THE DAILY PROVINCE JULY 6, 1914 Hindus Lose Appeal Court Case; Validity of Orders Is Upheld p.1 ------------------- Victoria Decision of Court of Appeal Today Is Unanimous—Steps Taken in Munshi Singh Case Will Hold Good—Will the East Indians Go to Privy Council? ------------------- MAY PLAY STEAM JET ON VESSEL ------------------- Japanese Consul Issues Ultimatum to the Gurdit Singh Crowd on Komagata Maru—Police May Be Asked to Board the Boat. ------------------- Victoria, July 6.—The Court of Appeal this morning unanimously dismissed the Hindu appeal and upheld the validity of the steps the immigration officials took in preventing the landing of the Komagata Maru passengers. The test case which the Court of Appeal gave a decision on this morning was that of Munshi Singh. The court has upheld the validity of the orders-incouncil followed by the immigration authorities in attempting the deportation of Munshi Singh on the following grounds: (1), That the Hindu is a native of India, an immigrant of Asiatic race, and does not possess, in his own right, $200; (2), That he is an immigrant who has come to Canada otherwise than by continuous journey from his native country; (3), That he is an unskilled laborer. The court further ruled that except in the case of persons who are Canadian citizens or have a Canadian domicile, there is no power in any court THE DAILY PROVINCE JULY 6, 1914 p.1 to review or quash any order made by a board of enquiry, as set out in section 23 of the Immigration Act. On all these points the five members of the court—Chief Justice MacDonald, Hon. Justices Irving, Martin, Galliher and McPhillips—were unanimous. Dominion Has Power. Mr. Justice McPhillips, in closing his written judgment, said he was of the opinion that the court could make the pronouncement that Canada is a nation, complete in herself, with power to pass any law which the Imperial Parliament may pass and implement such statures, and that parliament, having acted in a national crisis, all that remained for the courts to do is to see that the law is carried out. There was crowded attendance in the dingy Court of Appeal chamber this forenoon to hear the judgment, which Their Lordships had announced at the close of hearing arguments last week would be given today. Among these were the law students who were to be called a little later and four Hindus. One of the latter, in European attire, sat by himself at one side of the room and three turbaned Sikhs sat together at the other side. Chief Justice MacDonald was brief in his statement of the decision of the court, which was, he said that the appeal should be dismissed. The case came before the court, he went on, as an appeal from a decision of Mr. Justice Murphy, refusing the issue of a writ of habeas corpus asked for at the instance of one Munshi Singh. The judge had given his reasons for so holding at length in his written judgment, the chief justice said. The result was, in his opinion, that the British North America Act, vested in the parliament of Canada sovereign power over immigration into the Dominion, that that power extended to the exclusion of those born in the United Kingdom, as well as any others, that each of the orders-in-council relied by the immigration authorities in this matter was authorized by an Immigration Act and that each of them was valid, that the board of inquiry acted within its jurisdiction and that its decision was not open to review except by the minister of the interior. Referred to B. N. A. Act. THE DAILY PROVINCE JULY 6, 1914 p.1 Mr. Justice Irving touched on the sections of the B. N. A. Act relating to immigration, giving to the federal authority supreme power and absolute power in matters of naturalization and aliens. In respect to matters so delegated to the Dominion it followed that his superseded the Imperial authority and under the authority so conferred the Dominion had the right to exclude aliens. It seemed to him plain beyond question that Canada has power to make laws for the exclusion and expulsion as well as of British subjects, whether these came from Calcutta or London, and that the same steps could be taken in respect to any European race should parliament deem proper. His lordship next cited the classes of people who might be excluded or deported. Under the authority of the act, three orders-in-council had been passed dealing with this matter, one (23) prohibiting the entry of any immigrants who had some otherwise than by a continuous journey from the country of origin; the second (24) prohibiting the entry of Asiatic races unless they had in their own right a certain amount of money and the third (297) prohibiting the entry into this province of artisans or skilled or unskilled laborers between March 31 and September 30 of the present year, irrespective of race or any other consideration. The Munshi Singh Case. For non compliance(Sic) with each of these three orders-in-council, his lordship continued, one Munshi Singh, a Punjabi, was refused permission to land and ordered deported. Presumably he was held in custody somewhere pending that deportation, but it was not represented to the court that he was under restraint. The cases governing the matter laid down that where a writ of habeas corpus was applied for there must be an affidavit that the person in whose behalf it was asked was under restraint. This omission showed that the true point for the consideration of the court was not appreciated. That point (Continued on Page 4, Column 1) (Page 4 not available). THE DAILY PROVINCE JULY 6, 1914 p.1 Two attempts to get the five marooned Hindus back on the Komagata Maru were made at 2:20 o’clock this afternoon when the immigration launch drew up to the side of the steamer and ordered Gurdit Singh to lower the gangplank. This he refused to do and amid the imprecations and threats of the crowd of Hindus on board the Maru, the launch headed to shore. An appeal to the police to take charge of the situation is now being made. The Japanese consul went aboard the Komagata Maru this morning by means of a rope ladder and Captain Yamamoto, who had obtained his service, followed. The Consul has given the Hindus on the ship an ultimatum that they must permit the five marooned ones back on again before 2 o`clock, otherwise stringent measures will be taken. It is proposed to have a vessel draw up to the Komagata Maru and play a steam jet on the Hindus aboard her if they resist the efforts to have the gangplank lowered and the “solid five” put back on board. The whole situation was discussed this morning by the immigration officials, Mr. C. Gardner Johnson, representing the Japanese owners of the boat, and the Japanese consul, Y. A. Hori, who was aboard the steamer. When Mr. Hori went up the rope ladder he had the cap of Captain Yamamoto on his head, apparently in an endeavor either to disguise himself from the Hindus until he got on or else to disguise himself from the interested white men watching proceedings from the waterfront. There was a great noise on the Komagata Maru today—the Hindus beat the deck and rails with their clubs, beat their breasts as well and in short worked themselves into a fine frenzy. And the youthful Boy Scouts on board the Charlotte en route to Victoria were responsible for it all. The Hindus apparently thought that the uniformed scouts on the Princess boat were approaching them with the grim purpose of capturing the Maru and putting THE DAILY PROVINCE JULY 6, 1914 p.1 gits passengers to the sword. Desperate resistance was resolved on, to judge from all the tom-tom noise that came from the dusky-laden Jap boat. Might Have Been Trouble. That there might have been blood shed on the waterfront had the Hindus tried to land today was shown when the immigration launch bearing the “solid five” Hindus marooned the other day from the Maru approached the wharf. Two or three hundred white men on the shore made quite a demonstration as the boat came up, being under the impression that the Komagata Maru was landing her passengers under a favorable Court of Appeal ruling. But the launch(?) simply held some immigration…(illegible word) and the five lonely East Indians had no home either ashore or afloat. A last attempt at peaceable…(illegible word) in getting them back aboard the Maru was to be made at 2 ‘o’clock this afternoon according to the ultimatum given to Gurdit Singh by Consul Hori. The plan then was for the immigration officials, the Japanese consul and the Jap captain to ask for the assistance of the police. That was of course, in the event of the Gurdit Singh crowed refusing to lower the gangplank which at noon today was still tied up. Yesterday the “solid five,” otherwise known as the “lonely Singhs,” spent a pleasant hour sunning themselves on the wooden buoy in the harbor to which the coal hulks(?) tie. In the meantime the immigration men took their launch to the detention shed wharf and had lunch. The Singhs squatted on the bare surface of the buoy and abstractedly speculated as to the theory of transmigration of souls and the possibility of indulging in their favorite pursuit(?)—a lawsuit—this time with Gurdit Singh, once a friend but now their treacherous opponent in the many sided game(?) being played on Burrard Inlet. Mr. Reid’s Views. “I have nothing to say about the Hindus on the Komagata Maru…(illegible word) that my department is endeavouring…(Illegible word) have the law complied with…(illegible word) superintendent of THE DAILY PROVINCE JULY 6, 1914 p.1 immigration…(illegible word) British Columbia. Malcolm R. J….(illegible word) this morning. “If the Panama (Continued on Page 4, Column 2) (Page 4 Not Available)