The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-06
A POLITICAL OFFENCE
Flea Entered in Behalf of Fitz.
harris and iIullett.
Hearing in the Appeal of the Al
legged Phoenix Park Irish inyin-
cibIcs-ArSumentsM Made by George
NJ. Curtis in support of Their
Right to Land in the United Stntes.

James Joseph Mullett, from the decision o.
a special board of enquiry. at the port o
New York, which refused them permission
to land in this country, came up for argu-
ment yesterday afternoon at, the Treasury
Department before Assistant Secretary
| Taylor and Commissioner General Pow
| derby. of the Bureau of immigration. The
/ Solicitor of the Treasury Department. Mr.
| O'DonneIl, was also present at the hearing
Fitzfarris and Mullett were convicted Of
completely in the murder in Phoenix Park,
| Dublin. of the Secretary for Ireland. Lo:d
Cavendfsh, and Under Secretary Burke, and
sentenced to imprisonment fer life. They
were recently pardoned, and came to this
country for the purpose of visiting friends.
| The immigration authorities at New York
refused them the privilege Ct landing, On
| the ground that they came under the eX-
| clusion act. as persons convicted of a crime
and being "felons."
George NJ. Curtis. of New York. repre-
| sented the appellants. The poin,s on which
he based his argument were as follows:
Il. Although the Supreme Court of the
United States has recognized the constitu-
tional character OF this Board Of Special
Enquiry, still II has never given license
to that Board to condemn any person 10 a
sentence of deportation upon evidence il
| legal, incompetent. and insufficient. In
other words. while they possess the power.
! within the pale Of a lawful discretion. they
are responsible to the Appellate Tribunal
for an abuse OF that discretion. and for a
judgment rendered upon evidence which Is
insufficient and incomplete in law.
-. Both Of these persons. SO far as the
record discloses. have been the recipients
of pardon for the crime whereof they
were convicted by a corrupt British jury,
upon false. perjured. and purchased testi-
mony, and it will be a new construction
of the act OF Congress if people con-
victed substantially OF political Of
fences. receiving pardon from the Gov
eminent whose laws ii Is claimed they Of
Tended should be pursued as outcasts and
felons upon the friendly soil of the United
States-a land against whose Government
and institutions they have never raised
hand. and for the perpetuity of which they
will never cease to pray.
.3. II will be noticed that neither
of these gentlemen came TO the United
States to remain. Mr.. Mullett is a trades
man in the city of Dublin. in good standing
unmolested by his own Government. The
card of his business was submitted on the
original enquiry, and he says thet he In
tends to return 20 his own country, but he
viii never submit. without resistance, 10
being deported from the United States as
a criminal, which he declares himself not
to be. Mr.. Fitzharris tells us that he
came here for visit, to see this country.
of whose laws and liberties he has had
such delusive information. That he has
sufficient means for his maintenance: that
he can get more on. application TO his
friends at home. and that he is enabled 10
work at his business, that of an operator
of the Singer machine If necessary, to
maintain himself. Therefore he is not.
in the sense Of the law. pauper. Besides
Mr.. Patrick O'Brien. and other eminent
Irish American citizens. will give bonds TO
any amount that he shall never become a
charge upon the people of the United
States. Fftzharris has received.
assuming the record to be correct.
and the evidence properly admit
ted pardon of the Government WHOSE
laws it is claimed he offended. and TO this
pardon. this act of grace. is attached. but
one condition-that while in the Old Com
try he shall report himself at the end OF
stated terms. In point of law it differs in
no sense from the pardon of Mr. Null
lett. so far as the operation of the immi-
grafton law Of the United States is con-
cerned.
II. There Is no legal. comps tent.
proper evidence that either of the detain d
persons are convicts. or ever have been
convictS. and the only legal. competent
evidence contained in the record /; that
by whatever term the offence technically
might be known. it was the result. the |
outcome. OF political friction. and is. there |
fore. what the law denomirates political |
offence. and these men are political Of |
tenders in the sense that the laws of immi- |
grafton OF the United States are sought TO |
be applied TO them. The Government can
not take the record for one purpose ID |
emasculate 1t for another. X 1t is good for |
the condemnation CT the detained persons |
il must be potent as we'll for their saliva |
ton
At the close Of his argument Mr.. Curtis |
called the attention of Assistant Secre- |
tary Taylor to the act of Congress of |
March g. 1891. and said that it is so plain |
in its construction and intent that what |
ever the opinion of the Treasury officials |
may be. they could not afford to disregard |
or misinterpret it. The passage in the act |
referred 10 is as follows:
Provided, That nothing in this act shall b.
to apply TO exclude persons CON
veted of political offence. Notwithstanding said
political offence may be designated felony.
crime, Infamous crime. misd, mean0r involving
moral turptude ~ the laws of the land whence
he came. or by the court convicting.
Assistant Secretary Taylor gave Mr..
Curtis permission to file a brief in the
:ase. The decision will be rendered after
he brief has been received. which, no
ioubt. will be submitted to the Attorney
General for his opinion.
CHAMBERS NOT MnRnEPEn