New-York tribune., 1908-02-22
TWO JAPANESE SET FREE.
British Columbian Chief Justice
Rules Erclusi0n InrGIid.

Vancouver B. G, FEB. 21.-Chief Justice
Hunter of the Supreme Court of British Column
bis today ruled that the exclusion act was in
operative far the subjects OF Japan were
concerned though he did not hold that the act
was imperative q whole It was held TO De
in contravention of the treaty with Japan The
case came up in connection with application
of writ of habeas corpus applied for in befalf
OF two japanese arrested at Blaine while trying
to enter British Columbia. The chief justice or
dered the release of the two men held, and also
suggested that they have a right of action
against some one whom he did name. for
their detention. Justice Hunter said in part:
think that it is plain that the intention Of
the Parliament of Canada was, IN SdncuOnlng
the treaty of 1907. to make the PROVISIONS par
of the law of Canada. Ihen me ofiy queS'IolI
is whether they had that power have no
doubt that they did have that power Ihe
question is Do the provisions OF the British
Columbia act contradict the provisions or the
act known as the Japanese treaty act? Ihe
p-;+iHt CsoI,n7bia act laws down certain Condi-
tions with which persons seeking 10 enter the
province must comply Among theIn Is one tiiae
they must read or write in any language OF
Furope Now when look al the Japanese
treaty act find in the broadest way thal % lnt
subjects Of each of the contracting parties nave
country of the other. and to have full pfotSctoIl
of their property II is TO my mind absolutely
irnossibIe to argue that the Canadian govern
ment having this power. the provisions OF l.e
Watai oct are not in contravention Of the treaty
, II is verI clear to me that the Natal act
q; i,onara+i,,a so far as 1t concerns the subjects
r Ian II is not necessary for me TO decide
that the Natal act a whole Is 1nopeT2tlVe' out
It is imperative far as 1t concerns lie SUI
iects of the Emperor OF Japan
Il is understood that the case will be appealed
~ once 70 the full court of British Columbia
ond eventually TO the Privy Council in England
ottawa. Feb 21-The Department of Justice
vas Informed tonight that the chief justice oI
british Columbia had given Judgment that Iiie
Natal act was illegal and had released the IN
nrisoned japanese. The decision was eNpecteu'
and IL is believed 1t will be upheld by the higher
courts
Victoria p c.. Feb 21-When habeas cor
- ooaedinps instituted by the Dominion
,s-,r,ent on the part of Takahira, the Jap
anesa detained by the British Columbian imml-
Grafton officers under the new act for failure 10
mass the required educational test. were begun
to-day the British Columbia immigration agent
stated that he was no longer OBTAINING the Jap
rosa u,ho had this morning been arrested on
warrant charging him with having nlaw-
fuIIv made his way into the province
The habeas corpus proceedings were 'hei'
a-o-ned counsel for the Ottawa government
holding that the police court proceedings FsalhS'
the Iapanese would be of equal use for the peo-
nIe in testing the constitutionality of the Brit
ish Columbia exclusion act WHICH tle Doiiiih
ion officers hold, is illegal.
Colonel Gregory. counsel for the DOMINION
government said to-day that he intended 10
bring suit against l. s. Eaton the proNihclai
;,,,ie-ration officer for damages for false arrest
and Illegal detention of the japanese
The steamer Ming Chow reached port ull'
morning with seven japanese, VINO were lahoeo
here The immigrants have not yet passed the
fedora! inspectors, and the British Columbian
officers will not examine them under the locai
act until they have been passed by the ottawa
authorities.