Walker Lake bulletin. (Hawthorne, Nev.) 1883-1926, 1893-09-13
Current y eWS.
Upholds the Law.

District Court, Aug. 30 handed down
an opinion which declares that a
warrant for the arrest of China
man under section 6 of the Geary
law can be issued when the complaint
and its verifcation are in proper
form. This section 6 is the registra-
ton clause that has caused so much
sensation. Many months ago the
members of the Traders Union made
application to United States Com
missioner Van Dyke for warrant
for the arrest of a Chinaman under
the registration clause of the Geary
law. The Commissioner refused the
warrant and the application was
made to Judge Ross. No decision
was had on this application. Last
Monday William f. Lintoner, a Ca
huenga farmer, made application to
Judge Ross for a warrant for the
arrest of All Wong, the complaint
charging that Wong failed to regis
ter, as required by section 6 of the
Geary act
The Judge in granting the request
said; 81, therefore, while much re-
GREETING that the application has
been made to me, feel it my duty,
under my oath of office and in view
of the obligations resting upon me,
to administer the laws of the United
States in all cases properly brought
before me, to award the warrant
upon verification of the complaint
in the absense Of any judicial knowl-
edge that the department of the
Government charged with the exc
cution of the provisions of the act Of
May 3, 1892, is not provided with
the means to carry out its provisions.
Were so advised | would n ot hest
tate to refuse the warrant, for it is
plain that the executive department
of the Government cannot execute
the orders of the Judge, directing
the deportation of Cinnamon who
failed to register pursuant to the
provisions of section 6 of the act of
May 5, 1892, unless Congress gives
it the money with which to send
them away. Without the necessary
funds the executive department would
be manifestly powerless, and no
Judge, in my opinion, should order
into custody for deportation any
Chinaman whom he judicially knows
cannot be deported by the executive
department for want of the neces-
sary means. Such a course would
not only strongly tend to embarrass
the administration, but it is perti-
nent to ask: What, in that event,
would become Of such Cinnamon?
They could not be put in the peni-
tentiary at hard labor, as provided
by section 4 of the Geary act, for
the reasons given in the recent opin-
ion of the District Court of this dis
trict in the case of the United States
VS.. Wong Dep Ken, and any unrea-
sonable detention of them by the Of
ficers would doubtless entitle them
to discharge on writ of habeas cor
pus. In the case last mentioned the
defendant was found and adjudged
to be unlawfully in the United States,
and was therefore ordered deported
and was deported by the executive
department, and nothing to the con-
trary appearing it is to be presumed
that the same department is pos
sessed of similar means for the de-
portation of any other Chinaman or
Cinnamon who are found and ad-
judged to be unlawfully in this coun-
try and for that reason legally or
dered to be deported.
For these reasons, upon the
proper verification of the complaint,
the warrant for the arrest of the
person complained of must be is
sued.