Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-06-10

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to the intirm, who is poor and depen-
dent. when unaccompvnied by his
relatives, able and willing to support
him. il must be sustained when applied
to the infirm who is surrounded by |
wealth and its attendants, II he Is thus
unoccupied. II it can be sustained |
when applied to woman whose DE-
b.ucherv consists in the prostitution OF |
her person, it must be sustained wnen
applied to O woman whose dsbauchery
consists in her intemperance IN 1000
and drink; and even when applied TO
the repentant Magdalen, who has once
Welded to temptation and lost h:r
virtue. The Commissioner OF lmml-
grafton is not empowered to make any
distinction between parsons OF the same
class: and there is nothing on the face
Of tho Act which indicates that the
Legislature intended that any distinc-
ton should be made.
The Judge admits the clear right
of the State to exercise the police
power" of excluding from its domain
all foreigners who are paupers.
idiots, lunatics, and lepers and other
persons afflicted with infectious and
incurable diseases, adding, that "the
right of the State in this respect has
its foundation, as observed by Mr..
Jastice Grier in the Passenger cases,
in the sacred law Of self-defense,
which no power granted to Congress
can restrain or annui." I very great
" admire the spirit and letter of the
| Judges comments when he clearly
and vigorously holds forth as fol-
lows:
Where the evil apprehended by the
! State from the ingress OF foreigners
il that such foreigners will disregard the
! i.vs of the State, and thus be injurious
n us peace, the remedy lies III the more
VIGOROUS enforcement OF the laws. not
the exclusion OF the parties. Hamo hns
! is considered 10y most States to be lnJ",
risus to the morals OF their people, anu
is made public offense. 1t wonid
hardly be considered as n legitimate
exercise Of the police power OF the States
10 prevent a foreigner who had been "A
+, Gambler III his own country from land
ING in ours. If, after landing, he pur-
sues his former occupation, tine him,
and, if he persists in it, lmprison him.
and the evil viii be remedleG. lu some
States the manufacture ana sale OF
spirituous and Intoxicating liquors are
forbidden and punished as mlsdemea-
nor. II the Foreigner coming to our
shores is manufacturer OF dealer IN
snch liquors, it would DO deemed an
iIErit;mate exercise Of the police power
To exclude him on account Of his calling.
from the State. The remedy against
any apprehended manufacture ana SAFE
| would lie N such case in the enforce
men. O. the penal laws Of the State. so
| IL lewd women. or lewd men. even II the
latter be of that baser sort. who, "hen
Pan, pIeached at Thessalonica. set all
the CITY in an uproar, Acts XVII, verso
l5A land on our shores, the remedy
AGAINST anv subsequent lewd conduct on
their part must be found in good laws,
or good municipal regulations and
good vigorous police ;.
IN, aware of the very genera! feeling
prevailing in-this State against the CHI
nese. and IL opposition to he extension
of any encouragement to their lmml Sra-
t;on hither. 1t is felt that the dlsslmi-
lsrity in physical characteristics, in lam
puaee. in manners, religion and haolts,
will ALWAYS prevent any possible asslml-
lation of them with our people. Admit
ting that there is ground for this feeling
il does not Justify any legislation tor
their exclusion which might not be
adorted against the Inhabitants OF the
mos, favored nations of the Caucasian
-ace and of Christian faith. If their
further immigration is to be stopped, re-
course must be had to tue Federal Nov-
eminent. where the whole power over
this subject lies. The State cannot eS-
clude them arbitrarily. nor accomplish
the same end by attributing to them
possible violation Of its municipal laws.
+ i certainly desirable that ali lewdness,
asnscially when it takes tho form OF
PROSTITUTION, should be suppressed, and
that the most stringent measures 10 sc
compiish That end should be adopted.
But 7 have little respect tor that dlscrin-
mating virtue which IS shocked when q
frsiI child OF China is landed on our
shores, and vet allows the bedlzened AND
17a;utei harlot Of other countries 20 pa
1aGe our streets and open her heiI5 10
broad day withCu. lnoeatat.on AZ q WIFI
ouS ceIsure.
This, IN my way of thinking, Is
dealing with the subject with that
business and purely intellectual per
spicuity of observation, without
which no man, be lie Judge. leSlsla-
tor or press-writer can deal with tins
branch, or any branch Of the ques-
ton with any degree of fairness. L
will not attempt to quote further
from this highly interesting decision.
The law as set forth by Judge Field
leaves no doubt Of the lntirmlty OF
the act of the Legislature OF Cali
fornia by which it was attempted to
nullify the treaty with China and
exercise in behalf of the State such
powers as solely belong to the Federal
Government.
have quoted from this opinion,
| ~ ant nf Of llr n