The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-09-28

FuhIlAANU. sept. 2f,--"But there II
no regulation debarring the entry Of any
allen not having the passport from his
homo government. II sufh regulation
exists. 7 am not aware Of H."
This statement was made by Judge
q, H. wolyerton. Of the United States
District Court. In deciding the ease Of
Captain Maurice A. Hamet, Of the
French bark st. Louis. who was fined
recently by the United States Commis.
sioner on q charge Of violating the immi-
grafton law prohibiting masters Of yea
sels from landing aliens forbidden nd.
mission 10 this country.
The case grew out OF the escape Of
two Japanese sailor from the ST. Louis
who had signed At Kobe for the round
trip. Memet's defense was that the
Japanese had no intention Of coming 10
this country when they aligned for the
trip.
Captain Hemet also claimed that the
order issned BY President Roosevelt last
Nal excluding Japanese. Chinese and
Koreans from this country was In ex.
cess OF his authority.
Judge wolyerton upholds President
Rooseveit's order which Is In substance
that the President has become satisfied
that passports issued by the govern
mcnt Of Japan to citizens OF that coun.
try or Korea, who are laborers, skilled
or unskilled. 10 get to Mexico. Canada,
or Hawaii, are being used for the pur'
pose ,oi enabling the holders thereof Ia
come TO the continental territory cf the
United States, TO the detrimcnt Of labor
conditions therein and therefore orders
that such citizens Of Japan or Korea
holding such passports be refused ad'
mission TO the continental territory Of
the United States.
The court, however. takes exception
TO section "C' OF rule 81, issued by the
Commissioner General OF Immigration
which says II japanese or Korean Ia
borer applies for admission to the con
tinental territory OF the United States
| and presents no passport, II shall BE-
' presumed first that he did not have one
when he left japan or Korea emitting
him to entry into the United States
and second that he did have one limited
to Mexico, Hawaii or Canada In part
Judge Wolverton said:
ut seems to me that the President
has correctly interpreted the proviso
which means that the order shall ex'
tend to and comprise such citizens o.
any foreign government as shall have
passports there from or to any country
other than the United States and arr
using such passports for the purpose
OF enabling the holders to come to thu
United States TO the detriment Of hbol
conditions. 1t does not, as read It
extend to all citizens of the government
issuing such passports, but only to citi
zens Of such government TO whom th'
passports defined have been issued ant
the president may as he has done, re-
fuse them permission 10 enter
Judge Wolverton says there is no dis
elimination here between citizens of diff
ferent nations and that the "favoreC
nations clause has no place in the con
troyersy. Turning to section &c" Of rul
81, Judge Walyerton quotes the provis
ion Of immigration act creating the Of
fee Of commissioner general Of immigra
ton and clothing him with his outhorit.
which Is to carry out the provisions o
this act" Continuing the court said
"Thus his rules and regulations are Il
be designed to carry the act into prac
tical effect; but he can AXE no rule con
trary to the spirit of the law and mucl
less can he add to the law any pro
visions excluding aliens nor already ap
proved and adopted by congress-
Judge Wolverton stated that to dc
clare because a Japanese or Korean he'll
no passport, or he should be deemed 4
hold one limited to Mexico, Canada 0
Hawoii, Is illgical and unnatural. /
might as well be declared the cour