The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-06-05

WASHINGTON, D, G., June 4,-The do.
cision OF the supreme court upon the
Chinese exclusion act, recently delivered,
may possibly have a much wider scope
and affect q greater variety OF persons
than was probably forseon by the asso.
ciate justices who joined with MIR, Gray
in declaring it to be the law Of the land.
The volume Of "Foreign Relations" for
1892, just published by the
state department, contains case
in point, wherein the arguments
used by foreign government to JUS
tify or explain its decree Of expulsion
OF a citizen Of the United States, 1t is
pointed out by those who are familiar
with tho subject, are in suggestive par
allel with those outlined by Justice
Gray in announcing the opinion OF
judgment OF the supreme court OF
the United States on tho 18th OF last
month, The circumstances OF the case
as ahown by the published correspond
ence were these: Leon Spitzer, born at
Vienna, Austria, January, 1867, emf
grated to the United States February,
1882, was naturalized in New York Jan.
uary, 1889, and returned to Europe
November, 1880, and to Vienna July,
1900.
In an affidavit Mr.. Splitter declared
that his residence was in New York
where he was "a manufacturer" aud
that no intended ito return to the
United States within two years with
the purpose OF residing and performing
the duties OF citizenship therein" In
March, 1892, Splitter was notified by the
authorities OF Vienna that he had been
expelled from Austria under law
OF 1881. lie appealed to Mr.. Grant,
who brought the case to the attention
OF Count KaInoky, minister foreign
affairs, protesting that this treatment
was in violation Of the treaty Of 1870 be-
tween Austria-Hungary and the United
States, guaranteeing certain rights and
the protection thereof to tho citizens of
tho respective countries,
Replying to Minister Grants COM
plant on behalf OF Splitter, Count Vol"
serscheim, for the ministry OF foreign
affairs, said thu. Spitzer's emigrating to
the United States was mnniIestly for
the purpose OF evading the military duty
which the Austrian government exacts
OF its citizens that the expulsion OF such
individuals is based upon consideration
Of public order; and "that every state
has a right to expell foreigners from its
territory for reasons as above stated |;
and that the question whether and
when reasons for such expulsion exist
can be judged only by an international
point OF viOw."
This sentiment accords with the
views expressed by Mr.. Justice Gray,
and the language is quite similar.
Minister Grant informed Count Kalno-
ky that the United States could not ac-
cept this Interpretation. Secretary
Foster in dispatch dated July 23, 1892,
said, after stating that the United
States would entertain proposition
for modification Of the trenty in ques-
tion
'tBut 80 long as tho treaty remains in
force the United States will insist upon
strict compliance with its torms, and
after careful examination Of the cGse
is reluctantly obliged to dissent from
the views expressed by the Austrian
Hungarian government" AsSpitzer was
expelled on the vague grounds OF
the interests of public order, and as no
valid and explicit reasons in support Of
the order are alleged, your action in
making u formal protest is approved by
the department" This ended the cor.
respondenco 30 far as this republic, and
as Spitzer's departure for the United
States was intimatod in Minister Grants
letter it probably closed the
incident in Wow OF tho ap.
parent inconsistency between the
views of the executive aud judicial
branches Of tho government us dis.
closed by this correspondence and the
decision Of the Geary law, tho attitude
of tho government upon the noxt case
OF alleged violation Of the treaty right
by a European government will bc
watched with interest.