The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1893-05-20
TELEGRAPHIO NEWS.
The Chinese saast Go.

The Chinese Hast Go.
WASHINGTON May 15-The supreme
court today, through Justice Gray, sus
tanned the decision os the New York
courts in favor of the constltutionality
of the Geary Chinese exclusion act; JUS
tice Brewer dissented.
The announcement that decision in
the case was expected attracted large
attendance of spectators and attorneys,
including Attorney General Olney. Sol
lcitor General AIdrich, Senators Pugb,
Dolph and Cochran. Justice Geary in
announcing the judgment of the court,
said that the power of this nation to res
trct or prohibit the immigration of
aliens into the country, OF TO require such
aliens already IN the country to remove
therefrom, was a well settled principle
of international law, confirmed by AN
unbroken line of decisions in this court.
The legislative power of the government
had not transcribed any OF its constitu-
tional limitations in the act under con-
sideration. 1t was within its power to
determine the regulations undrr which
these aliens should be permitted to re-.
main IN the United States, or. failing to
observe these regulations, be required to
leave the country. The provisions of
section of the act, which are a part of
the law particularly at issue, are not in
consistent with the relations and duties
of the legislative and judicial departments
of the government. Mere procedure
under the section is similar to wel-es-
tablished proceedings, such as habeas
corpus and naturalization, fixing the
requirements of citizenship and the like
in which the judicial branch of the gov
ernment may accept the determination
of the executive upon the questions in
volved. AS to the requirements of Chi
nese entitled to remain In this country
should they establish the right by the
evidence of one reliable white witness,
the justice said. it was within the power
of the legislature to determine the char
acter of the evidence that might be re-
celved in the case at law, and what force
should be given to the testimony SO of.
tered. They were not discussing the
wisdom or Justice of the act In question,
which was beyond the province of the
ludIcial branch of the government. II
remains only to say that the judgment
of the circuit court of the southern dis
trict of New York in refusing to grant
wrIts OF habeas corpus to petitioners IS
affirmed The Judge said an opinion in
writing would be filed as soon as pos
sible.
JUSTICE BREWER DIssENTs.
At the conclusion of Justice Gray's
opinion. Justice Brewer announced that
view of the majority of the court He
read his views at some length. declaring
in substance that The act of 1892 w4s uu.-
constitutional; that If upheld there is no
guarantee thai similar treatment might
not be accorded other classes of our pop
uIation.
Justice Field, who delivered the opln
ion of the supreme court in the first case
under the exclusion act, also read a dis
senting opinion. He held there was
wide difference between the exclusion of
immigrants and the deportations of alien
residents, and characterized the act ID
the strongest language as inhuman,
brutal and violation of the constitu
tion in every section. He regretted to
say the decision of the court, to his mind,
was fraught with the gravest dangers TO
constitutional liberty.
Chief Justice Fuller also dissented
from the opinion of the court.
After the court concluded the an
nouncement OF the opinions, Ashton. OF
counsel for the Chinese. moved rehear
ing and an argument before the full
bench at the next term At present the
court stands to 8 in support of the law,
Justice Harlan being absent The court
took the motion under sdyisement, the |
effect of which is to postpone proceedings |
under the judgment announced today.