The herald., 1893-05-16
THE CELESTIALS MUST CO
1t Is So Decreed by the Su,
preme Court.
The Geary Act Declared to Be
Constitutional.
Five Members of the Cort Uphold the
Validity Of the Law.
Chief Justice Fuller and Justices FIELD
and Brewer Observation-Disclosures
Caused by the Announce
mont of the Opinion.

WASHINGTON, May 15.-The Hupren6e
court today, through Justice Gray, Hus-
tanned the decision OF the New York
courts in favor of the constitutionality
of the Geary Chinese exclusion act.
Justices Brewer, Field and Chief jus
tice Fuller dissented.
The announcement that decision in
the case was expected attracted large
attendance of spectators and ATTORNEYS.
including Attorney General Olnsy. Solic-
itor-General Aldrich, Senators Pugh,
Dolph and others.
JUSTICE GRAY DELIVERS THE OPINION.
Justice Gray, in announcing the judg-
ment of the court. said the power OF this
nation to restrict or prevent the immi-
grafton OF aliens into the country, or re-
quire such aliens already in the country
to remove therefrom. is we'll settled
principle Of international law, confirmed
In an unbroken line of decisions in this
court. The legislative power OF the gov
ernment was not transcendent of any
constitutional limitations in the
act under consideration. 1t was
within its power to determine the
regulations under which these aliens
shall be permitted to remain in the
United States, or, failing to observe
these regulations, be required to leave
the country.
The provisions of section six of the
act, which are part of the law particu-
larly at issue, are not inconsistent with
the relations and duties of the legisla-
tive and judicial departments of the
government. The mode OF procedure
under the section is similar to other
well established proceedings, such as
habeaH corpus, naturalization, fixing re-
quirements of citizenship, and the like,
in which the judicial branch has ac-
cepted the determination of the execu-
awe upon the questions involved.
AS to the requirement. that Chinese
entitled to remain in this country should
establish their right by the evidence OF
one credible white witness, Justice
Gray said it was within the power of
the Legislature to determine the charac-
ter of the evidence that might be re-
ceived in case at law. and what force
should be given to the testimony Of
fered.
Not discussing the wisdom or Justice
of the act in question, which was be-
yond the province OF the judicial branch
OF the government, it remained only to
say that the judgment OF the circuit
court OF the southern district of New
York, in refusing to grant writs of habeas
corpus to the petitioners was affirmed.
THE QUESTION PRESENTED.
Justice Gray said the question pre-
Hented was the constitutionality and ef-
feet of the sixth section of the act enti-
tied An Act to Prohibit the Coming of
Chinese Persons Into the United States.
The justice sketched the provisions al
the law rapidly, and then proceeded 10
say it was perfectly we'll settled that il
was one of the fundamental principles OF
the law of nations that every indepena-
ent 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
nations. The United States, like ALTO
the great powers, has the power to make
war, to make peace, to pass an act of
naturalization, to pass all necessary and
proper laws, to carry out the powers
reposed in congress. On the political
department of the government devolved
the care OF international Telations. IL
had been settled in two cases that
the power of exc nsion may be vested in
the executive officer, and the aid of the
Judiciary might be invoked. 1t was no
new thing in public law for matters to
be executive and political in the fret
instance, and then take judicial force. -
the political department might direct.
The courts have no authority to reviss
the decisions or action and their effect
in these cases, except so far as provision
bad been made by law. The treaty with
China provided originally for very free
intercourse; that was in 1859 Then ii
was found it was necessary to have more
power for the convenient regulation of
this matter and subsequent treaties
more distinctly recognized, as contem-
plated by the contracting parties, the
power to regulate the entrance Of Chi
nese into this country. II congress
makes law inconsistent with q treaty,
it may give foreign nation the right to
complain and to take such action as it
may deem best for its own interest, but
the duty OF the courts of the United
States is clear and they muet recognise
its force.
GRAVE OBJECTION ANSWERED..
Justice Gray here dwelt at length
upon the objection that had been made
to the arbitrary power conferred upon
the executive officers in making depor-
tation. He said as far as an inyestiga-
tion is made it will be a judicial iavesti-
CATION. The law provides that China
man shall be deported unless he shall
clearly establish certain facts to the sat-
Isfaction OF the judge. The legislature
had the right to prescribe what evidence
shall be demanded before its judicial
tribunals. 1t was within its power to
provide that those aliens who have been
= year within the United States without
getting out q certificate should be de-
ported. It had the right to define what
witnesses should he heardj the right
to protect the courts against testimony
rom peraone who had no regard fer the