Los Angeles herald., 1910-11-18
MANS FIRST DUTY
TO U.s., IS RULING
Federal Commissioner Decides
That MCAIIister Must Be Tried
on immigration Charge
DEPRIVED OF REGULAR WORK
Bark Master Who Served Family
Before Government Wards
Held to Be in the Wrong

According to a ruling handed down
by United States Commissioner Charles
M. Williams yesterday In the examina-
tion of j. w. McAllister, master of the
bark Alden Besse, charged by the i'm
migration service with allowing TWO
Japanese stowaways, who had been
placed in his charge under orders OF
deportation, to escape mans hrst
duty is to provide for the wants of his
government charges instead of those
of his family.
The aged mariner, fumng with m
dignation, was held under bond to ap-
pear for trial next spring. He was de-
Tended by Attorney Frank Dominguez,
who endeaVored to persuade the court
that his client was surrounded by pc
culiar circumstances Of which he was
not the author. The court, while not
denying McAllisters good intentions in
regard to holding the aliens for de-
portation, termed him technically
guilty"
Under the ruling McAllister, while
enjoying his liberty under bond is not
allowed to leave Los Angeles and thus
cannot follow his trade of the sea.
At the conclusion of his examination
yesterday he was surrounded by nu-
merous attaches of the federal depart
ments, who assured him of their sym
pathy 1t was thought that the cap
tain would either have his case dis
missed or be allowed his liberty on pay
ment of a nominal fine. Chief lnspec-
tor RidgWay of the immigration ser
vice, who was one of the principal wit
nesses in the examination. however,
assisted Deputy United States District
Attorney Frank Stewart in prosecuting
the case vigorously.
CROSs-EXAMINATION SEVERE
On the witness stand Dominguez put
the immigration inspectors through a
severe questioning until he was halted
by the court. He confused Ridgway
somewhat when he questioned him
sharply as to his knowledge of section
20 of the immigration laws, which holds
the owner of a vessel upon which
aliens have come into this country re-
sponsible for their welfare. RidgWay
said he was not aware of the fact that
f. w. e. Thompson, awaiting trlal on
charges of embezzlement, was the
owner of the ship. and that he had con-
sequently held McAllister responsible
for the safe keeping of the Japanese.
The prisoner declared he explained
the full particulars surrounding his
case to Ridgway. The immigration in
spector said his department, on placing
the aliens in McAilisters charge, was
relieved of all responsibility In the
matter.
department was called to the stand as
witness for the prosecution and
stated that when the captain delivered
the Japanese into his custody he re-
turned them to the ship. II told NC
Allister," said Smith, that he had
acted against the law and that the
government didn't care whether the
prisoners were fed or not, and that 1t
was up to him to feed them"
McAllister passed yesterday looking
for work, He is endeaYoring to raise
money to send to his family at Homo
lulu.
McAllister's case has aroused un-
usual interest among the various de-
partments, many of the government
officials pronouncing his treatment as
unjust. Efforts were made by the
United States marshaPs office to pre-
vent a warrant being sworn out Tor ms
arrest, but the immigration service de-
clared he must serve as an eXa1nple;
and the warrant was ultimately Issued
through the district attorney and
served by one Of the marshals depu-
ties.
The Pilot association OF San Fran
cisco and the San Pedro chamber OF
commerce retained Attorney Frank II.
Dorninguez last night to defend NC
Allister.
/ The Pilot association is one of the
strongest organizations of its KIND on
the Pacific coast and its membership
is composed of every licensed pilot in
fine west. The association wired Do
minguez last night through John p:
Gassy. president of the chamber or
commerce at San Pedro, to tight the
captains case t hnlsh' sparlns no
expense"