The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-05-16
THE GEARY LAW CONSTITUTIONAL
Powers Of The Government We're Not
TranSCGndGd.
EXCITEMENT IN SAN FRANCISCO
Prophecy that Action VIII Be Deferred
Until the COnyening of COngress-At-ea
torney Mowry Speaks.
EXCITEMENT In SAN FRANCISCO
Associated Press.

Washington, May 1.-THE supreme
court today, through Justice Gray, sus.
tanned the decision of the New York
courts in favor of the constitutionality
of the Geary Chinese exclusion act
Justice Brewer dissented.
Justice Gray in announcing the
judgment Of the court, said the power
of this notion to restrict or prohibit
the immigration of aliens into this
country or to require such aliens al
ready in the country to remove there
from, was a well settled principle of
international law, confirmed by an un-
broken line of decisions in this court.
The legislative power of the govern
ment had not transcribed any of its
constitutional limitations in the act
under consideration.
Mr.. May, counsellor to the Chinese
legation said that the contest against
the law would doubtless be transferred
to congress when it meets In the fall.
under present conditions it will be i'm
possible for the officials to execute the
law literally because there is practic-
ally no money to carry it's provisions
into effect. Mr.. May called attention to
the fact that when an effort was made
to secure the insertion of an item of
half million dollars in the approprias-
ton bill for the purpose of enabling
the eXecutove authorities to carry out
the provisions Of the law, Holman an
tagonized and defeated 1t in conse-
quence. When congress appropriated
only $4,000, the sum heretofore an
nually provided with which to deport |
Chinese who might unlawfully secure |
entrance into the United States and be |
detected, it was an unfortunate and |
deplorable condition of affairs, he said,
which threatened the existence of the
peaceful and peacable relations of Chi
ma and the United States and left hun
dreds of natives Of each country In the
interior of the other practically hos
tages for the other
In his dissenting opinion the chief
justice denied tn esoundness Of the
The cases before the court
were such as the political department
Of the government could alone deal
with. 1t was, in his view, a judicial
question and however reluctant the
court may be to pass upon the con-
of a legislative act, It'll
was the very essence of judicial duty II
% do so when discovered that they
we're properly imposed upon it. He en- I
ertained no doubt that the provisions |
If the Fifth and Fourteenth amend
nents were universal in their applica- '
ion, while the general government was !
invested as far as foreign countries
we're concerned with all the powers
necessary to the maintenance of it's [
absolute independence and security.
he act before the court was not an [
ct to abrogate or repeal treaty, nor q
o expel Cinnamon lawfully here, and '
10 such intention can be imputed to
ngress. Its object was to prescribe a {
Method of registration and deporta-
ion. He denounced the prescribed pun n
;hment. 1t was, in his view, an unusu- t
punishment and not authorized by t
he constitution. L
Justice Brewer didsented dn the n
round that if upheld there was no n
guarantees that similar treatment g
Ugh tnot be accorded other classes of Il
ur population. Justice Field also read
u dissenting opinion. Chief Justice
uller also dissented from the opin-
N Of the court. After the court had r.
included the announcement of the p
oinion the counsel for the Chinese d
oved for a rehearing and argument fc
efore the full bench at the next term. te
t present the court stands five to NJ
lree in support of the law. Justice W
arlan being absent, the court took pl
e motion under advisement, the ef- III
ect of which is to postpone pro- W
edings under the judgment an
'unced today.