The morning call., 1893-09-08

kev VIII decide whether the provisions OF
1 he Geary law may or may not be enforced.
>Ihe particular case upon which these ques-
tioas hinge is that wherein the Federated
Trades Of Sacramento and the editor of the
Sacramento News, Mr.. Sheehan, appear as
the plaintiffs against a Chinese who is a
laborer and who has not registered.
General John T. Carey will appear for
the plaintiffs, and the rather anomalous
spectacle will be presented OF a United
District Attorney appearing on behalf of
the defendant Chinese, who have openly
de6ed Federal law.
This in effect will be the position of Dis
trict Attorney Garter, who will maintain
that the court should take no steps to en-
force the law. In this, of course, Mr..
Garter acts under the instructions of his
superior, the United States Attorney
General.
He will, doubtless, raise various tech
nical points in the issue. such as lack of
jurisdiction. ETC.. but aside from these his
contention will be that the Federal Gov
eminent does not want the Geary exclusion
law enforced.
Late dispatches from Washington seem
10 indicate that the administration is about
10 hedge in its attitude toward the Geary
law, but this will make no difference in
the cases to be held to-day unless Mr..
Garter receives official orders notifying
him OF the administrations change of
heart before court convenes.
This is most unlikely, and in the natural
course of events the test case that is to be
heard to-day will be fought out on the
basis Of the Government again st the people.
On one hand Is the complainant, repre-
senting a large body of work ingnen, de-
man6ing that the law be enforced. Against
this is the United States Attorney. protest
Ing that the law be not enforced
The particular question TO be decided is
whether warrant shall issue against the
accused Chinese and they be either held
TO answer before the Grand Jury ON a
charge of having committed an offense
against the law in refusing to register or
he handed over to the proper Federal au-
thorties Tor deportation.
General Carey first applied to the United
States Commissioner for the warrants
desired. The application was made under
section of the Gearysact, and appellant
averred only then as now that Jim Lee ia a
Chinese subject; that he is a la borer that
he has not been registered, ami is thers-
fore unla@fullV residing in this country,
The Commissioner was in a quandary
and wrote to Circuit Court Judge McKenna
for advice on the knotty point
Judge McKenna replied that he was not
the Commissioners legal adviser, or words
to that effect. which showed the disinclina-
ton Of his Honor to cross the bridge before
he had TO do so.
General Carey then applied direct to
Judge McKenna for the warrant again ST
jim. Wherenpon the Circuit Court called
10 the United States Attorney for con-
ference. A result of this conference was
that Judge McKenna decided 10 hear argu-
ment on the issue, and the case Of the
Federated Trades against Jim Lee was
entered on the Circuit Court calendar.
Then came Denis Kearney and the Fed
Grated Trades of his city asking warrants
against Chinese who were la b0iers and
had not registered. They asked Judge
McKenna to hear them. He pointed to
the case of jim already on his calendar,
which he had been unable to hear owing to
the unusual congestion of his docket, and
declined to give them prior hearing.
Meanwhile the case against Jim Lee
dragged. and The applicants for warrants,
impatient of delay. took their peadings 10
the District Court. Judge Morrow could
not Of course hear an issue that was pend
ing before higher court OF the same cir
emit