The record-union., 1893-05-29
TIE EXCLUSION ACT.

Carlisle Considering the Mode to be
Pursued in Arresting Chinese.
WAsHINGToN, May 2S.-Secretary Carl
isle and Assistant Secretary Hamlin are
now considering the mode to be pursued
in arresting Chinese who are here un-
lawfully without respect to the certifi-
Gates provided for in Section 6 of the
Geary Act and the exact manner of as
certaining to what class the Chinese be-
long. They are also puzzled to settle
whether they will be proceeded against
as criminals deserving 'infamous pun
ishment" or whether they will be brought
up and deported by summary proceed
ing" without presentment or indictment
by grand jury. 1t is understood Secre-
tary Carlisle holds that their imprison-
ment is not mere detention'' precedent
TO their deportation, but Infamous pun
ishment" for a criminal offense. If this
view is correct, the Chinese will be enti-
tied to jury trial as guaranteed by the
Constitution.
It's expected that when the first Chinese
are arrested under the order issued by
the Treasury Department on Wednesday
they Will be adJudged to be in the United
States unlawfully unless they shall estab-
lish by affirmative proof to the satisfac-
ton of Justice, Judge or Commissioner
their lawful right to remain. If they
cannot establish this last right it is to be
expected that they will be imprisoned at
hard labor for longer or shorter period,
not exceeding one year. This is impera-
tive, for the law says shall" be i'm
4 IL
day.
But it is certain that the Chinese attor-
neys will demand jury trials and make
test cases at the very start. Riordan hints
at this. 1t seems clear to most judicial
minds, and it is not inconsistent with
common sense, that the intent of Congress
was to make the so-called Geary Act a
political and not criminal statute. This
is very plain from the fact that Congress
said "shall be adjudged to be here unlaw-
fully" United States Judge Billings
made this even more clear when he de-
cided the case of the United States VS..
Hing Quong Chew on a motion to quash
an indictment in the Louisiana Circuit
Court. The Judge held that the Geary
Act cannot be made the basis ofindict-
ments. The statute is political and not
criminal in its nature. the proceeding is
summary in its character and the impris-
onment is not for the purpose of punish
ment, but for detention until removal is
effected in the manner provided in the
Act.
The Judge said: "The words in the
Act are those which are ordinarily found
in criminal statutes, but the intent of
Congress, as it seems to me, is unmis-
taxable. What is termed being con-
victed and adjudged' means found and
the cases are to be decided by Commits
sioner representing not the criminal law.
but the political department of the Gov
ernment. 1t seems to me we'll nigh i'm
possible Congress should have intended
that in proceedings criminal in their nat
ure there should be a presumption of
guilt, and that the accused should be
found guilty unless he proves himself in
nocent. The whole proceeding of keep
ing out of the country class of persons
deemed by the sovereign to be injurious
to the State, in order to be effective of its
object must be summary in its methods
and political in its character. 1t could
forms and rights and delays. The
alien must be sent back to his country
by the Treasury Department at Wash
ington. To prevent an unreasonable
and possibly oppressive detention it
must be within one year, and meanwhile
he must be kept from entering the COM
muuity of the people of the United States.
and therefore he is to be imprisoned. To
prevent eN pense to the Government and
as a sanitary matter he is to be made to
work"
Assistant Secretary Hamlin pro-
nounces this opinion absurd. He said
Yesterday to Representative O'Neil of
Massachusetts: "The idea of making a
Chinese work at hard labor in a peniten-
tiarv for his board is ridiculous" 1t is
believed that Carlisle shares Hamlins 5
opinions, but what are they going to do
about it? The United States Supreme
Court has declared that the Geary Act is
a political and not a criminal statute, and
other distinguished jurists all over the
country have held the same way.
ALL RELATIONS WILL CEASE.
WASHINGTON, May 2S.-"When is the
new Chinese Minister expected to arrive
in this country ?'' was asked to-day of j..
Hubley Ashtin, one of the counsel for
the Chinese Government in the recent
test case before the Supreme Court as TO
the constitutionality of the Geary law.
sin about a month"; was the reply.
SIS the statement correct that he is de-
laying his departure in order to bring an