The Montgomery advertiser., 1902-01-10
OFFICERS
 CRITICISED Judge Jones Calls Deputy
 MarShalS to Task. HASTE WAS UNNECESSARY Arrested Chinamen Without
 Approval of Attorney. Two Suspects Released, While Five are Held for Appearance Before United States Commissioner
 Fillmore Next Wednesday.

 ern Districts of Alabama, ordered the seven Cinnamon arrested Wednesday night by Deputy United States Marshals on warrants before Commissioner FL more, brought into his court yesterday. and when they appeared with the officers he severely criticized the deputy marshals for the manner in which the arrests were made.
 He said tine officers had acted with un- necessary haste, taking the Chinamen from their work in the early evening, at time when a hearing could not be had. and forcing them to remain in the cus- tody of guards until an examination could be made, instead of waiting until next day. and also for acting without the approval, in the first place. of the District Attorney or consultation with the judge. ,.,.s.
 It appears from what can be learned of the affair. that there are two Chinese societies. in Montgomery. and that be- cause one society was more prosperous than the other, it was suggested that as a means of reducing competition, the members should be arrested and prob- ably deported because of their unlawful entrance into the United States in vio- lation of the Chinese exclusion act. Con- sequently one of the Celestials notified the deputy marshals, after failing to ob- tain warrants from the commissioner, that certain other Chinamen held no cer- tificates. and that if a raid were made this would be found the case. The raid followed and seven were arrested.
 Judge Jones ordered the release of two of the suspects, as they proved they were merchants The other five were re- leased on bond to appear before Commis- -t, M V.- erence to the arrests. Judge Jones. on opening the court, said:
 Judge Jones's Comments.
 The circumstances connected with tn; arrest of seven Chinamen last night under proceeding for deportation, are such that feel it my duty to make com. ment upon the matter in open court.
 Whether these Chinamen should bt proceeded against at this time, had beer under discussion in the District Attor. ney's office and before a United States Commissioner for day or two, and the matter had also been brought to my at. tention. With my approval, 1t was de termined not to. act at this time upor the fnforma ton furnished. the informant being unwilling to make oath of any sort. and there being reason to suspect that the complaint was made from ulte' rior motives.
 ''Neither the District Attorney nor the Commissioner initiated the arrests. Wher the Deputy Marshal applied to the As sistant District Attorney he was in formed by. him tbat the warrants woult not be Issued with his approval II had some conversation with the Distric Attorney. in which attention was called to the statute authorizing the Marsha to bring Ehinese laborers before United States Judge. if found in the district without pfoper certificate as to residence etc, ana that the Marshal when in formed the law gave him that right. con strued 1t to mean approval of the ar rests. or at least. that there was nc -"It is by far the best practice fol Marshals, under such circumstances al these, when they are advised that thu of the District Attorneys office. to re frain from exercising the power to ar rest without warrants, until the Distric Attorneys office has acted; or. tn. Judge: If convenient of access. has beel consulted. This course. however. was no pursued. and the Chnamen were brough by Deputy Marshal after dark befor, United States Commissioner. and affi davits were then made against them.
 "Conceding this right of the Mar the first instance, without war rants. and that the Deputy Marsha who acted fin this instance believed tha .s he was n.t acting in disregard of tn,
 
 Judge. still the fact remains, in view Of the circumstances, and the time ant manner of the arrests. that the right wal exercised In an improper and oppressiv' manner, and I feel it my duty. to mak known my emphatic disapproval.
 Had Been Here for Months.
 "All of the prisoners have been il Montgomery for months. and some c them for years. There was no good req son for apprehendiag that they woul' run away. and no good reason why tn arrests were not delayed until this morn ing, when there would be opportunity fo these people to be heard and obtain bail It is proper to say that .t was repre- sented to the deputy who avowed re sponsibility for instituting these proceed ings that "the Chinamen would perhar swap papers and certificates if they wer not all taken at one time and takel immediately" This is no reason at all for there being seven defendants. ther and sets of papers, and the swapping o papers under such circumstances, coul not deceive any one or benefit any of tn prisoners; but would be the means O tempted to use the papers of another It was also urged upon the deputy tha the prisoners went to different places t work during the day, and 1t would no do to arrest them. separately, as th others might take alarm and flee. and therefore it was necessary to wait unti night and take them all at once. Post nonement until morning when the prison CTS could be found at the same pac where they were found last night, woul have avoided any danger if there wa any to be apprehended, of any of tn prisoners fleeing. Besides, as I have ob served, fin view of the long residence an, occupation of these Chinamen here there was no reasonable grounds 10 experimenting that the arrests of ever, one Of them could not have been mad at a reasonable time in the day, at tn