The morning call., 1893-05-17

ton act?' is the question asked here, and
not whether they Will be able to force it.
1t is certain that If President Cleveland
and Secretary Carlisle wish to enforce it
they can do so, not to any great extent inl-
mediately, but they can expend the
$50, 600 that will be available for depor-
tatlon purposes on July l next, and then
when Congress meets in September an
additional appropriation can be made.
1t is nonsense to talk OF deportation
costing in the neighborhood Of 10000 000
This argument is being freely used here
by the pro-Chinese people. They say Con-
gress Will never consent 10 a big appro-
priation for the purpose Of shipping Chi
nese home; but if Cleveland would do his
duty he would send a special message to
Congress and say, The Treasury Depart
ment must have so much money TO exc
cute one of your laws; the money would
be Forthcoming, Notwithstanding the Hol-
NANTES. for Cleveland is an absolute auto
crat. He holds the Democracy of the
country in the hollow of his hand. the
appropriation for this purpose would be
money vel expended.
AS tits conceded that Cleveland has the
power to enforce the law il lie wishes to
do SO. ii is also ackn wledged he can frus-
trate its execution if lie is so disposed, and
he appears to be inclined that way. There
are many excuses that can and may be
made 1t is worth while to anticipate some
of them.
The first excuse will be the lack of funds /;
and next tLey may try to cook up
an Issue as to whether the deportation
money ought to be expended by the
Treasury or by the Department Of Justice
when "a United States Judge orders a
Chinese TO be deported."
The second excuse will be very flimsy
indeed, for there is no doubt whatever
that the Treasury Department will have
charge OF thedeportation of Chinese under
the new law as they have under the old
one. The fact that the law says China
man is so be deported by order of
a United States Judge is not by any means
equivalent TO saying that the expenses of
deportation are to be borne by the Depart
ment of Justice for the appropriation for
deportation purposes is clearly TO be eX-
pended under direction of the Treasury
Department.
The third excuse, and the one that is
likely to cause the most trouble of all,
turns merely upon the definition of tho
word "and" and the word "or." The sixth
section of the Chinese registration act says
that after May any Chinese found with
out certificate shall be ordered deported
by United States Judge. unless he shall
clearly establish that he was prevented
from securing 1t by reason of accident,
sickness or other unavoidable cause, land"
to the satisfaction of the court, and by at
least one credible white witness, that lie
was a resident of the United States at the
time of the passage of the act. in which
case he can lie given a certificate after
May 5.
1t will be observed the Chinese must
prove that he was prevented by sickness or
accident. and also that he was in the
United States at the time of the passage of
the act.
But the question may be raised for the
courts to decide whether the Chinese may
not be registered yet, if they make appli-
cation and prove that they were here at the
time of the passage of the act, whether
they were laboring unGeE-aay physical
disability or not and so prevented from Sc
curing the certificate before May s.
Solicitor-GeneTal Aldrich, in arguin G the
case before .the Supreme Court, said: 81
am aware that the conjunction and is
used between two conditions, upon whie h
| the Judge is authorized after the expira-
tiou OF year. and upon a hearing TO direct
the Issuance of the certificates required by
law, and it may be cOntended that such
certificate Is only permissible when
both conditions concur. which / have
separated idtC a auJs, - ii sur port o.
The constitutionality of the act il is sub
mitted that the word and would be con-
strued or by any court. In making this
suggestion do not wish to be understo cd
as admitting in bahaf OF the United
States that such separ alton is necessary to
save the act from condemnation under the
constitution. but rather to suggest it as q
reasonable Interpretation of the language
used. It's cOEstitutiOnality is affirmed in
behalf of the United States in any event"
Soiicitor-General Aldrieh was seen by
The CALL correspondent to-day and
asked his opinion whether land" could in
any way be construed as ''or." AIdrich
said he did not wish TO be quoted. and
merely said, II stand by my brief." Aid
rich was apparently greatly annoyed and
referred the correspondent to the Attor-
ney-General, who would, he said, be the
proper party to pass an opinion upon such
question. Il am getting ready to abdcate
my Office" said Aldrich, 'and must refer
you to Mr.. Olney."