The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-10-07
JUDGE ROSS AFTER oLxEr.


sssst
Los AssEIEs. Oct. "A few DAYS ago
Attorney General olney published letter
IN tue New York Tiaaes, ridieuiing Federal
Judge Ross because 0. his decisions in the
Chinese deportation cases. Today the
Judge made public an. answer 20 Oiney.
Judge koss quotes portion of the attor-
ney generals letter, in which hs assign.
the reason for the failure TO proshe funds
for the execution of the deportation clause
OF the Geary act 20 the state marshai's ae-
count. and then quotes olney's telegram
10 the district attorney. in which he says
ne has been advised by the secretary of
the treasury that there are no funds to
carry out the provisions of the act. Judge
Ross calls attention to the inconsistency
OIL these statements, and says:
My telegram To the president, referred
70 oy you, was as follows: In the per-
formance of my judicial duties have been
csltd upon to administer the provisions
OF section i3, of the act of congress
OF September Is. isSs. and OF sec
non D, OF the act of May
;, is2 In proceedings regularly
commenced and prosecuted pursuant to
those laws certain Chinamen have been
ordered 10 be taken by the marshal to the
port OF San Francisco and there deporled
10 China. A number of such persons are
county under such orders. and have been
Tor q 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 the at
toreey general bv three several
,eiegrams without any response from him.
This practical annuliment of the laws and
oil the orders of the judicial department
regularly made in pursuance of them,
strikes at the foundation OF our system of
government and cannot be permitted to
pass unchallenged. | therefore respect
faiiiy call your attention TO it for such
action as you may deem proper
Judge Ross shows by quoting number
OF decisions that the attorney general is
wrong in his claim that the act OF Septem-
Der ES. isss. is not valid law, and says:
"one would suppose that the attorney
general before undertaking TO disre-
gard an order made by United
States judge would inform himself
in respect to the law under which
such order was made. especially
when the decisions upon the sub
ject are pat in his hands. The truth
~ that IN this business you, following in
the footsteps OF your immediate prede-
eessor, Attorney General Miller, in the
Itata case, have made yourself ridiculous.
In that case he distinguished himself In
the same way by 50 grossly misstating
the facts and my decision as TO
iesd the then president, Gen. Harrison.
into a similar misstatement in so
impotant paper as massage to con-
gress, and to denounce the decision which
was afterwards affirmed by the circuit
courf of appeals for the Ninth circuit,
COM Hosed at the time OF three junges. all
OF whom We're appointees of Gen. Harri-
son. In the case of the Cinnamon you
nave upon your own showing
evidently misinforniea the president
nfh Zh th
execution of the law. and through state
nents given to the press have held up my
decisions as being given without authority
of law. l shall therefore feel no hesitancy
in making public this response TO your
letter Of September -. which was all
dressed TO me in your official capacity.
Respectfully. EgsKIsE NJ. Ross,
United States District Judge"
WASHINGTON CITY, Oct 6.-The secretary
OF the treasury has sent to the senate a re-
vised estimate of the cost of deportation of
the Chinese now in the United States IN
accordance with the provisions of the
Geary law. The statement is supple
mentary 10 that of September IL. and in
creases the estimate of the total appropri-
alton necessary from So 0oo, 900 TO $40. .335.-
600. A portion of this increase. 81, $50 900. is
due TO the fact that the steamship COM
panies have increased the rates for trans
porta.ion of Chinese from San Francisco
to Hongkong from S35 to S4i. The re-
naming increase is due TO the fact that
the first estimate did not include the ex-
penditure on courts which the enforce
ment OF the act renders necessary. The
first auditor of the treasury gives ii as his
opinion that $50 per capita will be low
estimate of cost under this head in Cali
fornia, while the amount will be greatly
increased in other states. As an example
of the maximum of such costs the auditor
instances the fees of the United States
marshal in a deportation case in that
state which reached $780, The auditor
thinks $50 a fair average of such costs. out
side of the expense of confinement. which
is from 50 cents to 81 per day. and would
therefore increase the amount necessary
indefinitely.
Los ANGELES, Oct. 6-Charley All Him,
a notorious highlander and disbursing
agent of the Chinese Six Companies. was
ordered deported by Judge Ross today.