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

niauIled before It's judicial tribunals. II
| Was within its power to provide that
| those aliens who have beena year within
| the United States without getting out
certificate should be dcported. 1t had
the right to define what witnesses should
be heard: the right to protect the courts
| against testlmoney from persons who
| had no regard for the sanctty Of an
! oath. He would not touch upon the
wisdom of the policy. even the justice Of
the act. Those questions were for the
political. the legislature and executive
departments of the government. if the
act were within their constitutional
powers. and it would be out of place for
| the court to interfere. What congress
| had done had not been to provide for any
| definition Of crime in the act nor to pro
vide any punishment. 1t provided that
the persons in question should be sent
out Of the country to the place whence
they came: il provided not fnr the adiu.
| cation Of crime but simply for the re
moEal Of persons whose presence con
gress considers inconsistent with public
welfare
Ii must hc remembered that Chinese
cannot toe naturalzed. Doubtless they
| are entitled 10 the safeguard guaranteed
| 10y the constitution and laws IN such
/ measure as they provide. but there was
| nothing in the constitution or laws
which impugned the power of congress
| to compel them tn leave the country
AT the conclusion of Justice Gray's
| opinion. Justice Brewer announced that
he was compelled to dissent from the
| view Of the ma jority of the court. and
read his views at some length. declaring
| in substance that the act of 1891 is un-
constitutional: that if upheld there is no
| guarantee that similar treatment might
| not be accorded other classes of our pop
| ulation. Justice Field. who delivered
the opinion Of the supreme court in the
| first ease under the exclusion act. also
| read dissenting opinion. He held that
there Is vide difference between the ex-
ciusinn of immigrants and the deporta
zion uf alien residents and characterized
the act in the strongest language as in
human. brutal and a violation of the con
stitution in every section. He regretted
| Ia say the decision of the court. to his
| mind is fraught with the gravest danger
to constitutional liberty.
In ii dissenting opinion the chief JUS
tice denied the soundness of the propo-
sition that the cases before the court
We're such as the political department of
| the government alone could deal with
1t was in his view. "A judicial question
and however reluctant the courts may
be to pass upon the constitutonality of
Legislative acts. it was the very essence
of judicial duty to do so when the dis.
charge of that duty was properly i'm
posed upon it. lie entertained no doubt
that the provisions of the fifth and four
teenth amendments were universal in
their application. and while the general
government Was invested. as far as for
! eign countries are concerned. with all
powers necessary to the maintainance
| of its absolute Independence and securi
tv. it could not. in virture of supposed
inherent sovereignty. absolutely deal
with persons lawfully and peacefully
within its domains.
The act before the court was not an
| act to abrogate or repeal "a treaty. nor to
expel Cinnamon lawfully here. and no
such intent could be imputed to con-
gress. Its osject was to prescribe the
method Of registration and deportation.
in his view an unusual punishment. not
authorized b. the constitution.
After the court concluded the an
nouncement of opinion Ashton. of coun
sci for the Chinese. moved a rehearing
and argument before the full bench at
the next term. At present the court
stands five to three in support of the law.
i Justice Harlan being absent. Thecourt
/, took the motion under advsement. the
effect of which is TO postpone proceed
ing under the judgment announced to-
| day.