The herald., 1893-06-17
Federal officials at Last Recog-
nize the Geary Act.
Commissioner Ven Dyke Sustains the
LOng-Slumbering Law.
An Interesting Case on TriaI-A Full
Report of the Proceedings which
Form a Most Important
Legal Matter.

terlallzed Ill the United States under the
Geary act, for the commissioner in an
nouncing his decision stated that it was
under the act of congress of May 5, 1892,
the Geary act, that he issued the order.
He made this statement, although the
complaint against the defendant was
drawn under the previous exclusion acts,
and the registration clause of the Geary
act was not invoked.
1t was alleged that Dip Ken was a
Chinese laborer and illegally in the coun-
try, and it was on these points that his
trial was conducted.
The defendant was the second China
man arrested at the instance of the Fed
Grated Trades OF Los Angeles, the fret, q
cook, being able to prove to the satisfac-
ton Of the commissioner that he had
been in the United States for 20 years,
although he was not registered. ~
The decision of the commissioner
caused mucn elation amongst the mem
bers of the Federated Trades, and other
arrests of Cinnamon are expected to fol-
low, now that the ball has been set roll
ing.
1t was expected that an application
for the release of Dip Ken under habeas
corpus proceedings would be made TO
United States District Judge e. M. Ross
after the decision by thecommissione
but no attempt was made in that direc-
tion yesterday afternoon.
The examination was set for O'Clock
yesterday afternoon, and at that hour
there we're in the court room few spec
tators, but their number did not indi-.
cate any great amount OF interest in
that particular case.
Seated by the side OF Mr.. Frank
Thomas, the counsel for the defendant,
was sleek. gray-haired Chinaman from
San Francisco, representative OF the
Six Companies, sent down to furnish
Dip Ken with material assistance in
getting up his defense.
Mr.. Thomas moved the commissions
er to dismiss the prosecution on the
ground that he had no jurisdiction that
warrant cannot be issued by COM
missioner unless the party making the
affidavit or complaint states that
crime has been committed of his own
knowledge or if upon information and
belief states thes facts upon which the
charge is based.
The motion WAS briefly denied by the
commissioner, whereupon Mr.. Thomas
entered plea OF not guilty for his client
and demanded Jury trial.
Upon this point counsel read author
ities, contending that il the act OF 1892
amending previous laws conferred juris-
diction upon the commissioner to try
the case, it entitled the defendent to a
jury tIial This motion also was denied
and the government was requested to
present it's case.
Charles Councillor, middle-aged col
W m ha xuifr
stand by the district attorney, and
stated that he had lived in Los Angeles
IL years. lie had KuUwn tho defendant
about three months. Dip Ken, he said,
worked on Los Angeles street in cigar
factory almost facing the plaza. The
witness had seen him making cigars in
the factory where the Chinamsn was
employed. About two weeks ago he
was in the factory and spoke to the
boss, Wong Fee, asking him if Dip Ken
was his partner.
Him no partner" replied the boss.
Him my man."
In response to another question the
witness said Dip Ken told him be had
been in this country about five or six
years.
On cross-examination the witness said
that this was the only thing he knew
about Dip Ken. He, had seen him
working, and had been told what he had
just testified to by the boss.
Homer @. Kstz was the next witness,
and said that about two weeks ago he
went into the factory and bought
cigar. The defendant was there at
work. The witness asked him If he
made the cigar he purchased, and the
latter replied that he had. In response
to question as to how long he had
been in this country Dip Ken said about
FIVE or six years.
This closed the testimony on the part
OF the government. District ATTORNEY
Denis stated that the government had
shown that Dip Ken is laborer under
the meaning of the federal lawe, and
had been shown to be illegally in the
country. He therefore aeked that he
be ordered to be deported under the
fourth section of the act of May
B, 1892, unless he could establish his
right to be here by affirmative proof.
Mr.. Thomas denied that the govern
ment had made cut case, claiming that
it had not proven anything attempted
to be proved, and moved that the de-
fendant be discharged, which motion
was denied.
Witnesses were then allowed to be in
bIOuuCcu Ou tub phTb OF Lno OeI6n090J,i
the first being John M. Thorncastle, an
agent for the building in which the cigar
factory is continued. The building is
owned by Mr.. M. J. Newmark of San
Francisco. The witness said that he
had known the defendant over five
years, and made q fat footed
statement that he WAS partner in the
cigar business. He had paid the wit
ness the rent several times. He made
the lease with the defendant and his
partner as the Sun-Lung company. He
supposed the defendant was a partner,
because he was with the other man,
whom he took to be Sun Lung.
On cross-examination the witness said
he did not even know the name OF the
defendant or his partner. Neither did
he know that they were partners, except
that he supposed they were. He had
never seen Dip Ken selling ANYTHING,
but he was always working when he
was at the factory.
Wong Fee, fat Chinaman who talked
pretty good English and claimed Dip
Ken was his partner, tried very hard to
establish the partnership. He testified
that Dip Ken, Wong Chu, Wong Yuen
and himself formed the partnership five
years ago in the 14th year of the reign
of Quong Suey, the Chinese emperor.
They each put $1,000 in the business ex-
cept himself, and he put in $4,000. He
presented voluminous book with only
four pages written upon il in Chinese