The morning call., 1893-10-07

Los ANGELES. Cal, Oct. 6. 1893
Hon. Richard Olney, Attoney-GeneraL,
Washington, d. C-SIR: l received last
evening your letter under date of Septem-
ber % In it you say: The difficulty in
advancing funds to Marshal Gard arose
from the state of his accounts. HIS bond
is for $1,000 He has already been ad-
vanced more than the amount, for which
no vouchers have been received. The
treasurer's rules OF long standing. of which
sll Marshals are supposed to be eogniZant,
prevented the advancement Of further
moneys to Marshal Gard in this state of
his accounts. But, in view OF the exigency
sugges ted by your telegram (tn the Presi-
den0. the acting Attorney-General OBJ
tanned the assurance from bniteds Estates
attorney Denis that the Marshal had in
. his possession vouchers which had not yet
been presented to the amount of about
So 600. and assumed The responsibility of
securing g further advance to the Marshal
@ S250O, which was remitted to him yes
terday. l have asked United States Attor-
ney Denis to request the Marshal to have
the vouchers referred to approved and
forwarded promptly"
against Chum Shang Yuen was called for
tsaTing. the District Attorney presented
. 10 the court the following telegram from
you:
81 am advised by the Secretary of the
Treasury that there are no funds to exc
cute the Geary law so far as the same pro-
:vides, for the deportation of Cinnamon
who have not procured certificates of resi-
dehee. On that state of facts tue Circuit
Court of the United States for the South
ern' District of New I OK made the follow
in z: order: Ordered that - be and
lle:is hereby discharged from the custody
Of the Marshal, and ordered to be deported
frGm The United States whenever provis-
tog.for such deportation shall be made by
tile proper authorities Ask the court to
NJ axe similar order in like cases.
"OLNEY, Attorney-General."
These statements respecting the same
matter are. as will be perceived by every
one who peruses them, wholly inconsist-
enf, for in your letter you place your
failure to provide funds for the execution
:of the law in question upon the state of
:-tHe MarshaPs accounts. while in your
;. telegram you give as the reason want OF
:
29 proceeds:
: ",Y OH say in your telegram that you are
+admi nistering the provisions of section 13
of the act of September 13. 1883 Us Stats.
40. That act was to take effect on the
ratification Of the treaty then pending be-
tween the United States and China, men,
tiened in the first section of the act. The
treaty was never ratified, and l do not
Therefore understand that section Is of
the act referred to is in force or can con-
stitute the foundation of any legal pro-
eeedings."
:: Ny telegram TO the President referred
. to By you was as follows: In the per-
:formance Of judicial duties [ have been
called upon to administer the provisions
OF: section 13 Of the actof Congress Of Sep
: tednber 13. 1888 Us Statutes. page 676 and
of section 6 of the act of May 3. 1892
: Statutes 90. page %. In proceedings reg
nlarly commenced and prosecuted pursn-
ant to these laws, certain Cinnamon have
been ordered to be taken by the Marshal
TO. the port Of San Francisco and there
deroried to China. A number of such per-
SONS are now detained in the Jail of Los
Angeles County under such orders, and
have been for a number of days. The
. Marshal states in open court that he has
:. Ii funds with which to execute the order,
and that be has so advised the Attorney
General by three several teegrams, with
out any response from him. This practical
aBnulment of the laws and of the orders
of the Judicial Department regularly
made in pursuance of them strikes at the
foundation Of cur system of government,
and cannot be permitted 10 pass unchal-
.lenged. l therefore respectfully call your
attention TO il for such action as you may
deem proper"
It is very strange that you should be
Ignorant of the fact that section 13 of the
act of september 13, 1888. is valid exist
ling law since it has been so held to be by
numerous courts, the opinions of which
were duly reported in the Federal Re-
porter. and a number of them were ex-
:pressly cited in my opiuion in the case of
the United States against Wong Dep Ken,
decided June 30, 1893. a copy of which
opinion WAS sent to you at the time. Other
" Decisions to the same effect you will find
Reported in AZ Federal Reporter. 433; AZ
: Federal Reporter. S7S; 50 Federal Re-
: porter; So and 90 Federal Reporter, 271; /;
y "a iast OF which is a decision by the Cir
: cAtt Court of Appeals for the Ninth Cir
CUT, by which at least am bound.
Il 0p will perceive that the courts held
tnat SECTION 13 of the act OF September 13.
::lSoS' was not dependent upon the ratifica-
tlon- OF The then psnding treaty between
tne United States and the Emperor of
.Chlna and did become law.
:: One would suppose that tile Attorney
General before undertaking to disregard
an 'ofuer made by United States Judge
would inform himself in respect to the law
=. unaer winch such order was made, and
especially when the decisions upon the
subject are put in his hand.
1.-The truth Is that in this business you.
following in the footsteps of your imme.
diate predecessor, Attorney-General Mil
ler. in the Igata case. have made Yourself
ridiculous. In that case ne distinguished
himself In the same way by so grossly mis-
%Etating the facts and my decision as to