Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1893-05-17
GEARY LAW VALID.
The United States Supreme Court SuStanS
the Newly Enacted Exclusion Law.

WASHINGTON, D. c., May 15.-The SUI
preme court to-day, through Justice
Gray, sustained the decision of the
New York courts in favor of the consti-
nationality of the Geary exclusion act.
Justice Brewer dissented
The announcement that decision in
the case was expected attracted large
attendance of spectators and the
fact that it was the last day of the
term accounted for the presence of
an unusually large array of attorneys
within the bar, including Attorney
General Olney, Solicitor General Aid
rich, Senators Pugh, DoIph and Cock
rel. Ex-Justice Strong and several
members of the diplomatic corps were
interested spectators.
justice Gray IN announcing the ludg
ment Of the court said that the power
OF this nation to restrict or prohibit the
immigration of any aliens into the coun-
try or to require such aliens already in
the country to remove therefrOm, was
well-settled principle of international
law and was confirmed by an unbroken
line Of decisions in this court. The leg
islative power of the government had
not transcribed any of it's consti-
tutional limitations in the act under
consideration. 1t was within its power
TO determine the regulations under
which these aliens should be permitted
TO remain IN the United States, or tall
ing to observe these regulations, they
should be required to leave the coun-
try.
The provisions of section of the act,
which are the part of the law particu-
larly at issue, were not inconsistent
with, the relations and duties of the
legislative and judicial departments of
the government. The mode of proce-
dure set forth in the section are
similar to that in other we'll
established proceedings, such as the
habeas corpus and naturalization, fixing
the requirements of citizenship and the
like, in which the judicial branch of the
government accepted the determination
Of the executive upon the questions in
Volved.
As to the requirements that the
Chinese entitled to remain in this coun-
try should establish that right by the
Justice Gray said that it was
within the power of the legis-
lature to determine the character
of evidence that might be received in
q case at law and what force should
be given to the testimony so offered
Not discussing the wisdom nor
the justice Of the act in ques-
ton, which was beyond the
province of the judicial branch of the
government, it remained only to say
that the Judgment of the circuit court
Southern District of New York in refus-
ing to grant Writs of habeas corpus to
the several petitioners was affirmed.
Justice Gray stated that as it had been
impossible in the brief time elapsing
since the hearing of the argument upon
the petitions to prepare in writing the
opinion of the court, it would be filed
as soon as it was possible.
At the conclusion of Justice Grav's
opinion, Justice Brewer announced that
he felt compelled to dissent from the
view of the majority of the court. He
read his views at some length, declaring
in substance that the act in 1892 was
unconstitutional and that if it were up
held there was no guarantee that SINH
lar treatment might not be accorded to
other classes OF our population than
these chinese.
Justice Field, who delivered the opin-
ion of the supreme court of the United
States in the first case under the exclu-
sion act, also read dissenting opinion
He held that there was wide difference
between exclusion of immigrants and
..
he characterized the act in the strongest
language as inhuman and brutal and as
Violative of the constitution to every
section.
Chief Justice Fuller also dissented
from the opinion Of the court.
After the court had concluded the
announcement of opinions, J. H. Ash
ton, of counsel for the Chinese, moved
for a rehearing of the case and an argu-
ment before a full bench at the next
term. At present the court stands
five to three in support of the
law, Justice Harlan being absent. The
court took the motion under advise
ment, the effect Of which is to postpone,
until the motion is acted upon, any pro-
ceeding under the Judgment of the
court announced to-day.
The act requires that every Ch1naman
IN the United States shall on or before
May appear in person before the
collector of internal revenue in whose
district he resides and register, the
certificate of which registration shall
be evidence Of his right to remain IN
this country. Cinnamon failing to reg
lister are liable to arrest and deporta-
ton. 1t is estimated that there are in
the United States 100,0 600 Cinnamon, Of
whom comparatively few have complied
with the provisions of the act.
Pending the decision the Treasury
Department issued orders that no steps
should be taken under the act.