The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-11
The Habeas Corpus Case Before
the Supreme Court.
EXHAUSTIVE ARGUMENTS.
Joseph Choate Calls Attention to the
Magnitude of the Case.
Congress Has No Power to ExpeI Friendly
Aliens-Solicitor General Aldrich Ar
CUES in Favor of the Constitu-
tionality of the Law.


United States circuit court for the south
ern district of New York, attracted an
attendance that more than exhausted the
limited Accommodations of the courtroom.
The visitors included many prominent
members of the bar and large number OF
ladies.
The argument was opened by Joseph FL.
Choate of New York for the petitioners for
a writ of habeas corpus for Fong Yue
Ling, Won Chan and Lee Joe. Mr.. Choate
said he believed that it was rot permissa-
BILE cor counsel TO seek to impress upon
this court the importance and magnitude
OF the questions involved in the cases sub
mitted for their adjudication. Neverthe-
less, he said, he would so far transgress
the rule as to state broadly the two ques-
tions at issue. They were, first. shall
thousands OF unoffending, helpless resi-
dents of this country. under the authority
of an act of Congress, without review by
its courts, be transported to the seashore
and thence deported to their native coun-
try?
And second, in case the emperor of
China shall tomorrow feel inclined to fol-
low the example of this great, enlightened
country and expel from his domain the
Americans residing therein, shall the
voice of this people, either through the
government, its press, or by individuals,
be prevented from uttering a single pro-
test. 1t appeared from this that The Lee
Jos case presented in addition to ques-
tions involved in others, the constitu-
tionality of the provision Of the exclusion
act requiring Chinese to present white
witnesses in support of their right to re-
ceive a certificate. After resume Of the
rTrI1 hi 81
in relation to the United States and China
Mr.. Choate said:
The act of May 5, 1892, was passed in
accordance with desire TO keep out more
Chinese from the country. The sixth
section was wholly distinct from and IN
ike the other sections. The first five sec
lions follow the provisions of the treaty
OF 1880. In the provisions OF the Burlln-
game treaty it was decided when in the
opinion OF the United States government
it became evident that importation of
Chinese threatened the welfare OF the
country, the Chinese government agreed
that thise country might regulate
the coming of such Chinese, but
may not absolutely prohibit it.
May il please your honors, there has
already been enacted a law providing for
the expulsion of persons not lawfully en-
titled to remain in the United States. 1t
is hard to reconcile the title with the con-
Btruction put upon section which takes
away right already conferred to remain
in this country. The lower court recog-
nizes the right of these people whom |
represent TO remain in the United States
and then takes it away from them.
Is it the intention of the United States
to revoke the treaty already made with a
friendly nation and thus deprive thou
sands of people of residence whom it has
already decided as having a right to re-
main here. The Chinese have right to
remain here as long as they comply with
the provisions of this act. One other rea-
son why the retention of the Chinese TO
China should not be imputed to the
trainers OF the act is because Congress has
no power in time of peace TO eXpel all or
any friendly aliens who come here upon
invitation aud have taken up their resi-
dence. Mr.. Cnoate submitted that the
exclusion act deprived his clients of their
liberty and that the law was in direct yio-
lation Of the fifth amendment TO the con-
stitution, to the protection of which they
were unquestlonably entitled, and further
by the sixth section OF the act, appel
lants were deprived OF their property with
out due process of the law, and therefore
unconstitutional.
The points made by Mr.. Choate in OPP
position to the validity of the law were:
The third article of the constitution
was clearly violated in three respects by
the sixth section of the act:
First-In that il amounts TO vesting ex-
elusive power in "a United States iudge'
who has judicial power vested only In the
courts of the United States.
Second-So far as it confers judicial
power it attempts TO confer it upon an in
dividual Judge and no particular court
and not in any court and also IN col
lector and executive officer.
Third-Because the third article pro-
vides that judicial power shall extend to
cases and what are to be brought by the
act before the United States judge is not
ga case
The section of the act under discussion
is in effect bill of attainder and uncon-
Etitutional as violation of the subdivi-
sion of the three, section nine, article
OF the constitution and finally that power
sometimes called police regulations does
not reside in Congress.
Solicitor General Aldrich argued in
favor of the constitutionality of the Geary
law which he said was not for the pur
pose of deportation OF Chinese laborers
as counsel for the petitioners enormously
claimed, but to provide a system of
identification and registration for such as
were here. This is lawful purpose,
whether applied to citizens or aliens in
the face OF the right of government to re-
uuire Identification and registration OF its
citizens. Their possessions and resources
and locations were never seriously
deputed. The means by which identified
ton was attained the solicitor general
contended, was lawful and reasonable and
humane in its provisions.
He maintained the right OF Congress to
REQUIRE aliens or citizens to register or OBJ
tain certificates of Identification. The
power of Congress TO authorize q Judge
without the Intervention of a jury to SEN
tence to expectation any person who had
not procured and was not in possession of
q prescribed certificate; that the nation
has a right according to international law,
to prescribe terms upon which citizens or
subjects OF other nations shall be admit
ted TO its territory or forbid such admis- |
sion; or having admitted such citizens and |
subjects to regulate and limit their resi- |
dence therein, and whenever it chooses |
TO do so, suspend such residence alto |
gether and require thst they shall depart |
its territory; that the United States is a |
nation possessing like powers with other |
nations in the exercise of ordinary and |
necessary means OF self-preservatlon. |
From this it follows that there is police |
power of the United States which extends |
10 and embraces all subjects confined to |
general government, and against the ex-
ercise Of which a Chinese alien resident, |
therefore, is not entitled to invoke the |
guarantees OF the constitution OF the |
United States designed Tor the protection |
OF its citizens and citizens of the several |
states.
In conclusion, the solicitor general