Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-09
TIE CHINESE CASES.
The Three MOngOlians From New York Over
Whom the Legal Fight is to Be Made.

The Three MOngOlians From New York Over
Whom the Legal Fight is to Be Made.
The steps required to bring before the
| Supreme Court the cases intended to test the
| oonstitutionality of the Chinese exclusion act
have been taken, and, as announced in The
STAR, the records of the proceedings in the
federal courts in New York Saturday were
filed yesterday in the Supreme Court by Mr..
1. d. Rlordan Of San Francisco, counsel for
the Chinese Six Companies 1t is expected that
the cases will be heard tomorrow and that a
decision will be announced next Monday.
| Solicitor General Aldrich will represent the
| government in the argument before the
Supreme Court upon the appeal from the
judgment of the circuit court, and Messrs.
Joseph ii. Choate Of New York and ]. HUXLEY
Ashton of Washington the petitioners. Messrs.
i. ID. Riorcan of San Francisco and Maxwell
| Evarts OF New FORK assisted in the preparation
OF the cases in the court below for the Chinese.
The first steps In the cases were taken in New
York Saturday, when three Cinnamon were
taken into custody by United States Marshal
| Jacobus. The Cinnamon were Wong Guam, a
| Chinese laborer of No. A Mott street; Lee Joe,
aundryman Of No. 2O77 Sd avenue, and Fong
iue Ting. laborer of No. Mott street. These
| three men ppeared at the marshal's office for
the purpose of being placed under arrest. and
over them the constitutionality question is to
be fought. Yung Kui. an attache of the
| Chinese legation, and L. Wing, the Chinese
wee consul in this city, were interested specta-
| tors OF the proceedings.
Wong Guam was charged with having will
| fully violated the Chinese exclusion act BY not
applying for a residential certificate at the
| office of the collector of internal revenue.
This same charge was preferred against Fong
Yue Ting and both plead guilty.
Against Lee Joe another charge was pre-
| ferred hat her of no Il ilar
could be grasped. Joe was charged with not
having presented himself before the collector
| OF internal revenue with credible white wit
| ness, as the law requires. and who could make
affidavit that Joe was in this country on May 5,
| 1892, when the law was passed.
Joe had applied for certificate of residence,
| but as he presented Chinese witnesses the paper
was refused him. The distinction. if it can be
SO called, of being the first Chinese laborer to
be ordered depOrted from the country under
the provisions OF the law belongs to Wong
Guam.
Guam ami Joe, few minutes after their ar
| rest. were taken before Judge Addison Brown
in the United States district court ROOM where
United States District Attorney Edward Mitchell
asked that an order be signed for Quans de-
portation. "
Judge Brown issued the order at once and
remanded the prisoner to the custody of
United States Marshal Jacobus. Then a like
proceeding took place over Lee Joe.
With the completion of the first step Lawyers
Choate and Evarts beat a hasty retreat for
Judge LacOmbe's chambers, where they pro-
cured writ Of habeas corpus in both cases
and the prisoners were arraigned before him
forthwith and in two minutes the writs were
dismissed ard the prisoners were back in the
custody of the United States marshal.
Fong Yue Ting was habeas corpused directly
from United States Marshal Jacobus' custody
before Judge Lacombe and again the writ was
dismissed. Judge Lacombe fixed the bail in
each case at $500.
The prisoners were taken before United
States Commissioner Shields, where Kiliaen
Van Rensselaer,. custom house broker. of No.
Of Wall street, qualified as bondsman for each
OF the Cinnamon.