The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-05-16
MONG0LIANS MUST GO
THREE JUSTICES DISSENT
Judge Gray Read the cpinion-
Judges Brewer. Field and Ful.
Ter Objsct-Ths News In
California.

Ter SoJoce-Th0 News In
California.
WASHINGTON, May iS.-Ths supreme
court to-day through Justice Gray sus.
tained tho decision Of the New York
courts favoeinG the constitutionality of
the Geary Chinese exclusion act. Tho
auuouncsment OF the decision In the case
was expected and attracted = large
atteutlAnce OF spectators aud attorneys,
including Attorney General Olney. Solici.
tor General Aklrlch, and Senators Pugh,
Do'ph and Cockrell.
Justice Gray, In announcing the judg.
ment OF the court, said that the power Of
this nation to restrict or to prohibit the
immigration Of aliens into this country,
or to require such slisns already In the
country to remove therefrom, 10 Q we'll
settled principle OF International law,
confirmed by an unbroken line Of dc.
cisions In this court. The legislative
power OF tho government has not tran
sccnded any OF it's constitutional
limitations In the act under consideration
1t was within it's power to Determine the
regulations under which these aliens shall
be permitted to remain In tho United
States. or, failing to observe these regula.
tions, they shall be required to leave tho
country. Tho provisions OF section Of
the act. which are part OF the law. ayo
particularly at issue. aud arc not incon.
sistent with the relations and duties Of
the Legislative and judicial dspar tmeuts
OF the government. Tho mode Of pro-
cedure under the section 10 similar to
other we'll established proceedings, such
ms habeas corpus and naturalization, fix.
ing the requirements OF citizenship and
the like, In which tho judicial branch of the
government has accepted the determina-
tion OF the executive upon the questions In.
volvcd.
As to tho requirement Of the Chinese
entitled to remain In this country, that
they should establish their right by the
evidence OF one creditat.e white witness.
Justice Gray said IL was In the power Of
the legislature to determine the character
OF evidence thc.s might be received In tho
case at ia'~. and what forco should be
given 20 tho testimony 90 offered. Not
isc.assing the wisdom OF Justice Of tho
,~ct in question, which was beyond tho
province of the judicial branch of tile
government, IL remains only TO say that
the judgment OF the circuit court of the
southern district Of New York In refusing
to grant writs Of habeas corpus to the Pc
titioners is affirmed. The Judge said that
the opinion in writing would be flied ms
soon as possible.
Al tho concl usion of Justice Cray's
opinion, Justice Brewer announced that
he was compelled to dissent from the view
Of the majority of the court and read his
views at some length, declaring, la sub
stance, that the act of 1892 was uncon.
stitutional and that IL upheld, there IL no
guarantee that similar treatment might
not be accorded other classes OF our
population.
Justice Field, who delivere tho opinion
of the supreme court In the first case
under the exclusion act, also read n dis
senting opinion. He held that wide diff
ference exists between the exclusion of
immigrants and the deportation of alien
residents and characterised the oct in tho
strongest language a. inhuman, brutal
and o violation Of the constitution in every
section. He regretted to say that the de-
cision OF tho court was,' to his mind,
fraught with gravest dangers to constitu-
tional liberty. Chief Justice Fuller also
dissentcd from the opinion Of the court.
In dissenting from the opinion the chief
justice denied the soundness OF the propo.
oitbOu tuot ttiC Cooeo Uctofo tuo cOutN Wer0
such as the political department Of tho
was, In his view. q judicial question, and
however reluctant the courts may be to
pass upon tho con stitutionality of legisIa.
tive acts, Il was the very essence of Judi.
cial duty TO do so. when the discharge of
that duty was properly imposed upon II.
He entertained no doubt that the proyis-
ions Of the fifth and fourteenth amend
ments W ere universal In their application
and. while the general government was in
vested, so far as foreign countries are
concerned. with all tho powers necessary
to the maintenance OF it's absolute intle-
pendence and security. II could not. in
virtue of the supposed inherent sovereign
ity. deal absolutely with persons lawfully
and peacefully within It's domain. Tho
act before the court was not an net to ab-
rogate or repeal the treaty nor to expcl
Cinnamon lawfully hero. and no such IN
tent could be imputed to congress. Its oh
ject was to prescribe q method OF registra-
,ion and deportation. The punishment
was. In his view, an unusual punishment
not authorized by the constitution.
After the court concluded the announce.
mcnt of opinions, Ashton. Of the counsel
for the Chinese. moved q rehearing and
an argument before tho full bench at the
next term. At present the court stands
five to three in support Of the law, Justice
Harlan being absent. The court took the
motion under advisement. the effect of
which 10 TO postpone proceedings under
the judgment announced to-day.
THEY DON'T LIKE 1T.
California; Chinsmen Were Disanuoir,ea
by the Decision.
SAN Francisco, May l5.-The news that
the United States supreme court had con-