New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-11
~, rsl.s-aph 20 rho Tribune.

corpus went to persons In the custody OF
Tbaw at the time of its issue II in no
way plrports TO withdraw Thaw from the
operation Of the law aQd the jurisdiction
by Il conferred upon the Minister.
What has been called a prohibition.
but Is merely an order to become effec-
tive on Monday and only then il cause
10 the contrary is not shown. docs not IN
any way bear upon anything that has
been dore since II has regard simply
10 an inquiry which had been terminated
when the writ was issued. This is said
without going at all into the question 81
whether the writ of habeas corpus AMI
the so-called prohibition could lawfully
issue under the circumstances These
questions will doubtless be dealt with
upon the return OF the writ.
Simply Carried Out the Law.
FOR my own part believe that IL
will clearly appear that neither OF these
proceedings is well founded Throughout
this matter the department has acted SIM
nIv with the view OF carrying out the
provisions Of a law intended TO prevent
Canada being made a dumping ground OF
refuge Of undesirable citizens OF other
countries IL is now. In my judgment
perfoctly constitutional. Acting as MIN
, lister charged with it's administration
could see no Justification for refraihine
from the performance Of the duties II I'M
posed on me in the mere fact that its
constitutionality has been questioned by
counsel on behalf Of Thaw.'
hn
before the Kings Bench counsel on oe-
half OF the immigration Department vi"
be in court 10 explain tho situation.
Tho AUTHORITY upon which the immigra-
ton authorities acted, according TO what
could be learned here, is contained IN
soc,,on u OF the immigration act, when
says
NO court and no Judge or officer there
Of shall have jurisdiction to view, auash'
reverse restrain or otherwise interfere
with any proceeding. decision or ORDER
Of the Minister or any board OF inquHE
or officer I'm charge. had. made or gwen
under the authority and In accofuahe-
with the provisions Of this act reis'iHS
IN the detention or deportation OF any
rejected immigrant. passenger or other
person upon any ground whatsoever uh-
| less such person is Canadian cluZeh
or has Canadian domicile.
| After a hurried conference held IN the
Office of ]. T Greenshields. TRAVIS
Canadian lawyers. Mr.. Greenshields, W.
! X McKeogn, T X Lahamme, charles
D. White and Colonel Frazer ISSUED Ne
| following statement.
THE position so far as We are aNaIe
| is simply this The appeal from the o.
| clsion of the board Of inquiry ordermH
Thaw's deportation is still pending, tns
! writ Of habeas corpus requiring ThaW 10
be produced before the Court Of hlns
! Bench in Montreal on the 18th has been
issued and served, and the order restrain
ing the board OF inquiry from taking
any further proceedings has also been
duly served upon the immigration officers
Talk Of Contempt Case.
| I'VE have no information as to "he'ne'
our appeal TO the Minister OF the III
terror has been heard. and certainly 10
opportunity has been given counseI 10
| be heard upon that appeal not"lths'Ahu-
/ ing the fact that the appeal Was proper
lodged with the deposit required py '"'
J statute.
"The restraining order issued out Oh
the court of Kings Bench BY Judge Cross
prohibited the officers COMPOSING t"o
board of inquiry from taking any lol.
| Their proceedings i'm the matter ana d"
proceedings. including those upon the ap'
peal 70 the Minister OF the Interfo''
should have been stayed from the mo
ment tho restraining order was served
"In view of this condition OF shais'
| counsel for Thaw are at complete los'
TO understand what Justification t"o
immigration authorities can put toT"dFu
for his deportation this morning, and
under the circumstances. have decided 10
reserve further comments until they arc
in possession Of the full facts.
Most significant is a statement OF JUS
tic, Cross, who signed the two "ri's
OH Friday, and il indicates that the dl-'
nifty OF the court Will not be allowed 7"
no trampled on no matter who IL rs that
has disregarded the judicial orders.
What will probably take place. accoru'
ing TO this. is that n. h. Latiamme' ON
Of Thaws counsel. will appear before tis
Court OF Appeals Monday, nothwithstaho.
ing Thaws disappearance, and denia"s
the summons OF the immigration orncers
before the court to show cause why ina"
was not produced according 10 the term
~ the writ of habeas corpus issued os
Judge Cross. A rule for contempt y,
court against the immigration ofheers WIZ
| then issue. IA
II prefer TO await developments s"'o
Mrs. Thaw. when asked to comment ."
the situation.
Every effort to draw from her any soi'
Of expression OF opinion with REGARD :.
the new and unexpected turn OF eVe"'s
ended in failure. Half dozen Montre"
| and New York press represen'ae'e'
waited at the hotel in the hope thst SUI
now statement would be fortn'on'.ne
from one or other OF the members Oh ~.
family. but absolutely nothing
| elected The Thaws we're In close CONFER