The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-27
Changing Plan Of
Chinese Exclusion


Tense or embarrassment" whereas the
exclusion of Chinese laborers is a re-
suit achieved by no little unpleasant
ness" The Secretary characterizes the
present mode of dealing with exclu-
sion as "at once cumbersome, eXasper-
ating expensive and relatively inef1-
Gent
1t naturally follows, therefore, in
the opinion of the Secretary, that 1.-The
obvious course to pursue, dictated
alike by the demands of justice and
equity on the one hand, and by con-
sideration of good administration on
the other, is to place the matter of
Chinese immigration where it essen
TALLY belongs, namely, within the
system of regulation applicable. to i'm
migration generally; in other words, to
let the methods and the machinery pro-
vided with respect to the admission
and exclusion of aliens generally be
applied in the case of aliens from
China as well. Should this be done
among other results which may conf
IDENTIFY be expected are, in the first
place, an enormous gain in effective
ness of enforcement, particularly with
reference to the deportation of those
who have secured unlawful access to
the country; second, a most decided
gain in economy of administration; and
third, a marked improvement in the
relations between two friendly peoples
as well as notable increase in CONNER
cial prestige
1t would seem hardly necessary to
argue the gain in efficiency of eXecu
ton, at least with any person having
knowledge of the methods of procedure
it may be said, in brief, that with I'M
desirable aliens in general, or aliens in
this country in violation of law, the
Secretary of Commerce and Labor is
the Judge and jury. After hearing
the Secretary is authorized by law to
cause the deportation of the alien, if
the evidense shows that he is here
illegally. Under the Chinese exclusion
laws the Chinese suspected of being
here illegally must be duly arrested
on a warrant issued on a complaint
approved by a United States District |
Attorney, and the Government is at a |
distinct disadvantage at the hearing |
for the prisoner has the right to APP
peal, while the Government does not. |
If the government wins it has to pay |
the cost of deportation. Less than
half of the Chinese arrested are ac-
tually deported, while of 1855 other
aliens arrested during the past fiscal
year, all were reported, and the pc
riod from the date of arrest until the
date of final disposition was ordinarily
but matter or days, while the de-
partment is not aware of single in
stance in which the process has been
abused or in which injustice can fair
ly be charged" The Secretary adds:
'On the other hand, delays almost
mark the progress OF the
cases before the courts. Continue
tons are the rule
FEW UNDERSTAND THE SYSTEM.
1t may be remarked by those IA
miliar with the subject that this Is
we'll known to be the case, but there
ire comparatively few persons outside
Of California who know much about
the actual workings of the Chinese eX-
clusion laws. 1t is such persons VINO
need to be told by the Secretary that
judicial procedure is i'll adapted 10
deal with cases of this CHAR
acter." And the Supreme Court having
decided that the deportation OF an amen
e sin no proper sense a trial and SEN
tence for a crime or offense' Q49 u D
1851, the Secretary properly observes
that the necessity of burdenlng the
courts with this function is not ap-
parent. Moreover, the representative
Of the government cannot, except IN
rare cases, inform himself sufficiently
TO expose by an adequate cross-eXam-
nation any falsity in the defense set
nm nv the alien or his witness. Inc
result is, says the Secretary thal
many cases believed by the department
to be fraudulent pass on to adJudlca-
lion. with only the story of the alien
and that of his witnesses, procured for
he occasion, before the Court, and with
no redress on the part of the govern
ment by appeal or otherwise
BY way of fuller explanation, the
Secretary continues:
when it is noted that the tavorire
claim set up by Chinese in such cases
Is that of citizenship by birth within
he territorial jurisdiction of the
United States, and when it is further
recalled that the facts involved in such
decisions of the courts are res AUDI
,ata, and cannot subsequently be con-
the serious aspect of the
may be better appreciated. In
Northern New England a former Unit
ed States Commissioner, during brief
ERIN of less than three years, dis