The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-23

'If he 10 . subject for deportation he
must be given a chance 10 defend himself
In . regular judicial proceeding In court,
said Judge Hanfo~d. Of the Federal court.
yesterday in granting the application OF I.
Yamasacka for q writ OF habeas corpus.
and ordering Marshal Ide TO dismiss HIM
from custody.
Yamasacka was Immediately rsarrested
by Maj. Walker. United States immigration
Inspector for the Puget sound district. UNI
der orders OF the treasury department.
which claims q right to decide IS 70
whether japanese shall DO deported under
the pzuper act. From the position Judge
Hanford has already taken In the matter
* is more than probable that he will grant
another writ. which will surely be applied
Tor.
Judge Hanfords decision is one Of great
importance, especially to the japanese peo-
pie. not only OF This country. but
those who desire to enter from the Orient
The treasury department assumes the pow
er In relation 10 japanese 10 determine
whether or not they are paupers. II the
than the japanese must go.
Judge Hanford by his decision yesterday
declares that q Japanese cannot be deport-
ed without a judicial proceeding He must
be given a chance TO defend himself.
Yamasacka was arrested last February
In Whatcom on the charge OF bringing
poses. AT the hearing before the United
States commissioner at Whatcom II devel-
oped that he had clandestinely entered the
United States In December. and that ne
was pauper At the time OF his entry.
The grand jury last week refused to in
dict him on criminal charge. and he was
ordered released He was Immediately ar
Tinted States Commission Kisfer upon
complaint OF immigration Inspector Walk
er, charging him with having entered the
United States as pauper and also clan-
dest!nely.
At the time of the examination Commits
Moner Keifer said he was doubtful about
his Jurisdiction In the matter and he would
court. The commissioner found. however.
that outside OF the question Of jurisdiction
the charges we're sustained.
Under the Law applicable TO Chinese the
commissioner would have power to order
the prisoner deported. but In the present
case all he could do was to order him COM
mitted until q warrant for his deportation
treasury In accordance with the act Of con-
gress OF March 3, 1891 II will be recalled
that Maj. Walker said 1t was his duty to
report the case to the secretary. TO de-
eide whether or not Yamasacka should be
deported.
Yamasacka's friends rallied to his aid
and an application was made to Judge Han
ford for a writ OF habeas corpus
The eleventh section of the act of 1891
provides that any alien who shall come
into the United States In violation of the
law may be returned as by law provided
at any time within one year thereafter. q,
the expense OF the persons vessel or cor
porat!on bringing such alien into the Unit
ed States. and X that cannot be done then
AT the expense OF the United States The
act does not make any provision for a
judicial hearing or examination into the
facts OF the case OF the immigrant alleged
to have entered the United States in viola
ton Of the act.
Judge Hanford ruled that while the
courts have no jurisdiction 70 review the
action OF the superintendent Of immigra-
tion or the inspectors acting under him In
excluding immigrants upon their arrival
and before they have been landed from the
vessel: after an immigrant has entered the
United States and actually set foot ,pon Its
soil and attained his liberty. ne cannot be
sent back except upon n judicial inquiry
into his right 20 remain In the United
States and further held that the law makes
no provision for @ich inquiry.
After the discharge of Yamasacka he
was Immediately rearrestcd bv INSPECTOR
Walker. acting under orders OF the treas
ury DEPARTMENT. OF which the immigration
office Ia bureau. 1t IL understood that
another application will be made for a writ
OF habeas corpus. which will be heard Sat-
urday morning
From the tenor OF Judge Hanforfs de-
cision Ii Is likely that Yamasacka will be
promptly discharged II - said that Dis
trfct Attorney Gay will then take an ap-
peal IL the decision is averse to the right
Of The immigration inspector 70 arrest and
hold immigrants afsr they have once en-
tered this country.