The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-05-16

Geary Chinese exclusion and registra-
ton act The opinion was announced
by Justice Gray, Justice Brewer dis
seuting. The announcement that do
cisIon in the case was expected at
tracted large attendance, and the fact
that it was the last day Of the term ac-
counted for tho presence OF IN unusu-
ally large array OF attorneys within the
bar, including Attorney General olney,
Solicitor General Aldrich, Senators
Pugh, Dolph and Cockrell.
Ex.Justico Strong and several men,
bers OF tho diplomatic corps were inter-
ested spectators. Justice Gray, in
announcing the judgment OF the court,
said that the power Of this government
to restrict or prohibit the immigration
OF any aliens into the country, or TO re-
quire such aliens already in the country
to remove thereirom, was well settled
principle OF international law, and was
confirmed BY an unbroken line OF deci-
sions in this court The legislative
power OF thegovernment had not trans
Cended any OF its constitutional limit
ations 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 falling to observe
these regulations, they should be re-
CURED to leave the country, Tho pro-
visions Of section OF the act which are
the part OF the law at issue we're not
inconsistent with tho relations Of the
duties OF legislative and judicial depart
ments OF tho government. The modeof
procedure set forth in the section is
similar to that in other we'll established
proceedings, such Us tho habeas corpus
and naturalization, fixing the require
ments OF citizenship.
As to the requirement that Chinese
entitled to remain in this country should
establish that right by the evidence Of
credible white witnesses, Justice Gray
said it was within the power OF the leg
islature to determine the character OF
evidence that might be received in a
case at law, and what force should be
given to the testimony 80 offered. Not
discussing the wisdom or the Justice Of
the act, which was beyond the province
Of tho judicial branch of the govern
ment, it remained only to say that tho
judgment Of the circuit court Of New
York in refusing to grant writs Of
habeas court to the several petitioners
was affirmed.
Mr.. Justice Gray stated that It had
been impossible in the brief time elaps-
ingsince the hearing Of the argument
upon the petitions to prepare In writ
Ing the opinion Of the court 1t would
be fled us soon as 1t was possible.
DISSENTING OPINIONS
At the conclusion OF Justice Gray's
opinion, Justice Brewer announced
that hc felt compelled to dissent from
the view of the majority OF the court.
He read mis- views at some length, de-
claring in substance that the act OF 1902
was unconstitutional and that il 1t were
upheld there was no guarantee that
similar treatment might not be accord
ed to other Classea OF our population
than Chinese.
Justice Field, who delivered the opin-
ion OF the supreme court OF tho United
States in tho first case under tho eXclu-
sion act, also read dissenting opinion.
He held that there was wide differ.
ence between exclusion OF immigrants
and tho deportation Of alion residents,
and he characterized the act in tho
strongest Language as inhuman and bru-
tai aud as violative Of the constitution
in every section. He regretted to say
the decision OF tho court was to his
mind fraught with the gravest dangers
to the priceless constitutional liberties
OF tho people.
Chiet Justice Fuller also dissentod
from the decision OF the court
After the court had concluded tho ans
nouncement Of opinions, Mr.. Hubley
Ashton, Of counsel for the Chinese,
moved for roheOrlng Of the case and
argument before full bench at the
next term.
Mpresent tho court stands five to
three in support Of the law, Justice
Harlan being absent. Tho court took
tho motion under advisement, tho effect
oi which is to postpone until tho motion
10 acted upon any proceeding undor tho
Judgment Of court announced to-day.
THE HAT TRIMMINGS CASE,
Tho supreme court Of the United
States to-day affirmed It's previous ru-
ing as laid down In tho Langofold case,
or what Is popularly known US "the hat
trimmings case"
These came on appeal from tho judg.
mOMiW Hf NIn NtHat,tN
United statoa, two from tho eastern
district Of Pennsylvania and ono
from the northern district Of
Illinois, tho controversy In cNch
case being between tho collector OF tho
port and the importers AZ to tho rating
70 DO mado upon material used for hat
trimmings, Mr.. Justice Shiras announ-
cod the opinion Hnd judgment Of tho
court, which no stated that In tho
Fcnnsylvania cNsos, whore tho judg.
mont Of the circuit court was In laVor
o. the contention Of tho importers that
the goods In question were liable to
uuly rs hat trimmings, and not as silk
OF manufactures OF silk, tho ruling was
IN accordance with the judgment OF tho
supreme court In tho former cases ad.
juduatcd.
TN this" said Justice shiras, tive
ilnd there was no error, and therefore
tho judgment Of tho Circuit court In
These two uasos will stand affirmed. II
follows from this, ho said, TINT In tho
cNsu appealed from tho northern dis.
tflct OF Illinois, wherein tho Judgment
~ mo court was In favor Of tho ContOn.
uol oil tho collector aud tho goods wore
declared TO be dulinblu as silk or inanu.
laclurns. Of silk, that Judgment must bo
reversed, and II 10 10 ordered" IL ls
estimated at the treasury department.