Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1893-05-19
THE LAW II | PIlELp.
IA ~upF'tu' nutt ~tHnds IINt 80
th',s u"tt"n I"' U,h.nttng u.-
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'..' N'"'nN-. 900.
',Hiint AN.fn't .'''u'tl O.u,t. 80.
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"'- '.'' 'i '"-'I'' tray. VIA"
.hai th' question: ptr-,ut,d Wa- the
,.t.tifut.r.uf, and ,f.,t .f H.,
.,.,l.. ..,l..,.t ~,
wee
''' ''' ~ i''''''''' ''' coming
~ hlu'-' "t-.u. INTO the I uItcd
state Ih IIsti'" -A't,h'l the
pf"tI-i'n- col %" law RAPIDLY and thru
i'r",'''''I t. -'t % wa' perfectly Will
-'iil'd % WtH "i" 10 th" fundamental
luurlpi'- "l the law "i NATIONS, that
'f'N iud'l 'ud'ut nation had al IA.
h'r'ut night - keep aliens uut ui ITS
htui"ry and to order them "a rrt ont
"i IT. territory. HAT power the public
~ Hare demanded That power exists
ia time "i war aud equally 80 ia time
q" I""', and la- nlWaN- been frrug-
Wf'd a. belonging 10 ud,pcudcut
nations The nlt'd states and all
at a." great power. have power e. de-
clare War. To make peace. To pass acts
"I naturalization. aud to pass NIL
necessary AMI proper laws To- carry
out the powers rcpo-Cd IN Congress
on the political department uf the
government " drN"lN'd the ear, oi It's
international relations. II has been
settled "a two cases that the power of
exclusion may ice vested IA executive
officers. aud that the All oi the Judi
cary might h' invoked. 1t Is mo- new
thihg ~ pubic Law Tor matters 10 hc
executive and political in the first
instance ana ttlrh take judicial force
~ the P"lIlirh department might
direct The courts have no authority
4" revise the DECISIONS OF action and
effect ~ these eases. except So far ~
provision has been made toy law. The
treaties with CHINA provided, original
ly. Tor very Tree intercourse. That
was IN 1863. Then II was found il
was necessary Ia have more power
Tor the convenient regulation Of this
matter. and the subsequent treaties
more distinctly recognized. n CON
t"mplatcd 10y the contracting parties
the power To regulate the entrance Of
Chinese INTO this country. II Con
greSs makes u law inconsistent with
the treaty. 1t may give foreign nation
the night to complain and To take
such action ~ IT may deem best for
its own interest hut the duty Of the
courts ni the United States il clear,
aud they must recognize its force.
Justice Gray here dwclt At length
upon the objection that had been
made 10 arbitrary power conferred
upon the executive officers in making
approximations. lie said il an inyrsti.
CATION il made it would Lee u judicial
investigation The law provided that
a thinaman shall be- dcpnried unless
l'e shall clearly establish certain facts
1" the satisfaction Of the Judge. The
legislature had right tn prescribe
what evidence shall hc demanded he.
fore It's judicial tribunals II was
within it, power TO provide that those
aliens who have been "A wear within
the United State. without getting
out u certificate, should hc de.
ported II had the right To define
what witnesses should bc heard: the
right To- protect the courts against
testimony from persons who had no
regard for the sanctity OF their oath.
lie would not touch upon the wisdom.
the policy nor even the Justice of the
act. These questions were for the
political. legislative aud executive de-
partmcnts oi the government. II the
act were within the constitutional
powers II would be out Of place for
the court Ia interfere. What Con-
s''Ss ""' u"ne ia" not been To provide
49,, "s 90, " ~ - ~ '''"'e !" 'ne
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a,,, an,;,i.'I 49, ,ha .ao,,,;,'' ."!
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AMI Law in such wo.s,,o. ~ ,,a,.
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,o,.,;,n,;on -, L.. ~, :"
,ho now., ~ conar.s. 49, o".'p It
a. -. ,,,,. ,o,,,,s.,. '''"'
4, ,c,,.;ps onl, ,o ..,. ,h., u,o
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southern ,li.,r,c, If Now yort IN 90
L,.;ng ,n 81, ,.,;,s ~ h.i.a -.
IN n.,,,;on.r. !. sm,r,.j IT. Iri,,o
saiI an o,ininn l., ,,,;,;,,, I'LL -,
6l.J a. .oon a. no..;,Io
~" "'"' '''N'" I'm" oriNioN'
Justice REID delivered the principal
'hsSeh''hs "Pinl"n' lie said
me power oil the government to
exclude Foreigners from tins country;
.ha' H. l" prevent them from entering
u whenever puoiic interests IN ITS
Judgment require s"ch exclusion, has
been repeatedly asserted hy the legis'
ia'Ne department nut The deporta'
- -. >. :,
'uhy oo"''c''eu 'herein ny permission
oi ."c government, engaged III the
ofn'h"tV pursuits oi me- has never
oc',' "ss.r'eu ny the government since
us 'o'','ua''oh' except LOT CRIME or a.
u" "c' oi war. III view oil existing or
"n''o'Pa''"s nos'''i'ies' unless the
"s''h w "' 100 can NC considered IA
'..'s"'"'ns ''"' "oe'rihe. IN no