The morning call., 1893-10-07
TORE THEM APART.
Domestic Ties Severed by
Mr.. Stradley.
WIFE AND MOTHER EXCLUDED
What the Effect of the Contract
Labor Law Was Upon an
Immigrant Family.

aroused yesterday. Mr.. Witter is one of
United States District Attorney Garter's
two able assistants and has had charge Of
most Of the immigration business which
has come before the Department of
Justice here. The case which excited his
sympathy was that of Severina RaZzano.
wife and mother. who. with her husband
and two children, had come to this city
from the north aboard the steamer Queen
of the Pacific, on the 4th inst.
The recently appointed Commissioner of
Immigration. Walter p. S,radley, whom
Secretary Carlisle had chosen as good
working Democrat to succeed Mr. McPher-
son. had refused the woman landing on
the ground that she was violator of the
contract-labor law. Her husband and
children were. however, permitted to land
This Mv. Stradley explains by saying that
the husband and children came from
Seattle, whereas Mrs. RaZzano came from
Victoria, b. c.
Three otner persons besides Mrs. Razzauo
had also been denied the privilege of
coming down the Queens gsngplank-two
more Italians and one Swede. Their
names were Marchetto Ratfaelo, man :;
Rosins Marchese, girl. and A. Johanson.
Razzano's husband. Sslvino, beng utilized
by the Commissioner as interpreter pro
tenn.
1t was learned that Marchetto Raffaelo
had in view a job on the ranch of one
Pedro Sslvino, near Sacramento. at SIS
month, with board. Johsnson was going
to DO some carpenter work for the Nevada
Mill Company at $50 a month and board
himself, and Rosins Marchese and Mrs.
Rszzsno were about TO assume some
menial duties In the hotel of a mutual
cousin, one c. Severino of this city, at
compensation of $50 a month, with food
and sleeping accommodations added.
Therefore Mr.. Stradley prevented their
decentralization, even though i did sepa-
rate husband and children from wife
aud mother. There is some doubt in Mr..
Stradley's mind, be says, as TO the truth
fulRess of SalYino RaZZano's conjugal pre-
tensions.
But the husband was not thus to be
torn away from his helpmeet without
legal protest so he invoked the aid of
Lawyers Wheeler and Devote, and habeas
corpus proceedings were begun. United
States District Judge Morrow issued Ghe
writ yesterday, returnsble forthwith"
and Immediately after luncheon the matter
was judicially attended to, To attend 10
Ii did not take long. either. and that,
among other things, was what stirred up
Mr.. WiteT-
Mr.. Witter had to lay his personal feel
ings 10 one side and 60 before the Judge
as an officer Of the United States, and
Notwithstanding he wonld have preferred
to see the RAJ aZzanos reunited and on
American soil, he had 70 ask Jadge Nor
row to dismiss the writ because Justice
Gray Of the United States Supreme Court
had decided in January of last year that
habeas corpus proceedings could not be
entertained IN such cases. and that the
only address the aegrieved parties can
have is an appeal 20 Herman Stump,
Superintendent of Immigration al Wash
ington. This decision Witter produced.
and, as il was unmistakahle in its terms,
the Judge dismissed the writ.
A little while later Mr.. Stradley called
in Mr.. Writer'S Office to see the decision,
and it was then that Mi. Wiiter expressed
his sentiments.
There are times when a man, having
such power" said be, with some fervor.
''onsht 10 exercise some GiscTsiion-when
judgment ought TO be tempered with
mercy. / had TO 80 as an officer Of the
United States and ask the Judge to dismiss
the writ, but it WAS very unpleasant duty
for me 10 perform"
Mr.. Stradley argued that he saw no
ether conTse in the performance Of his
duty as Immigration Commissioner than
the one ne had taken, but Mr. Witter only
repeated his views and with more en-
phasis.
The decision Of Justice Gray was upon
the apnesl Of the Japanese woman, Nishi-
mura Ekiu, who. with three others-one a
girl ef IA years-had been brought TO the
city on the steamer tselgic in May, 1891. by
the notorious Imporer OF women, j. Wa
tanabe of Salt Lake City. These women
were kept in the Alameda County JAIN for
eight months pending action on Nishi-
mDra's appeal, and finally she and another,
1auchi Miyo, were sent back TO Yoke
hama. The girl Hnbots Ssku. was kept
here in the Methodist mission, and the re-
naming woman, Watanabe Take, was
taken into the home Of Deputy Surveyor
Of the Port Ruddell.
In his decision Justice Gray confirmed
the position taken by judges Sawyer and
Beatty OF the United States Circuit Court
from which the appeal was taken; and ii
invests Immigration Commissioners with
ouasi-Judicisl powers, the exercise Of
which can be appealed only 10 their su-
peTiors in the executive department. To
quote from the syllabus:
Where a statute gives 8 discretionary
power TO an officer, to be exercised by him
upon his opinion Of certain facts, be is the
sole and exclusive Judge OF tbs existence
OF such facts.
The statnse does not require inspectors
20 lake ttSlit08DN- &UG AilDNS lDti0 10 OS~
eide on their own inspection and exaTnins-
tion the question of the right Of 81 alien
immigrant TO land.
The decision of an inspector OF immi-
grafton, Ia conformity with the act of 1881,
is final and conclusive against the aliens
right TO land in the United States. and
cannot be impeachsd in the courts or
otherwise, save only BY appeal to the in
spector's official snperiors. in accordance
with the provisions of the act."
The law referred to is the act of March
s. 1891.
II The RaZZaDos want to appeal 60 Super
in tenoent Stamp they have only a short
time in which to do II. says Mr.. Stradley,
for the Queen sails at 9 A. NJ to-day
The husband may conclude to return
with his wife. He is q bricklaysr Mr..
Witter says they lived IN this city three
years ago. The woman is reported as
being in delicate condition.
Mr.. Stradley made the Oceanic pav $40
to the Government. On that steamers
arrival it was found that the name of one
OF her passengers, 2. Takahashi, did not
appear on her papers. which are required
30 be flied out for the immigration Com
missionsr's information. In such cases
tbe alternatives are either TO take the i'm
migrant back or TO pay penalty OF SO.
Ihs steamer chose the latter.
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MEETING OF CREDITORS.