New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-19
THE COURTS.
BUSINESS IN THE SUPREME COCN
LIBERTY or MANY MILITARY PRISONERS AT
sTAKE--A CHINESE EXCLUSION CASE
CALENDAR.

Liberty OF MANY MILITARY PRISONERS AT
srAKE-A CHINESE EXCLUSION CASE
THE CALENDAR.
Washington April 1SThe lime o. the supreme
Cour: OF the United States to-day vas almost
wholly occupied with arguments on two cases IL
which the Government is interested. fHs, was
the ap2eal by NJ J.. johnson. captain in the United
States Navy a. Norfolk Navy Yard from 'ne
judgment o. Judge Hughes, Of the circuit our
FOR the Eastern District Of Virginia in releasing
from his custody David b. Sayre. clerk OF haNal
pav3laster who had been convicted OF emhez%ins
80 900 az the avail funds b. court-narua'' an"
sentenced 10 two years Imprisonment in the Boston
Navy Yard. The discharge vas or"ered On 'He
ground that. although Sayre vas IN Inc haN%i
ee,v,.e no could not in time of peace be punished
FOR he offence which he committed by court-har-
tal or otherwise than on Indictment pN "'aiiu
JIrv under the VtA Amendment to the Cohs''-
tr.lon 1t was claimed on b>haf OF Inc Navy ''a'
-. court had 10 jurisdiction. AMI erred IN grant
i,r the application for habeas corpus. The arsu-
,nent WAS made by Lieutenant L. w. T. Waller
4u3e..advocaje of the court-martal which trled
Savro social permission having been granted p9
me Court the first time in its history, II IS sah
that a raval officer. as such. had pieSdeu o"'e
al tk4. bar Sayre's interests were Iooheu "''e'
b. !. E. Warner and J. W. Harper The case Is
conceded 10 be a most important one. and upon 'he
decision OF the Court depends the liberty OF prop
ably dozens OF military prisoners now serving
terms Of Imprisonment under sentence nY court
martial The discipline of the Army ard Navy
and also to some extent. the scope OF courts
martial are involved
Argument was begun in the matter OF 'Ae h'o'tS
corpus OF Lem Moon Sing appealed from the Norm
ern District OF California. by Maxwell Evarts Inc
appellant was Chinese merchant Of many years
residence in the United States. doing business IN
San Francisco. In January, 1891 he went 10 Chmt
for a temporary stay. While absent the az o.
Congress OF August IS 1894 was passed, Whlch pro.
yided, among other things that IN ever! Ca S
where an alien IS excluded from admission INTO tne
United States under any law or treaty now eNlst-
ing or hereafter made, the decision or the appro-
pirate immigration customs oihcer III auWSise
reversed on appeal to the Secretary OF the lredSS
ury." Under the power given by ms act; the %,
lecor at San Francisco refused 10 req amt lem
Moon Sing 20 the United States. and the pIsulct
Court refused 10 grant Writ OF habeas corpus on
the ground that, under the act quoted the ueCsloH
OF M. Collector Of Customs as II the rlEh OF the
onneiiort Ia re-4uter this country was final unless
reversed ny the Secretary OF the Treasury an cod
no, b. reviewed by the Federal courts. The con
teutIon Of Mr. EVarts covers three points; " NAT
Lem Moon Sing has been deprived OF MS ho.rN
withol, due process OF law: CD that appellant Is
not an alien excluded from the United states IN
der any treaty Of this country. ana that. there,
fore tha decision Of the Collector can be reviewed
on habeas corpus: ~ that appellant Is not an
''alien'' within the meaning OF the act O; AuSus'
Is 1894 The case for the Government VIII De PIE,
scented tomorrow by Assistant AttorHey-GeneTdI
Dickinson. -, :. - t,,,on.s.
The day call for tomorrow VII be as f95iowS;
Nos gi6 299 land SOD. 262 303. Si 800 ovo SVS o4o
(arl 81 and 1922 and SlS.