New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-16
PRICE THREE CENTS.
THE GEARY LAW UPHELD.
A MAJORITY OF THE SUPREME COURT
HOLDS 1T TO BE CONSTITUTIONAL
CHIEF JUSTICE FULLER AND JUSTICES BREWER
AND FIELD DIsSENT-JUsTICE GRAY
DELIVERS THE OPINION.

United States to-day affirmed the consutlonality os
the Ceary Chinese Exclusion and Registration act.
The opinion was announced By Justice Gray.
The fact that decision in the case was
expected attracted large attendance Of spectators,
and the further fact that II the last day
Ct the term accounted for the presence Of unusually
large array OF attorneys within the bar including
Attorney General Oney, SocitorGeneral Aldrch and
Senators Pugh, Dolph and Cockrel. ExJnstice
Strong and several members OF the Diplomatic Corps
interested spectators.
Justice Gray in announcing, the judgment OF the
said that the power Of this Nation TO restrict
or to prohibit the immigration OF any aliens into
the country to require such aliens already In the
country to therefrom a wellsetuet
principle OF International law and confirmed BY
an unbroken line OF decisions In this court. The
legislative power OF the Government had not trans.
cended any OF its constitutional limitations In the
under consideration. II was within Its power to
determine the regulations under which those aliens
should be permitted to remain In the United states
or failing to observe these regulations they should
be required TO leave the country The provisions
OF .V,tion Of the act, which are the part OF the
particularly at issue, not inconsistent with
the relations and duties Of the legislative and lu'
dcial departments OF the Government. Tile moos
OF procedure set forth in the section Is similar ID
that in other welestablished proceedings such as
the habeas corpus naturalization, liking the re"
qurements OF citizenship and the like, in which
the judicial branch Of the Government accepted
the determination OF the executive upon the ques-
lions involved
As to the requirements that the Chinese entitled
to remain In this country should establish that rghs
by the evidence OF one credible white witness, JUS
tice Gray said that 1t within the power OF the
legislature determine the character OF evidence
that might be received in at law and what
force should be given to the testimony so offered.
discussing the wisdom the justice OF the act
in question, which beyond the province Of the
I'm hrun of Tho Al
TO say that the judgment OF the Circuit Court for
the Southern District Of New-York In refusing 10
grant wrts Of habeas corpus to the several peti.
TONERS affirmed.
Justice Gray said that the question presented was
the constutionanty and effect of the sixth section
OF the act OF May 6, lo92, entitled An Act TO Pro-
hibt the Coming Of Chinese Persons into the United
States, After continuing in force the former excu-
sion laws and providing modes for trial. convcuonss
removals. ETC., of the Chinese persons not lawfully
entitled to be In the United states under these laws,
II proceeds to deal with the question OF Chinese
laborers within the United states. The Justice
sketched the provisions Of the law rapidly and then
proceeded to say that the principles OF public law in>
vOved had already been the subject OF two recent
decisions In the supreme Court OF the United Statess
It was perfectly well settled; 1t was one OF the
fundamental principles Of the law OF nations thae
every Independent nation had the Inherent right to
keep aliens out of its territory and to order them
TO get out of its territory. That power public
welfare demanded. That power exists In time Of
war; and equally so in time OF peace and has always
been recognized as belonging to independent nauona
The United staes-all the great Powers-have the
power to make war; to make peace, to pass acts o1
naturalization, pass all and proper laws
to carry out the powers reposed in Congress. On
the political department Of the Government devoved
the care Of international relations.
1t had been settled In two cases the power Of
exclusion nay be vested in executive officers. and the
fc.f No ,L.xI 4 xroS M
thing Inf public law for matters to be executive
and political in the first instance and then to take
judicial force the political department mighs
direct. The courts have no authority to revise the
decisions the action and effect In these cases ex'
cept far provision has been made by law. The
treaties with China provided originally for very free
intercolrse-tlat was in 1850. Then 1T was found
that It was necessary to have power for the
convenient regulation OF this matter and the subs
seqient treaties more distinctly recognized, con.
templated by the contracting parties, the power 70
regulate the entrance OF Chinese Into this country
II Congress makes a law inconsistent with a treaty
It may give a foreign nation the right to complain
and to take such action II may deem for Its own
interest but the duty OF the courts OF the United
states Is clear, and they must recognize its force
Justice GRAY here dealt at length upon the objection
that had been made To the arbitrary power conferred
upon executive officers in making deportatons. Hs
said that so as investigation Is made 1t will
that the Chnaman shall be deported unless he shall
clearly establish certain facts the satisfaction OF
the Judge The Legislature had right to prescnoe
what evidence shall be demanded before It's judicial
tribunals. 1t within It's power TO provide thae
those aliens who have been year within the Cnted
States without getting ont certificate should Do
dcported II had a right to define what witnesses
should be heard a right protect the courts against
the testimony OF persons who had no regard for the
sanctity OF oath.
The Justice said that he would not touch upon the
wisdom OF the policy, even the justice OF the act.
Those questions for the political, the executive
and legislative departments OF the Government, IL
the act were within their constitutional powers, and
II would be Ou OF place for the courts to Interfere
What Congress had done had not been TO provide Tor
any definition of crime In the act nor TO provide any
punishment 1t provides the persons in question
should be sent OF the country to the place whence
they came: Il provided, not for the adjudication Of
crime but simply for the removal OF persons whose
presence Congress considers inconsistent with the
pubc welfare 1t must be remembered that the Chinese
carnot be naturalized Doubtless they entitled to
the security and safeguard guaranteed by the Con-
stitu,ion and laws in such they provide,
Inn, ,hcre was nothing In the Constitution or laws
which impugned the power OF Congress TO compel
bem TO leave the country. Justice Gray added that
II had been impossible In the brief time eapsing since
the hearing OF the argument upon the petitions 10
prepare In writing the opinion OF the court, which
would be filed soon as possible.
At the close Of Justice Gray's opinion, Justice
rrewer announced that he felt compelled TO dissent
from the view of the majority OF the court. lie
read his views length. declaring I'm substance
that the act OF 1892 unconstitutional and that
II II were upheld there guarantee that similar
treatment might not BE- accorded other classes Of
our population than the Chinese.
Justice Field delivered the principal dissenting
opinion. Although the Court in private conference
voted to keep the opinions OF the judges secret un
they had been completed, Judge Field subsequently
said he conld reason why the opinion should
not BE- made public with the understanding That 10
would be- modified in several immaterial respects.
After full consultation and after quoting from tho
decision Of the Court previously rendered In the Ex-
clusion cases. he said:
had the honor to be the organ Of the Court in an
nouncing t,is opinion ami judgment 1 still adhere =
The view there expressed in all particulars, but between
legislation for the exclusion Of Chncethat s 10 preyenA
entering tho country-ard lcglslafian fo.s