The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-05-19
DIVIDED ON JOHN.
Even the United States Supreme Court
Splits on the Chinese En-
clusiOn Act.
IL Looks as if Maudlin Sentiment
May Get the Better OF
Sense.

WASHINGTON, May l5.-The supreme
court of the United States today affirmed
the constitutionality of the Geary
Chinese exclusion and registration act.
The opinion was announced by Justice
Gray, Justice Brewer dissenting JUS
tice Gray in announcing the Judgment
of the court said, that the power of this
nation to restrict or prohibit immigra
tion Of aliens from any nation into the
country or to require such aliens already
in the country TO remove therefrom, was
we'll settled principle of international
law and was confirmed by an unbroken
line of decisions in this court.
The legislative power of the govern
ment had not transcribed anyof its con-
stitutional limitations in the act under
consideration. 1t was within its power
to determine the regulations under
which these aliens should be permitted
to remain in the United States, or failing
to observe these regulations they should
be required to leave the country.
llc DIONlSlOuS VI ScCllOi - VI az u
which are the part of the law particular
at issue, were not inconsistent with the
relations and duties of the registrative
and Judicial departments of the govern
ment. The mode of procedure set forth
in the section is similar to that in other
we'll established proceedings. such as ha-
beas corpus and naturalization. fixing
the requirements of citizenship and the
like, in which the judicial branch of the
government accepted the determination
Of the executive upon the questions in
Tolved.
As to the requirements that Chinese
entitled to remain in this country should
establish that right by the evidence Of
one creditabe white witness, Justice
Gray said that it was within the power
Of the Legislature to determine the char
acter of the evidence that might be re-
ceived in case at law, and what force
should be given to testimony so offered.
Not discussing The wisdom or Justice of
the act in question, which was beyond
the province of tho judicial branch of
the government, it remained only to say
that the judgment Of the circuit court
for the southern district of New York, in
refusing to grant writs of habeas corpus
to several petitioners was affirmed, Jus
tice Gray stated that it had been impos-
sibe in the brief time eapsing since the
hearing of the arguments upon the pc
titions to prepare in writing the opinion
Of the court. Ii would be filed as soon
as possible.
At the conclusion of Justice Gray'e
opinion Justice Brewer announced that
he felt compelled to dissent from the
view of the majority of the court. He
read his views at some length declaring
in substance that the act of 1892 was un.
constitutional, and that if it was upheld
there was no guarantee that similar
treatment might not be accorded tC
other cases of our population. Jus.
tice Field, who delivered the opinion OF
the supreme court of the United States
in the first case under the exclusion
act, also read a dissenting opinion. He
beld that there was wide difference
between the exclusion of immigrants
and the deportation of alien residents
and he characterized the act in the
strongest language as inhuman and
brutal and as violation of the constitu-
ton in every section. He regretted to
say that the decision of the court was to
his mind fraught with the gravest danger
to the priceless constitutional liberties
OF the people.
Chief Justice Fuller also dissented
from the opinion of the court. After the
court had concluded the announcement
of its opinion, j. II. Ashton of counsel
for the Chinese, moved for a rehearing
of the case, and argument before full
bench at the next term. At present the
court stands ) to 3 in favor of the law
Justice Harlan being absent. The court
took the motion under advisement, the
effect of which is to postpone until the
motion is acted upon any proceeding
under this judgment.