Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-22
CANADIAN
COURT FREES
JAPANESE
JUDGE ASSERTS 0RlENTALS
WERE ILL TREATED
pRIsoNERs HAVE CAUSE OF
ACTION FOR DAMAGES
Chief Justice Hunter Takes Stand
That OFFICIALS Exceeded Rights
when They Threw lHni-
grants Into Prison


By Associated Press
VANCOUVER. B. c.. Feb. 21.-Chief
Justice Hunter today directed that the
two Japanese now lying in New West
minister iail for violating the recently
nassed Natal act of the province. should
be Immediately discharged from GUS
tosiy.
on a demand being made by Robert
Cassidy. X. g., representing the prov
iuoe. that a recognizance be demanded
from the prisoners pending the appeal
which was instantly taken. his lord
ship refused to grant the request, and
stated that the two japanese were
peaceable subjects of Japan who mad
been Illegally detained.
AS far as he could see they evidently
had good action against somebody. Ine
CHIEF Justice In pronouncing his opln-
ion expressly stated that he did not
intend to touch upon the question as
to whether the provincial Natal act
was intra wires, as the fact or the
nassare of the Dominion legislation
sanctioned the treaty with Japan placed
the question In a different sphere.
Not Contrary to Laws
In a reserved manner his lerdship
stated that he would venture the opin-
ion that the provincial Natal act did
not appear to be in contraveption or
the general immigration laws OF the
Dominion, as the British North Ameri-
ca act allowed the provinces certain
rights OF legislation regarding iminigra-
ton.
The real question before him was.
however, as 10 whether the provincial.
Natal act contravened the treaty with
Japan. which. by parliamentary autnor-
ity. stood on a par with all other stat
MES of the land The treaty act must
be read in connection with other Do
1min,on acts governing immigration.
and under these provisions there would
still be some classes excluded. But
the provincial act went further ana
imposed a test sanctioned by the Do
minion authorities.
There was therefore no doubt that
the provincial act must be held as IN
operative as regards the subjects Of
Japan seeking to enter the province
Immediately after the Judgment was
given Mr.. Cassidy gave notice or ap-
PEAL and asked that the case be viewed
as an urgent one and the argument
heard at the earliest possible moment,
in order to expedite the latter appear
10 the privy council.
The chief Justice replied that had he
the power he would give the instant
right CT appeal to the privy council, as
81 was advisable that the question be
settled at an early date. He thought 2
special session of the full court Oh
British Columbia could be arranged tc
hear the appeal at an early date, and
dhence the matter could promptly pro-
coed TO the tribunal of final resort
Japanese Face Other Troubles
The two Japanese whose entranc'
into Canada was the occasion Of tht
test of the Natal act, and who were
today ordered released from the Gus
tody Of the provincial authorities, ara
by no means at the end of their troubles
ii their intention is to remain In
Canada
They will now have to prove that
they have right to enter this country
under the Dominion governmental reg
1liations. and in order that he may In
quire into the matter Immigration ON
Ger Munroe has ordered that they be
detained. They will be brought over
from the provincial jail and kept at
the detention shed until DR.. Munroe has
examined them and determined wheth-
err or not they have a right to remain
in Canada AS they came from Port
land IT would appear the publications
OF the recent order In council viii APP
ply to them and that they will in all
probability be subject to deportation.