The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-11
ITO MKAJIRO
LIED TO COURT
Regularly Deported by Immi-
grafton Commissioner at
San Francisco.

Inc circuit Court In releasing Ito
Takajiro, the stowaway of the Am
erica Maru, who was brought ashore
from that vessel, upon writ Of hapeas
corpus signed by Circuit Judge Hum
phreys, was clearly at fault, and for
two reasons. One was that the court
had no jurisdiction in the matter and
second, that the court was lied to by
the stowaway himself, thus throwing
him open to the charge of perjury, in
stating that he had not had an exami-
nation by the Federal immigration
commissioners at San Francisco.
The case brings up a peculiar chain
of circumstances in which it is clearly
nor the Territorial courts had any jul
risdiction in the case, this being point
ed out in section 8 of an ACT approved
March 3, 1891. In this Act is the fol-
lowing paragraph:
"Alf decisions made by inspection off,
GERS or other assistants touching the
right of any alien to land when ad-
verse to such right, unless appeal be
taken to the Superintendent or Immf-
b
to review by the Secretary of the
Treasury"
1t is maintained by the customs and
immigration departments that Judge
Humphreys went outside his Jur1sdic-
ton when he issued the habeas cor
pus In Ito's case. 1t is contended that
If there was any right which the Jap
anese possessed to- a writ of habeas
corpus it should have come before the
United States District Courr, and not
before the Territorial Circuit Court, as
the man had been deported by a Unit
ed States department in San Francisco,
under the United States laws, and not
under the laws Of a State or the Ter
ritory. But no such right existed.
It is now understood that Judge
Humphreys was imposed upon when it
was not made known to him that Ito
had already been deported from a
United States port, and was on his
way to the place whence he originally
boarded the vessel as stowaway. Ito
swore upon the stand that he had not
been subjected to an examination in
San Francisco, and stoutly chung to his
story. The only person who knew that
Ito was deported, and that the man
had been examined by the immigration
Board, was the captain of the America
Maru.
The local customs authorities have
received very emphatic instructions
from immigration Commissioner North
of the port of San Francisco regarding
Ito, together with the information that
the Japanese was examined, the fol-
lowing being copy of the Board of
Inquiry'S report:
Office of the Commissioner of Immigra-
ton, Port of San Francisco, Cal,
March 8, 1901.
We, the undersigned, Board of Spe-
cial Inquiry, convened to consider the
case of Shotsuke Jena and Takajiro
Ito Uto Takajiro), who arrived at this
port per S. S. America Maru on the
7th day of March, 1901, having care
fully examined the evidence. both oral
and documentary, presented in said
case, decide that their coming into the
United States is violation of the Act
approved March 3, 1891, and Acts
amending same, and they are hereby
debarred landing.
(Signed): H. H. SCHELL,
A. DE LA TORRE JR.,
T. M. CRAWFORD,
r. ECCLESTON,
Board of Special Inquiry
Approved March 8, 1901.
(Signed): H. H. NORTH,
Commissioner.
March 80, 1901.
L hereby certify that the within is a
true copy of the findings filed in this
office March 8, 1901.
l further certify that said aliens
were Immediately notified of this de-
cision, and that the names of said i'm
migrants were entered of record as be-
ing within the said prohibited class,
together with a statement of the de-
cision in said cases, and at the same
time a notice in writing was given tic
the agent of the vessel upon which
said Immigrants arrived, TO wit, the
America Maru, together with the
grounds of refusal to land such imm1-
grants, and requiring said vessel to re-
turn said Immigrants TO the port
whence they came, to wit, Yokohama
Japan. That no appeal was ever taken
or sought by said aliens to Secretary
of Treasury. That all proceedings were
regular. III. II. NORTH,
Commissioner of immigration, Port
of San Francisco.
A peculiar question now arises, can
the Japanese be again deported, and
can Judge Humphreys change his own
acts in case in which it is alleged
he had not original jurisdiction? AT all
events the Japanese is still at large,
and no one seems to know what course
of procedure should be pursued to
place him under surveillance for a re-
committal to the America Maru when
she again touches at this port.
Pa sseparto1lt Nor blk 5I4 tons Con