The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-07
THE GEARY LAW TROUBLE.
Judge Ross Makes Caustic Reply to
Attorney-Genera1 oIney.

ago Attorney GeneIdl OiiSS PUo
lished a letter in the New York
Times ridiculing Federal Judge Ross
because of his decisions in the Chi
nese deportation cases.
Judge Ross, in answer to Olney,
quotes a portion of the attorney gen
erals letter in which he assigns the
reason for the failure to provide
funds for the execution of the depor-
tation clause of the Geary act, and
then quotes Olney's telegram to the
district attorney, in which he says he
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 of these statements and
continues:
your letter tome OF September 20
proceeds: You say in your telegram
you are administering the provisions
of section Is Of the act of September
49, 1883, (25 States, 42D; that the act
was to take effect on the ratification
of the treaty then pending between
the United States and China men
toned in the first section of the act.
The treaty has never been ratified,
and do not, therefore, understand
| that section 13 of the act referred to
| is in force or can constitute the foun-
dation of any legal proceedings. "
| Continuing, Ross says: my tele-
gram to the president referred to by
you was as follows: In performance
of my judicial duties I am called
upon to administer the provisions Of
section 10, Of the act of congress of
September 13, 1888, and section 6 of
the act of May l, 1892. In proceed
| ings regularly commenced and pros
ecuted pursuant to those laws, GER
| tain Cinnamon were ordered taken by
the marshal to the port of San Fran
! cisco 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 a number of days. The mar
shall states in open court that he has
no funds with which to execute the
orders and he has so advised the
attorney general by three kilograms,
without any response from him. This
is a practical annulment of the laws
and orders ,of this judicial depart
ment regularly made in pursuance of
! them strikes at the foundation of our
system of government and cannot be
permitted to pass unchallenged. l
therefore respectfully call your atten-
ton to it for such action as you may
! deem proper"
Ross then says: ut is very strange
you should be ignorant of section Is
of the act of September 49, 1883, a
valid, existing law, since it has been
so held to be by numerous courts
the opinions of which are duly re.
jported in the Federal Reporter.
Judge Ross refers the attorney gen
eral to number of decisions in the
Federal Reporter and says: "You
will perceive the courts held thai
section IS Of thesact of September 10
1888, was not dependent upon the rat
itication of the then pending treaty
between the United States and the
emperor of China and did become a
law. One would suppose the attor.
ney general, before undertaking tc
disregard the order made by a United
States judge, would inform himself ir
respect to the law under which such
order was made, especially when de
cisions upon the subject We're had
1 The truth is in this business YOU arr
following the footsteps of your i'm
mediate predecessor, Attorney Genera
Miller, in the Itata case, and have
made yourself ridiculous. In tha-
case he distinguished himself in the
same way by so grossly mistakine
facts and my decision as to lead thu
tieH pIcSlueHl General HARRISON In tt
lSimilar miSStatements in so import
ant paper as a message to congress
and to denounce the decision which
was afterwards affirmed by the cir
cult court of appeals for the nintf
circuit, composed at the time of thre,
judges, all of whom were appointee,
of General Harrison. In this cas-,
you have upon your own showing evi
IDENTIFY misinformed the president ane
other officers charged with the execu
ton of the law and through state
ments given to the press hold up IN,
decisions as being without authorit1
OF law. 1 shall, therefore, feel n,
hesitancy in making public this re
Spouse to your letter of Septenlbe
%, which was addressed to me il
your official capacity.
Respectfully.
'.ERSKINE NJ ROSS.
United States District Judge.