The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-05-19
THE GEARY LAW.

THE GEARY LAW.
The United States -upr. me Court Decides
the Law Requiring Chinese to Register
Constitutional. Chief Justice Fuller and
Associate justices Field and brewer Dis
sent.
WASHINGTON, May l6.-1he supreme
court, through Justice Gray, has sus-
tanned the decision OF the New York
courts in favor of the constitu tionality
of the Geary exclusion act
Justice Gray, in announcing the
Judgment of the court, said that the
power of the nation to restrict or pro.
hibit the immigration of any aliens
into the country or to require such
aliens already in the country to remove
therefrom was a well settled principle
of international law and it was con-
firmed by an unbroken line of decisions
in this court. The Legislative power of
the government had not transcribed
any of. its constitutional limitations in
the act under consideration. 1t was
within it's power to determine the reg
ulations under which these aliens
should be permitted TO remain in the
United States or failing ia observe
these regulations, they should be re-
quired TO leave the country.
The provisions of section of the act
the Judge said, which We're the part of
the law particularly at issue, were not
Inconsistent with the duties of the
legislative and judicial departments of
the government. The mode of pro-
ced,,re set forth in the section, the
Judge held, was similar to that in other
well 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 involved. As
81 the requirements that the Chi
hese entitled to remain in this country
should establish that right by the evil
dence of one credible witness it was
within the power of the legislature to
determine the character of the evidence
that might be received in case at law
and what force should be given to the
testimony offered. Not discussing the
wisdom or the Justice of the act in
question, which was beyond the
province Of the judicial branch Of the
that the Judgment of the circuit court
for the southern district of New York
in refusing to grant writs of habeas
corpus to the several petitioners was
affirmed.
Justice Gray stated that it had been
impossible in the brief time elapsing
since the hearing of the argument upon
the petitions to prepase n writing the
opinion of the court. 1t would be filed
as soon as it was possible.
At the conclusion of Justice Gray's
opinion Justice Brewer that
he felt compelled to dissent from the
view Of the majority of the court. He
read his views at some length, declar-
ing in substance that the act of 1899
was unconstitutional and that if it
that similar treatment might not be
accorded to other classes Of the pcpula-
ton than the Chinese.
Justice Field, Who delivered the opin-
ion of the supreme court in the first
case under the exclusion act, also read
dissenting opinion. He held that
there was wide difference between
exclusion of immigrants and the deport-
alton of alien residents and he char
acterized the act in the strongest Ian
guage as inhuman and violative Of the
constitution in every section. He re-
GREETED to say that the decision of the
court was, to his mind, fraught with
the Eravest dangers to the priceless
constitutional liberties of the people.
Chief Justice Fuller also dissented
frD,x, -
After the court had completed the
announcements of the opinions, J. II.
Ashton, of counsel for the Chinese,
moved for a rehearing of the case and
an argument before a full bench at the
next term. At present the court stands
to in support of the law, Justice
Harlan being absent. The court took
the motion under advisement the effect
of which is to postpone until the mo-
ton is acted upon, any proce edings un'
der the judgment of the court an:
nounced to-day.
| In his dissenting opinion the chiei
justice denied the soundness Of the
proposition that the cases before the
court We're such as the political depart
ment of the government alone could
| eNeAA '" AeA'a ~ was, hio view, d JuttI
cial question, and however reluctant
courts may be to pass upon the consti
tut,onality of legislative acts, it wa.
the very essence of judicial duty to dc
so when the discharge of that duty wa,
properly imposed upon it. He enter
tanned no doubt that the provisions 81
of the fifth and fourteenth amendment.
were universal in their application
and that while the general govern
ment was invested, SO far as foreign
countries were concerned, with all the
powers necessary to the maintenance
OF its absolute independence and secur
lty, 1t could not, in virtue of supposed
inherent sovereignty, absolutely dea
with persons lawfully and peacefully
within its domain. The act before tn,
court was not an act to abrogate, or re
peal treaty nor to expel Chiname1
lawfully hereafter and no such inten
could be imputed to congress. Its Oh
ject was to prescribe methed Of regis
tration and the deportation by way O
punishment was, in his view. IN unusua
punishment, net authorized by the con
stitution.
william E. Curtis Resigns.
WASHINGTON, May l6-William E
Curtis, director of the bureau of Ameri