The morning call., 1893-09-19
WISE CANNOT ACT.
Tie Geary Act NulIified
at Washington.
QUINN IN THE SAME BOAT.
The Labor Council Committee Will
Request United States Marshal
Long to Appoint Deputies.

cisco Labor Council appointed to secure
the Wholesale arrest of Chinese under the
Geary law was engaged yesterday attend
ing to the details of the coming campa ign.
Patrick Reddy was called to Santa Cruz
early in the morning aud was unable to
meet the committeeman. but be left word
that he would confer with them this MORN
ing. So at 10 o'clock to-day the attorneys
will be consulted as to the manner of pro-
cedure.
Collector Wise was visited by Chairman
Van Gue!pen and Secretary McGlynn yes
terday afternoon, and a demand was
made upon him similar to that made by
tho committee of the Anti-ChineSe Law
and Order League on Saturday, viz. That
the Collector should appoint large num-
Der of deputies. to serve without pay, for
the purpose of making arrests without III st
having 20 60 to the bother of obtain ing
warrants. Judge McKenna of the United
States Circuit Court has refused to issue
warrants for the arrest of John Doe" and
"Richard Roe" and insists upon the true
names of the Chinese being ascertained.
To get at the true names, 90 through the
legal "red tape" and then find the Chinese,
who in the meantime probably disappear,
does not offer much encouragement.
The Collector has learned that because
of a rule of the Secretary of the Treasury
he cannot appoint any such deputies. He
cannot deputlZe any person 20 act under
him except in revenue matters, and ne
says his force is already Short-handed. lie
refers TO telegram and circular from
Secretary Carlisle, tue former of which he
received On the day the GeaTy act went
into effect. The telegram read:
Until further orders no action viii be taken
nv and he officers under direction q
ward the arrest of Chinese persons under the
sixth section of the exclusion act, approved
j. G. CARLISLE.
The circular was sent to all revenue Off
GERS, and affects Internal Revenue Col
lector Quinn as we'll as Mr.. Wise. 1t reads:
TO Collectors Of Internal Rerenue Collectors
Of Customs and all other customs officials Of
The United states: The time within which
Chinese labOrers are required by the act OF May
.. 1892, 10 procure certificates OF residence will
expire on The 5Ih day OF The present month
and il is evident from the partial reports made
Ia this department by the Collectors of Internal
Revenue that in some OF the States and Terri
tories large numbers of such persons have failed
or refused 10 make applications as required by
law, but until complete reports are received the
names and residences OF those who have pro-
cured certificates, and who are therefore ex-
empt from arrest, cannot be officially known.
Collectors OF Internal Revenue and Collectors
OF Customs and all other customs officials of
the United States are therefore instructed 10
refrain from making arrests under the prOv.
siOns OF the sixth section OF The act approved
May D, 1892. entitled IAN act TO prOnibit the
coming OF Chinese persons into the United
States" until further orders and Instructions
from this department. j. q. CARLISLE.
Thus the responsibility for the inactiOn
upon the rayt Of the customs and revenue
officials falls upon the administration it,
self, for no active measures have ever been
ordered since By Secretary Carlisle, and
his circular expressly forbids the arrest by
such officers of Chinese under the Geary
act. and the deputies of Messrs. Wise and
Quinn would be powerless until properly
authorized.
In connection with this the telegram re-
ceived by Mr.. Wise from the Secretary on
the 9Th inst. prohibited the Collector from
even having any such Chinese in his Gus
Indy, the reason being according 10 Mr.
Wise's explanation, that habeas corpus
proceedings would be successful on the
ground that the customs and revenue Off
cials we're not authorized TO hold them in
custody.
Mr.. Wise also referred to section of
the Revised Statutes which declares that
where dispute arises between the Fed
eral courts and the Treasury Department
the customs officials shall. as subordinates,
obey their SuperiorS.
Counsel Reddy will therefore be asked
if the courts can be invoked 10 compel the
appointment of deputies by mandamus
proceedings.
Mr.. Wise will give to the committee of
the Ant-Chinese Law and Order League
when ii calls upon him this afternoon sub
stantidllv the same reasons for his inabil-
ity to comply with its demand.
The labor union most interested in the
conten plated arrests is that of the cigar
makers, and all the members have agreed
to aid in swearing out warrants. 1t is
easy to ascertain the name of every Chi
nese employed in a cigar-factory. and sew
eral hundred OF these are now at the COM
mittee's disposal.
Denis Kearney and Barney Dougherty,
reresentiDg the Anti-Chinese Law and
Order League. called upon Internal Reve-
nue. Collector Quinn yesterday to urge him
to appoint deputies. lie explained TO
them why lie could not do so. There was
q well-settled custom in the Treasury
Department, he said. against appointing
deputies to serve without pay. Besides,
in May last, the Treasury Department had
taken decided stand in the matter OF
deputies, refusing to allow any to be ap-
pointed, even to receive applications, al
though great distance might have war
ranted such appointments.
Relative to the case of the Chinese ar
rested at Los Angeles, who possessed GER
tificate. but whose certificate was AIKEN from
him because it WAS dated few days after
May >. the explanation is made by Deputy
Internal Revenue Collector John CcCOmb
that Chinese may have made his applica-
ton previous to May and yet not have
received his certificate until some days
later. The certificate would have borne
the date of the day upon which it was
issued, although the Chimes was b0na-fide
II registered person. The law applies to
the date of his application, not to the date
of his certificate.
The Jim Lee case from Sacramento was
not heard by Judge McKenna Yesterday,
United States District Attorney Garter not
being present. Attorneys Thomas d.
Riordan of the Six Companies and Harvey
Brown of the Southern Pacific will appear
for the Chinese when his case does come
up, which will be tomorrow afternoon.
An application for his release upon bail
was made. and the court now has it under
advisement.
This Chinese claims to be victim of per-
sons who owe him money and are taking
this means of getting rid of him. He was
washing windows at the time Of his arrest
Marshal Long said Jim Lee was repre-
sented TO him as being eager to be de-
ported.
Marshal Long will probably be the next
one called upon to appoint as deputies
members of the Labor Council and the
Chinese Law and Order League
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