The herald., 1894-10-09
A HAPPY MONGOLIAN
JUDGE ROSS DECIDES THAT LEE
YUNG NAY STAY.
Tho Judgment OF the Commissioner Or
derine His Deportation Reversed.
n Chinu Who VIII Here
after shun tho B3racr.

Yesterday Judge E. NJ. Ross, in the
j United States district court, decided the
tate Of Lee Nnng. Chinaman ordered
depoTted by United States Commissioner
/ Van Dyke few dayH ago.
Judge Rosa reversed the Judgment
erd-Lee Yaag will not be obliged to run
the risk Of standing up bsiore :he bel
ligerant Japs.
The case is interesting on account OF
tho grounds OF tho defense. questions
being raised that have seldom hsen
passed by the United States courte.
Lee Yang had resided in San Diego
county live or six years at tho time OF
his arrest and had the requisite certih-
cate emitting him to remain in this
country.
He vas en- Americanized Chinaman,
having SlU01 interest in q store in San
Diego. July 18th last, under the sd.
vice OF his physician who had been
treating him for intlammatory rheuma.
item, he started for the country to visit
some Chinese friends. He went past
them en- the train 10 Tia juann expect
ing to rotarn the next day. " hen
there hs thought he would 20 to somo
hot springs mile or tNn below the
Mexican boundary line, and did SO. re-
turning the next morning, and was pro.
ceeding on the train 10 wheie hia friends
lived VIXEN arrested.
In tho course OF an opinion filed by
Judge Ross he eavs:
Ia the case OF An Tie and others, Is
Fed Rep. .9l, Mr.. Justice Field, with
whom conclrred JudEe Sawyer, held that
a Chinese iaborer Oh an American vesael
cannot be held 10 lose his residence here
go as to come within the purview of the
act afconsress prohibiting the master OF
weasel from bringing within the Urited
States from foreign port or place any
Chinese laborer By auch temporary
entry, upon q foreign country, as may
be caused by the arrival Of the vessel on
her outward voyaEe at her port of desti-
nation, or her touching st any informed.
late port in going or returning, or her
putting into foreign port in stress OF
Weather. And we should hesitate, pro-
ceeded the learned justice, ito say that
it would be lost by the laborer passing
through o foreign country in going TO
different parts OF the United States by
any of tho direct routes. though we nTe
told BY tina counsel of the respondent
that Chinese aborer, having taken
ticket BY the overland railroad from this
place to New York by this Central Mich
igan route. which passes from Dssroit to
Niagara Falls through Canada, was
stopped at Niagara and cent back, as
within the prohibition OF the act OF con-
gress. and en- his attempting to retrace
his ateps was again stopped at Detroit.
a construction which would justify such
proceeding cannot fail TO bring odium
upon the ACT and invite efforts for its
repeal. The wisdom of its enactmen.
will be better vindicated By construc-
tion less repellant to our sense of justice
and right"
Judge Rose relera 10 the axiom that
all laws ehould DC cone,rued, if possible,
so "a TO avoid an unjust OIL an absurd
conclusion, and, in the language Of the
sapreme court. thGt genera! terms should
be so limited in their application as not
to lead TO injustice. oppression or an
ebsurd consequence. He applies these
rules TO the case of Lee Yung, and Gays
that the facts require the reversal OF the
Judgment and discharge of the China
man, which was accordingly done.