The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-05-17

The Supreme Court Decides
That It Is Constitutional
and Valid.
Three Of the Eight Learned Judge. Hold
Opinions to the
Contrary.

''sf7hi-''''.>. " A'ius Ilt
court today. through Justice Gray. sus-
tanned the decision of the New York
courts in favorof the cconstitutionality Of
the Gcary Chinese exclusion act. The
announcement of the decision in the
case was expected and attracted a large
attendance of spectators. including Al
torneyt General DlneN. Solicitor General
Aldrich. Senators pugh. Dolph and 9th
ers Justice Gray. III announcing the
judgment Of the courts. said the power
pt this nation To restrict ur prohibit the
Immigration of Aliens into the country,
or require such aliens already III the
country To remove thcrcfrom. is well
settled principle of international law.
confirmed by an t,nbroken line Of dccis
ions in this court. The legislative power
of the government is not transcribed in
any of its constitutional limintations IN
the act under consideration. 1t is with
III It's power to determine the regulations
under which these aliens will be per
mittcd to remain in the United States.
or failing to observe these regulations.
be required 10 leay" the country.
The provisions of section six Of the
act. which are the part Of the law par
ticuarly at issue. are not inconsistent
with the relations and duties of the leg
isiative and judicial departments of the
government. The mode of procedure
under the section is similar to well es
tablished proceedings. such as the
habeas corpus. naturalization fixing the
requirements of citizenship. and the like
in which the judicial branch of the gov
ernment accept the determination of
the executive upon the questions in
yolved.
As to the requirements that Chinese
entitled To remain in this country should
establish the right by the evidence of
one credible white witness. the Justice
said it was within the power of the leg
islature to determine the character of
evidence that might be received in case
at law. and what force should be given
- ~ t'Ssiiii'is 81 oiI'iNti.
Justice Gray said the question pres
ented was the constitutionality and eff
feet of the sixth section of the act The
justice sketched the provisions of the
law rapidly and then proceeded to say
II was one OF the perfectly we'll settled
fundamental principles of the law of
nations that every Independent nation
had an inherent right to keep aliens out
al its territory and To order them to get
out OF its territory. that the power of
public welfare demanded. the power ex-
lists in time of war and equally So i'm
time of peace. and always has been rec-
ognizcd as belonging to independent
nations. The United States. and all of
the great powers. has .he power To make
war. To make peace. To pass acts Of nat
uralization, to pass all necessary and
proper laws to carry out the powers re
posed in congress.
On the political department of the
government devolved the care of inter
national relations. 1t has been settled
in two cases that the power of exclusion
may be vested in the executive Offices
and the aid of the judiciary might be
invoked. 1t was no new thing in pub
lie law for matters To be executive and
political in the first instance. and then
take such judicial force as the politica
department might direct The courts
have no authority To revise decisions or
action and effect in these cases. except
SO far as provisions has been made by
law.
Treaties with China provided origin
ally for very free intercourse. That was
in ls69. Then ii was found necessary
to have more power for the convenient
regulations Of this matter. and the sub
sequent treaties more distinct. recog
nized. as contemplated by the contract
ing parties. the power to regulate the
entrance of Chinese into this country.
II congress makes law inconsistent
with a treaty it may give foreign ma.
tion the right To complain and to take
such action AS il may deem best for its
own interest. but the duty of the courts
of the United States is clear. and must
recognize its force
Justice Gray here dwelt at length up
on the objection that had been made to
the aribitrar. power conferred upon ex-
ecntive officers in making deportations.
He said as far as investigation is made
it will be judicial investigation. The
law provided that Cinnamon shall be de
ported unless they shall clearly establish
certain facts To the satisfaction of the
Judge. The Legislature had the right to
prescribe what evidence shall beSde-