The evening times., 1896-06-22
SHIN YUNG MUST CO BACK
Judge Hagner Orders Him to
Be Deported to China.
HABEAs CORPUS CASE
The Court Elucfdates the. Rulings
Bearing Upon the Question and De-
fines the Immigration Laws-A
Remarkable State Of Things Dis
covered by His Honor.

Judge Hagner, with flower in his
buttonhole, sailed through the Chinese
immigration laws this morning, like
good ship with a favoring breeze on an
easy sea.
!. 1t was in the case OF Shin Yuug OF
Chan Gun. who came in here last week on
the schooner, John Swan, from South
Africa. by way of the island OF Trinidad,
laden with asphalt. He was picked up By
the United States authorities soon after
his arrival as Chinese laborer who had
failed TO register under tie Geary act.
He was taken before Judge Cole. and i'll
default of any defense, was sentenced to
deIorta ton. But before lie was got
aboard ship for China Mr.. Edwin Forrest.
employed by Yung s friends Lere, instituted
a habeas corpus proceedings.
II was In rendering decision upon the
application for this writ that Judge Hag-
ner reviewed the laws.
Assistant District Attorney Armes ap-
peared for the government. He was aided
by Mr.. John Laskey. who is an assistant
TO District Attorney Brney. In con
Guiding Judge HagDer refused the writ
OF habeas corpus, and remaDded Mr.. YuDg
to Jail for deportation. AN appeal viii he
taken.
Judge Hagner read number OF cases
where il was con,ended by the defense
that sentence had been passed without Il
hearing This was one of the pleas for
Yung
The reading showed that when a China
man is cited by the authorities under the
law to show cause why he shout / not be de-
ported and fails to make any reply the
Judgment against him is in due process.
That such action had been taken in thi.
was evident upon the face OF the papers.
Next, the objection that Yung is not a
| Chinese laborer was handled.
QUEER STATE.
"A remarkable state of facts is shown
| here" said Judge Hagner upon the de-
| fendant's own story. He says he was born
in China ana is forty-eight years old. Con-
| seuGently he mus have been born in S4S
He came to America in 1859, AMI. OF course,
| was then eleven years old. He remained
| here till 1889 when he was forty-one
| Then he took employment as a Cook OIL a
| Unitei States merchantmen and returned
to Hong Kong There he went ashore for a
short time, and that only to see his wife
and child
When was he married? He says nothing
| of any nyniarriagein this country and certainl;
he was not married in China and had o
Guild before he wa eleven years old. Thess
| facts, | suppose. are capable OF explana
ton, but they have not been explained
Judge Hagner then read the law reauir
ing the evidence of at least one whit,
witness in such cases and said:
The reason FOR this requirement intro
duceS us 10 one or the most difficult prob
lens in this connection. These people al
look alike TO the unframed eyes OF q Euro
pean or American. Who OF lis can go int,
n flock Of sheep and pick out Que OF then
from another. A oouutryInan will do TIL
and swear to his sheep. He knows IL by tn,
face. But you or l could not.
so it is impossible for most of US t
identify one OF these men when they ar,
brought before Us, and we are continual,
subject to Imposition by their substituting
one nan for another.
| 1T is with Us As a story Is told of tn,
French when they came 10 help US in TIL
Revolution. A dinner was served wit
negroes acting as walters. The Frenchme
were bewiidered TO tell one waiter from
another in order 10 caR upon each for hi
| proper service This IS the same who wa
here moment ago said one. No: Well
how do you know 1t isn't? He looks cx
actly the same
NEVER BECAME A LAW.
Tire act of September l3, 1898. whic
was cited bringing the case into tn
criminal category. and emitting Young t
the safeguards of criminal prosecution
Judge Hagner set aside as never havin
become n law, because the treaty wit
which it was joined was never ratified.
Mr.. Forrest tried To show that the Unite
States Supreme Court had referred 70 TIM
act as valid. but Judge Hagner insiste
that no such meaning could be attached t
the words quoted because in any case
was contrary TO the plain facts
In conclusion lie read the rulings in re
gard to tue definition OF the words. "Chi
Bese laburer." He showed that a LAUNDRY
man was classed rs a laborer. though h
might own two launirics and employ
mum her of haeds. Also barber is a /;
borer; a restaurant keeper is not.
Finally the law of s94 defines a "Chines
laborer'' as any laboring man, whetbe
skilled or unskilled, and Judge Hagne
interpreted This To mean Il man whose wor
is manual, not mental. A cook. he sait
would certainly be classed as ms-1 WI
works with his hands rather than with h
mind.
Mr Forrest tried to get Yung release
on appeal bond, but Mr. Armes oppose
this. on the ground that 1T would be in
possible to identify the man to get him bac
again He read the law, which says
Cinnamon sentenced to deportation sha
not he allowed to give bail.
|