Show I t TO fo M MUS t J FEDERAL L JU 1 I Atty Att Gen Knox Applies to the thet t ii j Supreme Court for fOl Writ Against i 1 i Judge JuIge Wing H I r t IS THE FIRST CASE OF I ITS S KIND KINDI I t ti i j jIt It HI It U Is Charged Ch That lie Is Going Con COD Contrary to 10 Decisions of the ilic U US USI 8 S I Supreme Court Courtl l i Ii Washington W March HIn the tiO HU Nomo court today I tho ho government of ot the United Stales through Atty AUy Oon I Knox applied for a writ of oC mandamus ina to t compel J 1 Wins of oC the United district court for tor the Northern district of oC Ohio tu ti tulle take what the tho department of oC Justice maintaIns In Is 1 legal egal action with respect reaped to certain Chi Chinese nese uee exclusion cases This Ii I tho the first 1 1 time lime In the history oC of the f court that thu tho government Iov ov hIts has sought Rought a writ ot of mandamus a federal ral i judge juIge I In his hili application Knox p maintains that thai Judge Wins VIng In hold hIli unconstitutional that part of ot the Iho Chinese hIno exclusion law which for tor the Iho deportation of or alien ullen Chinese af RC after afI I ter a hearing betoI b tort 11 II United is Js proceeding contrary to the decisions Mcl lons ot of o the United Slates su lU supreme u preme court and In Is the th tl dp tie of ot Chinese Chinee who ho are aro unlawful unlawfully ly Jy In hI the United states State According Ac to the petition of oC o Atty Gen Cen CL Knox the tho proceeding In Judge Wings court are arc I re peculiar Many AianI t I Chinese exclusion cases recently have i arisen Ml en In Sn that district Chinese per er Ili tons Ions said to be In this his country unlawfully i t f fully tully vere taken before United States 1 Commissioner und and by him himI m I were w re ordered or cred deported Their counsel coun cl went vent before Judge Juri Wing with proceed proceedIngs I InKs Ings ng pa appeal on Oil the showing snarls made the judge them J Jud u Wing SIng to take IJ the necessary steps to have hlo the papers t tiled In tho the district court which would enable the government to the 1 CUll cases to the United States supreme court HA lie held lucid that tho the proceedings It I before him on appeal Rp eal from the United Unite tates commissioner was wall before him as judge and not before tho the district court j and that none nono oC of the papers therefore t be tiled by ly the tho clerk ot tho the thoi i court jf The Th result ha unit been l to nullify nullity nit nil cf et f forts fortI of ot the tho to get Acl the cases III II before betor II the tho supreme court Judge 1 w Wings WInEs position officially crucially blocking all nil proceeding pro No e ding In the tho cases after he ho lies has on them Ui Knox urges urge In his petition ik l that thaI the supreme court direct Judge t hAt Wing to hays have entered en on the records of ot the t c court all papers In Chinese cases II In question end to treat oil nil appeals made from tro m tho the commissioner n a as made madet k t to to tho court and not merely to the Iho k judge thus thU I clearing tle te way say for n a III di dif 11 Ii f reet appeal ft of cases case In dispute to the tho att court I 1 I |