Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-05-13
CHINESE DEPORTATION.
Joseph II. Choate Argues the Test Case,
Before the supreme COurt-The Govern
uent's Arguments


Before the supreme Court-The Govern
ments Argument
| WASHINGTON, May lin the special
session of the supreme court of the
United States to-day the arguments up
on the constitutionality of the Geary
Chinese exclusion act upon appeal from
the United States circuit court for the
southern district of New York, at
tracted crowd which more than filled
the room. Many of them were noted
men.
The argument was opened by Joseph
II. Choate. of New York, for the petit
TONERS, Fong Yue Ling, Wong Guam
and Lee Joe. lie said he believed it
was not permissible for counsel to seek
to impress upon this court the impor-
lance and magnitude of the questions
involved in cases submitted for its
adjudication. Nevertheless, he would
so far transgress the rule, as
to state broadly two questions Mt issue
first, should 100000 of unoffending
and helpless residents of this country
under the authority of IN act of con-
gress, without review by its courts,
be transported to the seashore and
thence deported to China; and second,
in case the emperor of China should
tomorrow feel inclined to follow the
example of this great and enlightened
country and expel from his domain the
Americans residing therein, should the
voice of this people, either through its
government, its press or by individuals,
be prevented from uttering single
protest?
Mr.. Choate submitted that the eXclu-
sion act deprived his clients of their
liberty without due process of law, in
direct violation of the fifth amendment
to the constitution, to the protection of
which they were unquestionably en-
titled; and, further, that by the sixth
section of the act, appellants were de-
prived of their property without due
process of law, and it was therefore I'M
constitutional. Other points made by
Mr.. Choate in opposition to the validity
of the law were:
The third article of the constitution
is clearly viola ted in three respects by
the sixth section of the act-first, in
that it attempts to vest executive
power in United States judge, where
as judicial power is to be vested only
in the courts of the United States; sec
ond. so far as it confers judicial power
it attempts to confer it upon an indi-
vidual Judge of no particular court and
not in any court. and also in a col
lector, an executive officer: and, third,
because the third article provides
that the judicial power shall extend
only to leases" and what is to be
brought by the act before United
States Judge is not n ease" The sec
ton of the act under discussion Is in
effect bill of attainder, and is uncon-
stitutional as a violation of subdivision
3, section 0, article of the constitution;
and, finally, that the power, sometimes
called police regulation, does not re-
side in congress.
Solicitor-General Aldrich argued in
favor of the constitutionality of the
Geary law, which, he said, had not for
its purpose the deportation of Chinese
laborers, as counsel for the petitioners
enormously assumed, but to provide
system of Identification and registration
for such as were. This is a lawful pur-
pose, whether applied to citizens or
aliens-in fact, the right of the govern
ment to require an identification and
registration of its citizens, of their pos
sessions and their resources, and the
location of all these, has never been
seriously disputed. The means by
which the identification is obtained,
the solicitor-general contended, were
lawful, and the act reasonable and
humane in its provisions
Solicitor-General Aldrich, for the
United States, maintained ~ the right
of congress to require aliens or citizens
to register, or obtain certificates of
Identification; (a) the power of congress
to authorize Judge, without the inter
vention of jury, to sentence to depor-
tation person who has not procured
and is not in possession of the pre-
scribcd certificates; (3) that a nation
has u right, according to interna-
tional law, to prescribe the terms
upon which the citizens or subjects
of other nations shall be admitted to
its territory; to forbid such admission,
or having admitted such citizens and |
subjects, to regulate and limit their
residence therein, and whenever it |
chooses to do so suspend such residence
altogether and require that they shall |
depart its territory; (4) that the United |
States is nation possessing like pow
ers with other nations to exercise the
ordinary and necessary means of self
preservation. From this it follows
that there is police power.