New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-09
ATTACK on CHINESE LAW.
AMERICANS BEHIND 1T.
DecSon of Canadian Court AnIious-
Ia 47coited IA Washington.
IraoN TIE TRTBUST svKEAu.l


washington. Sept San effort 20 break the
Agreement between the Bureau of immigration
"a the Canadian Pacific Railroad regarding
.hs transportation through Canada % China
-r.n destined for the United States IS being
,,s6e IN the Canadian courts. ano on Thursday
:, Montreal an action 70 this end, brought by
American citizens. VIII be heard. The agree
-rent VII be defended both BY a representative
~ TIE Department OF Justice Of the United
s-sres and BY the best legal talent obtsinable
nv the railroad IN question
II the Canadian courts sustain the effort 20
break the agreement COMMISSIONS General
ez-re-t OF the Immigration Bureau says there
vii be 10 way 70 enforce the Chinese Exclusion
law 80 ta- IS the Canadian border Is concerned
orhe- thsn 20 close al ports Of entry 70 the Chi
rese from Canada TIE intt1ration is given by
Commissioner General Sargent that n the at
-s-npt 70 break the agreement is not successful
.he Americans who have raised the issue viii be
proceeded against by The Department Of Justice
n connection with the smuggling OF Cinnamon
since the operation OF the agreement in aues-
.sor which Vas entered into in accordance with
~. terms q the new immigration law. all Chi
nese landing IN Canada and destined for the
r-uites states have been brought by the Cana
sisn Pacific IN bond either 20 Malone. " 7, or
Richford. Vt the only ports Of entry for Chi
ress on the border Under this agreement. when
chinsnnen fan OF admission 20 this country the
-sfl-oad company r. bound TO transport them
back 70 China.
Commissioner Sargent says that before this
s--sngerent vas entered into Il was the Gus
.orr OF the ring % American citizens engaged IN
.he present litigation 20 detsin prospective Chi
ress immigrants In Canada Until they could be
coached sufficiently 10 sustain the contention
nat they were American born Witnesses would
b. secured 70 swear hat they knew o. the birth
- tire particular Chinsmsn IL San Francisco
or Sacramento. and the government found II
h,-e 70 KEEP out the aliens although the officials
were morally certain that fraud was beng prac-
,ised. Since the railroad and the immigration
Bureau have operated In conjunction. Il has been
impossible 70 work this scheme, Cinnamon
are brought through Canada under heavy bond
and cannot be detained.
The present action is brought IL the case OF
seventeen Cinnamon who recently arrived al
Richford VI. from Vancouver. 3. G. under
bond and 10 whom admission 20 the United
States was denied Immediately habeas corpus
proceedings were begun before Federal Judge
Wheeler. al Richfcrd. 70 have the Cinnamon re-
Leased on the claim that they were American
born. but no evidence had been submitted 70
sustain THIS claim before the immigration off,
Gals. In hts opinion denying TIE writ Judge
Wheeler ruled that there could be no appeal
taken from the decision OF the immigration on
Ger. The exclusion ect provides thai the de-
cison % immigration officers shan be final with
respect 20 the sdrn7ssfon OF aliens. but in the
present case the Cinnamon claimed 70 be cid
gems OF the Cnitee States by birth. and the de-
NAL o. appeal IN this case Is held 70 broaden the
authority OF the immigration service.
The case comes before the Canadian court by
reason u z writ Il ha,bsas corpus obtained for
rhe Cinnamon while they were In the custody q
the railroad company on their way back 20 the
Washington officials regard the decision q the
court having 8 most important bearing on
TIE future administration o. the Chinese TX
rlusion act. 50 Tar the Canadian border Is
concerned The sgreerneut between the railroad
ans the Bureau OF Immigration is looked upon
az an admirable arrangement IN that Il Is be
reved % have put q stop 10 one OF the most
successful methods Of smuggling IN Chinese
II is limited that advantage win be taken OF
fins fact and evidence which has been sccumu-
lated VII be used In the prosecution OF these
persons q the law officers OF the service can
possibly IND ground for action Confidence IS
expressed that this car De done.