OCR Text |
Show PHIliRFRAY Entire Supreme Court of United Stales Must Act on Case "Washington, Feb. 3. Out of the .claim ofJemyuen, a Chinese boy locked lock-ed up in Boston, has arisen a ticklish question ol personal rights that .may work havoc with Immigration regulations regula-tions in the United States. Yuon asserts as-serts that it Is his right to give ball pending action of the supreme court of tho United Stales on the validity of his proposed exclusion from this country. He sought admission as a minor son of Shin Ying Don, whom he doclared to be a Chinese merchant residing in Boston. The Immigration Immigra-tion officials rejected his application and the lower courts declined to release re-lease him on habeas corpus proceedings. proceed-ings. The entire supreme court of the United. States will be convened on Feb. 20, to decide whether he shall be accorded- hail, a preliminary application appli-cation for which was denied by Jus-lice Jus-lice Holmes. The intricacy of Jemyuen's case arises from the fact that so much business busi-ness is before the court thai it will not reach his case, just docketed, for probably three years, and counsel for the Chinese boy declares It an injustice injus-tice to keep him in prison for that period. An affidavit has been submitted submit-ted to show that Yuon cannot stand the strain. In addition to being unaccustomed un-accustomed to he food, it is claimed that he is now suffering from "great Impairment of health, recently fainted 1 and had a bad fall, so wounding him- j self in tho fact that three stitches wore required to close the wound and Is so nervously prostrated that a serl ous result Is threatened and feared " Appeal to the court was made on the theory that even a person convicted convict-ed of crime, with sentence suspended by appeal, would bo entitled to bail. Justice Holmes took the position that Jemyuen was not compelled to endure en-dure prisonment,' and that "lie could give up his attempt to enter the country coun-try and ask to take ship for other parts." To this argument, WarrcruO. Kyle counsel for tho boy, in a Trflef just presented to the court, has replied: "But If ho is compelled to abandon his case before his rights shall have boon determined, because, unable to endure Imprisonment, which wo do not subject the worst convicts' lo, while their rights are being determined deter-mined on appeal, whatever their color, col-or, whatover their nationality, whatever what-ever their crimes, then both father and son do complain of a denial of justice, and complain of a disregard to treaty obligations by a Christian nation spndlng its mlssionaiies around the world to preach honestj', not practiced prac-ticed at home." |