Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-15
CHINESE EXCLUSION LAW,
The Decision Of the Supreme Court
Rendered Today.
Dissenting Opinions. - Proceedings
Under the Judgment Postponed.
Another Hearing.

WARRINGTON, May l5.--The Su.
preme court today, through Justice
Gray, sustained the decision tf the
New York couits In favor OF the con.
stitutionality Of the Geary Chinese
exclusion act. Justice Brewer dis.
Sc nted.
LATER INTELLIGENCE.
The announcement Of the decision
In the case attracted q large attend
ance OF spectators and attorneys, In
Guiding Attorney General Olney,
Solicitor General Aldricb, Senators,
Pugh, Dolph and Cochrane.
Justice Gray, In announcing tho
Judgment Of the court, said the power
OF the nation to restrict or prohioit the
immigration OF aliens into this coun.
try, or require such aliens already
In the country to remove thereirom
Ia a well settled principle of interna.
tionAl law, confirmed by an unbroken
line OF decisions In this court. The
Legislative power OF the gevernmen Mt
has not transcribed any Of its con.
stitutionai limitations In the act
under consideration. 1t was within
Its power to determine the regulation
under which these aliens can remain
In the United States, or, failing +, OBJ.
serve those regulations, be required to
leave tho country.
The provisions Of section vi OF the
act, which are part Of the law aud
particularly ut ISSUE, are not lnconsist-
ont with the relations and duties of the
legislative anu Judicial departments OF
the government. The mode Of pro.
cedure under the section is similar TO
other we'll established procee Iings,
such ms habeas corpus aud natursliza-
ton, fixing the requirement for citizen.
ship and the like, and which the
judicial branch Of the government has
accepted In the determination OF the
executive upon the questions involved.
As to the requirements that the
Chinese entitled to remain 10 this
country, should establish the right by
the evidence OF one credible white
witness, Justice Gray said II was
within the power Of the legislature to
determine the . character OF the eyi.
dence that might be received In 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 question, which
was beyond the province Of the Judi.
cIal branch Of the government, II
remains only to say that the judg.
ment Of the circuit court Of the south.
ern district Of New York In refusing
to grant writs OF habeas corpus to the
petitioners IL affirmed.
The Judge said the opinion In writ.
Ing would be filed ~ soon AZ possible.
AT the conclusion OF Justice Gray's
opinion, Justice Brewer announced
that he was compelled to dissent from
the view OF the majority Of the court,
and read his views at some length.
declaring in substance the act OF is0o
unconstitutional; that II upheld there
Ia no guarantee that similar treatment
might not be accorded other classes OF
our population.
Justice Field, who delivered the
opinion OF the Supreme Court In the
f1rst case under the exclusion act,
also read q dissenting opinion. He
held u wide difference between the OK.
clusion Of immigrants and d.porta.
ton OF alien residents, and char
acterized the act In the strongest
language as inhuman and brutal
and violation Of the Constitution In
every section. He regretted to say
that the decision Of the court to his
mind was fraught with the gravest
dangers to constitutional liberty.
Chief Justice Fuller also dlfsented
ffom the opinion of ths court.
After the court concluded the an.
OF the opinion Ashton,
of counsel for the Chinese, moved n
and argument before the
full bench Mt the next term. AT
resent the court stands five to three in
support Of the law. Justice Harlan
being absent the court took the motion
under advisement, the effect of
which Ia to postpone tho proceedings
under the judgment announced today.
Drookiyn Ifnndieap Day.
NEW York, May l5.-rhis is Brook
yn handicap day, one OF the great
race days OF the year. Aside from
he $4,000 purse for this event.