The San Francisco call., 1913-08-20
Dominion Authorities Pre-
pare to Deport Fugitive
Under Act Excluding In
sane Persons or Erstwhile
Criminals as Undesirables
Counsel Is Engaged to
Fight the Legal Battle
GRAVE DOUBT OVER
EXTRADITION LAW
Dutchess County Prosecutor
Ready to Swear to War
rant Alleging Bribery, the
Charge on Which Custody
May Be Legally Demanded
Case of Jack Johnson,
the Prize Fighter, Is Cited

OTTAWA, Aug. 19.-Harry K. Thaw
will be deported from Canada under the
present plans of the Canadian immigra-
tion department, because, in the mean
ing of the Canadian immigration act
he is regarded as a prohibited per-
SON.
II custom is followed he will be sent
back to New Hampshire. from which
state he entered the dominion.
It was late this afternoon when the
department was officially notified of
Thaw's apprehension. and Immediately
Inspectors D. H. Reynolds and F. E.
Williams were dispatched to Sfrer-
brooke with instructions to watch the
case and institute proceedings
The department. wired this afternoon
the chief OF police at Sherbrook to hold
Thaw under the immigration act
The law in Thaw's case seems plain.
There are certain classes who, under
section 40. are not eligible to enter
Canada, or who. II they succeed in
doing so. are not permitted to remain
here. The statutes state that idiots,
imbeciles insane persons or erstwhiIe
criminals shall not enter the country,
grafton officers they shall be deported
forthwith.
JACK JOHNSON CASE CITED
There is an exception. however. and
II is interesting to note that the negro
pugilist, Jack Johnson, recently man
aged to pass through Canada under the
clause which provides that one Of the
prohibited class who enters Canada,
carrying with him through transporta-
ton TO another country, may not have
his progress impeded
Information received here does not
Say whether Thaw had taken the pre-
caution of securing such transporta-
tion, though, following SO closely on
the Johnson affair, it is difficult to
see how his legal advisers could have
overlooked this contingency
At the justice department grave doubt
is expressed as to the power of the
courts to grant extradition.
In the treaty between Great Britain
and the United States escape from an
asylum is not mentioned as an extra
ditable offense. The department, how
ever. unhesitating1y expressed the
opinion that the case comes under the
immigration act
DEPORTATION VERY SIMPLE
Questions Of the legality of Thaw's
arrest do not conflict with any action
under the immigration act.
Deportation proceedings are very
simple They merely consist in ar
resting the object of deportation and
II there Is sufficient evidence as to his
identity and as to his disability to
enter the country he is escorted across
the border to a point rs miles in the
interior. :
The custom is to remove him through
the port and into the state from which
he entered, after the officers of the
United States government have been
notified, under a reciprocity agreement
between the United States and Canada,
in advance.
1t is likely that Thaw will be sent
back to New Hampshire
Objections TO deportation proceed
inss have rarely succeeded, as prohib-
ited immigrants. have not, under the
law, the opportunity of resisting the
inspectors of the immigration depart
ment
Once Thaw is landed back over the
border 1t will be matter of domestic
concern as to how he will further be
daa1t with