Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-09-11
ATTACK ON CHINESE LAW.
Decision Of Canadian Court Anxiously
Awaited in Washington.

Washington, Sept. 1O-An effort to
break the agreement between the bureau
of immigration and the Canadian Parihc
Railroad regarding the transportation
through Canada of Cinnamon destined for
the United States is being made in Inc
Canadian courts, and this week. an action
to this end, brought by American citizens,
Will he heard. The agreement will be de-
Tended both by representative of the De-
partment of Justice of the United States
and by the best legal talent obtainable by
the railroad in question.
If the Canadian courts sustain the effort
TO break the agreement, Commissioner
General Sargent OF the immigration Blu
rcau says there will be no way to enforce
the Chinese Exclusion law 50 far as the
Canadian border is concerned other tnan
to close all ports of entry to the Chinese
from Canada The intimation is given by
Commissioner General Sargent that if the
attempt to break the agreement is not
successful the Americans who have raised
the issue will be proceeded against by the
Department of Justice In connection with
the smuggling of Cinnamon.
Since the operation of the agreement In
question, which was entered into IN sIc-
cordancc with the terms of the new I'M
migration law, all Chinese landing in
Canada and destined for the United States (.
have been brought by the Canadian Pa
cific in bond either to Malone, N Y,sor'
Richford VT, the only ports OF entry for
Chinese on the border. Under this agree
ment, when Cinnamon fail of admission to
this colutry the railroad company iSS
bound to Transport them backeto China. -
Commissioner Sargent says that before
this arrangement was entered into il was
the custom of the ring of American crti-
zenS engaged in the present Litigation. To-
detain prospective Chinese Immigrants; i'll
Canada until they could be coached suf-
hciently tor. sustain the contention that
they We're American born. Witnesses
would be secured to swear that they knew
of the birth of the particular Chinaman
in San Francisco or SACRAMENTO and Che
n inf md l.,. l..
aliens. although the officials were moral
~ certain that fraud was being practiscd
Since the railroad and the Immigration
Bureau have operated in conjunction, it
has been impossible to work this scheme
as Cinnamon are brought through Canada
under heavy bond and cannot be detained
4. The1 present. action is, brought in the
case Of seventeen Chinanlen who recently
arrived at Richford. VT from Vantout,ef,
B. q, under bond, and to whom admissions
to the United States was denied. ImCle-
agfately haheas corpus proceedings, Were
begun before Federal Judge Wheeihl! an
|5aichford, to have the Cinnamon released.
Fon the claim that they were American.
bor9y but no evidence, had been submitted
to sustain this claim before the imrnigre-
ton officers. In his opinion denying the
writ Judge Wheeler ruled that there
could be no appeal taken from the de-
ciston OF the immigration officer! 'rlts ax-
causian act provides shat the. dr. cisitjll.o OF
MANIFESTATION officers. shall be, iinal with
respect to the admission of alens. but in
the present case the Chinanieh claimed TO
be citizens of the United Status by birth
ana the denial of appeal in this case, is
held to broaden the authority of the i'm
migration service. -''N @ or tH a.. r."
. The case comes before the Canadian
court by reason Of a writ, Of babqas COR
pus obtained FOR the Chinamen While they
were in the custody of the 'railroal com
panE on their way back to thu court
T. Washington officials regard the decision
OF the court as having a most Important
hearing on the future administta ton of
the Chinese Exclusion act, so far as the
Canadian border is concerned. The agree
ment between the railroad and the Bureau
or Immigration Is looked upon as an ad-
mlrable arrangement in that it is believed
10 nave put Il stop to one of the most sue
cesSful methods OF smuggling in Chinese.
IL IS hlntcd that advantage will be taken
OF TINS fact and evidence which has been
accumulated will he used i'm the proscctI-
ton OF these persons if the law officers
OF the service can possibly find ground for
action. Confidence is expressed that this
can be done.