DEPORTATION ORDERED

New Zealand Herald, 29 June 1914, Page 7

DEPORTATION ORDERED

HINDOOS AT VANCOUVER.

TEST CASE TO BE HEARD.

CONSTITUTIONAL ISSUE.

By Telegraph—Presa Association— Copyright. | Vancouver, June 26. The Immigration Inspector has signed an order for the deportation of a Hindoo, one of the passengers by the Komagata Maru. This action will supply a test case for tho courts. Application for a writ of habeas corpus was made and refused by the Court, and application will now be made to the Court of Appeal. A special sitting will consider the appeal. The application for habeas corpus was made to over-ride the deportation order. , The deportation was ordered on the grounds that the Hindoo, by coming indirectly here, by not having £40 in his possession, and by being a labourer, contravened tho Orders-in-Council.

Counsel for the Hindoos' aboard the Komagata Maru appeared today before the Court of Appeal, and were granted leave to appeal from the order refusing a writ of habeas corpus in the case of one of the Hindoos applying for admission. The case will be heard on Monday, and tho constitutional question will bo raised on tho appeal.

Counsel argue that the three Orders-in-Council under which the Hindoos are excluded are ultra vires,. One, excluding artisans and workmen, they will claim, is within the jurisdiction of British Columbia only.