The herald., 1893-09-06
THE CHINESE MUST GO NOW,
Judge Ross Upholds the Geary
Act Provisions.
Cham Shang Yuenand His Country
men Under the Ban.
The Full Text OF the Important Decision.
Marshal Gard at Once Commences
to Serve Warrants ia
Chinatown.

Judge Ross was probably the moet
popular man in Los Angeles yesterday.
1t was officially announced on Mon
day that he would render written de-
cision on the Cham Shang Yuen case
Tuesday, and by reason Of the telegram
received from Attorney General \Olney,
ordering that deportation be stopped
until the necessary funds were forth
coming, speculation ran rife as to
whether or not Shang Yden. who was
found to be without certificate OF reel
dence, would be deported.
The decision OF Judge Ross put all
doubt aside, and it was with difficulty
that the court restrained the applause
which threatened to break out, az the
close OF the reading. -,
Briefly, the judge declared that all
clauses OF the Geary act were parts OF
one and the same law, and that q viola
ton OF clause was violation OF the
act.
He also held that il there were the
funds to deport Chinaman under one
clause. that there must be money to de-
port them under another.
he OOlQly Q6Gt1koQ tunt bn0 t0iCkl nLn
from Attorney General Olney was not
sufficient proof that there were no
funds for the deportation, and in sub
stance stated that he would run his own
Office according to the law and his own
conscience.
No sooner had the important news
become known, than the United States
district attorney was beset by applica-
tions for warrants. =.
There was no barrier to prevent their
issuance, and they were granted as fast
as the necessary papers could be drawn
up.
Twelve ware given to citizens of Red
lands, ak to the Federated Trades OF
this city, and the work went merrily on,
while down in Chinatown where the
news soon spread, the Celestials were
wringing their hands and anatbematiz-
ing the Six companiee.
Towards nightfall United States Mar
ehal Gard, with force of deputies, was
ont scouting the town. 1t was like
catching flies; as soon as a celestial was
arrested he was conveyed to the county
Jail, and off went the Marshal for more.
There were half dozen inside at
O'Clock, and "more to come" was the
word from the Jail authorities.
A reporter spent few minutes with
the marshal on his Chinaman- catching
tour.
AS soon as the officers appeared in
sight every Chinaman dropped his work
and ran, land the p-oprietors OF several
restaurants were minus their help last
night, for the celestials had only one
idea of evading the wrath to come, and
that was to hide.
1t is stated that only the determined
action OF Judge Ross prevented blood
shed in Redlands.
Had there been any delay yesterday
in the proceedings. it is the opinion OF
those in authority, that nothing could
have saved the town from riot. As it ie,
the people now are content to rely
upon Judge Ross for the proper carry.
ing out of the law. ,o.,.r. ....r
The decision of the Judge is given be-
low in full: f.s-,;..- sar
Pursuant to the provisions OF section
Is OF an act OF congress entitled "An act
to prohibit the coming OF Chinese lab
orers to the United States, approved
September 13, 1888 (25 U. s. Statutes, p.
476), which section was not only not re-
pealed by the act OF May 5, 1892, com.
monty known as the Geary act (Statutes
1912, p. 25), but was thereby in ex-
press terma continued in force, and
based upon verified complaint charg-
ing the defendant with violation OF
the provisions of the sixth section OF the
Geary act, o warrant was issued for his
arrest aud made returnable before this
court. Upon this calling of the case for
hearing, the district attorney presented
to the court telegram from the attor-
ney-general, copy OF which was placed
on file, and which reads as follows:
Dated WASHINGTON, d. O.. Sept. g.
To United Stats Attorney Denis. Los Angeles,
1 am advised by the secretary of the
treasury that there are no funds to exc
cute the Geary law, so far as the same
provides for deportation OF Cinnamon
who have not procured certificates OF
residence. On that state of facts circuit
court of United States for southern dis
trict of New York made the following
order: "Ordered that ----- be, and he
hereby is, discharged from the custody
OF the marshal and ordered to be de-
ported from the United States whenever
provision for such deportation shall be
made by the proper authorities" Ask
court to make similar order in like
eases. OLNEY,
Attorney General.
This communication was, no doubt,
occasioned by the statement madei n
1 the opinion given at the time of issuing
the warrant. to the effect that the war
rant was issued in the absence OF ju.
diclal knowledge on my part that the
department of the government charged
with the duty OF executing the pro.
visions Of the Geary act was not pro-
vided with the necessary funds for the
purpose. and that, were 1 30 advised,
no warrant for such offending China
men would be issued nor order for
their deportation made. There views
were grounded in the fact that to do
so would not only greatly embarrass
f. q coordinate branch Of the government
which, without the necessary funds,
would be manifestly powerless to
send out OF the country persons or.
dered to be deportsd, and in the fur
ther fact that such offending perront
could not be constitutionally impriH
oned at hard labor in the state
prison, "a provided by the fourth
section Of the Geary act, and because
!, any unreasonable detention OF them
would entitle them to discharge
from restraint by the very cour
B, ordering their deportation, or by any
other court having the power to inquire
'srhe NobIelArt of Self Defenso.'
BET FORTH BY AN AuTHoRITy-3elf defense /!
instinctive. Persons who find themselves of
nicted with heart disease as manifested by it