The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-20
ZEE GEE A FREE nan.
At LAST THE CHfSAMaS HOLDS THE
WINNING HAND.
Ju6xe Hamfsvd HANDS pewn an
opssien, Holding He Was Not
Properly fresecused for Afs~mrt-
Cd Brisery-ekfnx 10 BE Cleared.

Cd Brisery-Ekfnx TO BE Cleared.
Tee Gee. ths nsw famous Chizazaaa vie
interpreted FER ex-Celsscto- J. g saEn-
6ers wsA ret have 20 face \ Federal ea1-t
s.rT On re eazrge - attempting 70 srfos
: Tnitse szafss gosernEaeEI cf1ctaL
Judge EzntcT6 HANDED down an oplnioa
yesterday AsssvrcoE, q wnien Re eF1Sre1
hin discharged from tns custody of
Caitsd States MARSHA Ida Judge Han
f0ras szggo1 means that shs last hopes of
the speC.al treasury otzc2a4s e eeaEicE
Zee Gee 81 smuggling ard attempting %
brsne asvs faded aw&y. and that Zee Gee
aol6s ire winning hand He heaes %
eenvfes Heck Toy Of forgery zad tie
treasury of1cEzLs wao prosecuted am q
robbery. u S expected tast IS result
Of Jadgs Hanforcs decision. Gang Gee
Hee. ta@ VET known CaIness rercAAnt Of
this city wno. x aAs been alleged. ssoo1
II VIII zee Gee 4 trying q nries Dr. J.
Z. Gardner. t1s s2z Francisco inter
prefer zne Eho IL Eow under syTsSL VII
also - slsehAEsed tTom custody Tae
sawe legzl questions are involved IL his
case Eszt came Gp IL zee Gees case
Gang Gee He's counsel, Judge Burke.
assisted zee Gees counsel In making he
legal aght which Judge HsnfeEu has de-
ciaea in zee Gees favoF.
Judge EastorG. in deciding Zee Gees
case, said:
Tbs petitioner having been rsalittet
r. oetzuif o. bAB 20 await tne action q
the grand jury upon a charge mace
AGAINST hin CO ytolata1g section s,sd Re
visec Statutes he row seeks 20 be dis
charged. on the ground that the sActs a.
legged in the sworn complaint Hlsd against
him, and shosn by the testimony for the
prosecution. do not constitute an oi1sase
fer whtch he can oe punished under the
laws Of the United States.
The testimony taken before the United
states con- missioner a. the pre- mary
prove thai he offered to brsbe one ]. E,
Gardner. 70 secure from him trans-s Lioa
faVorAbae 20 the petitioner Of certain Gni-
nese letters ana documents. which ne eA-
psetsd would De offered in evidence az
hearing 70 lake place before the said Z nj
ted States commissioner Of crsmlaA!
charge then pending against the Pc
er. and which letters 2ad documents were
supposed 70 contain evidence material y
be considered upon said hearing, the said
j h. Gardner being competent 70 trans
guage. and hoidiag 81 the tinns an ap-
pointmsnt from the secretary OF The
treasury as an interpreter Of Chinese Ian
guass for al indehniIs term and with
from the treasury Of the United states,
pursuant TO appropriations for the pur-
pose. made by acts OF congress.
Section 8 45l Revised Statutes makes
II an offenss for any person 10 promise,
offer give or cause or procure TO Sc PREM
Used. offered or given. any money or ether
c c e: q % for ne 'T payment sys ~ y
money 10 any officer Of the
United states. or any person acting Tor
or on behalf Of the United States IN any
official function, under or by authority Of
any department. or Office of The govern
ment thereof with intent 70
question. matter. cause or proceeding
which may at any tine be pending. or
which may be brought before him IN his
osfciai capacity or In mis- place Of trust
or profit. or with intent 10 influence him
20 commit or aid IL committing, Or 10
collide II, or allow any fraud. Or make
opportunity for the. commission Of any
fraud on the United States. or 20 induce
him 70 aid, 90 or omit 20 do, any act in
violation OF his lawful duty
ITO make cut a case under this section,
prove: ta) Ar offer 10 bribe 0h) Tha,
such corrupt offer was made 20 an officer
OF the United states. OF q person al the
time acting for or on behalf Of the Uni
That the offer was made 20 influence the
ofsicer or person in the doing OF some act
or performances Of some duty In hts off,
ciai capacity.
For the sake OF hrsvity and 10 bring
the case within the uarrowest compass.
viii assume that elements and = are
shown by sufficient evidence 20 make
prirna facle case. II remains. then. 10 be
determined whether, IN serving as en in
terpreter 81 the Chinese language at ths
hearing az a criminal case before a Eai-
ted states commissioner. Mr.. Gardner can
be regarded az acting within the scope %
his official duty under the appointment
which he holds from the secretary OF the
treasury, The letter ot appointment doe.
IN this that he "a directed 20 report fer
duty 70 the supervising special agent q
the treasury department., nor do the stat
utes Of the United States prescribe the
duties of Chinese interpreter. The
NEST that can be inferred from the sp-
pointment ana Tire appropriation acts pro-
vtdIng for the payment az Chinese inter
prefers "a that the persons holding such
appointments arc % assist tire agents q
the treasury department and customs Of
ecers nv interpreting ana translating from
the Chinese 10 the English language. and
from English 10 Chinese The secretary OF
the treasury has 10 authority 70 select in
terprsfers 70 assist the courts IN judicial
proceedings. srd e would be expanding
ths scope Of Mr. Gar9ner's official func-
tlons TOO far 20 assume that hts appoint
raent constitutes him an officer Of the
United states whose translation = chi
uese document could be received IN a tu-
Gtcial proceeding as authentic by reason
O. the official character II thu Translator.
or thar IN making translation Of the tes
tlmcnv or papers - re used at a hearing
before = United States corr missioner. he
would be acting II the discharge Of hts Of
fetal duty under said appointment. Tie
could not Re accepted rs IN interpreter a
APPROVAL and authorization of the c0m-
missioner presiding al she airing there
fore, K lr acting as ar interpreter at s7lch
hearing he may - regarded p performing
IN any sense an Official function. his OIL
cfal character would BE derived from his
appointment or destgnstiun % act IN that
capacity ~ the commissioner. ard rot
from hts general appointment frnm the
secretary 81 the treasury
TT - nv opinion that he eyer % hr,he
alleged 20 have been made by zee Gee
soes rot amount - a completed oTense.
within tire provisions 81 section AL for
the reason that = was not Intended 20 fn-
fuerre M Gardner 81 the manner Of PEP
forming Ia. dEty under his appointment
from the secretary % the treasury and Re
had not az that tire besr srpoir led Or de-
iEDatad Nv The SOFT missioner 20 serve "a
an Interpreter ~ 49, contemplated hear
ing ard held 70 relation 20 the govern
rent nv reason % airy sppo&r tr1sEt 20 act
Is 81 interpreter r any tudiclsI proceed
tnE At sGer r~ate - a Ferson n cantern-
rssricn ~ mere proba cIBty that Re nay
K called % perform cTicial f1nrcions ard
Intended 70 Influence RS conduct u per
forravee % such furcficr. ~ ne shall 5s
Aaaz f-fa go