The Saint Paul globe., 1897-10-07
LEE Ian, A YOUNG CHINAMAN AND
RECENT ARRIVAL UNDER AR
REST.
CAME IN BY WAY OF CANADA.
CLAIMS, HOWEVER, TO HAVE BEEN
BORN IN OAKLAND BEFORE
THE LAWS
RESTRICTING EMIGRATION PASSED
United States Commissioner Nc
CafRerty Will Hear Some Tech
meal Points on the Case.

There will be a hearing this morning
before Judge ]. J. McCafferty, United
States court commissioner, which
promises to develop some new and in
teresting points of technical law as %
the construction of the Geary Chinese
exclusion act. The duty will devolve
upon the commissioner to determine
whether Lee Ian, a sixteen-year-old
Chinaman, is citizen of this country
and entitled to remain in the United
States, or whether he shall be deportel
as an alien under the requirements of
the federal statutes.
Lee Lan's case is probably one Of
the most complicated of it's kind that
the United States authorities in this
section have ever been interested in
and because of its uncertain features
District Attorney Stringer was slow to
act until he had been advised on all
points at issue by the department OF
justice at Washington. He received
instructions from the attorney gen.
eral yesterday morning and Immediate
ly proceeded to carry them out by Or
dering the arrest of the young China.
man, which was made before noon by
Deputy United States Marshal Welsh
This was the first arrest in Minnesoth
under the Geary law The prisoner
was committed to the county Jail
without bail The charge against him
in the complaint is that he has come
into the country in violation of the
Geary acr although no criminal Of
fenSe has been done.
The object of the law in providin :
that in such cases no bail shall be ac-
cepted for the prisoner is to preven;
other Cinnamon from taking the places
of their accused countrymen in order
to get back to China without expense.
All Cinnamon look so much alike that
the federal authorities have often been
"buncoed'' into sending back to the
Oreint Celestials who were citizens, but
who had wearied of this country ana
thus returned home at the cost of the
United States, leaving the party who
should have been deported to enjoy all
the privileges by assuming his identity.
Lee Ian is an intelligent Chinaman,
although he cannot speak a word Of
English. He is a brother of Lee Den
Junior partner in the Chinese firm of
Quong, Gin Lung & Co., dealer in
fancy goods. The prisoner claims to
also have an interest in the business
to the extent Of $500, which fact is not
disputed by the federal officials Lee
Ian has engaged Attorney E. J. Oar
regh to defend his case, and that gem
tleman thinks that he will be able to
show that his client is a full-f1edged
citizen and entitled to remain In the
United States for many reasons.
The Chinaman claims that he was
born in Oakland, Cal, but that when
he was twelve months old his parents
returned to China, taking him with
them. He lived there until last June,
when he returned to America, landing
in British Columbia port There he
remained until he obtained the affidavit
Of two white residents of Oakland to
the effect that he was born there, and
then he came East over the Canadian
Pacific road to Pembina, N. D. The
customs officials at that port permitted
him to pass into the United States
after they had examined the aff1davits
he bore, which the law permits, and
then they telegraphed to the federal
officials here to look out for Lee. The
Chinaman arrived in st. Paul three
weeks ago, but as has been stated
District Attorney Stringer sought ad-
vices in the case before he acted and
this delayed Lees arrest.
It is held by Lees lawyer that the
Chinaman was born in the United
States before the first law governing
Chinese emigration was enacted in
May, 1882, and long before the Geary
act, which was approved on May 5,
1892, consequently neither Of the acts
could apply to him as he was Ameri-
can born. Judge Hanford, of the fed
eral court for the northern district Of
California, had a similar case before
him in January, 1892, and he decided
that under section II of the const1-
tuition the laws governing the importa-
tion of Chinese labor are inapplicable
to persons born in the United States
and have subsequently removed to
China and returned to this jurisdic-
ton, even though the parents are not
citizens and being Chinese not entitled
to become citizens under the national
laws" The authorities appealed to the
United States supreme court from this
decision and, although no decision IN
the case has yet been reached, it Is
understood that the department OF
Justice at Washington is of the opin-
ion that Judge Hanford's decision is
not good law. Attorneys have literally
criticised the opinion and in subse
ouent deportation cases it has been
ignored.
Court commissioners have eXtraor-
binary power in the disposition of these
cases involving deportation and the
burden of proof of citizenship rests al
together with the accused. The United
States only has to make the charge
against a Chinaman and he must prove
that he is entitled to remain. If it
should be found that Lee comes under
the Geary law for deportation federal
official will have to assume charge of
him and in person deliver him to some
Chinese port This duty will rest with
the United States marshal.