF the ext
gency suggested by your telegram to the
president, the acting encouragement
obtained the assurance from United
States Attorney Denis that the marehal
had in his possession vouchers which
had not yet been presented, to en-
amount of about $4,000, and assumed
the responsibility OF securing further
advance to the marshal of $2500. which
was remitted to him yesterday. ] have
asked United States Attorney Denis to
req ueat the marshal to have the vouch-
ers referred to approved and forwarded
promptly"
When the case OF the United States
against Chum Shang Yuen was called
for hearing, the district attorney pre-
Bented the following telegram from you:
II am advised by the secretary OF the
treasury that there are no funds 70 ex-
ecute the Geary law 40 far as same pro-
vides for deportation of Cinnamon who
have not procured certificates OF resi-
dence. On that state of facts, circuit
court of the United States for southern
district of New York made following
order: Ordered that -- be, and he
is hereby, discharged from the custody
of the marshal, and ordered to be de-
ported from the United States whenever
provision for such deportation shall be
made by the proper authoritics.' Ask
court to make similar order in like
cases. OLNEY, Attorney General"
These statements respecting the same
one who peruses them, wholly incon-
eistent; for in your letter you place
your failure to provide funds for the ex-
ecution of the law in question upon the
ground OF the state OF the marshal's ac-
counts, while in your telegram you give
as the reason want of funds.
Your letter to me OF September Goth
proceeds:
"You say In your telegram that you
are administering the provisions of sec-
(25 Stats, 476). That act was only to
take effect on the ratification Of the
treaty then pending betweet the United
States and China mentioned in the first
section of the act. The gtrsaty was
never ratified, and / do not therefore
understand that section Is Of the act re-
!. .faxxad toiR IN. .faxca. ar. loan4nous*ituts.
the foundation Of any legal proceed
ing5."' ,s
My telegram to the president, referred
to by. you was as follows:
sin the performance of my judicial
duties have been called upon to adj
minister the provisions of section 13 OF
the act OF congress of September Is,
1888, % Htatutes, page 676. and OF Sec
tion 6 OF the act OF May s, 1892, statutes
Of 1892, page %. In proceedings regu-
larly commenced and prosecuted pureu-
antto those laws certain Cinnamon have
been ordered to be taken TO the port of
San Francisco by the marshal and there
deported to China. A number Of such
persons are now detained in the jail of
Los Angeles county under such orders,
and have been for number of days.
The marshal states in open court that
he has no funds with which to execute
the orders and that he has SO advised
Attorney General Olney by three several
telegrams without any response from
him. This practical annulment of the
laws, and of the orders OF the judicial
department regularly made in pprsu-
ence OF them, strikes at the foundation
OF our system OF government, and can
not be permitted to pass unchallenged.
therefore respectfully call your atten-
ton to it for such action as you may
deem proper"
1t is very strange that you should be
Ignorant OF the fact that section 13 bl
the act OF September IL, 1888. is q valid,
exciting law, since it has been 30 held
to be by numerous courts, the opinions.
oi which were duly reported in the Fed
erRl Reporter; and q number OF them
were expressly cited in my opinion in
the case of the United States against
Wong Dep Ken, decided June 80, 1898. a
copy OF which opinion was sent to you
at the time. Other decisions to the
same effect YOU will find reported in
AZ Federal Reporter, 433; AZ Federal
Reporter, 876; So Federal Reporter, SO,
and 30 Federal Reporter, 27I, the last of
which is q decision by the circuit court
OF appeals for the Ninth circuit, bv
which |. at least, am bound. You will
perceive that the courts held that sec
tion 13 OF the act OF September 13, 1888,
was not dependent upon the ratification
OF the then pending treaty between the
United States and the emperor OF China,
and did become law. One would sun.
pose that the attorney-general, before
undertaking to disregard an order made
by United States judge, would into,m
himself in respect TO the law under
which such order was made, especially
when the decisions upon the subject are
put in his hand.
The truth is that in this business you.
following in the footsteps of your imme-
diate predecessor, Attorney. Genera,
Miller, in the Itata case, have made
yourself ridiculous. In that case he
distinguished himself in the same way
by SO grossly misstating the facts and my
decision as to lead tho then PRECEDENT,
General Harrison. into similar misstate-
ments in so important paper as meg
sage to congress, and to denounce de.
clsion which was afterwards affirmed by
the circuit court OF appeals for the niath
circuit, composed at the time OF three
judges, all OF whom are appointeea of
Genera! Harrison. csc Federal Reporter,
page 505.)
In the case of the Chinamen you have,
upon your own showing, evidently mis-