Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-05-16
GEARY LAW TOSTAND
The Supreme Count Affifms Its
ConstItutionAlIty.
Chisf ynssice fulIes and Associate
g Jusshes Brewes ssd fbsld File
Ds,seasiss OpissonA

WssaIsGros. May 1.-THE supreme
court tday. through Justice Cray. sus-
tslnsd tho decision II the New York
courts in favor of the conssitutionaiity
OF the G~ary expuissca act Justice
Brewer dissented- Dissenting opinions
Ger. also filed by Chief Justice Fuller
AMI Justice fiel.i
The announcement that decision In
the case wss expected attracted q large
atten1ianeo ~ spectators. and the fact
that 10 sas the lsst day "a the term
accounted Zoe III. presence % an un.
usually laTg. array II attorneys within
the bar. Including Attorney General
Oiaey. Solicitor General Aldrich. sen
ators Pugh. n,iph and Cockrell. Ex-
Justice trong ani -eseEa! members IL
of thr dip,ou!atIc corps wefc iEte.cated
spectators.
Ju-tice Gray's OPINION.
Justlc. GRAY -aid In announcing the
Judgment - the court that IA. power n
tsi- nation % restrict or prohibit the
Immigration ot any aliens into th., coun-
try or - require such aliens already ia
the cuuntry - remove hercfron. was a
Rel settled principle - international
law ana Ss- confirmed by an unhrc ken
line = decision- IN TINS court The leg
isiatiye power u the government had
nj transcended any 81 IT, constitutional
hvtitafions IN the a., unsier consisiera-
t!ln- IL vas within its power to deter.
mine the regulations under which thes,
shens should be permitted 10 remain in
the Uated States. or falling o. otserve
-. A L
Guiresl o. leave the country The pro.
visions - section q 20 the act. which are
The parts of the law particularly at is
sue. are not inconsistent with the ~
lations and duties n the legislative and
judicial departments % the government.
Can Ds.sevmins- Evtdencr.
The mode % procedure set forth in
the section - similar to that in other
well established proceedings. such IA the
hab.a- corpus and naturalization. fixing
the requirements II citizenship and the
Ike. IN which the judicial branch 10 the
government accepted the determination
of th~ executive upon the questions in
yolved
is to the requirements that the Chi
nes- entitled 10 rcmainsin this country
should establish that right by the evi-
dsace % one crrsiitabie white witness.
Justice Gray said that 10 was within
the power 81 the legislature to deter.
mine the character % evidence that
might D. received an a case at law and
what Force should be- given 20 the testi
mony >o offered.
a Rchcartng Denied
Not discussing 'he wisdom nor the
justice - the act in question. which was
beyond the provinc. - the judicial
branch - the government. 10 remained
Only % SAY that the judgment ~ tn.
circuit court FOR the southern district ~
New York in refusing to grant writs %
hab~as corpus % the several petitioners
y a. affirmed
lue'icr Gray stated that 10 had been
irlro-sible IN tho brief time elapjpg
sinc~ The hearing 20 the argument upon
'he petitions - prepare m waiting the
opinlon q the court. Il would t'e fled a.
=.pon "a % vas possible
After the court bad concluded the an
nouncemcnt p the opinions j Hubley
N-hs Pm. ~ counsel for the Chimes.
movtd 'or rehearing - the case and an
Argument before full bench at the newt
term. The court took a shor, rece@- o.
rsnsider the motion and. nf3n rrs-
s'nilling refused o. grant ~ NJ the
Optrt,u stands "A announced