Daily press. [volume] (Newport News, Va.) 1896-current, 1905-05-29

sion in unfolding the exclusion of Ju
Toy. an'i the principle involved in The
case Is one of such fundamental i'm
portance tina. strong pressure SHOULD
lie brought to bear upon the next Con
sress to remedy by statutory enact
mcnt an apparent flaw in the present
mole of procedure iii such cases
The matter involved Is briefly stated
ms follows Jul Toy. by race n China.
man, arrived at San Francisco from
China by steamer. ana was refused
permission to land. He claimed t.
have been born in the United States.
AMI to be therefore citizen of Il e
United States. TO which he was return.
ing after visit abroad. The Chinese
Exclusion Act provides that the OIL.
cials shall take suitable means TO pre-
vent communication by the Chinese
immigrant with any person other than
the Gnited States officials. and that
tho examination required to determine
his right To laid shall ba private. Gin
the presence Of government ofIicial.,
ami such witness or witnesses only a.
the examining officer shall designate"
If his admission is refused. he NAV M.
peal IN the Secretary of Commerce AMI
Labor, and in that case his counsel
may examine hut not make copies of
the evidence upon which the excluding
decision is based" Jul Toy was e.x-
cluded: he appealed; AMI the cxthl.
sion WAS affirmed by the Secretary of
Commerce and Labor, presumably upon
copies OF the evidence taken before the
lucal officer at San Francisco Jul Toy
THEN sued out writ of habcas cor
pus. The question whether he was
horn in the United States, AMI there.
fore n citizen thereof. was referred by
the United States Court to referee
to take evidence and report; lie Gid
SO, and reported in the affirmative.
Since this was n judicial inquiry and
the other was not, it must be assumed
that as matter Of fact, Ju Toy is u
citizen Of the United States. And it
is also considered as matter of law
that the Chinese Exclusion Act does
rot apply to citizens of the United
States. The rules adopted by the Sec
rotary of Commerce and Labor pro.
vide in explicit terms that "if the
Chinese person has been born in the
United States, neither the Immigration
Acts nor the Chinese Exclusion Acts
n IA, 4,
Thus 1t can lie seen that IN Toy al.
though proved hy judicial inquiry be-
fore Federal Court to be n citizen Of
the United States, has nevertheless
been dcDortcd. because the Supreme
Court OF the United States holds that
OH the question Of whether an incom-
ing imlGigtnn. is citizen or not, tho
decision of the Secretary of Commerce
and Labor is final, and from 1t no ap-
peal lies to the courts. The reasons
Gil which this decision is based are
thus stated by Mr.. Justice Holmes
who gave the opinion of the court. "Tt
is established. rs VIC have said, that
the Exclusionl act purports to make
the decision of the department final
whatever the ground on which the
right to enter the country is claimed
us well when II is citizenship as when
il is dcmicil and the belonging 10 a
class excepted from the exclusion
acts. The petitioner. NJ.
though physically within our bour,lar
les, is to be regarded as if he had been
stopped ut the Hint of our jurisdiction
ait, kept there while his right to enter
was under debate. If, for the purpose
OF argument. We assume that the Fifth
amendment applies to him, and that To
deny entrance to u citizen is 10 deprive
him of liberty we nevertheless arc of
the opinion that. with regard to him,
due process of law docs not require IL
judicial trial"
Giving supreme power In such cases;
to single man. whose whims and ca.
prices may not be questioned even by
the highest court in the land, is unwisc
AMI undemocretic and the next Con
gross should Ea.s remedial legislation.
giving the right of appeal to some
tribunal where judicial inquiry may
be had. The decision in Ill Toys case
shows that other American citizens
might he depcrtcd under the arbitrary
rules now existing.
The notice of the funeral Of Mrs
Jacob A. I2iis requested friends Ito